政策法规现行有效美国海运规则

§ 530.13 Exceptions and exemptions.

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	2023-06-23	2023-07-24	Code of Federal Regulations (CFR) - Shipping (Title 46)

发布06-23

生效07-24

摘要总结AI 辅助解读

本条款明确了美国海运服务合同（Service Contract）的法定例外与豁免情形。大宗货物、林产品、废金属、新车及废纸等五类货物不受FMC第530部分监管，无需备案。邮政及国防部货物亦获豁免。若合同包含上述豁免品类，需满足特定条件（如存在通用费率表或约定解约后费率）方可备案。此外，已备案合同的公共承运人可豁免公开核心条款的义务。建议相关从业者核实货物类别以决定合规路径。

(a) Statutory exceptions. Service contracts for the movement of the following, as defined in section 3 of the Act (46 U.S.C. 40102), § 530.3 or § 520.2 of this chapter, are excepted by section 8(c) of the Act (46 U.S.C. 40502) from the requirements of that section, and are therefore not subject to the requirements of this part:

- (1) Bulk cargo;

- (2) Forest products;

- (3) Recycled metal scrap;

- (4) New assembled motor vehicles; and

- (5) Waste paper or paper waste.

(b) Commission exemptions. Exemptions from the requirements of this part are governed by 46 U.S.C. 40103(a) and §§ 502.10 and 502.92 of this chapter. The following commodities and/or services are exempt from the requirements of this part:

- (1) Mail in foreign commerce. Transportation of mail between the United States and foreign countries.

- (2) Department of Defense cargo. Transportation of U.S. Department of Defense cargo moving in foreign commerce under terms and conditions negotiated and approved by the Surface Deployment and Distribution Command and published in a universal service contract. An exact copy of the universal service contract, including any amendments thereto, shall be filed with the Commission as soon as it becomes available.

(c) Inclusion of excepted or exempted matter. (1) The Commission will not accept for filing service contracts which exclusively concern the commodities or services listed in paragraph (a) or (b) of this section.

- (2) Service contracts filed with the Commission may include the commodities or services listed in paragraph (a) or (b) of this section only if:

(i) There is a tariff of general applicability for the transportation, which contains a specific commodity rate for the commodity or service in question; or

- (ii) The service contract itself sets forth a rate or charge which will be applied if the contract is canceled, as defined in § 530.10(a)(3).

(d) Waiver. Upon filing a service contract pursuant to paragraph (c) of this section, the service contract shall be subject to the same requirements as those for service contracts generally.
(e) Essential terms publication exemption. Ocean common carriers are exempt from the requirement in 46 U.S.C. 40502(d) to publish and make available to the general public in tariff format a concise statement of certain essential terms when a service contract is filed with the Commission.

[64 FR 23793, May 4, 1999, as amended at 74 FR 50724, Oct. 1, 2009; 85 FR 23229, Apr. 27, 2020; 85 FR 38089, June 25, 2020; 86 FR 21662, Apr. 23, 2021]