§ 535.301 Exemption procedures.
发布06-20
生效06-20
摘要总结AI 辅助解读
本条款为美国联邦法规第46编（航运）中关于海运协议豁免程序的规定。主要明确联邦海事委员会（FMC）有权依申请或职权，对不损害竞争的商业协议给予豁免；即使获得豁免，当事人仍可选择性备案；申请需符合通用格式要求；且被豁免的协议必须在存续期及终止后三年内留存备查。该条款属于程序性规范，未直接改变实体权利义务。
- (a) Authority. The Commission, upon application or its own motion, may by order or rule exempt for the future any class of agreement involving ocean common carriers and/or marine terminal operators from any requirement of the Act if it finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce.
- (b) Optional filing. Notwithstanding any exemption from filing, or other requirements of the Act and this part, any party to an exempt agreement may file such an agreement with the Commission.
- (c) Application for exemption. Applications for exemptions shall conform to the general filing requirements for exemptions set forth at § 502.67 of this title.
- (d) Retention of agreement by parties. Any agreement that has been exempted by the Commission pursuant to section 16 of the Act (46 U.S.C. 40103) shall be retained by the parties and shall be available upon request by the Bureau of Trade Analysis for inspection during the term of the agreement and for a period of three years after its termination.
[69 FR 64414, Nov. 4, 2004, as amended at 74 FR 50727, Oct. 1, 2009]