H. R. 1442—44
‘‘40305.
Assessment agreements. 
‘‘40306.
Nondisclosure of information. 
‘‘40307.
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 condi-
tions 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 inter-
national 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 opera-
tors, 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 pre-
scribe the form and manner in which an agreement shall be filed
H. R. 1442—45
and any additional information and documents necessary to 
evaluate the agreement. 
‘‘§ 40303. Content requirements 
‘‘(a) OCEAN COMMON CARRIER AGREEMENTS.—
‘‘(1) RESTRICTIONS.—An ocean common carrier agreement 
may not—
‘‘(A) prohibit or restrict a member of the agreement 
from engaging in negotiations for a service contract with 
a shipper; 
‘‘(B) require a member of the agreement to disclose 
a negotiation on a service contract, or the terms of a 
service contract, other than those terms required to be 
published under section 40502(d) of this title; or 
‘‘(C) adopt mandatory rules or requirements affecting 
the right of an agreement member to negotiate and enter 
into a service contract. 
‘‘(2) VOLUNTARY
GUIDELINES.—An ocean common carrier 
agreement may provide authority to adopt voluntary guidelines 
relating to the terms and procedures of an agreement member’s 
service contracts if the guidelines explicitly state the right 
of members of the agreement not to follow the guidelines. 
Any guidelines adopted shall be submitted confidentially to 
the Federal Maritime Commission. 
‘‘(b) CONFERENCE AGREEMENTS.—Each conference agreement 
must—
‘‘(1) state its purpose; 
‘‘(2) provide reasonable and equal terms for admission and 
readmission to conference membership for any ocean common 
carrier willing to serve the particular trade or route; 
‘‘(3) permit any member to withdraw from conference mem-
bership on reasonable notice without penalty; 
‘‘(4) at the request of any member, require an independent 
neutral body to police fully the obligations of the conference 
and its members; 
‘‘(5) prohibit the conference from engaging in conduct 
prohibited by section 41105(1) or (3) of this title; 
‘‘(6) provide for a consultation process designed to pro-
mote—
‘‘(A) commercial resolution of disputes; and 
‘‘(B) cooperation with shippers in preventing and elimi-
nating malpractices; 
‘‘(7) establish procedures for promptly and fairly consid-
ering requests and complaints of shippers; and 
‘‘(8) provide that—
‘‘(A) any member of the conference may take inde-
pendent action 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 conference 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 con-
ference tariff provision for that rate or service item.
H. R. 1442—46
‘‘(c) INTERCONFERENCE AGREEMENTS.—Each agreement between 
carriers not members of the same conference must provide the 
right of independent 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, operator, 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 subcharters 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, oper-
ator, 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 Emer-
gency 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 rejection. 
‘‘(c) REVIEW AND EFFECTIVE DATE.—Unless rejected under sub-
section (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, which-
ever is later; or 
‘‘(2) if additional information or documents are requested 
under subsection (d)—
‘‘(A) on the 45th day after the Commission receives 
all the additional 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 submitted 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 Commis-
sion may request from the person filing the agreement any addi-
tional information and documents the Commission considers nec-
essary to make the determinations required by this section. 
‘‘(e) MODIFICATION OF REVIEW PERIOD.—
‘‘(1) SHORTENING.—On request of the party filing an agree-
ment, the Commission may shorten a period specified in sub-
section (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
H. R. 1442—47
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 effective-
ness 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 opportunity for a hearing, to 
be unjustly discriminatory or unfair as between carriers, shippers, 
or ports. The Commission shall issue its final decision in the pro-
ceeding 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 prospective 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 disclosure 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 authorized 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 
Maritime 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;