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Ex. AGY-USCG-PORTS-049 Order Primary source read

Order Granting Extension of Exemption, Temporary Exemption from Certain Service Contract Requirements, 85 Fed. Reg. 63274 (Oct. 7, 2020) (Docket No. 20-06)

Temporary Exemption from Certain Service Contract Requirements

Federal Maritime Commission · Federal Maritime Commission; ocean common carriers and shippers (Federal)

The COVID Project

The record

Jurisdiction
Federal Maritime Commission; ocean common carriers and shippers
Level
Federal
Authority
46 U.S.C. 40103; 46 C.F.R. 530.13(b)
Issued
2020-10-07 Oct. 7, 2020
Effective
2020-10-01 (extension of the exemption first granted in April 2020 for the period through Dec. 31, 2020) (read as 2020-10-01)
End
2021-06-01
In force
Oct. 1, 2020 to June 1, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitation types
Supply chainOther
Addressees
  • vessel-operating common carriers
  • shippers under service contracts
  • NVOCCs
Functions reached
  • SC ocean carriage contracting for importers and exporters
  • OP carrier and shipper compliance staff
Collection
Coast Guard and ports AGY-USCG-PORTS

Operative words

Under 46 CFR 530.8(a)(1) carriers must file original service contracts (as opposed to an amendment) with the Commission 'before any cargo moves pursuant to that service contract.'... The temporary exemption was designed to help relieve coronavirus disease 2019 (COVID-19) impacts to the supply chain. COVID-19 has placed increased stresses and burdens on carriers and their customers... [an] increasing number of businesses have [been affected]... Therefore it is ordered, that an exemption [from 46 CFR 530.8(a)(1) and (b) is] GRANTED, provided that: 1. Authorized persons must file with [the Commission original service contracts no later than 30] days after any cargo moves pursuant to [the contract]... This extension is also temporary and will remain in effect only until June 1, 2021.

Enforcement

46 U.S.C. 41104(a)(2), 41107

Notes

The Commission's finding, in October 2020, that COVID-19 'has placed increased stresses and burdens on carriers and their customers'; relief ran through June 1, 2021.

Retrieval note

Federal Register page read; bracketed words bridge the three-column layout. The Sept. 23, 2020 notice inviting comment on the extension (85 Fed. Reg. 59800 area) was not saved.