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) with the Commission by the NVOCC offering the service; publication of the essential terms of NSAs; and confidential treatment of NSAs. In addition, NVOCCs were required to maintain NSAs and associated records for five years. In 2018, the Commission provided further relief of regulatory burdens on NVOCC by removing the NSA filing requirements effective August 22, 2018. (83 FR 34780) The filing exemption is conditioned upon the licensed NVOCC including a prominent notice invoking the exemption in its electronically published rules tariff and indicating their intention to the Commission. NVOCCs must continue to maintain original NSAs and associated records for 5 years in a format easily produced to the Commission, and provide those records promptly upon request from the Commission. NVOCCs wishing to invoke the exemption must: Including the terms listed in 46 CFR 531.6(b) in their NSA; Abide by the prohibitions in 46 CFR 531.6(c); Assign a unique NSA number to each agreement (46 CFR531.6(d)); Provide electronic access to its rules tariffs to the public free of charge (46 CFR 531.4(a); Indicate their intention to invoke the exemption by including a prominent notice on its rules tariff (46 CFR 531.4(b); Maintain original NSAs, amendments, and their associated records for five years from the termination of each NSA in a format that is readily available and useable by Commission (46 CFR 531.12(a)); and Provide those records to the agency upon a written request from the Commission (46 CFR 531.12(b)).

The latest form for 46 CFR Part 531, NVOCC Service Arrangements expires 2029-02-28 and can be found here.

Recordkeeping/Auditing Requirements

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