‘‘(2) EXTENSION.—The period specified in subsection (c)(2) may be 
extended only by the United States District Court for the District of 
Columbia in a civil action brought by the Commission under section 
41307(c) of this title. 
‘‘(f) FIXED TERMS.—The Commission may not limit the effectiveness of 
an agreement to a fixed term. 
‘‘§ 40305. Assessment agreements 
‘‘(a) FILING REQUIREMENT.—An assessment agreement shall be filed 
with the Federal Maritime Commission and is effective on filing. 
‘‘(b) COMPLAINTS.—If a complaint is filed with the Commission within 
2 years after the date of an assessment agreement, the Commission shall 
disapprove, cancel, or modify the agreement, or an assessment or charge 
pursuant to the agreement, that the Commission finds, after notice and op-
portunity for a hearing, to be unjustly discriminatory or unfair as between 
carriers, shippers, or ports. The Commission shall issue its final decision in 
the proceeding within one year after the date the complaint is filed. 
‘‘(c) ADJUSTMENTS OF ASSESSMENTS AND CHARGES.—To the extent 
that the Commission finds under subsection (b) that an assessment or 
charge is unjustly discriminatory or unfair as between carriers, shippers, or 
ports, the Commission shall adjust the assessment or charge for the period 
between the filing of the complaint and the final decision by awarding pro-
spective credits or debits to future assessments and charges. However, if the 
complainant has ceased activities subject to the assessment or charge, the 
Commission may award reparations. 
‘‘§ 40306. Nondisclosure of information 
‘‘Information and documents (other than an agreement) filed with the 
Federal Maritime Commission under this chapter are exempt from disclo-
sure under section 552 of title 5 and may not be made public except as 
may be relevant to an administrative or judicial proceeding. This section 
does not prevent disclosure to either House of Congress or to a duly author-
ized committee or subcommittee of Congress. 
‘‘§ 40307. Exemption from antitrust laws 
‘‘(a) IN GENERAL.—The antitrust laws do not apply to— 
‘‘(1) an agreement (including an assessment agreement) that has 
been filed and is effective under this chapter; 
‘‘(2) an agreement that is exempt under section 40103 of this title 
from any requirement of this part; 
‘‘(3) an agreement or activity within the scope of this part, whether 
permitted under or prohibited by this part, undertaken or entered into 
with a reasonable basis to conclude that it is—
‘‘(A) pursuant to an agreement on file with the Federal Mari-
time Commission and in effect when the activity takes place; or 
‘‘(B) exempt under section 40103 of this title from any filing 
or publication requirement of this part; 
‘‘(4) an agreement or activity relating to transportation services 
within or between foreign countries, whether or not via the United 
States, unless the agreement or activity has a direct, substantial, and 
reasonably foreseeable effect on the commerce of the United States; 
‘‘(5) an agreement or activity relating to the foreign inland segment 
of through transportation that is part of transportation provided in a 
United States import or export trade; 
‘‘(6) an agreement or activity to provide wharfage, dock, warehouse, 
or other terminal facilities outside the United States; or 
‘‘(7) an agreement, modification, or cancellation approved before 
June 18, 1984, by the Commission under section 15 of the Shipping 
Act, 1916, or permitted under section 14b of that Act, and any prop-
erly published tariff, rate, fare, or charge, or classification, rule, or reg-
ulation explanatory thereof implementing that agreement, modification, 
or cancellation. 
‘‘(b) EXCEPTIONS.—This part does not extend antitrust immunity to— 
‘‘(1) an agreement with or among air carriers, rail carriers, motor 
carriers, or common carriers by water not subject to this part relating 
to transportation within the United States; 
‘‘(2) a discussion or agreement among common carriers subject to 
this part relating to the inland divisions (as opposed to the inland por-
tions) of through rates within the United States; 
‘‘(3) an agreement among common carriers subject to this part to 
establish, operate, or maintain a marine terminal in the United States; 
or 
‘‘(4) a loyalty contract. 
‘‘(c) RETROACTIVE EFFECT OF DETERMINATIONS.—A determination by 
an agency or court that results in the denial or removal of the immunity 
to the antitrust laws under subsection (a) does not remove or alter the anti-
trust immunity for the period before the determination. 
‘‘(d) RELIEF UNDER CLAYTON ACT.—A person may not recover damages 
under section 4 of the Clayton Act (15 U.S.C. 15), or obtain injunctive re-
lief under section 16 of that Act (15 U.S.C. 26), for conduct prohibited by 
this part. 
‘‘CHAPTER 405—TARIFFS, SERVICE CONTRACTS, 
REFUNDS, AND WAIVERS 
‘‘Sec. 
‘‘40501.
General rate and tariff requirements.
‘‘40502.
Service contracts. 
‘‘40503.
Refunds and waivers. 
‘‘§ 40501. General rate and tariff requirements 
‘‘(a) AUTOMATED TARIFF SYSTEM.— 
‘‘(1) IN GENERAL.—Each common carrier and conference shall keep 
open to public inspection in an automated tariff system, tariffs showing 
all its rates, charges, classifications, rules, and practices between all 
points or ports on its own route and on any through transportation 
route that has been established. However, a common carrier is not re-
quired to state separately or otherwise reveal in tariffs the inland divi-
sions of a through rate. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not apply with respect to 
bulk cargo, forest products, recycled metal scrap, new assembled motor 
vehicles, waste paper, or paper waste. 
‘‘(b) CONTENTS OF TARIFFS.—A tariff under subsection (a) shall— 
‘‘(1) state the places between which cargo will be carried; 
‘‘(2) list each classification of cargo in use; 
‘‘(3) state the level of compensation, if any, of any ocean freight for-
warder by a carrier or conference; 
‘‘(4) state separately each terminal or other charge, privilege, or fa-
cility under the control of the carrier or conference and any rules that 
in any way change, affect, or determine any part or the total of the 
rates or charges; 
‘‘(5) include sample copies of any bill of lading, contract of affreight-
ment, or other document evidencing the transportation agreement; and 
‘‘(6) include copies of any loyalty contract, omitting the shipper’s 
name. 
‘‘(c) ELECTRONIC ACCESS.—A tariff under subsection (a) shall be made 
available electronically to any person, without time, quantity, or other limi-
tation, through appropriate access from remote locations. A reasonable fee 
may be charged for such access, except that no fee may be charged for ac-
cess by a Federal agency. 
‘‘(d) TIME-VOLUME RATES.—A rate contained in a tariff under sub-
section (a) may vary with the volume of cargo offered over a specified period 
of time. 
‘‘(e) EFFECTIVE DATES.— 
‘‘(1) INCREASES.—A new or initial rate or change in an existing rate 
that results in an increased cost to a shipper may not become effective 
earlier than 30 days after publication. However, for good cause, the 
Federal Maritime Commission may allow the rate to become effective 
sooner.
‘‘(2) DECREASES.—A change in an existing rate that results in a de-
creased cost to a shipper may become effective on publication. 
‘‘(f) MARINE TERMINAL OPERATOR SCHEDULES.—A marine terminal op-
erator may make available to the public a schedule of rates, regulations, and 
practices, including limitations of liability for cargo loss or damage, per-
taining to receiving, delivering, handling, or storing property at its marine 
terminal. Any such schedule made available to the public is enforceable by 
an appropriate court as an implied contract without proof of actual knowl-
edge of its provisions. 
‘‘(g) REGULATIONS.— 
‘‘(1) IN GENERAL.—The Commission shall by regulation prescribe 
the requirements for the accessibility and accuracy of automated tariff 
systems established under this section. The Commission, after periodic 
review, may prohibit the use of any automated tariff system that fails 
to meet the requirements established under this section. 
‘‘(2) REMOTE
TERMINALS.—The Commission may not require a 
common carrier to provide a remote terminal for electronic access 
under subsection (c). 
‘‘(3) MARINE TERMINAL OPERATOR SCHEDULES.—The Commission 
shall by regulation prescribe the form and manner in which marine ter-
minal operator schedules authorized by this section shall be published. 
‘‘§ 40502. Service contracts 
‘‘(a) IN GENERAL.—An individual ocean common carrier or an agreement 
between or among ocean common carriers may enter into a service contract 
with one or more shippers subject to the requirements of this part. 
‘‘(b) FILING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Each service contract entered into under this 
section by an individual ocean common carrier or an agreement shall 
be filed confidentially with the Federal Maritime Commission. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not apply to contracts re-
garding bulk cargo, forest products, recycled metal scrap, new assem-
bled motor vehicles, waste paper, or paper waste. 
‘‘(c) ESSENTIAL TERMS.—Each service contract shall include— 
‘‘(1) the origin and destination port ranges; 
‘‘(2) the origin and destination geographic areas in the case of 
through intermodal movements; 
‘‘(3) the commodities involved; 
‘‘(4) the minimum volume or portion; 
‘‘(5) the line-haul rate; 
‘‘(6) the duration; 
‘‘(7) service commitments; and