46 U.S.C. § 40103 — Administrative exemptions

Page 292 TITLE 46—SHIPPING § 40103 for which a through rate is assessed and which is offered or performed by one or more car- riers, at least one of which is a common car- rier, between a United States port or point and a foreign port or point. (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1523; Pub. L. 115–282, title VII, § 704, Dec. 4, 2018, 132 Stat. 4294.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40102(1) ...... 46 App.:1702(1). Pub. L. 98–237, § 3, Mar. 20, 1984, 98 Stat. 67; Pub. L. 99–307, § 11, May 19, 1986, 100 Stat. 447; Pub. L. 105–258, title I, § 102, Oct. 14, 1998, 112 Stat. 1902; Pub. L. 105–383, title IV, § 424(d), Nov. 13, 1998, 112 Stat. 3441. 40102(2) ...... 46 App.:1702(2). 40102(3) ...... 46 App.:1702(3). 40102(4) ...... 46 App.:1702(4). 40102(5) ...... 46 App.:1702(6) (last sentence). 40102(6) ...... 46 App.:1702(6) (1st sentence). 40102(7) ...... 46 App.:1702(7). 40102(8) ...... 46 App.:1702(8). 40102(9) ...... 46 App.:1702(9). 40102(10) ..... 46 App.:1702(10). 40102(11) ..... 46 App.:1702(11). 40102(12) ..... 46 App.:1702(12). 40102(13) ..... 46 App.:1702(13). 40102(14) ..... 46 App.:1702(14). 40102(15) ..... 46 App.:1702(15). 40102(16) ..... 46 App.:1702(17)(B). 40102(17) ..... 46 App.:1702(16). 40102(18) ..... 46 App.:1702(17)(A). 40102(19) ..... 46 App.:1702(17) (1st sentence). 40102(20) ..... 46 App.:1702(19). 40102(21) ..... 46 App.:1702(20). 40102(22) ..... 46 App.:1702(21). 40102(23) ..... 46 App.:1702(22). 40102(24) ..... 46 App.:1702(23). 40102(25) ..... 46 App.:1702(24). In the definition of ‘‘service contract’’, the words ‘‘The contract may also specify provisions in the event of nonperformance on the part of any party’’ are omit- ted as unnecessary and inappropriate for a definition. In the definition of ‘‘shipper’’, the words ‘‘non-vessel- operating common carrier’’ are substituted for ‘‘ocean transportation intermediary, as defined in paragraph (17)(B) of this section’’ because paragraph (17)(B) con- tains a definition of ‘‘non-vessel-operating common carrier’’ which is restated as a separate definition. The definition of ‘‘Commission’’ is omitted because the full name of the Federal Maritime Commission is used the first time the Commission is referred to in each section. The definition of ‘‘person’’ is omitted as unnecessary because of 1 U.S.C. 1. The definition of ‘‘United States’’ is omitted because the term is defined in chapter 1 of the revised title for purposes of the title. Editorial Notes REFERENCES IN TEXT The Sherman Act, referred to in par. (2)(A), is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables. The Clayton Act, referred to in par. (2)(C), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified gen- erally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, Commerce and Trade, and sections 52 and 53 of Title 29, Labor. For further details and complete classifica- tion of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables. Act of June 19, 1936, referred to in par. (2)(D), is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Act, the Robinson-Patman Anti- discrimination Act, and the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15, Commerce and Trade, and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables. The Federal Trade Commission Act, referred to in par. (2)(E), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see sec- tion 58 of Title 15 and Tables. The Antitrust Civil Process Act, referred to in par. (2)(F), is Pub. L. 87–664, Sept. 19, 1962, 76 Stat. 548, which is classified principally to chapter 34 (§ 1311 et seq.) of Title 15, Commerce and Trade. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables. AMENDMENTS 2018—Pars. (5) to (26). Pub. L. 115–282 added par. (5) and redesignated former pars. (5) to (25) as (6) to (26), respectively. Statutory Notes and Related Subsidiaries AGREEMENTS UNAFFECTED Pub. L. 115–282, title VII, § 714, Dec. 4, 2018, 132 Stat. 4299, provided that: ‘‘Nothing in this Act [probably should be ‘‘this title’’, enacting section 41105A of this title, amending sections 40102, 40104, 40304, 40307, 40901, 40902, 41104, 41105, 41307, 46103, 46106, and 46108 of this title, and enacting provisions set out as notes under sections 40304, 41104, 41307, and 46105 of this title] may be construed— ‘‘(1) to limit or amend the definition of ‘agreement’ in section 40102(1) of title 46, United States Code, with respect to the exclusion of maritime labor agree- ments; or ‘‘(2) to apply to a maritime labor agreement (as de- fined in section 40102(15) of that title).’’ § 40103. Administrative exemptions (a) IN GENERAL.—The Federal Maritime Com- mission, on application or its own motion, may by order or regulation exempt for the future any class of agreements between persons subject to this part or any specified activity of those per- sons from any requirement of this part if the Commission finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce. The Commission may attach conditions to an exemption and may, by order, revoke an exemption. (b) OPPORTUNITY FOR HEARING.—An order or regulation of exemption or revocation of an ex- emption may be issued only if the Commission has provided an opportunity for a hearing to in- terested persons and departments and agencies of the United States Government. (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1527.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40103 .......... 46 App.:1715. Pub. L. 98–237, § 16, Mar. 20, 1984, 98 Stat. 84; Pub. L. 105–258, title I, § 114, Oct. 14, 1998, 112 Stat. 1912. § 40104. Reports filed with the Commission (a) REPORTS.— (1) IN GENERAL.—The Federal Maritime Com- mission may require a common carrier or ma-