§ 535.303 Husbanding agreements—exemption.
发布06-20
生效06-20
摘要总结AI 辅助解读
美国联邦法规第46卷§535.303明确界定“船舶代理协议”（Husbanding agreements）的范围并确立其豁免地位。该条款规定，仅涉及港口日常运营服务（如通知官员、安排引航拖轮、处理船员事务等）的协议属于此类，且无需向FMC备案。若协议包含揽货、订舱或签署提单等内容，则不在此列。此规定旨在简化纯操作型代理关系的合规流程，降低行政负担。
- (a) A husbanding agreement is an agreement between an ocean common carrier and another ocean common carrier or marine terminal operator, acting as the former's agent, under which the agent handles routine vessel operating activities in port, such as notifying port officials of vessel arrivals and departures; ordering pilots, tugs, and linehandlers; delivering mail; transmitting reports and requests from the Master to the owner/operator; dealing with passenger and crew matters; and providing similar services related to the above activities. The term does not include an agreement that provides for the solicitation or booking of cargoes, signing contracts or bills of lading and other related matters, nor does it include an agreement that prohibits the agent from entering into similar agreements with other carriers.
- (b) A husbanding agreement is exempt from the filing requirements of the Act and of this part.
- (c) The filing fee for optional filing of husbanding agreements is provided in § 535.401(g).