10.11.30FMC Expected to Unveil Soon Final Rules for NVO Tariff Filing Exemption

The U.S. Federal Maritime Commission (FMC) is expected to announce within a few weeks the final rules which would exempt non-vessel-operating common carriers (NVOCCs) from tariff filing requirement.

The FMC decided to grant this exemption from publishing rate tariffs to licensed NVOCCs in February 2010 and directed its staff to prepare the draft relieve licensed NVOCCs from publishing and adhering to rates in tariffs, while imposing several conditions, including:


• NVOCCs would continue to publish standard rules tariffs containing contractual terms and conditions governing shipments

• NVOCCs would be required to provide those rules to the public free of charge

• Rates charged by NVOCCs must be agreed to and memorialized in writing by the date cargo is received for shipment
  

• NVOCCs must retain documentation of the agreed rate and terms for each shipment for a period of five years, and must make that documentation available promptly to the Commission on request


After the regulatory procedures including public hearings, the FMC seems to be ready for publishing the final rules.