政策法规现行有效美国海运规则

§ 535.309 Marine terminal services agreements—exemption.

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	2025-06-20	2025-06-20	Code of Federal Regulations (CFR) - Shipping (Title 46)

发布06-20

生效06-20

摘要总结AI 辅助解读

该法规明确了美国海运码头服务协议（MTSA）的豁免备案条件。根据 46 CFR § 535.309，若协议仅涉及码头运营商与船公司之间的常规服务（如装卸、堆存等），且不包含通过“码头会议协议”确定的统一费率或规则，亦未授予反垄断豁免权，则无需向联邦海事委员会（FMC）履行强制备案及等待期程序。此规定旨在简化非卡特尔性质的商业合作流程，降低合规成本，但需严格区分是否涉及联合定价行为。

(a) Marine terminal services agreement means an agreement, contract, understanding, arrangement, or association, written or oral, (including any modification or appendix) between a marine terminal operator and an ocean common carrier that applies to marine terminal services that are provided to and paid for by an ocean common carrier. These services include: checking, dockage, free time, handling, heavy lift, loading and unloading, terminal storage, usage, wharfage, and wharf demurrage and including any marine terminal facilities that may be provided incidentally to such marine terminal services. The term marine terminal services agreement does not include any agreement that conveys to the involved carrier any rights to operate any marine terminal facility by means of a lease, license, permit, assignment, land rental, or similar other arrangement for the use of marine terminal facilities or property.
(b) All marine terminal services agreements as defined in § 535.309(a) are exempt from the filing and waiting period requirements of the Act and this part on condition that:

- (1) They do not include rates, charges, rules, and regulations that are determined through a marine terminal conference agreement. Marine terminal conference agreement means an agreement between or among two or more marine terminal operators and/or ocean common carriers for the conduct or facilitation of marine terminal operations that provides for the fixing of and adherence to uniform maritime terminal rates, charges, practices and conditions of service relating to the receipt, handling, and/or delivery of passengers or cargo for all members; and

- (2) No antitrust immunity is conferred under the Act with regard to terminal services provided to an ocean common carrier under a marine terminal services agreement that is not filed with the Commission.

(c) The filing fee for optional filing of terminal services agreements is provided in § 535.401(g).

[69 FR 64414, Nov. 4, 2004, as amended at 74 FR 65036, Dec. 9, 2009]