46 CFR Part 531, NVOCC Service Arrangements

Section 16 of the Shipping Act of 1984, 46 U.S.C. 40103, authorizes the Federal Maritime Commission to exempt by rule “any class of agreements between persons subject to this Act or any specified activity of those persons from any requirement of this Act if it finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce. The Commission may attach conditions to any exemption and may, by order, revoke any exemption.” The Commission added 46 CFR 531 to exempt non-vessel-operating common carriers (NVOCCs) from the more stringent tariff rate publication requirements of the Shipping Act of 1984 and related provisions of the Commission’s regulations to permit them to enter into contracts with shippers similar to ocean common carrier service contracts. 69 FR 75850 (Dec. 20, 2004). The exemption was conditioned upon the filing of NVOCC service arrangements (NSAs) by the NVOCC offering the service; publication of the essential terms of NSAs; and confidential treatment of such NSAs. In addition, NVOCCs must maintain NSAs and associated records for 5 years in a format easily produced to the Commission and produce those records promptly upon request from the Commission.

The latest form for 46 CFR Part 531, NVOCC Service Arrangements expires 2022-04-30 and can be found here.

Form FMC-78, NVOCC Service Arrangement Registration

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