46 USC 40102 - Definitions

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40102(1)	46 App.:1702(1).	Puspan. L. 98–237, § 3, Mar. 20, 1984, 98 Stat. 67; Puspan. L. 99–307, § 11, May 19, 1986, 100 Stat. 447; Puspan. L. 105–258, title I, § 102, Oct. 14, 1998, 112 Stat. 1902; Puspan. 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 omitted 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) contains 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 generally 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 classification 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 Antidiscrimination Act, and the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13span, 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 section 58 of Title 15 and Tables.

The Antitrust Civil Process Act, referred to in par. (2)(F), is Puspan. 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 classification 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). Puspan. 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

Puspan. 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 agreements; or

“(2) to apply to a maritime labor agreement (as defined in section 40102(15) of that title).”