Page:United States Statutes at Large Volume 120.djvu/1558

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1527

‘‘(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. ‘‘(23) SHIPPERS’ ASSOCIATION.—The term ‘shippers’ association’ means a group of shippers that consolidates or distributes freight on a nonprofit basis for the members of the group to obtain carload, truckload, or other volume rates or service contracts. ‘‘(24) THROUGH RATE.—The term ‘through rate’ means the single amount charged by a common carrier in connection with through transportation. ‘‘(25) THROUGH TRANSPORTATION.—The term ‘through transportation’ means continuous transportation between origin and destination for which a through rate is assessed and which is offered or performed by one or more carriers, at least one of which is a common carrier, between a United States port or point and a foreign port or point. ‘‘§ 40103. Administrative exemptions ‘‘(a) IN GENERAL.—The Federal Maritime Commission, on application or its own motion, may by order or regulation exempt for the future any class of agreements between persons subject to this part or any specified activity of those persons from any requirement of this part if the Commission finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce. The Commission may attach conditions to an exemption and may, by order, revoke an exemption. ‘‘(b) OPPORTUNITY FOR HEARING.—An order or regulation of exemption or revocation of an exemption may be issued only if the Commission has provided an opportunity for a hearing to interested persons and departments and agencies of the United States Government. ‘‘§ 40104. Reports filed with the Commission ‘‘(a) IN GENERAL.—The Federal Maritime Commission may require a common carrier or an officer, receiver, trustee, lessee, agent, or employee of the carrier to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the carrier. The report, account, record, rate, charge, or memorandum shall be made under oath if the Commission requires, and shall be filed in the form and within the time prescribed by the Commission. ‘‘(b) CONFERENCE MINUTES.—Conference minutes required to be filed with the Commission under this section may not be released to third parties or published by the Commission. ‘‘CHAPTER 403—AGREEMENTS ‘‘Sec. ‘‘40301. ‘‘40302. ‘‘40303. ‘‘40304.

VerDate 14-DEC-2004

Application. Filing requirements. Content requirements. Commission action.

13:05 Jul 12, 2007

Jkt 059194

PO 00002

Frm 00271

Fmt 6580

Sfmt 6582

E:\PUBLAW\PUBL002.109

APPS06

PsN: PUBL002

�