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Electronic Code of Federal Regulations

e-CFR data is current as of February 18, 2020

Title 46Chapter IVSubchapter BPart 530Subpart C → §530.12


Title 46: Shipping
PART 530—SERVICE CONTRACTS
Subpart C—Publication of Essential Terms


§530.12   Publication.

(a) Contents. All authorized persons who have a duty to file service contracts under §530.5 are also required to make available to the public, contemporaneously with the filing of each service contract 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.

(c) Location—(1) Generally. The statement of essential terms shall be published as a separate part of the individual carrier's automated tariff system.

(2) Multi-party service contracts. For service contracts in which more than one carrier participates or is eligible to participate, the statement of essential terms shall be published:

(i) If the service contract is entered into under the authority of a conference agreement, then in that conference's automated tariff system;

(ii) If the service contract is entered into under the authority of a non-conference agreement, then in each of the participating or eligible-to-participate carriers' individual automated tariff systems, clearly indicating the relevant FMC-assigned agreement number.

(d) References. The statement of essential terms shall contain a reference to the “SC Number” as described in §530.8(d)(1).

(e) Terms. (1) The publication of the statement of essential terms shall accurately reflect the terms as filed confidentially 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) Agents. Common carriers, conferences, or agreements may use agents to meet their publication requirements under this part.

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

(h) 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.

[64 FR 11206, Mar. 8, 1999, as amended at 64 FR 23793, May 4, 1999]

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