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The U.S. Federal Maritime Commission (FMC) has issued a Notice of Inquiry seeking comments from the industry on possible changes to its NVOCC service arrangements (NSAs) rules which exempt NVOCCs from entering into confidential service contracts with shippers.

In December 2004, the FMC issued a final rule which provides that an NSA means a written contract, other than a bill of lading or receipt, between one or more NSA shippers and an individual NVOCC or two or more affiliated NVOCCs, in which the NSA shipper makes a commitment to provide a certain minimum quantity or portion of its cargo or freight revenue over a fixed time period, and the NVOCC commits to a certain rate or rate schedule and a defined service level. The ability of two or more unaffiliated NVOCCs to jointly offer NSAs was not included.

The FMC specifically requests comments and current information on (1) extending the exemption to allow two or more unaffiliated NVOCCs to jointly offer NSAs, and (2) how to make the NSA rules less burdensome and more effective in achieving the objectives of the Shipping Act. The comment deadline is June 18, 2012.


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