46 C.F.R. § 530.5

Duty to file

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(a) The duty under this part to file service contracts, amendments, and notices shall be upon the individual carrier party or parties participating or eligible to participate in the service contract.

(b) Filing may be accomplished by any duly agreed-upon agent, as the parties to the service contract may designate, and subject to conditions as the parties may agree.

(c) Registration—(1) Application. Authority to file or delegate the authority to file must be requested by a responsible official of the service contract carrier in writing by submitting to BTA the Registration Form (FMC-83) in Exhibit 1 to this part.

(2) Approved registrations. OIT shall provide approved Registrants a log-on ID and password for filing and amending service contracts and notify Registrants of such approval.

[64 FR 11206, Mar. 8, 1999, as amended at 64 FR 41042, July 29, 1999; 76 FR 11680, Mar. 3, 2011; 85 FR 38089, June 25, 2020]
Notes of Decisions
Cited in 3 cases, 1968–2020 · leading case: Volkswagenwerk Aktiengesellschaft v. Fed. Mar. Comm'n, 390 U.S. 261 (1968).
Volkswagenwerk Aktiengesellschaft v. Fed. Mar. Comm'n, 390 U.S. 261 (1968). · cites it 2× “§ 841a, the Commission exempted at least one class of de minimis agreements in 46 CFR §§ 530.5 (d) (4) and (5), dealing with certain terminal agreements.”
Puerto Rico Ports Auth. v. Fed. Mar. Comm'n, 642 F.2d 471 (D.C. Cir. 1980). “” 46 C.F.R. § 530.5 (d)(6) (1979). . The issue was raised, at least tangentially, when the Commission reopened the record, upon the Hearing Counsel’s petition, to receive evidence as to the unfiled agreement.”
Shelter Forest Int'l Acquisition, Inc. v. COSCO Shipping (USA) Inc. (D. Or. 2020). “46 C.F.R. §§ 530.5 , 530.10(b). A service contract must include a minimum quantity or portion provision and liquidated damages clause in case of nonperformance.”
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