Page:United States Statutes at Large Volume 120.djvu/1559

 120 STAT. 1528

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘40305. ‘‘40306. ‘‘40307.

Assessment agreements. Nondisclosure of information. Exemption from antitrust laws.

‘‘§ 40301. Application ‘‘(a) OCEAN COMMON CARRIER AGREEMENTS.—This part applies to an agreement between or among ocean common carriers to— ‘‘(1) discuss, fix, or regulate transportation rates, including through rates, cargo space accommodations, and other conditions of service; ‘‘(2) pool or apportion traffic, revenues, earnings, or losses; ‘‘(3) allot ports or regulate the number and character of voyages between ports; ‘‘(4) regulate the volume or character of cargo or passenger traffic to be carried; ‘‘(5) engage in an exclusive, preferential, or cooperative working arrangement between themselves or with a marine terminal operator; ‘‘(6) control, regulate, or prevent competition in international ocean transportation; or ‘‘(7) discuss and agree on any matter related to a service contract. ‘‘(b) MARINE TERMINAL OPERATOR AGREEMENTS.—This part applies to an agreement between or among marine terminal operators, or between or among one or more marine terminal operators and one or more ocean common carriers, to— ‘‘(1) discuss, fix, or regulate rates or other conditions of service; or ‘‘(2) engage in exclusive, preferential, or cooperative working arrangements, to the extent the agreement involves ocean transportation in the foreign commerce of the United States. ‘‘(c) ACQUISITIONS.—This part does not apply to an acquisition by any person, directly or indirectly, of any voting security or assets of any other person. ‘‘(d) MARITIME LABOR AGREEMENTS.—This part does not apply to a maritime labor agreement. However, this subsection does not exempt from this part any rate, charge, regulation, or practice of a common carrier that is required to be set forth in a tariff or is an essential term of a service contract, whether or not the rate, charge, regulation, or practice arises out of, or is otherwise related to, a maritime labor agreement. ‘‘(e) ASSESSMENT AGREEMENTS.—This part (except sections 40305 and 40307(a)) does not apply to an assessment agreement. ‘‘§ 40302. Filing requirements ‘‘(a) IN GENERAL.—A true copy of every agreement referred to in section 40301(a) or (b) of this title shall be filed with the Federal Maritime Commission. If the agreement is oral, a complete memorandum specifying in detail the substance of the agreement shall be filed. ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to— ‘‘(1) an agreement related to transportation to be performed within or between foreign countries; or ‘‘(2) an agreement among common carriers to establish, operate, or maintain a marine terminal in the United States. ‘‘(c) REGULATIONS.—The Commission may by regulation prescribe the form and manner in which an agreement shall be filed

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