Part 515 Licensing, Registration, Financial Responsibility Requirements and General Duties for Ocean Transportation Intermediaries
Part 520 Carrier Automated Tariffs
Part 525 Marine Terminal Operator Schedules
Part 530 Service Contracts
Part 531 Nvocc Service Arrangements
Part 532 Nvocc Negotiated Rate Arrangements
Part 535 Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984
Part 540 Passenger Vessel Financial Responsibility
Part 545 Interpretations and Statements of Policy

Terms Used In CFR > Title 46 > Chapter IV > Subchapter B - Regulations Affecting Ocean Shipping in Foreign Commerce

  • Act: means the Shipping Act of 1984 as amended by the Ocean Shipping Reform Act of 1998. See 46 CFR 530.3
  • Act: means the Shipping Act of 1984 as amended by the Ocean Shipping Reform Act of 1998. See 46 CFR 531.3
  • Agreement: means an understanding, arrangement, or association (written or oral) and any modification or cancellation thereof which has been filed and effective under part 535 of this chapter with the Commission. See 46 CFR 530.3
  • Agreement: means an understanding, arrangement, or association, written or oral (including any modification, cancellation or appendix) entered into by or among ocean common carriers and/or marine terminal operators, but does not include a maritime labor agreement. See 46 CFR 535.104
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amendment: means any change to an NSA which has prospective effect and which is mutually agreed upon by all parties to the NSA. See 46 CFR 531.3
  • Appendix: means a document containing additional material of limited application and appended to an agreement, distinctly differentiated from the main body of the basic agreement. See 46 CFR 535.104
  • Archaeological resource: means any material remains of human life or activities that are at least 50 years of age and that are of archaeological interest (i. See 30 CFR 585.112
  • Assessment agreement: means an agreement, whether part of a collective bargaining agreement or negotiated separately, that provides for collectively bargained fringe benefit obligations on other than a uniform man-hour basis regardless of the cargo handled or type of vessel or equipment utilized. See 46 CFR 535.104
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized person: means a carrier or a duly appointed agent who is authorized to file service contracts on behalf of the carrier party to a service contract and to publish the corresponding statement of essential terms and is registered by the Commission to file under §530. See 46 CFR 530.3
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficial interest: includes a lien or interest in or right to use, enjoy, profit, benefit, or receive any advantage, either proprietary or financial, from the whole or any part of a shipment of cargo where such interest arises from the financing of the shipment or by operation of law, or by agreement, express or implied. See 46 CFR 515.2
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Best available and safest technology: means the best available and safest technologies that BOEM determines to be economically feasible wherever failure of equipment would have a significant effect on safety, health, or the environment. See 30 CFR 585.112
  • BOEM: means Bureau of Ocean Energy Management of the Department of the Interior. See 30 CFR 585.112
  • Branch office: means any office in the United States established by or maintained by or under the control of a licensee for the purpose of rendering intermediary services, which office is located at an address different from that of the licensee's designated home office. See 46 CFR 515.2
  • BTA: means the Commission's Bureau of Trade Analysis or its successor bureau. See 46 CFR 530.3
  • Capacity rationalization: means a concerted reduction, stabilization, withholding, or other limitation in any manner whatsoever by ocean common carriers on the size or number of vessels or available space offered collectively or individually to shippers in any trade or service. See 46 CFR 535.104
  • Commercial lease: means a lease issued under this part that specifies the terms and conditions under which a person can conduct commercial activities. See 30 CFR 585.112
  • Commission: means the Federal Maritime Commission. See 46 CFR 540.2
  • Commission: means the Federal Maritime Commission. See 46 CFR 540.21
  • Commission: means the Federal Maritime Commission. See 46 CFR 515.2
  • Commission: means the Federal Maritime Commission. See 46 CFR 530.3
  • Common carrier: means any person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that:

    (1) Assumes responsibility for the transportation from the port or point of receipt to the port or point of destination, and

    (2) Utilizes, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, chemical parcel tanker, or by a vessel when primarily engaged in the carriage of perishable agricultural commodities:

    (i) If the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities, and

    (ii) Only with respect to those commodities. See 46 CFR 515.2

  • Common carrier: means a person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that:

    (1) Assumes responsibility for the transportation from the port or point of receipt to the port or point of destination. See 46 CFR 530.3

  • Common carrier: means a person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that:

    (1) Assumes responsibility for the transportation from the port or point of receipt to the port or point of destination. See 46 CFR 531.3

  • Common carrier: means a person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that:

    (1) Assumes responsibility for the transportation from the port or point of receipt to the port or point of destination. See 46 CFR 535.104

  • Compensation: means payment by a common carrier to a freight forwarder for the performance of services as specified in §515. See 46 CFR 515.2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer site or service: means a computer server-based file repository or file distribution service that is accessible over the Internet, World Wide Web, Usenet, or any other interactive computer service (as defined in 47 U. See 28 CFR 75.1
  • Conference: means an agreement between or among two or more ocean common carriers which provides for the fixing of and adherence to uniform rates, charges, practices and conditions of service relating to the receipt, carriage, handling and/or delivery of passengers or cargo for all members. See 46 CFR 530.3
  • Conference agreement: means an agreement between or among two or more ocean common carriers that provides for the fixing of and adherence to uniform tariff rates, charges, practices, and conditions of service relating to the receipt, carriage, handling and/or delivery of passengers or cargo for all members. See 46 CFR 535.104
  • Consultation: means a process whereby a conference and a shipper confer for the purpose of promoting the commercial resolution of disputes and/or the prevention and elimination of the occurrence of malpractices. See 46 CFR 535.104
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decommissioning: means removing BOEM-approved facilities and returning the site of the lease or grant to a condition that meets the requirements under subpart I of this part. See 30 CFR 585.112
  • Dependent: A person dependent for support upon another.
  • Docket: A log containing brief entries of court proceedings.
  • Effective agreement: means an agreement effective under the Act. See 46 CFR 535.104
  • Effective date: means the date upon which a service contract or amendment is scheduled to go into effect by the parties to the contract. See 46 CFR 530.3
  • Effective date: means the date upon which an NSA or amendment is scheduled to go into effect by the parties to the NSA. See 46 CFR 531.3
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence of insurance: means a policy, certificate of insurance, cover note, or other evidence of coverage acceptable to the Commission. See 46 CFR 540.2
  • Evidence of insurance: means a policy, certificate of insurance, cover note, or other evidence of coverage acceptable to the Commission. See 46 CFR 540.21
  • Executor: A male person named in a will to carry out the decedent
  • Expiration date: means the last day after which the entire service contract is no longer in effect. See 46 CFR 530.3
  • Expiration date: means the last day after which the entire NSA is no longer in effect. See 46 CFR 531.3
  • Facility: means an installation that is permanently or temporarily attached to the seabed of the OCS. See 30 CFR 585.112
  • Felony: A crime carrying a penalty of more than a year in prison.
  • FMC: means the Federal Maritime Commission. See 46 CFR 531.3
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Freight forwarding fee: means charges billed by an ocean freight forwarder to a shipper, consignee, seller, purchaser, or any agent thereof, for the performance of freight forwarding services. See 46 CFR 515.2
  • Freight forwarding services: refers to the dispatching of shipments on behalf of others, in order to facilitate shipment by a common carrier, which may include, but are not limited to, the following:

    (1) Ordering cargo to port. See 46 CFR 515.2

  • Grant: means a right-of-way, right-of-use and easement, or alternate use right-of-use and easement issued under the provisions of this part. See 30 CFR 585.112
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Human environment: means the physical, social, and economic components, conditions, and factors that interactively determine the state, condition, and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the OCS. See 30 CFR 585.112
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent neutral body: means a disinterested third party, authorized by a conference and its members to review, examine, and investigate alleged breaches or violations of the conference agreement and/or the conference's properly promulgated tariffs, rules, or regulations by any member of the conference. See 46 CFR 535.104
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Information Form: means the form containing economic information that must accompany the filing of certain agreements and modifications. See 46 CFR 535.104
  • Insurer: means any insurance company, underwriter, corporation, or association or underwriters, ship owners' protection and indemnity association, or other insurer acceptable to the Commission. See 46 CFR 540.2
  • Insurer: means any insurance company, underwriter, corporation or association of underwriters, ship owners' protection and indemnity association, or other insurer acceptable to the Commission. See 46 CFR 540.21
  • Interactive computer service: has the meaning set forth in 47 U. See 28 CFR 75.1
  • Internet: means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which constitute the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. See 28 CFR 75.1
  • Lease: means an agreement authorizing the use of a designated portion of the OCS for activities allowed under this part. See 30 CFR 585.112
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Marine terminal facilities: means one or more structures (and services connected therewith) comprising a terminal unit, including, but not limited to docks, berths, piers, aprons, wharves, warehouses, covered and/or open storage space, cold storage plants, grain elevators and/or bulk cargo loading and/or unloading structures, landings, and receiving stations, used for the transmission, care and convenience of cargo and/or passengers or the interchange of same between land and ocean common carriers or between two ocean common carriers. See 46 CFR 535.104
  • Marine terminal operator: means a person engaged in the United States in the business of furnishing wharfage, dock, warehouse, or other terminal facilities in connection with a common carrier, or in connection with a common carrier and a water carrier subject to subchapter II of chapter 135 of title 49 U. See 46 CFR 535.104
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Modification: means any change, alteration, correction, addition, deletion, or revision of an existing effective agreement or to any appendix to such an agreement. See 46 CFR 535.104
  • Monitoring Report: means the report containing economic information that must be filed at defined intervals with regard to certain agreements that are effective under the Act. See 46 CFR 535.104
  • Non-vessel-operating common carrier services: refers to the provision of transportation by water of cargo between the United States and a foreign country for compensation without operating the vessels by which the transportation is provided, and may include, but are not limited to, the following:

    (1) Purchasing transportation services from a common carrier and offering such services for resale to other persons. See 46 CFR 515.2

  • NRA: means a written and binding arrangement between an NRA shipper and an eligible NVOCC to provide specific transportation service for a stated cargo quantity, from origin to destination, on and after receipt of the cargo by the NVOCC. See 46 CFR 532.3
  • NRA shipper: means a cargo owner, the person for whose account the ocean transportation is provided, the person to whom delivery is to be made, a shippers' association, or an ocean transportation intermediary, as defined in section 3(17)(B) of the Act (46 U. See 46 CFR 532.3
  • NSA shipper: means a cargo owner, the person for whose account the ocean transportation is provided, the person to whom delivery is to be made, a shippers' association, or an ocean transportation intermediary, as defined in section 3(17)(B) of the Act (46 U. See 46 CFR 531.3
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Ocean common carrier: means a common carrier that operates, for all or part of its common carrier service, a vessel on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker. See 46 CFR 535.104
  • Ocean common carrier: means a common carrier that operates, for all or part of its common carrier service, a vessel on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker. See 46 CFR 515.2
  • Ocean common carrier: means a common carrier that operates, for all or part of its common carrier service, a vessel on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker. See 46 CFR 530.3
  • Ocean freight forwarder: means a person in the United States that dispatches shipments from the United States via common carriers and books or otherwise arranges space for those shipments on behalf of shippers. See 46 CFR 535.104
  • OIT: means the Commission's Office of Information Technology. See 46 CFR 530.3
  • Operator: means the individual, corporation, or association having control or management of activities on the lease or grant under this part. See 30 CFR 585.112
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • original production date: means the date the primary producer actually filmed, videotaped, or photographed, or created a digitally- or computer-manipulated image or picture of, the visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct. See 28 CFR 75.1
  • our: refer to the Bureau of Ocean Energy Management of the Department of the Interior, or its possessive, depending on the context. See 30 CFR 585.112
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Passenger: means any person who is to embark on a vessel at any U. See 46 CFR 540.2
  • passenger accommodations: includes all temporary and all permanent passenger sleeping facilities. See 46 CFR 540.2
  • passenger accommodations: includes all temporary and all permanent passenger sleeping facilities. See 46 CFR 540.21
  • Passenger revenue: means those monies wherever paid by passengers who are to embark at any U. See 46 CFR 540.2
  • Person: means individuals, corporations, partnerships and associations existing under or authorized by the laws of the United States or of a foreign country. See 46 CFR 535.104
  • Person: includes individuals, limited liability companies, corporations, partnerships, associations, and other legal entities existing under or authorized by the laws of the United States or any State thereof or the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any territory or possession of the United States, or the laws of any foreign country. See 46 CFR 540.2
  • Person: includes individuals, corporations, partnerships, associations, and other legal entities existing under or authorized by the laws of the United States or any state thereof or the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any territory or possession of the United States, or the laws of any foreign country. See 46 CFR 540.21
  • Person: means individuals, corporations, companies, including limited liability companies, associations, firms, partnerships, societies and joint stock companies existing under or authorized by the laws of the United States or of a foreign country. See 46 CFR 515.2
  • Personal property: All property that is not real property.
  • Picture identification card: means a document issued by the United States, a State government, or a political subdivision thereof, or a United States territory, that bears the photograph, the name of the individual identified, and the date of birth of that individual, and provides specific information sufficient for the issuing authority to confirm its validity, such as a passport, Permanent Resident Card (commonly known as a "Green Card"), or employment authorization document issued by the United States, a driver's license or other form of identification issued by a State or the District of Columbia. See 28 CFR 75.1
  • Port: means the place at which an ocean common carrier originates or terminates (and/or transships) its actual ocean carriage of cargo or passengers as to any particular transportation movement. See 46 CFR 535.104
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Principal: refers to the shipper, consignee, seller, or purchaser of property, and to anyone acting on behalf of such shipper, consignee, seller, or purchaser of property, who employs the services of a licensed freight forwarder to facilitate the ocean transportation of such property. See 46 CFR 515.2
  • Producer: means any person, including any individual, corporation, or other organization, who is a primary producer or a secondary producer. See 28 CFR 75.1
  • Project area: means the geographic surface leased, or granted, for the purpose of a specific project. See 30 CFR 585.112
  • Project easement: means an easement to which, upon approval of your Construction and Operations Plan (COP) or General Activities Plan (GAP), you are entitled as part of the lease for the purpose of installing, gathering, transmission, and distribution cables, pipelines, and appurtenances on the OCS as necessary for the full enjoyment of the lease. See 30 CFR 585.112
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Rate: means a price stated for providing a specified level of transportation service for a stated cargo quantity, from origin to destination, on and after a stated date or within a defined time frame. See 46 CFR 532.3
  • receipt of cargo by the NVOCC: includes receipt by the NVOCC's agent, or the originating carrier in the case of through transportation. See 46 CFR 532.3
  • Recess: A temporary interruption of the legislative business.
  • Registry: means the FAA, Civil Aviation Registry, Aircraft Registration Branch. See 14 CFR 47.2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resident alien: means an individual citizen of a foreign country lawfully admitted for permanent residence in the United States as an immigrant in conformity with the regulations of the Department of Homeland Security (8 CFR Chapter 1). See 14 CFR 47.2
  • Rules tariff: means a tariff or the portion of a tariff, as defined by 46 CFR 520. See 46 CFR 531.3
  • Rules tariff: means a tariff or the portion of a tariff, as defined by 46 CFR 520. See 46 CFR 532.3
  • Service contract: means a written contract, other than a bill of lading or a receipt, between one or more shippers and an individual ocean common carrier or an agreement between or among ocean common carriers in which the shipper or shippers makes a commitment to provide a certain volume or portion of cargo over a fixed time period, and the ocean common carrier or the agreement commits to a certain rate or rate schedule and a defined service level, such as assured space, transit time, port rotation, or similar service features. See 46 CFR 535.104
  • Service contract: means a written contract, other than a bill of lading or receipt, between one or more shippers and an individual ocean common carrier or an agreement between or among ocean common carriers in which the shipper makes a commitment to provide a certain minimum quantity or portion of its cargo or freight revenue over a fixed time period, and the individual ocean common carrier or the agreement commits to a certain rate or rate schedule and a defined service level, such as, assured space, transit time, port rotation, or similar service features. See 46 CFR 530.3
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sexually explicit conduct: has the meaning set forth in 18 U. See 28 CFR 75.1
  • Shipment: means all of the cargo carried under the terms of a single bill of lading. See 46 CFR 515.2
  • Shipper: means a cargo owner. See 46 CFR 530.3
  • Shipping Act: means the Shipping Act of 1984, as amended. See 46 CFR 515.2
  • Simulated sexually explicit conduct: means conduct engaged in by performers that is depicted in a manner that would cause a reasonable viewer to believe that the performers engaged in actual sexually explicit conduct, even if they did not in fact do so. See 28 CFR 75.1
  • Sub-trade: means the scope of ocean liner cargo carried between each U. See 46 CFR 535.104
  • Through transportation: means continuous transportation between origin and destination for which a through rate is assessed and which is offered or performed by one or more carriers, at least one of which is an ocean common carrier, between a United States point or port and a foreign point or port. See 46 CFR 535.104
  • Transshipment agreement: means an agreement between an ocean common carrier serving a port or point of origin and another such carrier serving a port or point of destination, whereby cargo is transferred from one carrier to another carrier at an intermediate port served by direct vessel call of both such carriers in the conduct of through transportation and the publishing carrier performs the transportation on one leg of the through transportation on its own vessel or on a vessel on which it has rights to space under a filed and effective agreement. See 46 CFR 535.104
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the Commonwealth of Puerto Rico, the Virgin Islands or any territory or possession of the United States. See 46 CFR 540.2
  • United States: includes the Commonwealth of Puerto Rico, the Virgin Islands or any territory or possession of the United States. See 46 CFR 540.21
  • United States: includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, and all other United States territories and possessions. See 46 CFR 515.2
  • URL: means uniform resource locator. See 28 CFR 75.1
  • Vessel: means any commercial vessel having berth or stateroom accommodations for 50 or more passengers and embarking passengers at U. See 46 CFR 540.2
  • Vessel: means any commercial vessel having berth or stateroom accommodations for 50 or more passengers and embarking passengers at U. See 46 CFR 540.21
  • Voyage: means voyage of a vessel to or from U. See 46 CFR 540.21
  • Whole-ship charter: means an arrangement between a passenger vessel operator and a corporate or institutional entity:

    (1) Which provides for the purchase of all the passenger accommodations on a vessel for a particular voyage or series of voyages. See 46 CFR 540.2

  • your: means an applicant, lessee, the operator, or designated operator, ROW grant holder, RUE grant holder, or Alternate Use RUE grant holder under this part, or the designated agent of any of these, or the possessive of each, depending on the context. See 30 CFR 585.112