§40102. Definitions
In this part:
(1)
(A) means a written or oral understanding, arrangement, or association, and any modification or cancellation thereof; but
(B) does not include a maritime labor agreement.
(2)
(A) the Sherman Act (15 U.S.C. 1 et seq.);
(B) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9);
(C) the Clayton Act (15 U.S.C. 12 et seq.);
(D) the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a);
(E) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);
(F) the Antitrust Civil Process Act (15 U.S.C. 1311 et seq.); and
(G) Acts supplementary to those Acts.
(3)
(4)
(5)
(A) the berthing or bunkering of the vessel;
(B) the loading or unloading of cargo to or from the vessel to or from a point on a wharf or terminal;
(C) the positioning, removal, or replacement of buoys related to the movement of the vessel; and
(D) with respect to injunctive relief under section 41307, towing vessel services provided to such a vessel.
(6)
(A) a cargo-carrying capability consisting of individual cargo tanks for bulk chemicals that-
(i) are a permanent part of the vessel; and
(ii) have segregation capability with piping systems to permit simultaneous carriage of several bulk chemical cargoes with minimum risk of cross-contamination; and
(B) a valid certificate of fitness under the International Maritime Organization Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk.
(7)
(A) means a person that-
(i) holds itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation;
(ii) assumes responsibility for the transportation from the port or point of receipt to the port or point of destination; and
(iii) uses, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country; but
(B) does not include a carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker, or by vessel when primarily engaged in the carriage of perishable agricultural commodities-
(i) if the carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities; and
(ii) only with respect to the carriage of those commodities.
(8)
(A) means an association of ocean common carriers permitted, pursuant to an approved or effective agreement, to engage in concerted activity and to use a common tariff; but
(B) does not include a joint service, consortium, pooling, sailing, or transshipment agreement.
(9)
(A) a majority of the interest in the carrier is owned or controlled in any manner by that government, an agency of that government, or a public or private person controlled by that government; or
(B) that government has the right to appoint or disapprove the appointment of a majority of the directors, the chief operating officer, or the chief executive officer of the carrier.
(10)
(A) consideration for the shipper giving all or any portion of its shipments to that or any other common carrier over a fixed period of time;
(B) deferred beyond the completion of the service for which it was paid; and
(C) made only if the shipper has agreed to make a further shipment with that or any other common carrier.
(11)
(12)
(13)
(14)
(A) a shipper to obtain lower rates by committing all or a fixed portion of its cargo to that carrier or agreement; and
(B) a deferred rebate arrangement.
(15)
(16)
(A) means-
(i) a collective bargaining agreement between an employer subject to this part, or a group of such employers, and a labor organization representing employees in the maritime or stevedoring industry;
(ii) an agreement preparatory to such a collective bargaining agreement among members of a multi-employer bargaining group; or
(iii) an agreement specifically implementing provisions of such a collective bargaining agreement or providing for the formation, financing, or administration of a multi-employer bargaining group; but
(B) does not include an assessment agreement.
(17)
(A) does not operate the vessels by which the ocean transportation is provided; and
(B) is a shipper in its relationship with an ocean common carrier.
(18)
(19)
(A) in the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers; and
(B) processes the documentation or performs related activities incident to those shipments.
(20)
(21)
(A) the shipper or shippers commit to providing a certain volume or portion of cargo over a fixed time period; and
(B) the ocean common carrier or the agreement commits to a certain rate or rate schedule and a defined service level, such as assured space, transit time, port rotation, or similar service features.
(22)
(23)
(A) a cargo owner;
(B) the person for whose account the ocean transportation of cargo is provided;
(C) the person to whom delivery is to be made;
(D) a shippers' association; or
(E) a non-vessel-operating common carrier that accepts responsibility for payment of all charges applicable under the tariff or service contract.
(24)
(25)
(26)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40102(1) | 46 App.:1702(1). |
|
| 40102(2) | 46 App.:1702(2). | |
| 40102(3) | 46 App.:1702(3). | |
| 40102(4) | 46 App.:1702(4). | |
| 40102(5) | 46 App.:1702(6) (last sentence). | |
| 40102(6) | 46 App.:1702(6) (1st sentence). | |
| 40102(7) | 46 App.:1702(7). | |
| 40102(8) | 46 App.:1702(8). | |
| 40102(9) | 46 App.:1702(9). | |
| 40102(10) | 46 App.:1702(10). | |
| 40102(11) | 46 App.:1702(11). | |
| 40102(12) | 46 App.:1702(12). | |
| 40102(13) | 46 App.:1702(13). | |
| 40102(14) | 46 App.:1702(14). | |
| 40102(15) | 46 App.:1702(15). | |
| 40102(16) | 46 App.:1702(17)(B). | |
| 40102(17) | 46 App.:1702(16). | |
| 40102(18) | 46 App.:1702(17)(A). | |
| 40102(19) | 46 App.:1702(17) (1st sentence). | |
| 40102(20) | 46 App.:1702(19). | |
| 40102(21) | 46 App.:1702(20). | |
| 40102(22) | 46 App.:1702(21). | |
| 40102(23) | 46 App.:1702(22). | |
| 40102(24) | 46 App.:1702(23). | |
| 40102(25) | 46 App.:1702(24). |
In the definition of "service contract", the words "The contract may also specify provisions in the event of nonperformance on the part of any party" are omitted as unnecessary and inappropriate for a definition.
In the definition of "shipper", the words "non-vessel-operating common carrier" are substituted for "ocean transportation intermediary, as defined in paragraph (17)(B) of this section" because paragraph (17)(B) contains a definition of "non-vessel-operating common carrier" which is restated as a separate definition.
The definition of "Commission" is omitted because the full name of the Federal Maritime Commission is used the first time the Commission is referred to in each section. The definition of "person" is omitted as unnecessary because of 1 U.S.C. 1. The definition of "United States" is omitted because the term is defined in chapter 1 of the revised title for purposes of the title.
Editorial Notes
References in Text
The Sherman Act, referred to in par. (2)(A), is act July 2, 1890, ch. 647,
The Clayton Act, referred to in par. (2)(C), is act Oct. 15, 1914, ch. 323,
Act of June 19, 1936, referred to in par. (2)(D), is act June 19, 1936, ch. 592,
The Federal Trade Commission Act, referred to in par. (2)(E), is act Sept. 26, 1914, ch. 311,
The Antitrust Civil Process Act, referred to in par. (2)(F), is
Amendments
2018-Pars. (5) to (26).
Statutory Notes and Related Subsidiaries
Agreements Unaffected
"(1) to limit or amend the definition of 'agreement' in section 40102(1) of title 46, United States Code, with respect to the exclusion of maritime labor agreements; or
"(2) to apply to a maritime labor agreement (as defined in section 40102(15) of that title)."