‘‘(7) establish procedures for promptly and fairly considering re-
quests and complaints of shippers; and 
‘‘(8) provide that— 
‘‘(A) any member of the conference may take independent ac-
tion on a rate or service item on not more than 5 days’ notice to 
the conference; and 
‘‘(B) except for an exempt commodity not published in the con-
ference tariff, the conference will include the new rate or service 
item in its tariff for use by that member, effective no later than 
5 days after receipt of the notice, and by any other member that 
notifies the conference that it elects to adopt the independent rate 
or service item on or after its effective date, in lieu of the existing 
conference tariff provision for that rate or service item. 
‘‘(c) INTERCONFERENCE AGREEMENTS.—Each agreement between car-
riers not members of the same conference must provide the right of inde-
pendent action for each carrier. Each agreement between conferences must 
provide the right of independent action for each conference. 
‘‘(d) VESSEL SHARING AGREEMENTS.— 
‘‘(1) IN GENERAL.—An ocean common carrier that is the owner, op-
erator, or bareboat, time, or slot charterer of a liner vessel documented 
under section 12103 or 12111(c) of this title may agree with an ocean 
common carrier described in paragraph (2) to which it charters or sub-
charters the vessel or space on the vessel that the charterer or 
subcharterer may not use or make available space on the vessel for the 
carriage of cargo reserved by law for vessels of the United States. 
‘‘(2) CARRIER DESCRIBED.—An ocean common carrier described in 
this paragraph is one that is not the owner, operator, or bareboat 
charterer for at least one year of liner vessels of the United States that 
are eligible to be included in the Maritime Security Fleet Program and 
are enrolled in an Emergency Preparedness Program under chapter 
531 of this title. 
‘‘§ 40304. Commission action 
‘‘(a) NOTICE OF FILING.—Within 7 days after an agreement is filed, the 
Federal Maritime Commission shall transmit a notice of the filing to the 
Federal Register for publication. 
‘‘(b) PRELIMINARY REVIEW AND REJECTION.—After preliminary review, 
the Commission shall reject an agreement that it finds does not meet the 
requirements of sections 40302 and 40303 of this title. The Commission 
shall notify in writing the person filing the agreement of the reason for re-
jection. 
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‘‘(c) REVIEW AND EFFECTIVE DATE.—Unless rejected under subsection 
(b), an agreement (other than an assessment agreement) is effective— 
‘‘(1) on the 45th day after filing, or on the 30th day after notice 
of the filing is published in the Federal Register, whichever is later; 
or 
‘‘(2) if additional information or documents are requested under sub-
section (d)— 
‘‘(A) on the 45th day after the Commission receives all the addi-
tional information and documents; or 
‘‘(B) if the request is not fully complied with, on the 45th day 
after the Commission receives the information and documents sub-
mitted and a statement of the reasons for noncompliance with the 
request. 
‘‘(d) REQUEST FOR ADDITIONAL INFORMATION.—Before the expiration of 
the period specified in subsection (c)(1), the Commission may request from 
the person filing the agreement any additional information and documents 
the Commission considers necessary to make the determinations required by 
this section. 
‘‘(e) MODIFICATION OF REVIEW PERIOD.— 
‘‘(1) SHORTENING.—On request of the party filing an agreement, 
the Commission may shorten a period specified in subsection (c), but 
not to a date that is less than 14 days after notice of the filing of the 
agreement is published in the Federal Register. 
‘‘(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 
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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. 
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‘‘(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; 
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