46 U.S.C. § 40101
Section 40101 · Purposes
Amended 2 times on record
Applied in 15 court decisions — leading case Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp. (2010)
Most recently applied in MSC Mediterranean Shipping Company S.A. v. FMC (June 2025)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The purposes of this part are to—
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;
ensure an efficient, competitive, and economical transportation system in the ocean commerce of the United States;
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
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
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 Notes
Amendments
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 Subsidiaries
Effects 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.”