Federal Maritime Commission § 514.15
appears. It is very similar to the ATFI tered and verified, the operator presses TARIFF LINE ITEM DETAIL screen in another ‘‘Calc’’ key and screens similar paragraph (b) of this section, except to the following simulated screens that the retrieving operator enters the (‘‘ATFI RATING RESULTS,’’ (i) and actual shipment data in the appro- (ii)) are used to show the ‘‘Total priate fields. Once these data are en- Freight’’ (‘‘bottom-line freight’’):
(3) The bottom-line rate calculation § 514.14 [Reserved] facilitates estimation of the total charges for the shipment. However, § 514.15 Tariff Rules. ‘‘Total Freight’’ may not always be the (a) General. (1) This section requires freight paid by the shipper because of the electronic filing of certain tariff operator error or the application of matter other than the major ATFI ob- other assessorial charges which were jects (TLIs, etc.) addressed elsewhere not in algorithm form because they in this part, which in any way affects could not be determined prior to ship- the application of the tariff or is relat- ment, e.g., detention charges. Such ed to tariff objects, as prescribed in non-predeterminable charges, however, this part. Matter required to be filed by would be flagged for the retriever as this section shall be contained in the potential charges through the dummy ATFI tariff, either: algorithm feature under (i) In mandatorily numbered and ti- § 514.10(d)(1)(iv). tled Tariff Rules under paragraph (b) of (4) For the basic ocean freight rate this section; or and each item that may be added to it (ii) Where the listed mandatory sub- to find the overall cost, a proof screen jects of Tariff Rules would not include may be used for verification after the a specific proposed rule or other tariff calculation. matter of the filer, in optional Tariff
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Rules under paragraph (c) of this sec- number and title shall be entered with tion, with the filer selecting the num- a statement that the rule is not appli- ber (beginning with number 100) and cable (‘‘N/A’’). See § 514.12(a)(i). Tariff title. matter obviously falling within a par- (2) Algorithms and text. (i) Where the ticular title may not be contained in Tariff Rule directly affects a commod- another, less descriptive title and, ity or TLI, e.g., by the addition of a where a mandatory subject under this surcharge for certain conditions, the paragraph is not applicable, the tariff assessorial charge calculation/condi- matter shall be filed in an optional rule tion statement (and assessorial table, under paragraph (c) of this section, where applicable) shall be set forth in with the appropriate title. Mandatory the Tariff Rule as an algorithm if de- Tariff Rule (and subparagraph) num- terminable prior to shipment. This al- bers, titles, content (as also may be re- gorithm shall be electronically linked quired by other sections of this part, to each tariff item to which it applies, cross referenced in this paragraph) are as described in § 514.10(d) and in the as follows: ATFI Batch Filing Guide and ATFI (1) Scope. As described in Tariff Filing Guide. § 514.11(b)(10), the Tariff Record’s scope (ii) Contents of Tariff Rules other is briefly set forth in location and/or than algorithms shall be entered in location group pairs for origin and des- full-text format, be clear, explicit and tination. Tariff Rule 1 shall be consist- complete, and be linked to appropriate ent with the Tariff Record scope, but items through the dummy algorithm describe it in complete detail, espe- functionality described in cially for the following types of tariffs § 514.10(d)(1)(iv). or tariff items: (3) Application of rule. Where a Tariff (i) Foreign and domestic (offshore) com- Rule affects only particular items, modity tariffs. each affected item, e.g., commodity de- (ii) Equipment interchange tariffs scription, TLI, etc., shall specifically under § 514.12(b)(3)(ii). refer and be linked to such rule, as de- scribed in the ATFI Batch Filing and (iii) Intermodal services. ATFI Tariff Filing Guides. (A) Tariff Rule 1 shall describe the (4) Subrules. Where the subject or modes of intermodal service provided title of a Tariff Rule permits, obvi- (e.g., rail, truck, etc.). ously-related subrules may be used. (B) Tariff Rule 1 shall indicate (5) Rules tariffs. Tariff Rules may also whether the tariff TLIs are ‘‘through be contained in separate tariffs, as de- rates,’’ which include the rates for all scribed in § 514.12. services on the overall route, are com- (6) Rule Access Window. ATFI’s Rule bination rates to which rate(s) for Access Window lists by Tariff Rule other transportation must be added, or number and title all of the Tariff Rules both. contained in a particular tariff. (C) Common carriers and conferences (b) Mandatory Tariff Rules. Specific which publish more than one inter- Tariff Rules affecting the tariff, and/or modal rate tariff from, to or between other materials required by this part the same points, ports or regions, based to be included in Tariff Rules, shall be on mode of service, description of com- contained in the appropriate Tariff modities, etc., shall provide in Tariff Rules, as designated by the numbers Rule 1 of each respective tariff a cross- and titles specified in this paragraph. reference to the FMC number and de- Where notes to commodity descrip- scription of the application of such tions and/or TLIs contain matter that other tariff(s). would otherwise be normally contained (D) Tariff Rule 1 shall include a de- in Tariff Rules, the applicable Tariff scription of any alternate port service, Rule(s) need not duplicate such matter or other substituted service, intended but may simply indicate that the tariff to be offered. If this service falls within is structured in this manner. In the the definition of ‘‘transshipment,’’ Tar- event that a particular title contained iff Rule 1 shall cross-reference Tariff in this paragraph does not apply to any Rule 13, where transshipment services matter affecting the tariff, the rule are described.
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(E) TLIs involving intermodal service (4) Heavy lift. Tariff Rule 4 shall con- shall include an appropriate statement tain a clear and definite statement of to this effect in the applicable com- all heavy lift practices and charges. modity description record(s) and/or TLI (5) Extra length. Tariff Rule 5 shall notes under § 514.13, but all rates and contain a clear and definite statement charges affecting the TLI shall be en- of all extra length practices and tered in the proper form in the Applica- charges. ble Assessorial Charges section and/or (6) Minimum bill of lading charges. Tar- inland rate tables. iff Rule 6 shall contain a clear and defi- (F) If a carrier or conference desires nite statement of minimum bill of lad- to provide intermodal transportation ing charges and applicability. to or from named points at combina- (7) Payment of freight charges. Tariff tion rates, it shall clearly and accu- Rule 7 shall contain a clear and defi- rately set forth the applicable charges nite statement of: in the ATFI ‘‘Inland Rate Tables’’ file. (i) All requirements for the payment Other tables, similar to inland rate ta- of freight charges; bles in that they result in the addition of amounts to TLIs, such as surcharges (ii) Currency restrictions, if any, and (assessorials), may be constructed in the basis for determining the rates of algorithm format under § 514.10(d) and currency exchange (see § 514.10(c)); and paragraph (a) of this section. The ATFI (iii) If credit is extended to shippers, ‘‘Batch Filing Guide’’ and the ATFI the credit terms available and the con- Tariff Filing Guide provide details on ditions upon which credit is extended. the data creation and filing require- In foreign commerce, when credit ap- ments for inland rate tables, as well as plications or agreements are required, for Tariff Rules’ tables. specimens of such applications or (2) Application of rates and charges. agreements shall be filed as part of this Tariff Rule 2 shall contain a clear and Tariff Rule. definite statement of: (8) Bill(s) of lading. Unless a govern- (i) All services provided to the ship- ing bill of lading tariff has been filed per and covered by the TLIs, including under § 514.12(a)(1)(iv), Tariff Rule 8 the rate bases set forth in shall contain all clauses of every appli- §§ 514.13(b)(17)(ii) and (b)(17)(iv)(A); and cable specimen copy of any bill of lad- (ii) The extent of any limitation or ing, contract of affreightment, and restriction, if the application of any of other document (except for a service the rates, charges, Tariff Rules or regu- contract and its essential terms under lations stated in the tariff is restricted §§ 514.7 and 514.17) evidencing the trans- to any particular port, pier, etc. portation agreement between carrier (3) Rate applicability rule. Tariff Rule and shipper. Such shipping contracts 3 shall contain a clear and definite shall indicate that they are subject to statement of the time at which tariff the terms and conditions of the car- changes become applicable to any par- rier’s Federal Maritime Commission ticular shipment, including the follow- tariffs and may not contain provisions ing: inconsistent with the Tariff Rules and (i) In foreign commerce, the tariff regulations published in any applicable rates, Tariff Rules and charges applica- tariff. ble to a given shipment must be those (9) Freight forwarder compensation. published and in effect on the date the Tariff Rule 9 shall contain a clear and cargo is received by the common car- definite statement of: rier or its agent (including originating (i) In foreign commerce, the rate or carriers in the case of rates for through rates of compensation to be paid to li- transportation). censed ocean freight forwarders on (ii) In domestic offshore commerce, for United States export shipments in ac- joint rates in intermodal transpor- cordance with § 510.23(b) of this chap- tation, the rate applicable to any par- ter. ticular cargo movement shall be that (ii) In domestic offshore commerce, the rate which is in effect on the day the exact rate or rates, if any, to be paid initiating carrier takes possession of ocean freight forwarders (see also the shipment. § 510.23(d) of this chapter).
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(10) Surcharges and arbitraries. Tariff (ii) The routings (origin, trans- Rule 10 shall contain algorithms and shipment and destination ports); addi- explanatory text of surcharges and tional charges, if any (e.g., port arbi- arbitraries for items not elsewhere pro- trary and/or additional transshipment vided for in this section. Rates from or charges); and participating carriers; to designated ports may be established and by applying an arbitrary or differential (iii) A provision substantially as fol- charge based upon the rate applicable lows: to a specified ‘‘base port,’’ provided The Tariff Rules, regulations and rates in that any such arbitrary or differential this tariff apply to all transshipment ar- is clearly defined, set forth as an algo- rangements between the publishing carrier rithm (with table, if necessary) and is or carriers and the participating connecting referenced (linked) in the commodity or feeder carrier. Every participating con- description or TLI affected. necting or feeder carrier, which is a party to (11) Minimum quantity rates. See also transshipment arrangements, has agreed to § 514.13(a)(2)(i)(C). Tariff Rule 11 shall observe the Tariff Rules, regulations, rates, state: and routings established herein as evidenced by a connecting carrier agreement between (i) For foreign commerce: the parties. When two or more TLIs are named for the (14) Co-Loading in foreign commerce. same commodity over the same route and Tariff Rule 14 governs co-loading by under similar conditions, and the application is dependent upon the quantity of the com- NVOCCs in foreign commerce and shall modity shipped, the total freight charges as- contain the following provisions: sessed against the shipment may not exceed (i) Filing requirements. (A) If an the total charges computed for a larger NVOCC does not tender cargo for co- quantity, if the TLI specifying a required loading, Tariff Rule 14 shall so indi- minimum quantity (either weight or meas- cate. urement per container or in containers), will (B) If two or more NVOCCs enter into be applicable to the contents of the con- an agreement which establishes a car- tainer(s), and if the minimum set forth is met or exceeded. At the shipper’s option, a rier-to-carrier relationship for the co- quantity less than the minimum level may loading of cargo, then the existence of be freighted at the lower TLI if the weight or such agreement shall be noted in Tariff measurement declared for rating purposes is Rule 14. increased to the minimum level. (C) If two NVOCCs enter into a co- (ii) For domestic offshore commerce: loading arrangement which results in a shipper-to-carrier relationship, the When two or more TLIs are named for the tendering NVOCC shall describe in Tar- same commodity, and the application is de- iff Rule 14 its co-loading practices and pendent upon the quantity of the commodity specify its responsibility to pay any shipped, the charges assessed against the charges for the transportation of the smaller shipment may not exceed those for any larger quantity. cargo. A shipper-to-carrier relationship shall be presumed to exist where the (12) Ad Valorem Rates. Tariff Rule 12 receiving NVOCC issues a bill of lading shall contain a clear and definite state- to the tendering NVOCC for carriage of ment of: the co-loaded cargo. (i) The method of computing an ad (ii) Documentation requirements. valorem TLI or charge, to the extent NVOCCs which tender cargo to another not included elsewhere in the tariff NVOCC for co-loading, whether under a (e.g., in connection with a TLI under shipper-to-carrier or carrier-to-carrier § 514.13(b)(17)(i)); and relationship, shall annotate each appli- (ii) The additional liability, if any, cable bill of lading with the identity of assumed by the tariff owner in consid- any other NVOCC to which the ship- eration for the ad valorem rate or ment has been tendered for co-loading. charge. Such annotation shall be shown on the (13) Transshipment. When trans- face of the bill of lading in a clear and shipment services are offered pursuant legible manner. to an ongoing agreement, Tariff Rule (iii) Co-loading rates. No NVOCC may 13 shall contain: offer special co-loading rates for the (i) The through rate; exclusive use of other NVOCCs. If cargo
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is accepted by an NVOCC from another than the prevailing TLI, Tariff Rule 18 NVOCC which tenders that cargo in the shall provide that: capacity of a shipper, it must be rated (i) The return of shipment(s) be ac- and carried under tariff provisions complished within a specific period not which are available to all shippers. to exceed one year; (15) Open rates in foreign commerce. (ii) The return movement be made Tariff Rule 15 of a conference tariff over the line of the same common car- shall contain a clear and definite state- rier performing the original movement, ment of: except that in the case of a conference (i) The meaning of the word ‘‘open’’ tariff, return may be made by any in ‘‘open rates,’’ and the extent to member line when the original ship- which conference rates have been ment was carried by a conference mem- opened pursuant to § 514.13(b)(19)(ii); ber under the conference tariff; and (ii) Any restriction or limitation on (iii) A copy of the original bill of lad- the right of participating common car- ing showing the rate assessed be sur- riers to fix their own rate items, and rendered to the return common carrier. the extent to which applicable Tariff (19) Shippers requests in foreign com- Rules and regulations of the conference merce. Tariff Rule 19 shall contain clear tariff will continue to govern the rates and complete instructions in accord- filed by each individual line; and ance with the effective agreement’s (iii) Where the rates of the individual provisions, stating where and by what conference member lines on open-rated method shippers may file their re- items may be found. quests and complaints and how they (16) Hazardous cargo. When TLIs for may engage in consultation under sec- explosive, inflammable, corrosive, or tion 5(b)(6) of the 1984 Act, together other dangerous materials are pub- with a sample of the rate request form lished (or Tariff Rule 16 does not spe- if one is used or, in lieu thereof, a de- cifically prohibit carriage of such ma- scription of the information necessary terials), Tariff Rule 16 shall contain ei- for processing the request or com- ther: plaint. (i) Tariff Rules governing the car- (20) Overcharge claims. Tariff Rule 20 riage of all types of hazardous cargo; or shall contain provisions that conform (ii) Reference to applicable governing to the following: and/or general reference tariffs, as de- (i) No tariff may limit the filing of scribed in § 514.12. overcharge claims with a common car- (17) Green salted hides in foreign com- rier for private settlement to a period merce. For foreign commerce, Tariff (beginning with the accrual of the Rule 17 shall require that: cause of action) ending in less than: (i) The shipping weight for purposes (A) Three years in foreign commerce; of assessing transportation charges on or green salted hides shall be either a (B) Two years in domestic offshore scale weight or a scale weight minus a commerce. deduction which amount and method of (ii) The acceptance of any overcharge computation are specified in the com- claim may not be conditioned upon the modity description record or TLI, as payment of a fee or charge. referenced by § 514.13(b)(17)(iii); and (iii) No tariff may require that over- (ii) The shipper furnish the common charge claims based on alleged errors carrier a weighing certificate or dock in weight, measurement or description receipt from an inland common carrier of cargo be filed before the cargo has for each shipment of green salted hides left the custody of the common carrier. at or before the time the shipment is (iv) Tariff Rule 20 shall also: tendered for ocean shipment. (A) Provide that shippers or con- (18) Returned cargo in foreign com- signees may file claims for the refund merce. Where the tariff owner offers the of freight overcharges resulting from return shipment of refused, damaged or errors in weight, measurement, cargo rejected shipments, or exhibits at trade description or tariff application; and fairs, shows or expositions, to port of (B) Clearly indicate where and by origin at the TLI assessed on the origi- what method such claims are to be nal movement, when such TLI is lower filed with the common carrier and that
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such claims may also be filed with the as described in paragraph (b)(21)(i)(A) Federal Maritime Commission. At a of this section. In foreign commerce, minimum, Tariff Rule 20 shall contain where a foreign government prohibits the following provisions: the use of a carrier or conference (1) Claims for freight rate adjustments equipment interchange agreement, filed in writing will be acknowledged by the Tariff Rule 21 shall contain a state- common carrier within 20 days of receipt by ment to that effect. written notice to the claimant of the tariff (ii) If a carrier or conference has ex- provisions actually applied and the claim- ceptions to the standard free time and ant’s rights under the 1916 Act or 1984 Act. charges, or changes in the terms and (2) Claims seeking the refund of freight conditions which result in changing overcharges may be filed in the form of a complaint with the Federal Maritime Com- the free days and/or charges, the party mission, Washington, D.C. 20573, pursuant to (inland carrier, consignee, or shipper) either: to which the exception applies, loca- (i) Section 11(g) of the Shipping Act of 1984 tion, type of equipment and free days (46 U.S.C. app. 1710) for foreign commerce, and charges shall be clearly identified and that such claims must be filed within for each exception. The exceptions three years of the date the cause of action ac- shall be arranged in alphabetical order crued; or (ii) Section 22 of the Shipping Act, 1916 (46 of the parties to which the exceptions U.S.C. app. 821) for domestic offshore com- apply and shall be included in either: merce, and that such claims must be filed (A) Tariff Rule 21; or within two years of the date the cause of ac- (B) A separate equipment inter- tion accrues. change tariff filed by the carrier or (21) Use of carrier equipment. Tariff conference in accordance with Rule 21 shall contain provisions con- § 514.12(b)(3), in which case Tariff Rule forming to the following regulations: 21 shall identify the separate equip- (i) If a carrier or conference provides ment interchange tariff containing the equipment to shippers, consignees, or exceptions. A carrier or conference is inland carriers, or other persons acting not precluded from publishing a sepa- as the agent for the person paying the rate equipment interchange tariff even freight charges: though it does not have exceptions to (A) A sample equipment interchange the standard free days and charges. agreement, or the terms and conditions (22) Automobile Rates in domestic off- governing the use of said equipment, shore commerce. If TLIs for automobiles shall be published in the carrier’s or are published on a volume basis, as de- conference’s Tariff Rule 21. The sample scribed in § 514.13(b)(17)(iv)(B)(1), intro- agreement shall include: the general ductory paragraph, Tariff Rule 22 shall terms and conditions affecting cost contain: (e.g., maintenance and repair require- (i) The cubic measurement for the ments, insurance obligations, pickup or five most recent model years pre- drop off charges and services, such as scribed by the manufacturer of each tracing and replenishing fuel or refrig- applicable particular make or model, erant for reefer containers), that gov- arranged in table form with reference ern the use of carrier-provided equip- to applicable TLIs; and ment, including cargo containers, trail- (ii) A clear and definite description of ers and chassis. It shall also include all other applicable regulations, if not the standard free time allowed and de- contained in the commodity descrip- tention or similar charges assessed. tion record(s). Standard free time and charges shall be (23) Carrier terminal rules and charges. included as the last item in the agree- Tariff Rule 23 of carrier and conference ment or Tariff Rule 21, as applicable, tariffs: and shall clearly identify the location (i) Shall state separately every ter- and type of equipment to which they minal or other charge and discount and apply. service (including privileges, facilities (B) If a carrier or conference does not and services) under the control of the have a sample equipment interchange common carrier or conference which is agreement, the carrier shall publish its granted or allowed to any shipper, con- terms and conditions and standard free signee, or passenger, regardless of time and charges in its Tariff Rule 21, whether the service results in a charge
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or discount separately assessed as an icy(ies) or guaranty(ies); the bond(s), addition to or subtraction from the insurance policy(ies) or guaranty(ies) carrier’s basic TLI, in which case it number(s); and, where applicable, the shall be set forth as an algorithm, or is name and address of the group or asso- simply included within the basic TLI, ciation of NVOCCs providing full or without differentiation; partial coverage. (ii) [Reserved] (ii) Every NVOCC in foreign com- (iii) May provide for an amendment, merce which is not domiciled in the effective upon filing: United States shall enter in the first (A) Increasing a charge for terminal address field provided in each of its services, canal tolls or additional Tariff Records under 46 CFR items, without the increase being sepa- 514.11(b)(8)(ii) the name and address of rately stated on the bill of lading, but a person in the United States des- only if such charge is not under the ignated under § 583.5 of this chapter as control of the filing common carrier or its legal agent for the service of judi- conference, which merely acts as a col- cial and administrative process, includ- lection agent for the charge, and the ing subpoenas. Every NVOCC using a agency making such charge to the group or association of NVOCCs not common carrier or conference in- domiciled in the United States for fi- creases the charge without notice to nancial coverage, in whole or in part, the common carrier or conference and pursuant to § 583.4 shall state in its tar- is identified in Tariff Rule 23 by name iff the name and address of the group and appropriate tariff number (see or association’s resident agent for serv- § 514.9(b)(20)); and ice of judicial and administrative proc- (B) For domestic offshore commerce, ess, including subpoenas. The NVOCC establishing additional terminal facili- also shall state in Tariff Rule 24 that, ties for loading or discharging cargo at in any instance in which the des- ports or harbors already served, but ignated legal agent(s) cannot be served only if the rates to be charged at such because of death, disability or unavail- facilities are the same as those cur- ability, the Secretary, Federal Mari- rently applicable to comparable facili- time Commission will be deemed to be ties of the carrier at the same port or the NVOCC’s legal agent for service of harbor (see § 514.9(b)(16)(i)(B)). process. (24) Financial responsibility for (iii) Service of administrative proc- NVOCCs in foreign commerce and legal ess, other than subpenas, may be ef- agent for service of process. (i) Every fected upon the legal agent by mailing non-vessel-operating common carrier a copy of the documents to be served (‘‘NVOCC’’) shall state in Tariff Rule 24 by certified or registered mail, return of its tariffs on file with the Federal receipt requested. Maritime Commission that it has fur- (25) Certification of shipper status in nished the Commission proof of finan- foreign commerce. If a common carrier cial responsibility in the manner and adopts a procedure other than those set amount required by 46 CFR 583.4 for the forth in § 583.7 (b)(1) or (b)(2) of this payment of any judgment for damages chapter, for determining whether arising from its transportation-related NVOCCs for whom it wishes to trans- activities under the Shipping Act of port cargo have complied with the tar- 1984, order for reparations issued pursu- iff and bonding requirements of sec- ant to section 11 of the Shipping Act of tions 8 and 23 of the 1984 Act, that pro- 1984, or penalty assessed pursuant to cedure shall be clearly set forth in Tar- section 13 of the Shipping Act of 1984. iff Rule 25 of its tariff. In Tariff Rule 24, the NVOCC shall (26) Time/volume rates in foreign com- state the manner of its financial re- merce. In connection with time/volume sponsibility; whether it is relying in rates offered under § 514.13(b)(19)(i), whole or in part on coverage provided Tariff Rule 26 of common carrier and by a group or association of NVOCCs to conference tariffs in foreign commerce which it is a member; the name(s) and shall clearly and accurately: address(es) of the surety company(ies), (i) State all charges, classifications, insurance company(ies) or guarantor(s) rules and practices concerning time/ issuing the bond(s), insurance pol- volume rates;
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(ii) Identify the shipment records seasonal discontinuance or restoration which will be maintained to support of service, which shall be filed on not the rates; less than ten days’ notice, except by (iii) Describe the method to be used special permission under § 514.18. Such for shippers giving notice of their in- announcements shall contain a brief tention to use a time/volume rate prior statement announcing the date of dis- to tendering any shipment under the continuance and/or restoration of serv- time/volume-rate arrangements; and ice and may include no other tariff (iv) State that: matter. The TLIs associated with serv- (A) Once a time/volume rate is ac- ice discontinuance or restoration shall cepted by one shipper, it shall remain in effect for the time specified, without be amended, expired or filed as applica- amendment; and ble, and shall meet all criteria for TLI (B) Shipper notices and shipment filings/amendments. records supporting a time/volume rate (ii) Tariff Rule 31 of tariffs naming will be maintained by any offering car- rates, fares or Tariff Rules applicable rier or conference for at least five to all water routes which are closed to years after any shipper’s use of a time/ navigation during part of a year shall: volume rate has ended. (A) Contain provisions governing the (27) Loyalty contracts in foreign com- handling of shipments which may ar- merce. Where the filer intends to use a rive at the publishing carrier’s facili- loyalty contract in foreign commerce: ties after the date service is discon- (i) Tariff Rule 27 shall contain a sam- tinued; and ple of every loyalty contract, as de- (B) Expressly provide for the seasonal fined in 46 CFR 514.2, together with reg- discontinuance provision’s own expira- ulations which set forth the scope and application of the contract system. tion at the close of the navigation sea- (ii) The use of any sample loyalty son, or include a rule providing for the contract and applicable regulations discontinuance/restoration of service filed for inclusion in a tariff under based on the stated navigation season. paragraph (b)(27) of this section shall (32) [Reserved] be presumed to be ‘‘in conformity with (33) Project rates. Tariff Rule 33 shall the antitrust laws,’’ within the mean- contain complete descriptions of all ing of section 10(b)(9) of the 1984 Act, if project rates which are stated dis- such contract makes reference to a counts of other TLI’s for given com- Business Review Letter, issued pursu- modities under § 514.13(a)(5)(ii). For do- ant to 28 CFR 50.6, indicating no objec- mestic offshore carriers, Tariff Rule 33 tion to the use of that contract. shall also include a statement that all (28) Definitions. Tariff Rule 28 shall project rates will cover the carrier’s include any filer definitions of tech- variable costs and contribute to its nical terms which, however, may not fixed expenses. be inconsistent with the 1916 or 1984 Acts or this part. (34) Terminal Tariffs. Tariff Rule 34 (29) Symbols. Tariff Rule 29 shall in- shall contain the full-text portions of clude any filer symbols, service codes, all terminal tariffs filed by marine ter- etc. and explanations therefor which, minal operators (excluding the Organi- however, may not be inconsistent with zation Record and Tariff Record, which the those set forth in this part or the must be established under § 514.11). ‘‘Batch Filing Guide.’’ Other, mandatory Tariff Rules under (30) Access to tariff information. Tariff this section which are designed for car- Rule 30 shall contain a clear and com- riers and conferences shall be des- plete description of all costs, condi- ignated ‘‘Not Applicable’’ or ‘‘NA.’’ For tions and arrangements for public in- logical divisions within the terminal spection of tariff material, including tariff, filers should use subrules, as de- reasonable provisions for access to scribed in paragraph (a)(4) of this sec- emergency tariff(s) under tion. §§ 514.8(k)(1)(iv) and (k)(1)(v). (c) Optional Tariff Rules. Tariff Rules (31) Seasonal discontinuance. (i) Tariff numbers 100 and up (to be numbered Rule 31 shall contain announcements of
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consecutively) are available for carrier/ or FMC file number; by commodity conference use. name or number; by TLI number; and, by origin or destination of the com- [57 FR 36271, Aug. 12, 1992, as amended at 58 FR 28, Jan. 4, 1993; 58 FR 5622, Jan. 22, 1993; modity. 58 FR 28790, May 17, 1993; 60 FR 27230, May 23, (2) Reference to/in tariffs of general ap- 1995] plicability. The ETP shall: (i) Contain reference to each carrier’s § 514.16 [Reserved] or conference’s tariff of general appli- cability; and § 514.17 Essential terms of service con- tracts in foreign commerce. (ii) Be referenced in each of the car- rier’s or conference’s tariffs of general (a) General. (1) A concise statement of applicability, where required to be filed the essential terms (ETs) of every ini- under this part. tial service contract (which is filed in (c) Statement(s) of essential terms; gen- paper form under § 514.7) and appro- eral requirements. (1) Essential terms priate amendments to ETs resulting shall be promptly filed by the appro- from any amendment of the filed serv- ice contract, shall be filed with the priate person, in the carrier’s or con- Commission by authorized persons (see ference’s ETP and in the content and § 514.4(d)(5)) and made available to the tariff format as provided by this part. general public in electronic tariff for- (The service contract, in paper form, is mat. Unlike most other tariff data, required to be filed within ten (10) days ETs shall be filed largely in full text, of the electronic filing of the essential with a minimum of database terms under § 514.7(g).) formatting (but with certain other (2) Essential terms may not: standardization), as set forth in this (i) Be uncertain, vague or ambiguous; section. Additionally, ETs are not sub- or ject to the algorithm or linkage re- (ii) Contain any provision permitting quirements of § 514.10(d). Filing and modification by the parties other than maintenance of ETs are accomplished in full compliance with this part. through an electronic essential terms (d) Essential terms; specific require- publication (ETP) for each carrier or ments—(1) ATFI sample screen illustra- conference filer, which contains ETs tion. The following ATFI simulated for each of the carrier’s or conference’s screen illustrates the elements re- service contracts. quired to be contained in essential (2) Cross-references—(i) Authority to terms filings and how they may appear file: § 514.4(d)(5). in the ATFI system. The references in (ii) Cancellation: § 514.4(e)(2). brackets in each line are to the sub- (iii) Availability of essential terms: paragraphs of this paragraph which ex- § 514.7(f). plain the requirements for the fields (iv) Rejection of service contracts and/or and the data contained therein. See essential terms: § 514.7(j). paragraph (b)(1) of this section for pro- (v) Modification, correction and can- visions regarding the essential terms cellation: § 514.7(k). publication. On the screen, data above (vi) Assessorials and algorithms: the double line, i.e., down through § 514.10(d)(1). ‘‘Contract Termination,’’ shall be en- (b) Essential terms publication—(1) Cre- tered in database format in the special ation and form. The ETP is created and fields provided; data beginning with maintained by the filer as a separate Mandatory Term No. 3 (‘‘Commod- tariff type (‘‘ET’’ for ‘‘ETP’’) with a tar- ities’’) shall be entered in ‘‘full-text’’ iff record and number (see § 514.11(b)). A format without the application of algo- service-contract filer, either carrier or rithms under § 514.10(d). However, the conference, may have only one ETP for mandatory ETs (Nos. 1 to 10) shall bear all its ETs. The ETP may also contain the appropriate term number and exact matter of general applicability to all mandatory term title, as set forth in ETs contained therein, such as Tariff this paragraph (and the screen). If the Rules. The ATFI system will coordi- mandatory term does not apply (e.g., nate development of ET search indexes No. 7 or No. 8), the filer shall also enter by, for example: ET, service contract the symbol ‘‘NA.’’
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