46 C.F.R. § 531.8 Amendment, correction, cancellation, and electronic transmission errors.
Title 46 - Shipping
(a) Amendment. (1) NSAs may be amended by mutual agreement of the parties. Amendments shall be filed electronically with the Commission in the manner set forth in §531.5 and Appendix A to this part. (i) Where feasible, NSAs should be amended by amending only the affected specific term(s) or subterms. (ii) Each time any part of an NSA is amended, the filer shall assign a consecutive amendment number (up to three digits), beginning with the number “1.” (iii) Each time any part of a filed NSA is amended, the “Filing Date” will be the date of filing of the amendment. (2) [Reserved] (b) Correction. (1) Requests shall be filed, in duplicate, with the Commission's Office of the Secretary within forty-five (45) days of the NSA's filing with the Commission, accompanied by remittance of a $276 service fee. (2) Requests shall include: (i) A letter of transmittal explaining the purpose of the submission, and providing specific information to identify the initial or amended NSA to be corrected; (ii) A paper copy of the proposed correct terms. Matter to be deleted shall be struck through and matter to be added shall immediately follow the language being deleted and underscored; (iii) An affidavit from the filing party attesting with specificity to the factual circumstances surrounding the clerical or administrative error, with reference to any supporting documentation; (iv) Documents supporting the clerical or administrative error; and (v) A brief statement from the other party to the NSA concurring in the request for correction. (3) If the request for correction is granted, the carrier party shall file the corrected provisions using a special case number as described in Appendix A to this part. (c) Electronic transmission errors. (1) An authorized person who experiences a purely technical electronic transmission error or a data conversion error in transmitting an NSA filing or an amendment thereto is permitted to file a Corrected Transmission (“CT”) of that filing within 48 hours of the date and time of receipt recorded in the Commission's electronic filing system (excluding Saturdays, Sundays and legal public holidays). This time-limited permission to correct an initial defective NSA filing is not to be used to make changes in the original NSA rates, terms or conditions that are otherwise provided for in §531.6(b). The CT tab box in the Commission's electronic filing system must be checked at the time of resubmitting a previously filed NSA, and a description of the corrections made must be stated at the beginning of the corrected NSA in a comment box. Failure to check the CT box and enter a description of the correction will result in the rejection of a file with the same name, as documents with duplicate file names or NSA and amendment numbers are not accepted by the FMC's electronic filing system. (2) [Reserved] (d) Cancellation. (1) An account may be adjusted for events and damages covered by the NSA. This shall include adjustment necessitated by either liability for liquidated damages appearing in the NSA as filed with the Commission under §531.6(b)(7), or the occurrence of an event described below in paragraph (d)(2) of this section. (2) In the event of cancellation as defined in §531.3(g): (i) Further or continued implementation of the NSA is prohibited; and (ii) The cargo previously carried under the NSA shall be re-rated according to the otherwise applicable tariff provisions. (e) If the amendment, correction or cancellation affects an essential term required to be published under §531.9, the statement of essential terms shall be changed as soon as possible after the filing of the amendment to accurately reflect the change to the NSA terms.
Title 46: Shipping
PART 531—NVOCC SERVICE ARRANGEMENTS
Subpart B—Filing Requirements
§ 531.8 Amendment, correction, cancellation, and electronic transmission errors.
