46 C.F.R. Subpart Q—Refund or Waiver of Freight Charges
Title 46 - Shipping
Source: 64 FR 7811, Feb. 17, 1999, unless otherwise noted.
(a)(1) A common carrier or a shipper may file a special docket application seeking permission for a common carrier or conference to refund or waive collection of a portion of freight charges if there is: (i) An error in the tariff; (ii) An error in failing to publish a new tariff; or (iii) An error in quoting a tariff . (2) Such refund or waiver must not result in discrimination among shippers, ports, or carriers. (b) Such application must be filed within one hundred eighty (180) days from the date of sailing of the vessel from the port at which the cargo was loaded. An application is filed when it is placed in the mail, delivered to a courier, or, if delivered by another method, when it is received by the Commission. Filings by mail or courier must include a certification as to date of mailing or delivery to the courier. (c) Prior to submission of the application for a refund for an error in a tariff or a failure to publish a new tariff, the carrier or conference must publish a new tariff which sets forth the rate on which refund or waiver would be based. (d) Such application must be in accordance with Exhibit 1 to this Subpart and must also comply with the following requirements: (1) Applications must be submitted to the Office of the Secretary, Federal Maritime Commission, Washington, DC 20573–0001. (2) Applications must be submitted in an original and one (1) copy. (3) Applications must be sworn to before a notary public or otherwise verified in accordance with §502.112. (4) When a rate published in a conference tariff is involved, the carrier or shipper must serve a copy of the application on the conference and so certify in accordance with §502.117 to that service in the application. A shipper must also make a similar service and certification with respect to the common carrier. (5) Applications must be accompanied by remittance of a $77 filing fee. (e) Any application which does not furnish the information required by this Subpart may be returned to the applicant by the Secretary without prejudice to resubmission within the 180-day limitation period. (f)(1) The Secretary in his discretion shall either forward an application to the Office of Consumer Affairs and Dispute Resolution Services, for assignment to a Special Dockets Officer, or assign an application to the Office of Administrative Law Judges. Authority to issue decisions under this subpart is delegated to the assigned Special Dockets Officer or Administrative Law Judge. (2) Applicants will be notified as to the assignment of a deciding official, and the assignment of a special docket number. Formal proceedings as described in other rules of this part need not be conducted. The deciding official may, in his or her discretion, require the submission of additional information. (g) The deciding official shall issue a decision which, pursuant to §501.21 of this chapter, shall become final ten (10) days after service of such decision, unless the Commission in its discretion chooses to review such decision within that time, or the applicant chooses to file exceptions to such decision within that time. [Rule 271.] [64 FR 7811, Feb. 17, 1999, as amended at 65 FR 81759, Dec. 27, 2000; 67 FR 39859, June 11, 2002; 70 FR 7669, Feb. 15, 2005; 70 FR 10329, Mar. 3, 2005; 70 FR 44867, Aug. 4, 2005] Federal Maritime Commission Special Docket No. _____ [leave blank]. Amount of Freight Charges to be refunded or waived: Application of (Name of carrier or shipper) for the benefit of (Name of person who paid or is responsible for payment of freight charges). 1. Shipment(s). Here fully describe: (a) Commodity (according to tariff description). (b) Number of shipments. (c) Weight or measurement, container size, and number of containers of individual shipment, as well as all shipments. (d)(1) Date(s) of receipt of shipment(s) by the carrier; (2) Date(s) of sailing(s) (furnish supporting evidence). (e) Shipper and place of origin. (f) Consignee, place of destination and routing of shipment(s). (g) Name of carrier and date shown on bill of lading (furnish legible copies of bill(s) of lading). (h) Names of participating ocean carrier(s). (i) Name(s) of vessel(s) involved in carriage. (j) Amount of freight charges actually collected (furnish legible copies of rated bill(s) of lading or freight bill(s), as appropriate) broken down (i) per shipment, (ii) in the aggregate, (iii) by whom paid, (iv) who is responsible for payment if different, and (v) date(s) of collection. (k) Rate and tariff commodity description applicable at time of shipment (furnish legible copies of tariff materials). (l) Rate and commodity description sought to be applied (furnish legible copies of applicable tariff materials). (m)(1) Amount of applicable freight charges, per shipment and in the aggregate; (2) Amount of freight charges at rate sought to be applied, per shipment and in the aggregate. (n) Amount of freight charges sought to be (refunded) (waived), per shipment and in the aggregate. 2. Furnish docket numbers of other special docket applications or decided or pending formal proceedings involving the same rate situations. 3. Fully explain the basis for the application, i.e., the error, failure to publish, or misquote, showing why the application should be granted. Furnish affidavits, if appropriate, and legible copies of all supporting documents. If the error is due to failure to publish a tariff, specify the date when the carrier and/or conference intended or agreed to publish a new tariff. If the application is based on a misquote, the application must include the affidavit of the person who made the misquote describing the circumstances surrounding such misquote along with any other supporting documentary evidence available. 4. Furnish any information or evidence as to whether granting the application may result in discrimination among shippers, ports or carriers. List any shipments of other shippers of the same commodity which (i) moved via the carrier(s) or conference involved in this application during the period of time beginning on the date the intended rate would have become effective and ending on the day before the effective date of the conforming tariff; (ii) moved on the same voyage(s) of the vessel(s) carrying the shipment(s) described in No. 1, above; or (iii), in the case of a misquote, moved between the date of receipt of shipment(s) described in No. 1 above, and the date(s) of sailing(s). (Here set forth Name of Applicant, Signature of Authorized Person, Typed or Printed Name of Person, Title of Person and Date) State of , County of . ss: I,___ , on oath declare that I am ___ of the above-named applicant, that I have read this application and know its contents, and that they are true. Subscribed and sworn to before me, a notary public in and for the State of ______ , County of ______, this ___ day of ___ . (Seal) Notary Public My Commission expires. CERTIFICATE OF SERVICE (if applicable) I hereby certify that I have this day served the foregoing document upon the (insert the conference name if a conference tariff is involved; or the name of the carrier if the applicant is a shipper) by delivering a copy (insert means by which copy delivered). Dated in (insert city, county, state) this ___ day of ___. (signature) For: CERTIFICATE OF MAILING I certify that the date shown below is the date of mailing (or date of delivery to courier) of the original and one (1) copy of this application to the Secretary, Federal Maritime Commission, Washington, DC, 20573–0001. Dated at ___, this ___ day of ___ . (Signature) ________________________________ . For.
Title 46: Shipping
PART 502—RULES OF PRACTICE AND PROCEDURE
Subpart Q—Refund or Waiver of Freight Charges
§ 502.271 Special docket application for permission to refund or waive freight charges.
Exhibit No. 1 to Subpart Q [§502.271(d)] of Part 502—Application for Refund or Waiver of Freight Charges Due to Tariff or Quoting Error
