§ 531.3 - Definitions.

§ 531.3 Definitions.

Cross Reference

Link to an amendment published at 83 FR 34791, July 23, 2018.

When used in this part:

(a) Act means the Shipping Act of 1984 as amended by the Ocean Shipping Reform Act of 1998;

(b) Affiliate means two or more entities which are under common ownership or control by reason of being parent and subsidiary or entities associated with, under common control with, or otherwise related to each other through common stock ownership or common directors or officers.

(c) Amendment means any change to a filed an NSA which has prospective effect and which is mutually agreed upon by all parties to the NSA.

(d) Authorized person means an NVOCC or duly appointed agent who is authorized to file NSAs on behalf of the NVOCC and to publish the corresponding statement of essential terms and is registered by the Commission to file under § 531.5 and Appendix A to this part.

(e) BTA means the Commission's Bureau of Trade Analysis,

(f) BCL means the Commission's Bureau of Certification and Licensing, or its successor bureau.

(g) Cancellation means an event which is unanticipated by the NSA, in liquidated damages or otherwise, and is due to the failure of the NSA shipper to tender minimum cargo as set forth in the contract, unless such tender was made impossible by an action of the NVOCC.

(h) Commission or

or

its successor bureau.

FMC means the Federal Maritime Commission.

(

i

e) Common carrier means a person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that:

(1) Assumes responsibility for the transportation from the 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 transportation by ferry boat, ocean tramp, or chemical parcel tanker, or by a vessel when primarily engaged in the carriage of perishable agricultural commodities:

(i) If the common carrier and the owner of those commodities are wholly owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities and

(ii) Only with respect to those commodities.

(

j) Correction means any change to a filed NSA that has retroactive effect. (k)

f) Effective date means the date upon which an NSA or amendment is scheduled to go into effect by the parties to the

contract. For an original

NSA

, the effective date cannot be prior to the filing date with the Commission

.

For an NSA amendment, the effective date can be no more than thirty (30) calendar days prior to the filing date with the Commission.

An NSA or amendment

thereto

becomes effective at 12:01 a.m. Eastern Standard Time on the beginning of the effective date.

(l

The effective date cannot be prior to the date of the NSA or amendment.

(g) Expiration date means the last day after which the entire NSA is no longer in effect.

(

m) File or filing (of NSAs or amendments thereto) means the use of the Commission's electronic filing system for receipt of an NSA or an amendment thereto by the Commission, consistent with the method set forth in Appendix A of this part, and the recording of its receipt by the Commission.

(n) OIT means the Commission's Office of Information Technology, or its successor office.

(o) NSA

h) NSA shipper means a cargo owner, the person for whose account the ocean transportation is provided, the person to whom delivery is to be made, a shippers' association, or an ocean transportation intermediary, as defined in section 3(17)(B) of the Act (46 U.S.C. 40102(16)), that accepts responsibility for payment of all applicable charges under the NSA.

(

p

i) NVOCC Service Arrangement (“NSA”) means a written contract, other than a bill of lading or receipt, between one or more NSA shippers and an individual NVOCC or two or more affiliated NVOCCs, in which the NSA shipper makes a commitment to provide a certain minimum quantity or portion of its cargo or freight revenue over a fixed time period, and the NVOCC commits to a certain rate or rate schedule and a defined service level. The NSA may also specify provisions in the event of nonperformance on the part of any party.

(

q) Statement of essential terms means a concise statement of the essential terms of an NSA required to be published under this part. [69 FR 75853, Dec. 20, 2004, as amended at 70 FR 56580, Sept. 28, 2005; 74 FR 50724, Oct. 1, 2009; 82 FR 16297, Apr. 4, 2017

j) Rules tariff means a tariff or the portion of a tariff, as defined by 46 CFR 520.2, containing the terms and conditions governing the charges, classifications, rules, regulations and practices of an NVOCC, but does not include a rate.

[83 FR 34791, July 23, 2018]