§801. Definitions

When used in this chapter:

The term "common carrier by water in interstate commerce" means a common carrier engaged in the transportation by water of passengers or property on the high seas or the Great Lakes on regular routes from port to port between one State, Territory, District, or possession of the United States and any other State, Territory, District, or possession of the United States, or between places in the same Territory, District, or possession.

The term "other person subject to this chapter" means any person not included in the term "common carrier by water in interstate commerce," carrying on the business of forwarding or furnishing wharfage, dock, warehouse, or other terminal facilities in connection with a common carrier by water in interstate commerce.

The term "person" includes corporations, partnerships, and associations, existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.

The term "vessel" includes all water craft and other artificial contrivances of whatever description and at whatever stage of construction, whether on the stocks or launched, which are used or are capable of being or are intended to be used as a means of transportation on water.

The term "documented under the laws of the United States," means "registered, enrolled, or licensed under the laws of the United States."

The term "carrying on the business of forwarding" means the dispatching of shipments by any person on behalf of others, by ocean-going common carriers in commerce between the United States and its Territories or possessions, or between such Territories and possessions, and handling the formalities incident to such shipments.

The term "maritime labor agreement" means any collective bargaining agreement between an employer subject to this chapter, or group of such employers and a labor organization representing employees in the maritime or stevedoring industry, or any agreement preparatory to such a collective bargaining agreement among members of a multiemployer bargaining group, or any agreement specifically implementing provisions of such a collective bargaining agreement or providing for the formation, financing, or administration of a multiemployer bargaining group.

(Sept. 7, 1916, ch. 451, §1, 39 Stat. 728 ; July 15, 1918, ch. 152, §1, 40 Stat. 900 ; Pub. L. 87–254, §1, Sept. 19, 1961, 75 Stat. 522 ; Pub. L. 95–483, §2, Oct. 18, 1978, 92 Stat. 1607 ; Pub. L. 96–325, §2, Aug. 8, 1980, 94 Stat. 1021 ; Pub. L. 97–35, title XVI, §1608(a), (c), Aug. 13, 1981, 95 Stat. 752 , as amended Pub. L. 98–210, §6, Dec. 6, 1983, 97 Stat. 1410 ; Pub. L. 98–237, §20(a), (b)(1), Mar. 20, 1984, 98 Stat. 89 ; Pub. L. 98–595, §3(a)(1), Oct. 30, 1984, 98 Stat. 3132 .)

Amendments

1984-Pub. L. 98–595, §3(a)(1)(C), struck out "from the United States, its Territories, or possessions to foreign countries, or" before "between the United States and" in definition of "carrying on the business or forwarding".

Pub. L. 98–595, §3(a)(1)(B), substituted "common carrier by water in interstate commerce" for "common carrier by water" in two places in definition of "other person subject to this chapter".

Pub. L. 98–595, §3(a)(1)(A), struck out definitions of "common carrier by water in foreign commerce" and "common carrier by water".

Pub. L. 98–237 struck out definitions of "controlled carrier" and "independent ocean freight forwarder".

1981-Pub. L. 97–35, §1608(a), amended generally definition of "independent ocean freight forwarder" striking out provision that the person not have any beneficial interest therein nor directly or indirectly controls or is controlled by such shipper or consignee or by any person having such a beneficial interest.

Pub. L. 97–35, §1608(c), which amended generally definition of "independent ocean freight forwarder" restoring provisions relating to persons having beneficial interests, effective after Dec. 31, 1983, was repealed by Pub. L. 98–210.

1980-Pub. L. 96–325 inserted definition of "maritime labor agreement".

1978-Pub. L. 95–483 inserted definition of "controlled carrier".

1961-Pub. L. 87–254 inserted definitions of "carrying on the business of forwarding" and "independent ocean freight forwarder".

1918-Act July 15, 1918, inserted definitions of "vessel" and "documented under the laws of the United States".

Effective and Termination Dates of 1981 Amendment

Section 1608(c) of Pub. L. 97–35 which provided in part that section 1608 [amending this section and section 841b of this Appendix and enacting provisions set out as a note under this section] shall remain in effect until Dec. 31, 1983, was repealed by Pub. L. 98–210, §6, Dec. 6, 1983, 97 Stat. 1410 , and Pub. L. 98–237, §20(a), Mar. 20, 1984, 98 Stat. 89 .

Effective Date of 1978 Amendment

Section 4 of Pub. L. 95–483 provided that: "The provisions of this Act, including the amendments made by this Act [amending this section and section 817 of this Appendix and enacting a provision set out as a note under section 842 of this Appendix], shall become effective thirty days after its date of enactment [Oct. 18, 1978]."

Repeals

For provisional repeal, see note set out preceding section 801 of this Appendix.

Section 1608 of Pub. L. 97–35, cited as a credit to this section, was repealed by section 20(a) of Pub. L. 98–237.

Savings Provision

Amendment by Pub. L. 98–237 not to affect suits filed before Mar. 20, 1984, or claims arising out of conduct engaged in before Mar. 20, 1984, and filed within 1 year after that date; and agreements, contracts, modifications, and exemptions approved or licenses issued by the Federal Maritime Commission prior to Mar. 20, 1984, to continue as if approved or issued under chapter 36 (§1701 et seq.) of this Appendix, but new agreements, contracts, and modifications to existing, pending, or new contracts or agreements to be considered under chapter 36 of this Appendix, see section 1719 of this Appendix.

Report to Congress on Enforceability and Need

Section 1608(c) of Pub. L. 97–35 in part directed Federal Maritime Commission, by June 1, 1983, to submit a report to Congress evaluating enforceability of this section [amending sections 801 and 841b of this Appendix] and describing any reasons why this section should not be made permanent law, prior to repeal by Pub. L. 98–210, §6, Dec. 6, 1983, 97 Stat. 1410 , and Pub. L. 98–237, §20(a), Mar. 20, 1984, 98 Stat. 89 .

Section Referred to in Other Sections

This section is referred to in section 888 of this Appendix.