政策法规现行有效美国海运规则

§ 520.14 Special permission.

效力	法规类型	发布日期	生效日期	发文机构
现行有效	部门规章	2024-01-02	2024-02-01	Code of Federal Regulations (CFR) - Shipping (Title 46)

发布01-02

生效02-01

摘要总结AI 辅助解读

本条款规定美国联邦海事委员会（FMC）授予特殊许可的程序，允许受控承运人、公会或代理在不足法定通知期（通常为30天）的情况下调整运价或修改规则。申请人须向贸易分析局提交书面申请并缴纳313美元费用，明确说明“正当理由”（如笔误）。获批后必须立即公布相关运价材料并使用带“S.”前缀的特殊案号。该机制旨在平衡运价稳定性与应对突发情况或纠正错误的灵活性。

(a) General. The statute at 46 U.S.C. 40501(e) authorizes the Commission, in its discretion and for good cause shown, to permit increases or decreases in rates, or the issuance of new or initial rates, on less than the statutory notice. The statutes at 46 U.S.C. 40703 and 40704(a) authorize the Commission to permit a controlled carrier's rates, charges, classifications, rules or regulations to become effective on less than 30 days' notice. The Commission may also in its discretion and for good cause shown, permit departures from the requirements of this part.
(b) Clerical errors. Typographical and/or clerical errors constitute good cause for the exercise of special permission authority. Every special permission application must plainly specify the error and present clear evidence of its existence. The special permission application must also include a full statement of the attending circumstances. The special permission application must be submitted with reasonable promptness after publishing the defective tariff material.
(c) Application. (1) Applications for special permission to establish rate increases or decreases on less than statutory notice or for waiver of the provisions of this part must be made by the common carrier, conference, or agent for publishing. Every such application must be submitted to the Bureau of Trade Analysis and be accompanied by a filing fee of $313.

- (2) Applications for special permission must be made by letter, submitted via mail or email, followed promptly by electronic payment of the filing fee.

- (3) Applications for special permission must contain the following information:

(i) Organization name, number and trade name of the conference or carrier;

- (ii) Tariff number and title;

- (iii) The rate, commodity, or rules related to the application, and the special circumstances which the applicant believes constitute good cause to depart from the requirements of this part or to warrant a tariff change upon less than the statutory notice period; and

- (iv) A statement that identifies any part(s) of the application for which confidential treatment is sought and a justification for such confidential treatment. In such cases, the applicant must provide both a confidential version and a public version of the application.

(d) Implementation. The authority granted by the Commission must be used in its entirety, including the prompt publishing of the material for which permission was requested. Applicants must use the special case number assigned by the Commission with the symbol “S.”

[64 FR 11225, Mar. 8, 1999, as amended at 67 FR 39860, June 11, 2002; 70 FR 10330, Mar. 3, 2005; 74 FR 50722, Oct. 1, 2009; 81 FR 59144, Aug. 29, 2016; 83 FR 50294, Oct. 5, 2018; 85 FR 72578, Nov. 13, 2020; 88 FR 16898, Mar. 21, 2023; 89 FR 33, Jan. 2, 2024]