H. R. 1442—48
‘‘(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 properly published tariff, rate, fare, or 
charge, or classification, rule, or regulation explanatory thereof 
implementing that agreement, modification, or cancellation. 
‘‘(b) EXCEPTIONS.—This part does not extend antitrust immu-
nity 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 portions) 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 determina-
tion 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 antitrust 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 relief 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 required 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—
H. R. 1442—49
‘‘(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 forwarder by a carrier or conference; 
‘‘(4) state separately each terminal or other charge, privi-
lege, or facility 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 affreightment, or other document evidencing the transpor-
tation 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 limitation, through appropriate access from 
remote locations. A reasonable fee may be charged for such access, 
except that no fee may be charged for access by a Federal agency. 
‘‘(d) TIME-VOLUME RATES.—A rate contained in a tariff under 
subsection (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 decreased cost to a shipper may become effective on 
publication. 
‘‘(f) MARINE TERMINAL OPERATOR SCHEDULES.—A marine ter-
minal operator may make available to the public a schedule of 
rates, regulations, and practices, including limitations of liability 
for cargo loss or damage, pertaining to receiving, delivering, han-
dling, 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 knowledge of its 
provisions. 
‘‘(g) REGULATIONS.—
‘‘(1) IN GENERAL.—The Commission shall by regulation pre-
scribe 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 terminal 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
H. R. 1442—50
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 agree-
ment shall be filed confidentially with the Federal Maritime 
Commission. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not apply to con-
tracts regarding bulk cargo, forest products, recycled metal 
scrap, new assembled 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 
‘‘(8) the liquidated damages for nonperformance, if any. 
‘‘(d) PUBLICATION OF CERTAIN TERMS.—When a service contract 
is filed confidentially with the Commission, a concise statement 
of the essential terms specified in paragraphs (1), (3), (4), and 
(6) of subsection (c) shall be published and made available to 
the general public in tariff format. 
‘‘(e) DISCLOSURE OF CERTAIN TERMS.—
‘‘(1) DEFINITIONS.—In this subsection, the terms ‘dock area’ 
and ‘within the port area’ have the same meaning and scope 
as in the applicable collective bargaining agreement between 
the requesting labor organization and the carrier. 
‘‘(2) DISCLOSURE.—An ocean common carrier that is a party 
to or is otherwise subject to a collective bargaining agreement 
with a labor organization shall, in response to a written request 
by the labor organization, state whether it is responsible for 
the following work at a dock area or within a port area in 
the United States with respect to cargo transportation under 
a service contract: 
‘‘(A) The movement of the shipper’s cargo on a dock 
area or within the port area or to or from railroad cars 
on a dock area or within the port area. 
‘‘(B) The assignment of intraport carriage of the ship-
per’s cargo between areas on a dock or within the port 
area. 
‘‘(C) The assignment of the carriage of the shipper’s 
cargo between a container yard on a dock area or within 
the port area and a rail yard adjacent to the container 
yard. 
‘‘(D) The assignment of container freight station work 
and container maintenance and repair work performed at 
a dock area or within the port area. 
‘‘(3) WITHIN REASONABLE TIME.—The common carrier shall 
provide the information described in paragraph (2) to the 
requesting labor organization within a reasonable period of 
time. 
‘‘(4) EXISTENCE OF COLLECTIVE BARGAINING AGREEMENT.—
This subsection does not require the disclosure of information
H. R. 1442—51
by an ocean common carrier unless there exists an applicable 
and otherwise lawful collective bargaining agreement per-
taining to that carrier. A disclosure by an ocean common carrier 
may not be deemed an admission or an agreement that any 
work is covered by a collective bargaining agreement. A dispute 
about whether any work is covered by a collective bargaining 
agreement and the responsibility of an ocean common carrier 
under a collective bargaining agreement shall be resolved solely 
in accordance with the dispute resolution procedures contained 
in the collective bargaining agreement and the National Labor 
Relations Act (29 U.S.C. 151 et seq.), and without reference 
to this subsection. 
‘‘(5) EFFECT UNDER OTHER LAWS.—This subsection does not 
affect the lawfulness or unlawfulness under this part or any 
other Federal or State law of any collective bargaining agree-
ment or element thereof, including any element that constitutes 
an essential term of a service contract. 
‘‘(f) REMEDY FOR BREACH.—Unless the parties agree otherwise, 
the exclusive remedy for a breach of a service contract is an action 
in an appropriate court. The contract dispute resolution forum 
may not be controlled by or in any way affiliated with a controlled 
carrier or by the government that owns or controls the carrier. 
‘‘§ 40503. Refunds and waivers 
‘‘The Federal Maritime Commission, on application of a carrier 
or shipper, may permit a common carrier or conference to refund 
a portion of the freight charges collected from a shipper, or to 
waive collection of a portion of the charges from a shipper, if—
‘‘(1) there is an error in a tariff, a failure to publish a 
new tariff, or an error in quoting a tariff, and the refund 
or waiver will not result in discrimination among shippers, 
ports, or carriers; 
‘‘(2) the common carrier or conference, before filing an 
application for authority to refund or waive any charges for 
an error in a tariff or a failure to publish a tariff, has published 
a new tariff setting forth the rate on which the refund or 
waiver would be based; and 
‘‘(3) the application for the refund or waiver is filed with 
the Commission within 180 days from the date of shipment. 
‘‘CHAPTER 407—CONTROLLED CARRIERS
‘‘Sec. 
‘‘40701.
Rates. 
‘‘40702.
Rate standards. 
‘‘40703.
Effective date of rates. 
‘‘40704.
Commission review. 
‘‘40705.
Presidential review of Commission orders. 
‘‘40706.
Exceptions.
‘‘§ 40701. Rates 
‘‘(a) IN GENERAL.—A controlled carrier may not—
‘‘(1) maintain a rate or charge in a tariff or service contract, 
or charge or assess a rate, that is below a just and reasonable 
level; or 
‘‘(2) establish, maintain, or enforce in a tariff or service 
contract a classification, rule, or regulation that results, or 
is likely to result, in the carriage or handling of cargo at 
a rate or charge that is below a just and reasonable level.