§ 565.1 Purpose and scope.
发布06-01
生效06-01
摘要总结AI 辅助解读
本法规（46 CFR Part 565）旨在落实《1984年航运法》第9条及《1998年海运改革法》授权，由美国联邦海事委员会（FMC）对“受控承运人”（Controlled Carriers，通常指政府所有或控制的船公司）进行监管。核心目的是防止受控承运人在运价本或服务合同中维持低于“公正合理”水平的费率，或通过不合理的分类规则导致低价运输。法规规定了受控承运人运价生效的特殊审查程序，适用于在美国对外贸易中运营的所有受控承运人，除非符合特定豁免条件。
- (a) Purpose. The regulations of this part are intended to carry out the Commission's mandate under section 9 of the Shipping Act of 1984 (46 U.S.C. 40701-40706), as amended by the Ocean Shipping Reform Act of 1998, to monitor the practices of controlled carriers and ensure that they do not:
- (1) Maintain rates or charges in their tariffs and service contracts that are below a level that is just and reasonable; nor
- (2) Establish, maintain or enforce unjust or unreasonable classifications, rules or regulations in those tariffs or service contracts which result or are likely to result in the carriage or handling of cargo at rates or charges that are below a just and reasonable level.
- (b) Scope. The regulations contained in this part set forth the special procedures whereby controlled carriers' tariffs and service contracts become effective and are reviewed by the Commission. These regulations in no way exempt controlled carriers from other Commission regulations or statutory authority to which they may otherwise be subject as ocean common carriers. These regulations apply to all controlled carriers operating in the foreign commerce of the United States unless excepted under section 9(f) of the Shipping Act of 1984 (46 U.S.C. 40706), as reflected by § 565.5.
[64 FR 8010, Feb. 18, 1999, as amended at 74 FR 50735, Oct. 1, 2009]