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FMC Reviewing Information Collections on Automated Tariffs, Service Contracts, Etc.

Wednesday, June 18, 2014
Sandler, Travis & Rosenberg Trade Report

The Federal Maritime Commission is soliciting comments through Aug. 20 on the proposed extension without change of the following information collections.

Controlled Carriers – When a government acquires a controlling interest in an ocean common carrier, or when a controlled carrier newly enters a U.S. trade, the carrier must notify the FMC. The Commission uses these notifications to determine whether the carrier is a controlled carrier and therefore subject to the requirements of section 9 of the Shipping Act of 1984.

Marine Terminal Operator Schedules – The FMC uses information obtained from form FMC-1 to determine the organization name and number, home office address, name and telephone number of the firm’s representatives and the location of any schedules of rates, regulations and practices that an MTO makes available to the public pertaining to receiving, delivering, handling or storing property at their terminals.

Carrier Automated Tariffs – Except with respect to certain specified commodities, each common carrier and conference must keep open to public inspection, in an automated tariff system, tariffs showing its rates, charges, classifications, rules and practices between all ports and points on its own route and on any through transportation route that has been established. In addition, individual carriers or agreements among carriers are required to make available in tariff format certain enumerated essential terms of their service contracts. The FMC uses information obtained from form FMC-1 to ascertain the location of common carrier and conference tariff publications and to access their provisions.

Service Contracts – Service contracts, except those dealing with bulk cargo, forest products, recycled metal scrap, new assembled motor vehicles, waste paper or paper waste, and their related amendments and notices must be filed confidentially with the FMC. The Commission monitors service contract filings for acts prohibited by the Shipping Act of 1984.

NVOCC Service Arrangements – Non-vessel-operating common carriers and shippers’ associations with NVOCC members may act as shipper parties in NVOCC service arrangements and be exempt from certain tariff publication requirements provided that the carriage in question is done pursuant to an NSA filed with the FMC and that the essential terms are published in the NVOCC’s tariff. The Commission uses filed NSAs and associated data for monitoring and investigatory purposes and, in its proceedings, to adjudicate related issues raised by private parties.

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