46 C.F.R. § 535.309 Marine terminal services agreements—exemption.
Title 46 - Shipping
(a) Marine terminal services agreement means an agreement, contract, understanding, arrangement, or association, written or oral, (including any modification or appendix) between a marine terminal operator and an ocean common carrier that applies to marine terminal services that are provided to and paid for by an ocean common carrier. These services include: checking, dockage, free time, handling, heavy lift, loading and unloading, terminal storage, usage, wharfage, and wharf demurrage and including any marine terminal facilities that may be provided incidentally to such marine terminal services. The term marine terminal services agreement does not include any agreement that conveys to the involved carrier any rights to operate any marine terminal facility by means of a lease, license, permit, assignment, land rental, or similar other arrangement for the use of marine terminal facilities or property. (b) All marine terminal services agreements as defined in §535.309(a) are exempt from the filing and waiting period requirements of the Act and this part on condition that: (1) They do not include rates, charges, rules, and regulations that are determined through a marine terminal conference agreement, as defined in §535.308(b); and (2) No antitrust immunity is conferred under the Act with regard to terminal services provided to an ocean common carrier under a marine terminal services agreement that is not filed with the Commission. (c) The filing fee for optional filing of terminal services agreements is provided in §535.401(g).
Title 46: Shipping
PART 535—OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984
Subpart C—Exemptions
§ 535.309 Marine terminal services agreements—exemption.
