46 USC § 40301 - Application

---
identifier: "/us/usc/t46/s40301"
source: "usc"
legal_status: "official_legal_evidence"
title: "46 USC § 40301 - Application"
title_number: 46
title_name: "SHIPPING"
section_number: "40301"
section_name: "Application"
chapter_number: 403
chapter_name: "AGREEMENTS"
part_number: "A"
part_name: "Ocean Shipping"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1528.)"
---


# § 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.

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**Source Credit**: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1528.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 40301(a) | 46 App.:1703(a). | Pub. L. 98–237, § 4, Mar. 20, 1984, 98 Stat. 70; Pub. L. 105–258, title I, § 103, Oct. 14, 1998, 112 Stat. 1904. |
| 40301(b) | 46 App.:1703(b). |  |
| 40301(c) | 46 App.:1703(c). |  |
| 40301(d) | 46 App.:1704(f). | Pub. L. 98–237, § 5(e) (last sentence), (f), Mar. 20, 1984, 98 Stat. 70; Pub. L. 104–88, title III, § 335(c)(2), Dec. 29, 1995, 109 Stat. 954; Pub. L. 105–258, title I, § 104(a)(2), (b), Oct. 14, 1998, 112 Stat. 1904, 1905. |
| 40301(e) | 46 App.:1704(e) (last sentence). |  |