---
kind: "section"
citation: "46 C.F.R. § 535.201"
title: "46"
number: "535.201"
heading: "Subject agreements."
url: "https://uscodex.org/cfr/46/535.201"
---

# §535.201. Subject agreements.

- (a) **Ocean common carrier agreements.** This part applies to agreements by or among ocean common carriers to:
  - (1) Discuss, fix, or regulate transportation rates, including through rates, cargo space accommodations, and other conditions of service;
  - (2) Pool or apportion traffic, revenues, earnings, or losses;
  - (3) Allot ports or restrict or otherwise regulate the number and character of sailings between ports;
  - (4) Limit or regulate the volume or character of cargo or passenger traffic to be carried;
  - (5) Engage in exclusive, preferential, or cooperative working arrangements among themselves or with one or more marine terminal operators;
  - (6) Control, regulate, or prevent competition in international ocean transportation; or
  - (7) **Discuss and agree on any matter related to service contracts.**
- (b) **Marine terminal operator agreements.** This part applies to agreements among marine terminal operators and among one or more marine terminal operators and one or more ocean 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 that such agreements involve ocean transportation in the foreign commerce of the United States.

## Notes

### Authority

Authority: 5 U.S.C. 553; 46 U.S.C., 40101-40104, 40301-40307, 40501-40503, 40901-40904, 41101-41109, 41301-41302, and 41305-41307, 46105.

### Source

Source: 69 FR 64414, Nov. 4, 2004, unless otherwise noted.