cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
15 rows where part_number = 520 and title_number = 46 sorted by section_id
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Suggested facets: amendment_citations
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 46:46:9.0.1.2.11.0.1.1 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.1 Scope and purpose. | FMC | [64 FR 11225, Mar. 8, 1999, as amended at 74 FR 50721, Oct. 1, 2009; 89 FR 29, Jan. 2, 2024] | (a) Scope. The regulations of this part govern the publication of tariffs in automated systems by common carriers and conferences in the waterborne foreign commerce of the United States. They cover the transportation of property by such carriers, including through transportation with inland carriers. They implement the tariff publication requirements of 46 U.S.C. 40501-40503. (b) Purpose. The requirements of this part are intended to permit: (1) Shippers and other members of the public to obtain reliable and useful information concerning the rates and charges that will be assessed by common carriers and conferences for their transportation services; (2) Carriers and conferences to meet their publication requirements pursuant to 46 U.S.C. 40501-40503; (3) The Commission to ensure that carrier tariff publications are accurate and accessible and to protect the public from violations by carriers of 46 U.S.C. 41101-41106; and (4) The Commission to review and monitor the activities of controlled carriers pursuant to 46 U.S.C. 40701-40706. | |||||
| 46:46:9.0.1.2.11.0.1.10 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.10 Integrity of tariffs. | FMC | [64 FR 11225, Mar. 8, 1999, as amended at 89 FR 32, Jan. 2, 2024] | (a) Historical data. Carriers and conferences must keep the data that appeared in their tariff publication systems for a period of 5 years from the date such information is superseded, canceled, or withdrawn, and must provide online access to such data for 2 years. After 2 years, such data must be retained online or in other electronic form and must be made available to any person or the Commission upon request within 45 days, unless otherwise agreed. Carriers and conferences may charge a reasonable fee for the provision of historical data, not to exceed the fees for obtaining such data online. Carriers and conferences must not charge a fee to the Commission or any other Federal agency. (b) Access date capability. Each tariff must provide the capability for a retriever to enter an access date, i.e., a specific date for the retrieval of tariff data, so that only data in effect on that date would be directly retrievable. This capability would also align any rate adjustments and assessorial charges that were effective on the access date for rate calculations and designation of applicable surcharges. The access date also applies to the alignment of tariff objects for any governing tariffs. (c) Periodic review. The Commission will periodically review published tariff systems and will prohibit the use of any system that fails to meet the requirements of this part. (d) Access to systems. Carriers and conferences must provide the Commission reasonable access to their automated systems and records for the Commission's review. | |||||
| 46:46:9.0.1.2.11.0.1.11 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.11 Non-vessel-operating common carriers. | FMC | [89 FR 32, Jan. 2, 2024] | (a) Financial responsibility. An ocean transportation intermediary that operates as a non-vessel-operating common carrier must state in its tariff publication: (1) That it has furnished the Commission proof of its financial responsibility in the manner and amount required by part 515 of this chapter; (2) The manner of its financial responsibility; (3) Whether it is relying on coverage provided by a group or association to which it is a member; (4) The name and address of the surety company, insurance company, or guarantor issuing the bond, insurance policy, or guaranty; (5) The number of its bond, insurance policy, or guaranty; and (6) Where applicable, the name and address of the group or association providing coverage. (b) Agent for service. Every NVOCC not in the United States must state the name and address of the person in the United States designated under part 515 of this chapter as its legal agent for service of process, including subpoenas. The NVOCC must also state that in any instance in which the designated legal agent cannot be served because of death, disability, or unavailability, the Commission's Secretary will be deemed to be its legal agent for service of process. (c) Co-loading. NVOCCs must address the following situations in their tariffs: (1) If two or more NVOCCs enter into an agreement which establishes a carrier-to-carrier relationship for the co-loading of cargo, then the existence of such agreement must be noted in the tariff. Carrier-to-carrier relationships apply to the co-loading of less than container loads of cargo only. (2) If two NVOCCs enter into a co-loading arrangement which results in a shipper-to-carrier relationship, the tendering NVOCC must describe its co-loading practices and specify its responsibility to pay any charges for the transportation of the cargo. A shipper-to-carrier relationship is presumed to exist where the receiving NVOCC issues a bill of lading to the tendering NVOCC for carriage of the co-loaded cargo. Shipper-to-carrier relationships may … | |||||
| 46:46:9.0.1.2.11.0.1.12 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.12 Time/Volume rates. | FMC | [64 FR 11225, Mar. 8, 1999, as amended at 89 FR 33, Jan. 2, 2024] | (a) General. Common carriers or conferences must publish in their tariffs rates that are conditioned upon the receipt of a specified aggregate volume of cargo or aggregate freight revenue over a specified period of time. (b) Publication requirements. (1) All rates, charges, classifications rules and practices concerning time/volume rates must be set forth in the carrier's or conference's tariff. (2) The tariff must identify: (i) The shipment records that will be maintained to support the rate; and (ii) The method to be used by shippers giving notice of their intention to use a time/volume rate prior to tendering any shipments under the time/volume arrangement. (c) Accepted rates. Once a time/volume rate is accepted by one shipper, it will remain in effect for the time specified, without amendment. If no shipper gives notice within 30 days of publication, a common carrier or conference may cancel the time/volume rate. (d) Records. Shipper notices and shipment records supporting a time/volume rate must be maintained by the offering carrier or conference for at least 5 years after a shipper's use of a time/volume rate has ended. (e) Liquidated damages. Time/volume rates must not impose or attempt to impose liquidated damages on any shipper that moves cargo under the rate. Carriers and agreements must rerate cargo moved at the applicable tariff rate if a shipper fails to meet the requirements of the time/volume offer. | |||||
| 46:46:9.0.1.2.11.0.1.13 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.13 Exemptions and exceptions. | FMC | [64 FR 11225, Mar. 8, 1999, as amended at 74 FR 50722, Oct. 1, 2009; 76 FR 11360, Mar. 2, 2011; 78 FR 42888, July 18, 2013; 89 FR 33, Jan. 2, 2024] | (a) General. Exemptions from the requirements of this part are governed by 46 U.S.C. 40103 and § 502.92 of this chapter. (b) Services. The following services are exempt from the requirements of this part: (1) Equipment interchange agreements. Equipment-interchange agreements between common carriers subject to this part and inland carriers, where such agreements are not referred to in the carriers' tariffs and do not affect the tariff rates, charges or practices of the carriers. (2) Controlled carriers in foreign commerce. A controlled common carrier is exempt from the provisions of this part exclusively applicable to controlled carriers when: (i) The vessels of the controlling state are entitled by a treaty of the United States to receive national or most-favored-nation treatment; or (ii) The controlled carrier operates in a trade served exclusively by controlled carriers. (3) Terminal barge operators in Pacific Slope states. Transportation provided by terminal barge operators in Pacific Slope states barging containers and containerized cargo by barge between points in the United States are exempt from the tariff publication requirements of subtitle IV of title 46 of the United States Code and the rules of this part, where: (i) The cargo is moving between a point in a foreign country or a non-contiguous State, territory, or possession and a point in the United States; (ii) The transportation by barge between points in the United States is furnished by a terminal operator as a service substitute in lieu of a direct vessel call by the common carrier by water transporting the containers or containerized cargo under a through bill of lading; and (iii) Such terminal operator is a Pacific Slope state, municipality, or other public body or agency subject to the jurisdiction of the Commission, and the only one furnishing the particular circumscribed barge service in question as of January 2, 1975. (c) Cargo types. The following cargo types are not subject to the requirements of this part: (1) Bulk… | |||||
| 46:46:9.0.1.2.11.0.1.14 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.14 Special permission. | FMC | [64 FR 11225, Mar. 8, 1999, as amended at 67 FR 39860, June 11, 2002; 70 FR 10330, Mar. 3, 2005; 74 FR 50722, Oct. 1, 2009; 81 FR 59144, Aug. 29, 2016; 83 FR 50294, Oct. 5, 2018; 85 FR 72578, Nov. 13, 2020; 88 FR 16898, Mar. 21, 2023; 89 FR 33, Jan. 2, 2024] | (a) General. The statute at 46 U.S.C. 40501(e) authorizes the Commission, in its discretion and for good cause shown, to permit increases or decreases in rates, or the issuance of new or initial rates, on less than the statutory notice. The statutes at 46 U.S.C. 40703 and 40704(a) authorize the Commission to permit a controlled carrier's rates, charges, classifications, rules or regulations to become effective on less than 30 days' notice. The Commission may also in its discretion and for good cause shown, permit departures from the requirements of this part. (b) Clerical errors. Typographical and/or clerical errors constitute good cause for the exercise of special permission authority. Every special permission application must plainly specify the error and present clear evidence of its existence. The special permission application must also include a full statement of the attending circumstances. The special permission application must be submitted with reasonable promptness after publishing the defective tariff material. (c) Application. (1) Applications for special permission to establish rate increases or decreases on less than statutory notice or for waiver of the provisions of this part must be made by the common carrier, conference, or agent for publishing. Every such application must be submitted to the Bureau of Trade Analysis and be accompanied by a filing fee of $313. (2) Applications for special permission must be made by letter, submitted via mail or email, followed promptly by electronic payment of the filing fee. (3) Applications for special permission must contain the following information: (i) Organization name, number and trade name of the conference or carrier; (ii) Tariff number and title; (iii) The rate, commodity, or rules related to the application, and the special circumstances which the applicant believes constitute good cause to depart from the requirements of this part or to warrant a tariff change upon less than the statutory notice period; and (iv) A statement that ident… | |||||
| 46:46:9.0.1.2.11.0.1.15 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.91 OMB control number assigned pursuant to the Paperwork Reduction Act. | FMC | The Commission has received OMB approval for this collection of information pursuant to the Paperwork Reduction Act of 1995, as amended. In accordance with the Act, agencies are required to display a currently valid control number. The valid control number for this collection of information is 3072-0064. | ||||||
| 46:46:9.0.1.2.11.0.1.2 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.2 Definitions. | FMC | [64 FR 11225, Mar. 8, 1999, as amended at 64 FR 23022, Apr. 29, 1999; 65 FR 26512, May 8, 2000; 67 FR 39860, June 11, 2002; 89 FR 29, Jan. 2, 2024] | The following definitions apply to this part: Amendment means any change, alteration, correction or modification of an existing tariff. Assessorial charge means the amount that is added to the basic ocean freight rate. BTA means the Commission's Bureau of Trade Analysis or its successor bureau. Bulk cargo means cargo that is loaded and carried in bulk without mark or count in a loose unpackaged form, having homogeneous characteristics. Bulk containerized cargo tendered by the shipper is subject to mark and count and is, therefore, subject to the requirements of this part. Co-loading means the combining of cargo by two or more NVOCCs for tendering to an ocean common carrier under the name of one or more of the NVOCCs. Combination rate means a rate for a shipment moving under intermodal transportation which is computed by the addition of a tariff rate item (“TRI”) and an inland rate applicable from/to inland points not covered by the TRI. Commission means the Federal Maritime Commission. Commodity description means a comprehensive description of a commodity listed in a tariff, including a brief definition of the commodity, that may be identified by a specific number. Commodity index means an index of the commodity descriptions contained in a tariff. Commodity rate means a rate for shipping to or from specific locations a commodity or commodities specifically named or described in the tariff in which the rate or rates are published. Common carrier means a person holding itself out to the general public to provide transportation by water of cargo between the United States and a foreign country for compensation that: (1) Assumes responsibility for the transportation from port or point of receipt to the port or point of destination; and (2) Utilizes, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportatio… | |||||
| 46:46:9.0.1.2.11.0.1.3 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.3 Publication responsibilities. | FMC | [89 FR 30, Jan. 2, 2024] | (a) General. Unless otherwise exempted or excepted by § 520.13, all common carriers and conferences must keep open for public inspection in automated tariff systems tariffs showing all rates, charges, classifications, rules, and practices between all points or ports on their own routes and on any through transportation route that has been established. (b) Conferences. Conferences must publish in their automated tariff systems rates offered pursuant to independent action by their members and may publish any open rates offered by their members. Alternatively, open rates may be published in individual tariffs of conference members. (c) Publishers. Common carriers or conferences can use publishers to meet their publication requirements under this part. (d) Notification. (1) Prior to the commencement of common carrier service pursuant to a published tariff, each common carrier and conference must electronically submit to BTA Form FMC-1 via the Commission's website www.fmc.gov. (2) The common carrier and conference must include on Form FMC-1 its organization name, organization number, home office address, name and email address and telephone number of the firm's representative, the location of its tariffs, and the publisher, if any, used to maintain its tariffs. (3) Any changes to the above information must be transmitted to BTA within 30 calendar days. (4) The Commission will provide a unique organization number to new entities operating as common carriers or conferences in the U.S. foreign commerce. (e) Location of tariffs. The Commission will publish on its website, www.fmc.gov, a list of the locations of all common carrier and conference tariffs. (f) NVOCC failure to maintain tariff. Failure to maintain a tariff will result in revocation of an NVOCC's license or suspension of a foreign-based unlicensed NVOCC's registration. | |||||
| 46:46:9.0.1.2.11.0.1.4 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.4 Tariff contents. | FMC | [64 FR 11225, Mar. 8, 1999, as amended at 74 FR 50722, Oct. 1, 2009; 89 FR 31, Jan. 2, 2024] | (a) General. Tariffs published pursuant to this part must: (1) State the places between which cargo will be carried; (2) List each classification of cargo in use; (3) State the level of compensation, if any, to be paid by a carrier or conference to an ocean freight forwarder, as defined by 46 U.S.C. 40102(19); (4) State separately each terminal or other charge, privilege, or facility under the control of the carrier or conference and any rules that in any way change, affect, or determine any part or the total of the rates or charges; (5) Include sample copies of any bill of lading showing legible terms and conditions, contract of affreightment, and/or other document evidencing the transportation agreement; (6) Include copies of any loyalty contract, omitting the shipper's name; (7) Contain an organization record, tariff record, and tariff rules; and (8) For commodity tariffs, also contain a retrievable commodity index, commodity descriptions, and tariff rate items. (b) Organization record. Common carriers' and conferences' organization records must include: (1) Organization name; (2) Organization number assigned by the Commission; (3) Agreement number, where applicable; (4) Organization type (e.g., ocean common carrier (VOCC), conference (CONF), non-vessel-operating common carrier (NVOCC) or agent); (5) Home office address and telephone number of firm's representative; (6) Names and organization numbers of all affiliates to conferences or agreements, including trade names; and (7) The publisher, if any, used to maintain the organization's tariffs. (c) Tariff record. The tariff record for each tariff must include: (1) Organization number and name, including any trade name; (2) Tariff number; (3) Tariff title; (4) Tariff type ( e.g., commodity, rules, equipment interchange, or bill of lading); (5) Contact person and address; (6) Default measurement and currency units; (7) Origination and destination scope; and (8) A statement certifying that all information contained in the tariff is… | |||||
| 46:46:9.0.1.2.11.0.1.5 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.5 Standard tariff terminology. | FMC | [89 FR 31, Jan. 2, 2024] | (a) Approved codes. The Standard Terminology Appendix contains codes for rate bases, container sizes, service, etc., and units for weight, measure and distance. They are intended to provide a standard terminology baseline for tariffs to facilitate retriever efficiency. Tariff publishers can use additional codes, if they are clearly defined in their tariffs. (b) Geographic names. Tariffs should employ locations (points) that are provided by the National Geospatial-Intelligence Agency or the Geographic Names Information System developed by the U.S. Geological Survey. Ports published or approved for publication in the World Port Index (Pub. 150) should also be used in tariffs. Tariff publishers can use geographic names that are currently in use and have not yet been included in these publications. | |||||
| 46:46:9.0.1.2.11.0.1.6 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.6 Retrieval of information. | FMC | [64 FR 11225, Mar. 8, 1999, as amended at 89 FR 31, Jan. 2, 2024] | (a) General. Tariffs systems must present retrievers with the ability to: (1) Search for commonly understood tariff objects ( e.g., commodities, origins, destinations, etc.) without restricting such search to a specific tariff; (2) Search a tariff for a rate on the basis of origin, destination and commodity; (3) Employ a tariff selection option; or (4) Select an object group ( e.g., rules, locations, groups, etc.) within a particular tariff. (b) Search capability. Publisher must provide the capability to search for tariff matter by non-case sensitive text search. Text search matches for commodity descriptions must result in a commodity or retrievable commodity index list. (c) Commodities and TRIs. Retriever selection of a specific commodity from a commodity index list must display the commodity description and provide an option for searching for a rate ( e.g., on the basis of origin/destination) or a TRI list, if multiple TRIs are in effect for the commodity. (d) Object groups. Retriever selection of a specific object group must result in a list of the objects within the group or present a text search mechanism to allow location of an object within the group. For example, selection of the rules object group would present a list of the rules or a text search mechanism for locating specific terms or phrases within the rules. (e) Basic ocean freight. The minimum rate display for tariffs must consist of the basic ocean freight rate and a list of all assessorial charges and surcharges that apply for the retriever-entered shipment parameters. The tariff must indicate when other rules or charges apply to a shipment under certain circumstances. (f) Displays. All displays of individual tariff matter must include the publication date, effective date, amendment code (use codes in appendix A to this part), and object name or number. When applicable, a through date or expiration date must also be displayed. Use of “S” as an amendment code must be accompanied by a Commission issued special permission nu… | |||||
| 46:46:9.0.1.2.11.0.1.7 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.7 Tariff limitations. | FMC | [64 FR 11225, Mar. 8, 1999, as amended at 67 FR 39860, June 11, 2002; 89 FR 31, Jan. 2, 2024] | (a) General. Tariffs published pursuant to this part must: (1) Be clear and definite; (2) Use English as the primary textual language; (3) Not contain cross-references to any other rate tariffs, except: (i) A tariff of general applicability maintained by that same carrier or conference; (ii) The individual tariffs of members of a non-conference agreement to enter into time/volume rates can cross-reference the tariffs of other members for purposes of said time/volume rates; (iii) Multiple common tariffs of a conference agreement to enter into time/volume rates can cross-reference their own multiple conference tariffs for purposes of said time/volume rates; and (iv) An NVOCC may cross-reference an ocean common carrier tariff for the purpose of charging its shipper the ocean common carrier's published and effective surcharges, assessorial charges, and general rate increases, but the NVOCC must clearly list the named charges or categories of charges in the NVOCC's tariff, and must not mark them up above cost. Any fee associated with services provided by the NVOCC to its shipper should be separate and distinguished from the vessel-operating common carrier's surcharges, assessorial charges, and general rate increases, and specify the service for which the shipper is being charged. (4) Not duplicate or conflict with any other tariff publication. (b) Notice of cancellation. Carriers and conferences must inform BTA, in writing, whenever a tariff is canceled and the effective date of that cancellation. (c) Applicable rates. The rates, charges, and rules applicable to any given shipment must be those in effect on the date the cargo is received by the common carrier or its agent including originating carriers in the case of rates for through transportation. (d) Minimum quantity rates. When two or more TRIs are stated for the same commodity over the same route and under similar conditions, and the application is dependent upon the quantity of the commodity shipped, the total freight charges assessed against… | |||||
| 46:46:9.0.1.2.11.0.1.8 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.8 Effective dates. | FMC | [64 FR 11225, Mar. 8, 1999, as amended at 89 FR 32, Jan. 2, 2024] | (a) General. (1) No new or initial rate, charge, or change in an existing rate, that results in an increased cost to a shipper may become effective earlier than thirty (30) calendar days after publication. (2) An amendment which deletes a specific commodity and applicable rate from a tariff, thereby resulting in a higher “cargo n.o.s.” or similar general cargo rate, is a rate increase requiring a 30-day notice period. (3) Rates for the transportation of cargo for the U.S. Department of Defense may be effective upon publication. (4) Changes in rates, charges, rules, regulations or other tariff provisions resulting in a decrease in cost to a shipper may become effective upon publication. (b) Amendments. The following amendments may take effect upon publication: (1) Those resulting in no change in cost to a shipper; (2) The canceling of a tariff due to cessation of all service by the carrier between the ports or points covered by the tariff; (3) The addition of a port or point to a previously existing origin or destination scope; or (4) Changes in charges which are not under the control of the common carrier or conference (including terminal services, canal tolls, additional charges, or other provisions) for which the carrier or conference merely acts as a collection agent for such charges and the agency making such changes does so without notifying the common carrier or conference. Ocean common carriers and NVOCCs must not mark up these charges above cost. (c) Controlled carriers. Published rates by or for controlled carriers are governed by the procedures set forth in part 565 of this chapter. | |||||
| 46:46:9.0.1.2.11.0.1.9 | 46 | Shipping | IV | B | 520 | PART 520—CARRIER AUTOMATED TARIFFS | § 520.9 Access to tariffs. | FMC | [89 FR 32, Jan. 2, 2024] | (a) Methods to access. Carriers and conferences must provide access to their published tariffs via the internet. (b) Internet connection. (1) The internet connection requires that systems provide a uniform resource locator (“URL”) internet address. (2) Carriers or conferences must ensure that their internet service providers provide static internet addresses. (c) Tariff availability. (1) Tariffs must be made available to any person without time, quantity, or other limitations. (2) Carriers and conferences must provide free access to their tariff publication system. (3) Tariff publication systems must provide user instructions for access to tariff information. (d) Federal agencies. Carriers and conferences must not assess any access charges against the Commission or any other Federal agency. (e) User identifications. Carriers and conferences must provide the Commission with the requisite documentation and the number of user identifications and passwords required to facilitate the Commission's access to their systems, if those systems require such identifications and passwords. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);