§ 535.705 Application for waiver.
发布06-20
生效06-20
摘要总结AI 辅助解读
本条款规定了向美国联邦海事委员会（FMC）申请豁免《46 CFR》第535部分特定报告要求（如监控报告或会议纪要）的程序。申请人需在提交相关报告前，以书面形式向贸易分析局主任提出申请，详细列明寻求豁免的具体要求、特殊情形、支持性行业数据以及为何豁免不会损害监管有效性。FMC在审批时会考量托运人投诉情况及过往合规记录。该条款属于程序性指引，未直接改变实体权利义务。
- (a) Upon a showing of good cause, the Commission may waive any requirement of this subpart.
- (b) A request for such a waiver must be submitted and approved by the Commission in advance of the filing of the Monitoring Report or minutes to which the requested waiver would apply. Requests for a waiver shall be submitted in writing to the Director, Bureau of Trade Analysis, Federal Maritime Commission, Washington, DC 20573-0001, and shall state and provide the following:
- (1) The specific requirements from which relief is sought;
- (2) The special circumstances requiring the requested relief;
- (3) Relevant trade and industry data and information to substantiate and support the special circumstances requiring the requested relief; and
- (4) Why granting the requested waiver will not substantially impair effective monitoring of the agreement.
- (c) The Commission may take into account the presence or absence of shipper complaints as well as the past compliance of the agreement parties with any reporting requirement under this part in considering an application for a waiver.