46 CFR 532 - NVOCC Negotiated Rate Arrangements

Section 16 of the Shipping Act of 1984, 46 U.S.C. § 40103, authorizes the Federal Maritime Commission (“Commission”) to exempt by order or regulation “any class of agreements between persons subject to this [Act] or any specified activity of those persons from any requirement of this [Act] if the Commission 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 an exemption. On March 2, 2011, the Commission published a final rule promulgating 46 CFR part 532, Docket No. 10-03, Non-Vessel-Operating Common Carrier Negotiated Rate Arrangements, whereby licensed non-vessel-operating common carriers (NVOCCs) that enter into negotiated rate arrangements (NRAs) were exempted from the more stringent tariff rate publication requirements of the Shipping Act of 1984 and related provisions of the Commission’s regulations. 76 FR 11351 (Mar. 2, 2011). The Commission subsequently extended the tariff rate publication exemption contained in 46 CFR part 532 to foreign-based unlicensed NVOCCs as well. 78 FR 42886 (July 19, 2013). The exemption was conditioned upon the NVOCC including a prominent notice invoking the exemption in its electronically published rules tariff and indicating their intention to the Commission. In addition, NVOCCs must maintain original NRAs and associated records for 5 years in a format easily produced to the Commission and furnish those records promptly upon request from the Commission.

The latest form for 46 CFR 532 - NVOCC Negotiated Rate Arrangements expires 2022-04-30 and can be found here.

Modification of Tariff Invoking Exemption (combination of tariff rates and NRAs)

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