46 U.S.C. § 40102 Definitions

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 46 U.S.C. § 40102

In this part:

(1) AGREEMENT.-The term "agreement"-

(A) means a written or oral understanding, arrangement, or association, and any modification or cancellation thereof; but

(B) does not include a maritime labor agreement.

(2) ANTITRUST LAWS.-The term "antitrust laws" means-

(A) the Sherman Act ( 15 U.S.C. 1 et seq.);

(B) sections 73 and 74 of the Wilson Tariff Act ( 15 U.S.C. 8, 9 );

(C) the Clayton Act ( 15 U.S.C. 12 et seq.);

(D) the Act of June 19, 1936 ( 15 U.S.C. 13, 13a, 13b, 21a );

(E) the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.);

(F) the Antitrust Civil Process Act ( 15 U.S.C. 1311 et seq.); and

(G) Acts supplementary to those Acts.

(3) ASSESSMENT AGREEMENT.-The term "assessment agreement" means an agreement, whether part of a collective bargaining agreement or negotiated separately, to the extent the agreement provides for the funding of collectively bargained fringe-benefit obligations on other than a uniform worker-hour basis, regardless of the cargo handled or type of vessel or equipment used.

(4) BULK CARGO.-The term "bulk cargo" means cargo that is loaded and carried in bulk without mark or count.

(5) CERTAIN COVERED SERVICES.-For purposes of sections 41105 and 41307, the term "certain covered services" means, with respect to a vessel-

(A) the berthing or bunkering of the vessel;

(B) the loading or unloading of cargo to or from the vessel to or from a point on a wharf or terminal;

(C) the positioning, removal, or replacement of buoys related to the movement of the vessel; and

(D) with respect to injunctive relief under section 41307, towing vessel services provided to such a vessel.

(6) CHEMICAL PARCEL-TANKER.-The term "chemical parcel-tanker" means a vessel that has-

(A) a cargo-carrying capability consisting of individual cargo tanks for bulk chemicals that-

(i) are a permanent part of the vessel; and

(ii) have segregation capability with piping systems to permit simultaneous carriage of several bulk chemical cargoes with minimum risk of cross-contamination; and

(B) a valid certificate of fitness under the International Maritime Organization Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk.

(7) COMMON CARRIER.-The term "common carrier"-

(A) means a person that-

(i) holds itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation;

(ii) assumes responsibility for the transportation from the port or point of receipt to the port or point of destination; and

(iii) uses, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country; but

(B) does not include a carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker, or by vessel when primarily engaged in the carriage of perishable agricultural commodities-

(i) if the carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities; and