Ocean Common Carrier Service Contracts

Designation evidence

• NARA authority row: 46 USC 40502(b) | status: Basic | banner: CUI.
• DoD authority row: 46 USC 40502(b). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
• Related authority evidence: 46 USC 40502(b) | status: Basic | banner: CUI
• Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
• Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
• Registry designation for this category is Basic with banner CUI.

Extracted authority meaning

• Page 261 TITLE 46—SHIPPING § 40502
• Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.

Operating conditions

• NARA category scope used with this authority: Relating to an agreement for the provision of services filed with the Federal Maritime Commission as referenced in 46 USC 40502(b), 46 CFR 530.4, and/or 46 CFR 531.4(a).
• DoD category scope used with this authority: Relating to an agreement for the provision of services filed with the Federal Maritime Commission.
• 46 USC 40502(b) | status: Basic | banner: CUI
• DoD lists this authority for the category; the linked authority text is extracted below when available.
• NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Relating to an agreement for the provision of services filed with the Federal Maritime Commission as referenced in 46 USC 40502(b), 46 CFR 530.4, and/or 46 CFR 531.4(a).
• DoD category scope: Relating to an agreement for the provision of services filed with the Federal Maritime Commission.
• Extracted authority condition: (4) E XISTENCE OF COLLECTIVE BARGAINING AGREEMENT.—This subsection does not require the disclosure of information by an ocean common carrier unless there exists an applica- ble and otherwise lawful collective bargaining agreement pertaining to that carrier.
• Extracted authority condition: A disclo- sure by an ocean common carrier may not be deemed an admission or an agreement that any work is covered by a collective bargaining agreement.
• Extracted authority condition: In subsection (b)(3), the words ‘‘ocean freight for- warder’’ are substituted for ‘‘ocean transportation intermediary, as defined in section 1702(17)(A) of this Appendix’’ because the definition of ‘‘ocean transpor- tation intermediary’’ in section 1702(17)(A) contains a definition of ‘‘ocean freight forwarder’’ which is re- stated as a separate definition.
• Extracted authority condition: (3) W ITHIN REASONABLE TIME.—The common carrier shall provide the information described in paragraph (2) to the requesting labor orga- nization within a reasonable period of time.

Safeguarding and dissemination controls

• NARA registry control evidence: status Basic; banner marking CUI.
• Nara basic or specified: Basic
• Nara authority rows: 46 USC 40502(b) | status: Basic | banner: CUI || 46 CFR 530.4 | status: Basic | banner: CUI || 46 CFR 531.4(a) | status: Basic | banner: CUI
• Nara banner markings: CUI
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
• Extracted authority control: (b) F ILINGREQUIREMENTS.— (1) I N GENERAL.—Each service contract en- tered into under this section by an individual ocean common carrier or an agreement shall be filed confidentially with the Federal Mari- time Commission.
• Extracted authority control: (d) P UBLICATION OFCERTAINTERMS.—When a service contract is filed confidentially with the Commission, a concise statement of the essen- tial terms specified in paragraphs (1), (3), (4), and (6) of subsection (c) shall be published and made available to the general public in tariff format.
• Extracted authority control: A reasonable fee may be charged for such access, except that no fee may be charged for access by a Federal agency.
• Extracted authority control: (2) R EMOTE TERMINALS.—The Commission may not require a common carrier to provide a remote terminal for electronic access under subsection (c).
• Extracted authority control: (c) E LECTRONICACCESS.—A tariff under sub- section (a) shall be made available electroni- cally to any person, without time, quantity, or other limitation, through appropriate access from remote locations.
• Extracted authority control: In subsection (b)(3), the words ‘‘ocean freight for- warder’’ are substituted for ‘‘ocean transportation intermediary, as defined in section 1702(17)(A) of this Appendix’’ because the definition of ‘‘ocean transpor- tation intermediary’’ in section 1702(17)(A) contains a definition of ‘‘ocean freight forwarder’’ which is re- stated as a separate definition.

Designation evidence

• NARA authority row: 46 CFR 530.4 | status: Basic | banner: CUI.
• Related authority evidence: 46 CFR 530.4 | status: Basic | banner: CUI

Extracted authority meaning

None listed

Operating conditions

• NARA category scope used with this authority: Relating to an agreement for the provision of services filed with the Federal Maritime Commission as referenced in 46 USC 40502(b), 46 CFR 530.4, and/or 46 CFR 531.4(a).
• 46 CFR 530.4 | status: Basic | banner: CUI
• NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Relating to an agreement for the provision of services filed with the Federal Maritime Commission as referenced in 46 USC 40502(b), 46 CFR 530.4, and/or 46 CFR 531.4(a).
• DoD category scope: Relating to an agreement for the provision of services filed with the Federal Maritime Commission.

Safeguarding and dissemination controls

• NARA registry control evidence: status Basic; banner marking CUI.
• Nara basic or specified: Basic
• Nara authority rows: 46 USC 40502(b) | status: Basic | banner: CUI || 46 CFR 530.4 | status: Basic | banner: CUI || 46 CFR 531.4(a) | status: Basic | banner: CUI
• Nara banner markings: CUI
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.

Designation evidence

• NARA authority row: 46 CFR 531.4(a) | status: Basic | banner: CUI.
• DoD authority row: 46 CFR 531.4(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
• Related authority evidence: 46 CFR 531.4(a) | status: Basic | banner: CUI
• Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
• Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
• Registry designation for this category is Basic with banner CUI.

Extracted authority meaning

• INSTRUCTIONS FORFORMFMC–83
• Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.

Operating conditions

• NARA category scope used with this authority: Relating to an agreement for the provision of services filed with the Federal Maritime Commission as referenced in 46 USC 40502(b), 46 CFR 530.4, and/or 46 CFR 531.4(a).
• DoD category scope used with this authority: Relating to an agreement for the provision of services filed with the Federal Maritime Commission.
• 46 CFR 531.4(a) | status: Basic | banner: CUI
• DoD lists this authority for the category; the linked authority text is extracted below when available.
• NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Relating to an agreement for the provision of services filed with the Federal Maritime Commission as referenced in 46 USC 40502(b), 46 CFR 530.4, and/or 46 CFR 531.4(a).
• DoD category scope: Relating to an agreement for the provision of services filed with the Federal Maritime Commission.
• Extracted authority condition: (b) The Commission shall not order any person to pay the difference be- tween the amount billed and agreed upon in writing with a common carrier or its agent and the amount set forth in an NSA by that common carrier for the transportation service provided.
• Extracted authority condition: (10) A description of the shipment records which will be maintained to support the NSA and the address, tele- phone number, and title of the person who will respond to a request by mak- ing shipment records available to the Commission for inspection under § 531.12 of this part; and (11) All other provisions of the NSA.
• Extracted authority condition: (3) Pursuant to § 531.12(b), the carrier party to the NSA must, upon written request by the Commission, provide the Commission with the associated records of the referenced terms.
• Extracted authority condition: Every NVOCC shall, upon written request of the FMC’s Director, Bureau of Enforcement, any Area Rep- resentative or the Director, Bureau of Trade Analysis, submit copies of re- quested original NSAs or their associ- ated records within thirty (30) days of the date of the request. §§ 531.13–531.98 [Reserved] § 531.99 OMB control numbers as- signed pursuant to the Paperwork Reduction Act.
• Extracted authority condition: (i) 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 com- pensation that: (1) Assumes responsibility for the transportation from the port or point of receipt to the port or point of des- tination; and (2) Utilizes, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes be- tween 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 transpor- tation 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 per- son primarily engaged in the mar- keting and distribution of those com- modities and (ii) Only with respect to those com- modities.

Safeguarding and dissemination controls

• NARA registry control evidence: status Basic; banner marking CUI.
• Nara basic or specified: Basic
• Nara authority rows: 46 USC 40502(b) | status: Basic | banner: CUI || 46 CFR 530.4 | status: Basic | banner: CUI || 46 CFR 531.4(a) | status: Basic | banner: CUI
• Nara banner markings: CUI
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
• Extracted authority control: (i) 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 com- pensation that: (1) Assumes responsibility for the transportation from the port or point of receipt to the port or point of des- tination; and (2) Utilizes, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes be- tween 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 transpor- tation 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 per- son primarily engaged in the mar- keting and distribution of those com- modities and (ii) Only with respect to those com- modities.
• Extracted authority control: Breach of any confidentiality agree- ment contained in an NSA by either party will not, on its own, be consid- ered a violation of these rules. § 531.5 Duty to file.
• Extracted authority control: IV (10–1–17 Edition) § 531.6 (8) Duration, including the (i) Effective date; and (ii) Expiration date; (9) The legal names and business ad- dresses of the NSA parties; the legal names of all affiliates of the NSA ship- per entitled to access the NSA; the names, titles and addresses of the rep- resentatives signing the NSA for the parties, except that in the case of an NSA entered into by a shippers’ asso- ciation, individual members need not be named unless the contract includes or excludes specific members; and the date upon which the NSA was signed.
• Extracted authority control: Service Contract Filing—The person listed in line 8 is authorized only to submit filings.
• Extracted authority control: (2) NSAs filed with the Commission may include the commodities or serv- ices listed in paragraph (a) or (b) of this section only if: (i) There is a tariff of general appli- cability for the transportation, which contains a specific commodity rate for the commodity or service in question; or (ii) The NSA itself sets forth a rate or charge which will be applied if the NSA is canceled, as defined in § 531.3(e) and § 531.8(d).
• Extracted authority control: 203 Federal Maritime Commission § 531.6 to whom delivery is to be made, a ship- pers’ association, or an ocean transpor- tation intermediary, as defined in sec- tion 3(17)(B) of the Act (46 U.S.C. 40102(16)), that accepts responsibility for payment of all applicable charges under the NSA.