46 U.S.C. § 40101

Purposes

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The purposes of this part are to—(1) establish a nondiscriminatory regulatory process for the common carriage of goods by water in the foreign commerce of the United States with a minimum of government intervention and regulatory costs;(2) ensure an efficient, competitive, and economical transportation system in the ocean commerce of the United States;(3) encourage the development of an economically sound and efficient liner fleet of vessels of the United States capable of meeting national security needs and supporting commerce; and(4) promote the growth and development of United States exports through a competitive and efficient system for the carriage of goods by water in the foreign commerce of the United States, and by placing a greater reliance on the marketplace.(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1523; Pub. L. 117–146, § 2, June 16, 2022, 136 Stat. 1272.)

Historical and Revision Notes
40101	46 App.:1701.	Pub. L. 98–237, § 2, Mar. 20, 1984, 98 Stat. 67; Pub. L. 105–258, title I, § 101, Oct. 14, 1998, 112 Stat. 1902.

Historical and Revision Notes

40101

46 App.:1701.

Pub. L. 98–237, § 2, Mar. 20, 1984, 98 Stat. 67; Pub. L. 105–258, title I, § 101, Oct. 14, 1998, 112 Stat. 1902.

Editorial NotesAmendments

2022—Par. (2). Pub. L. 117–146, § 2(1), added par. (2) and struck out former par. (2) which read as follows: “provide an efficient and economic transportation system in the ocean commerce of the United States that is, insofar as possible, in harmony with, and responsive to, international shipping practices;”.

Par. (3). Pub. L. 117–146, § 2(2), inserted “and supporting commerce” after “needs”.

Par. (4). Pub. L. 117–146, § 2(3), added par. (4) and struck out former par. (4) which read as follows: “promote the growth and development of United States exports through competitive and efficient ocean transportation and by placing a greater reliance on the marketplace.”

Statutory Notes and Related SubsidiariesEffects on Certain Agreements and Contracts

Pub. L. 98–237, § 20(d), Mar. 20, 1984, 98 Stat. 90; Pub. L. 105–258, title I, § 117(1), Oct. 14, 1998, 112 Stat. 1914, provided that: “All agreements, contracts, modifications, licenses, and exemptions previously issued, approved, or effective under the Shipping Act, 1916 [former 46 U.S.C. App. 801 et seq., see Disposition Table preceding section 101 of this title], or the Shipping Act of 1984 [former 46 U.S.C. App. 1701 et seq., see Disposition Table preceding section 101 of this title], shall continue in force and effect as if issued or effective under this Act, as amended by the Ocean Shipping Reform Act of 1998 [Pub. L. 105–258, Oct. 14, 1998, 112 Stat. 1902], and all new agreements, contracts, and modifications to existing, pending, or new contracts or agreements shall be considered under this Act, as amended by the Ocean Shipping Reform Act of 1998.”

Notes of Decisions

Cited in 28 cases (5 in the last 5 years), 2009–2026 · leading case: In Re Vehicle Carrier Services Antitrust Litigation

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In Re Vehicle Carrier Services Antitrust Litigation (2017) ca3 · cites it 5× “Because the ocean common carriers allegedly engaged in acts prohibited by the Shipping Act of 1984, 46 U.S.C. § 40101 et seq. (the “Shipping Act” or the “Act”), and the Act both precludes private plaintiffs from seeking relief under the federal antitrust laws for such conduct…”

Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp. (2010) scotus · cites it 4× “” 46 U. S. C. §40101 (1). B The next statute to consider is the Carmack Amend ment, §7, 34 Stat.”

Gic Services, L.L.C. v. Freightplus USA, Incorpora (2017) ca5 · cites it 2× “Under the Shipping Act of 1984, 46 U.S.C. § 40101 et seq., an NVOCC is defined as “a common carrier that (A) does not operate the vessels by which the ocean transportation is provided; and (B) is a shipper in its relationship with an ocean common carrier.”

Maher Terminals, LLC v. Port Authority of New York & New Jersey (2015) ca3 · cites it 2× “The FMC concluded that the Port Authority did not violate the Shipping Act, 46 U.S.C. § 40101 , by giving an unreasonable preference to another terminal or imposing an unreasonable prejudice on Maher based on the terms of the Lease, including the minimum Throughput Rental.”

Landstar Express America, Inc. v. Federal Maritime Commission (2009) cadc “I A Under the Shipping Act of 1984, 46 U.S.C. §§ 40101 et seq., the Federal Maritime Commission regulates ocean shipping between the United States and foreign countries.”

Arthur West v. Seattle Port Commission (2016) washctapp “To further these purposes, the Shipping Act allows the Ports to “discuss, fix, or regulate rates or other conditions of service” and “engage in exclusive, preferential, or cooperative working arrangements.” 46 U.S.C. § 40301 (b)(1), (2). ¶33 Allowing the public, including…”

MAVL Capital, Inc. v. Marine Transport Logistics, Inc. (2015) nyed · cites it 3× “§ 30701 , and the Shipping Act of 1984, 46 U.S.C. § 40101 et seq.; (2) jurisdiction under this Court’s “original jurisdiction in maritime matters,” and (3) supplemental jurisdiction over Plaintiffs’ state law claims.”

In Re M/V Rickmers Genoa Litigation (2009) nysd “The Shipping Act also provides tools to potential shippers in order to improve their bargaining position when they shop for carriers.”

Cooper/T. Smith Stevedoring Co. v. State (2012) gactapp · cites it 2× “CTS argues that any state law is preempted by the Ocean Shipping Reform Act ( 46 USC § 40101 et seq.) (“the Act”). While the Act contains no explicit preemptive language, CTS asserts that the following provisions establish both field and conflict preemption: 46 USC § 41102 (c)…”

TAG/ICIB Services, Inc. v. Sedeco Servicio De Descuento en Compras (2009) ca1 “(quoting 46 U.S.C. § 40101 ). The district court then applied a three-year limitations period on actions filed with the FMC that assert a violation of the Shipping Act of 1984.”

Mitsui O.S.K. Lines, Ltd. v. Seamaster Logistics, Inc. (2012) cand “The Shipping Act of 1984, 46 U.S.C. §§ 40101 et seq. (“Shipping Act”), regulates both vessel-operating common carriers (“VOCC”) and non-vessel-operating common carriers (“NVOCC”).”

Cooper/T. Smith Stevedoring Co. v. Georgia Ports Authority (2009) gactapp “The Tariff is also regulated by The Shipping Act of 1984 ( 46 USC § 40101 et seq.) as amended by the Ocean Shipping Reform Act of 1998.”

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