§ 531.9 - Publication.


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  • § 531.9 Publication.

    (a) Contents. All authorized persons who choose to file NSAs under this part are also required to make available to the public, contemporaneously with the filing of each NSA with the Commission, and in tariff format, a concise statement of the following essential terms:

    (1) The port ranges:

    (i) origin; and

    (ii) destination;

    (2) The commodity or commodities involved;

    (3) The minimum volume or portion; and

    (4) The duration.

    (b) Certainty of terms. The terms described in paragraph (a) of this section may not:

    (1) Be uncertain, vague or ambiguous; or

    (2) Make reference to terms not explicitly detailed in the statement of essential terms, unless those terms are contained in a publication widely available to the public and well known within the industry. Reference may not be made to a tariff of a common carrier other than the NVOCC party to the NSA.

    (c) Location. The statement of essential terms shall be published as a separate part of the individual NVOCC's automated tariff system.

    (d) References. The statement of essential terms shall contain a reference to the “NSA Number” as described in § 531.6(e)(1).

    (e) Terms.

    (1) The publication of the statement of essential terms shall accurately reflect the terms as filed with the Commission.

    (2) If any of the published essential terms include information not required to be filed with the Commission but filed voluntarily, the statement of essential terms shall so note.

    (f) Commission listing. The Commission will publish on its website, www.fmc.gov, a listing of the locations of all NSA essential terms publications.

    (g) Updating statements of essential terms. To ensure that the information contained in a published statement of essential terms is current and accurate, the statement of essential terms publication shall include a prominent notice indicating the date of its most recent publication or revision. When the published statement of essential terms is affected by filed amendments, corrections, or cancellations, the current terms shall be changed and published as soon as possible in the relevant statement of essential terms.