[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Notices]
[Page 46625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18456]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
[Petition P1-08]
Petition of the National Customs Brokers and Forwarders
Association of America, Inc. for Exemption From Mandatory Rate Tariff
Publication; Notice of Filing
Notice is hereby given that National Customs Brokers and Forwarders
Association of America, Inc. (``Petitioner'') has petitioned, pursuant
to 49 U.S.C. 40103 (former Section 16 of the Shipping Act of 1984
(``the Shipping Act'')), and 46 CFR 502.67 and 502.69, for an exemption
from the provisions of the Shipping Act that require non-vessel-
operating common carriers (``NVOCCs'') to publish and adhere to all
ocean tariff rates. Specifically, Petitioner requests that NVOCCs be
exempted from the provisions of the Shipping Act requiring NVOCCs to
publish and adhere to rate tariffs in those instances where an NVOCC
has individually negotiated rates with its shipping customers and
memorialized those rates in writing. Petitioner further clarifies its
request by stating that: (1) The exemption would be voluntary and apply
only to rate tariffs; (2) negotiated rates and related disputes would
be governed by contract law and therefore exempt from 49 U.S.C.
40501(a)-(e) and (g) (formerly sections 8(a), (b), (d) and (g) of the
Shipping Act--governing tariff contents and publication, time volume
rates, 30 day's notice for increases, and accessibility and accuracy of
automated tariffs); 40503 (formerly section 8(e)--setting out
procedures for refunds and waivers) and 41104(2), (4) and (8) (formerly
sections 10(b)(2), (4) and (8)--prohibiting service not in accordance
with tariffs, unfair or unjustly discriminatory practices regarding
rates, cargo classifications, cargo space accommodations, loading or
landing of freight or adjustment or settlement of claims; and, undue or
unreasonable preferences or advantages or undue or unreasonable
prejudices or disadvantages); (3) NVOCC Service Arrangements would
continue to be filed with the FMC and essential terms published; (4)
all NVOCC-negotiated rates would be memorialized in writing; (5) the
Commission would have access to documentation underlying negotiated
rates; (6) the exemption would not convey antitrust immunity on NVOCCs;
and (7) the exemption would apply to FMC-licensed or registered NVOCCs.
In order for the Commission to make a thorough evaluation of the
Petition, interested persons are requested to submit views or arguments
in reply to the Petition no later than September 26, 2008. Replies
shall consist of an original and fifteen (15) copies, be directed to
the Assistant Secretary, Federal Maritime Commission, 800 North Capitol
Street, NW., Washington, DC 20573-0001, and be served on Petitioner's
counsel Edward D. Greenberg, Esq., Galland, Kharasch, Greenberg,
Fellman & Swirsky, P.C., 1054 Thirty-First Street, NW., Washington, DC
20037-4492. A copy of the reply shall be submitted in electronic form
(Microsoft Word 2003) by e-mail to [email protected]. The Petition will
be posted on the Commission's Web site at http://www.fmc.gov/reading/Petitions.asp. Replies filed in response to this petition also will be
posted on the Commission's Web site at this location.
Parties participating in this proceeding may elect to receive
service of the Commission's issuances in this proceeding through email
in lieu of service by U.S mail. A party opting for electronic service
shall advise the Office of the Secretary in writing and provide an e-
mail address where service can be made.
Karen V. Gregory,
Assistant Secretary.
[FR Doc. E8-18456 Filed 8-8-08; 8:45 am]
BILLING CODE 6730-01-P