[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Notices]
[Page 46625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18456]


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FEDERAL MARITIME COMMISSION

[Petition P1-08]


Petition of the National Customs Brokers and Forwarders 
Association of America, Inc. for Exemption From Mandatory Rate Tariff 
Publication; Notice of Filing

    Notice is hereby given that National Customs Brokers and Forwarders 
Association of America, Inc. (``Petitioner'') has petitioned, pursuant 
to 49 U.S.C. 40103 (former Section 16 of the Shipping Act of 1984 
(``the Shipping Act'')), and 46 CFR 502.67 and 502.69, for an exemption 
from the provisions of the Shipping Act that require non-vessel-
operating common carriers (``NVOCCs'') to publish and adhere to all 
ocean tariff rates. Specifically, Petitioner requests that NVOCCs be 
exempted from the provisions of the Shipping Act requiring NVOCCs to 
publish and adhere to rate tariffs in those instances where an NVOCC 
has individually negotiated rates with its shipping customers and 
memorialized those rates in writing. Petitioner further clarifies its 
request by stating that: (1) The exemption would be voluntary and apply 
only to rate tariffs; (2) negotiated rates and related disputes would 
be governed by contract law and therefore exempt from 49 U.S.C. 
40501(a)-(e) and (g) (formerly sections 8(a), (b), (d) and (g) of the 
Shipping Act--governing tariff contents and publication, time volume 
rates, 30 day's notice for increases, and accessibility and accuracy of 
automated tariffs); 40503 (formerly section 8(e)--setting out 
procedures for refunds and waivers) and 41104(2), (4) and (8) (formerly 
sections 10(b)(2), (4) and (8)--prohibiting service not in accordance 
with tariffs, unfair or unjustly discriminatory practices regarding 
rates, cargo classifications, cargo space accommodations, loading or 
landing of freight or adjustment or settlement of claims; and, undue or 
unreasonable preferences or advantages or undue or unreasonable 
prejudices or disadvantages); (3) NVOCC Service Arrangements would 
continue to be filed with the FMC and essential terms published; (4) 
all NVOCC-negotiated rates would be memorialized in writing; (5) the 
Commission would have access to documentation underlying negotiated 
rates; (6) the exemption would not convey antitrust immunity on NVOCCs; 
and (7) the exemption would apply to FMC-licensed or registered NVOCCs.
    In order for the Commission to make a thorough evaluation of the 
Petition, interested persons are requested to submit views or arguments 
in reply to the Petition no later than September 26, 2008. Replies 
shall consist of an original and fifteen (15) copies, be directed to 
the Assistant Secretary, Federal Maritime Commission, 800 North Capitol 
Street, NW., Washington, DC 20573-0001, and be served on Petitioner's 
counsel Edward D. Greenberg, Esq., Galland, Kharasch, Greenberg, 
Fellman & Swirsky, P.C., 1054 Thirty-First Street, NW., Washington, DC 
20037-4492. A copy of the reply shall be submitted in electronic form 
(Microsoft Word 2003) by e-mail to <a href="/cdn-cgi/l/email-protection#3b485e58495e4f5a49427b5d5658155c544d"><span class="__cf_email__" data-cfemail="4c3f292f3e29382d3e350c2a212f622b233a">[email protected]</span></a>. The Petition will 
be posted on the Commission's Web site at http://www.fmc.gov/reading/Petitions.asp. Replies filed in response to this petition also will be 
posted on the Commission's Web site at this location.
    Parties participating in this proceeding may elect to receive 
service of the Commission's issuances in this proceeding through email 
in lieu of service by U.S mail. A party opting for electronic service 
shall advise the Office of the Secretary in writing and provide an e-
mail address where service can be made.

Karen V. Gregory,
Assistant Secretary.
 [FR Doc. E8-18456 Filed 8-8-08; 8:45 am]
BILLING CODE 6730-01-P


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