PART 520—CARRIER AUTOMATED TARIFFS Authority: 5 U.S.C. 553; 46 U.S.C., 40101-40102, 40501-40503, 40701-40706, 41101-41109, 46105. Source: 64 FR 11225, Mar. 8, 1999, unless otherwise noted. § 520.1 Scope and purpose. (a) Scope. (b) Purpose. (1) Shippers and other members of the public to obtain reliable and useful information concerning the rates and charges that will be assessed by common carriers and conferences for their transportation services; (2) Carriers and conferences to meet their publication requirements pursuant to 46 U.S.C. 40501-40503; (3) The Commission to ensure that carrier tariff publications are accurate and accessible and to protect the public from violations by carriers of 46 U.S.C. 41101-41106; and (4) The Commission to review and monitor the activities of controlled carriers pursuant to 46 U.S.C. 40701-40706. [64 FR 11225, Mar. 8, 1999, as amended at 74 FR 50721, Oct. 1, 2009; 89 FR 29, Jan. 2, 2024] § 520.2 Definitions. The following definitions apply to this part: Amendment Assessorial charge BTA Bulk cargo Co-loading Combination rate Commission Commodity description Commodity index Commodity rate Common carrier (1) Assumes responsibility for the transportation from port or point of receipt to the port or point of destination; and (2) Utilizes, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country, except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel tanker or by a vessel when primarily engaged in the carriage of perishable agricultural commodities: (i) If the common carrier and the owner of those commodities are wholly-owned, directly or indirectly, by a person primarily engaged in the marketing and distribution of those commodities and (ii) Only with respect to the carriage of those commodities. Conference Consignee Container Controlled carrier (1) A majority portion of the interest in the common carrier is owned or controlled in any manner by that government, by an agency thereof, or by any public or private person controlled in any manner by that government, by any agency thereof, or by any public or private person controlled by that government; or (2) That government has the right to appoint or disapprove the appointment of a majority of the directors, the chief operating officer or the chief executive officer of the common carrier. Destination scope Effective date Expiration date Foreign commerce Forest products Harmonized Code Harmonized System Inland division Inland point Inland rate Inland rate table Intermodal transportation Location group Loyalty contract Motor vehicle Ocean common carrier Ocean transportation intermediary (1) Ocean freight forwarder (i) In the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers; and (ii) Processes the documentation or performs related activities incident to those shipments; and (2) Non-vessel-operating common carrier Open rate Organization name Organization record Origin scope Person Port Project rates Proportional rates Publication date Publisher Rate Retrieval Rules Scope Shipment Shipper (1) A cargo owner; (2) The person for whose account the ocean transportation of cargo is provided; (3) The person to whom delivery is to be made ( e.g., (4) A shippers' association, meaning a group of shippers that consolidates or distributes freight on a nonprofit basis for the members of the group to obtain carload, truckload, or other volume rates or service contracts; or (5) An NVOCC that accepts responsibility for payment of all charges applicable under the tariff or service contract. Special permission Tariff Tariff number e.g., Tariff rate item (“TRI”) TRI number Through date Through rate Through transportation Time/volume rate Trade name Transshipment [64 FR 11225, Mar. 8, 1999, as amended at 64 FR 23022, Apr. 29, 1999; 65 FR 26512, May 8, 2000; 67 FR 39860, June 11, 2002; 89 FR 29, Jan. 2, 2024] § 520.3 Publication responsibilities. (a) General. (b) Conferences. (c) Publishers. (d) Notification. www.fmc.gov. (2) The common carrier and conference must include on Form FMC-1 its organization name, organization number, home office address, name and email address and telephone number of the firm's representative, the location of its tariffs, and the publisher, if any, used to maintain its tariffs. (3) Any changes to the above information must be transmitted to BTA within 30 calendar days. (4) The Commission will provide a unique organization number to new entities operating as common carriers or conferences in the U.S. foreign commerce. (e) Location of tariffs. www.fmc.gov, (f) NVOCC failure to maintain tariff. [89 FR 30, Jan. 2, 2024] § 520.4 Tariff contents. (a) General. (1) State the places between which cargo will be carried; (2) List each classification of cargo in use; (3) State the level of compensation, if any, to be paid by a carrier or conference to an ocean freight forwarder, as defined by 46 U.S.C. 40102(19); (4) State separately each terminal or other charge, privilege, or facility under the control of the carrier or conference and any rules that in any way change, affect, or determine any part or the total of the rates or charges; (5) Include sample copies of any bill of lading showing legible terms and conditions, contract of affreightment, and/or other document evidencing the transportation agreement; (6) Include copies of any loyalty contract, omitting the shipper's name; (7) Contain an organization record, tariff record, and tariff rules; and (8) For commodity tariffs, also contain a retrievable commodity index, commodity descriptions, and tariff rate items. (b) Organization record. (1) Organization name; (2) Organization number assigned by the Commission; (3) Agreement number, where applicable; (4) Organization type (e.g., ocean common carrier (VOCC), conference (CONF), non-vessel-operating common carrier (NVOCC) or agent); (5) Home office address and telephone number of firm's representative; (6) Names and organization numbers of all affiliates to conferences or agreements, including trade names; and (7) The publisher, if any, used to maintain the organization's tariffs. (c) Tariff record. (1) Organization number and name, including any trade name; (2) Tariff number; (3) Tariff title; (4) Tariff type ( e.g., (5) Contact person and address; (6) Default measurement and currency units; (7) Origination and destination scope; and (8) A statement certifying that all information contained in the tariff is true and accurate and no unlawful alterations will be permitted. (d) Tariff rules. (e) Commodity descriptions. (i) Mixed commodities—“99”; (ii) Projects—“98”; and (iii) non-commodities, e.g., (2) Commodity index. (ii) If a commodity description includes two or more commodities, each included commodity must be shown in the index. (iii) Items, such as “mixed commodities,” “projects” or “project rates,” “n.o.s.” descriptions, and “FAK,” must be included in the commodity index. (f) Tariff rate items. (1) Brief commodity description; (2) TRI number (optional); (3) Publication date; (4) Effective date; (5) Origin and destination scopes or location groups; (6) Rate and rate basis; and (7) Service code. (g) Location groups. e.g., e.g., (h) Inland rate tables. (i) Shipper requests. (j) Inland divisions. [64 FR 11225, Mar. 8, 1999, as amended at 74 FR 50722, Oct. 1, 2009; 89 FR 31, Jan. 2, 2024] § 520.5 Standard tariff terminology. (a) Approved codes. (b) Geographic names. [89 FR 31, Jan. 2, 2024] § 520.6 Retrieval of information. (a) General. (1) Search for commonly understood tariff objects ( e.g., (2) Search a tariff for a rate on the basis of origin, destination and commodity; (3) Employ a tariff selection option; or (4) Select an object group ( e.g., (b) Search capability. (c) Commodities and TRIs. e.g., (d) Object groups. (e) Basic ocean freight. (f) Displays. [64 FR 11225, Mar. 8, 1999, as amended at 89 FR 31, Jan. 2, 2024] § 520.7 Tariff limitations. (a) General. (1) Be clear and definite; (2) Use English as the primary textual language; (3) Not contain cross-references to any other rate tariffs, except: (i) A tariff of general applicability maintained by that same carrier or conference; (ii) The individual tariffs of members of a non-conference agreement to enter into time/volume rates can cross-reference the tariffs of other members for purposes of said time/volume rates; (iii) Multiple common tariffs of a conference agreement to enter into time/volume rates can cross-reference their own multiple conference tariffs for purposes of said time/volume rates; and (iv) An NVOCC may cross-reference an ocean common carrier tariff for the purpose of charging its shipper the ocean common carrier's published and effective surcharges, assessorial charges, and general rate increases, but the NVOCC must clearly list the named charges or categories of charges in the NVOCC's tariff, and must not mark them up above cost. Any fee associated with services provided by the NVOCC to its shipper should be separate and distinguished from the vessel-operating common carrier's surcharges, assessorial charges, and general rate increases, and specify the service for which the shipper is being charged. (4) Not duplicate or conflict with any other tariff publication. (b) Notice of cancellation. (c) Applicable rates. (d) Minimum quantity rates. (e) Conference situations. (2) New conference agreements have ninety (90) days within which to publish a new tariff. (f) Overcharge claims. (2) The acceptance of any overcharge claim cannot be conditioned upon the payment of a fee or charge. (3) A tariff must not require that overcharge claims based on alleged errors in weight, measurement, or description of cargo be filed before the cargo has left the custody of the common carrier. (g) Returned cargo. (1) The return shipment must occur within one (1) year; (2) The return movement must be made over the line of the same common carrier performing the original movement, except in the use of a conference tariff, where return may be made by any member line when the original shipment was carried under the conference tariff; and (3) A copy of the original bill of lading showing the rate assessed must be presented to the return common carrier. (h) Charges assessed by ocean common carriers to non-vessel-operating common carriers. [64 FR 11225, Mar. 8, 1999, as amended at 67 FR 39860, June 11, 2002; 89 FR 31, Jan. 2, 2024] § 520.8 Effective dates. (a) General. (2) An amendment which deletes a specific commodity and applicable rate from a tariff, thereby resulting in a higher “cargo n.o.s.” or similar general cargo rate, is a rate increase requiring a 30-day notice period. (3) Rates for the transportation of cargo for the U.S. Department of Defense may be effective upon publication. (4) Changes in rates, charges, rules, regulations or other tariff provisions resulting in a decrease in cost to a shipper may become effective upon publication. (b) Amendments. (1) Those resulting in no change in cost to a shipper; (2) The canceling of a tariff due to cessation of all service by the carrier between the ports or points covered by the tariff; (3) The addition of a port or point to a previously existing origin or destination scope; or (4) Changes in charges which are not under the control of the common carrier or conference (including terminal services, canal tolls, additional charges, or other provisions) for which the carrier or conference merely acts as a collection agent for such charges and the agency making such changes does so without notifying the common carrier or conference. Ocean common carriers and NVOCCs must not mark up these charges above cost. (c) Controlled carriers. [64 FR 11225, Mar. 8, 1999, as amended at 89 FR 32, Jan. 2, 2024] § 520.9 Access to tariffs. (a) Methods to access. (b) Internet connection. (2) Carriers or conferences must ensure that their internet service providers provide static internet addresses. (c) Tariff availability. (2) Carriers and conferences must provide free access to their tariff publication system. (3) Tariff publication systems must provide user instructions for access to tariff information. (d) Federal agencies. (e) User identifications. [89 FR 32, Jan. 2, 2024] § 520.10 Integrity of tariffs. (a) Historical data. (b) Access date capability. i.e., (c) Periodic review. (d) Access to systems. [64 FR 11225, Mar. 8, 1999, as amended at 89 FR 32, Jan. 2, 2024] § 520.11 Non-vessel-operating common carriers. (a) Financial responsibility. (1) That it has furnished the Commission proof of its financial responsibility in the manner and amount required by part 515 of this chapter; (2) The manner of its financial responsibility; (3) Whether it is relying on coverage provided by a group or association to which it is a member; (4) The name and address of the surety company, insurance company, or guarantor issuing the bond, insurance policy, or guaranty; (5) The number of its bond, insurance policy, or guaranty; and (6) Where applicable, the name and address of the group or association providing coverage. (b) Agent for service. (c) Co-loading. (1) If two or more NVOCCs enter into an agreement which establishes a carrier-to-carrier relationship for the co-loading of cargo, then the existence of such agreement must be noted in the tariff. Carrier-to-carrier relationships apply to the co-loading of less than container loads of cargo only. (2) If two NVOCCs enter into a co-loading arrangement which results in a shipper-to-carrier relationship, the tendering NVOCC must describe its co-loading practices and specify its responsibility to pay any charges for the transportation of the cargo. A shipper-to-carrier relationship is presumed to exist where the receiving NVOCC issues a bill of lading to the tendering NVOCC for carriage of the co-loaded cargo. Shipper-to-carrier relationships may apply to the co-loading of full container loads or less than container loads of cargo. (3) An NVOCC which tenders cargo to another NVOCC for co-loading, whether under a shipper-to-carrier or carrier-to-carrier relationship, shall annotate each applicable bill of lading with the identity of any other NVOCC to which the shipment has been tendered for co-loading. Such annotation shall be shown on the face of the bill of lading in a clear and legible manner. [89 FR 32, Jan. 2, 2024] § 520.12 Time/Volume rates. (a) General. (b) Publication requirements. (2) The tariff must identify: (i) The shipment records that will be maintained to support the rate; and (ii) The method to be used by shippers giving notice of their intention to use a time/volume rate prior to tendering any shipments under the time/volume arrangement. (c) Accepted rates. (d) Records. (e) Liquidated damages. [64 FR 11225, Mar. 8, 1999, as amended at 89 FR 33, Jan. 2, 2024] § 520.13 Exemptions and exceptions. (a) General. (b) Services. (1) Equipment interchange agreements. (2) Controlled carriers in foreign commerce. (i) The vessels of the controlling state are entitled by a treaty of the United States to receive national or most-favored-nation treatment; or (ii) The controlled carrier operates in a trade served exclusively by controlled carriers. (3) Terminal barge operators in Pacific Slope states. (i) The cargo is moving between a point in a foreign country or a non-contiguous State, territory, or possession and a point in the United States; (ii) The transportation by barge between points in the United States is furnished by a terminal operator as a service substitute in lieu of a direct vessel call by the common carrier by water transporting the containers or containerized cargo under a through bill of lading; and (iii) Such terminal operator is a Pacific Slope state, municipality, or other public body or agency subject to the jurisdiction of the Commission, and the only one furnishing the particular circumscribed barge service in question as of January 2, 1975. (c) Cargo types. (1) Bulk cargo, forest products, etc. (2) Mail in foreign commerce. (3) Used military household goods. (4) Department of Defense cargo. (5) Used household goods—General Services Administration. (d) Services involving foreign countries. (1) Between foreign countries. (2) Between Canada and U.S. (i) Prince Rupert and Alaska Vehicles. ( 1 ( 2 ( 3 ( 4 (B) Passengers. (ii) British Columbia and Puget Sound Ports; rail cars Through rates. ( 1 ( 2 (B) Bulk; port-to-port. ( 1 ( 2 (e) NVOCC Negotiated Rate Arrangements. An NVOCC that satisfies the requirements of part 532 of this chapter is exempt from the requirement in this part that it include rates in a tariff open to public inspection in an automated tariff system. [64 FR 11225, Mar. 8, 1999, as amended at 74 FR 50722, Oct. 1, 2009; 76 FR 11360, Mar. 2, 2011; 78 FR 42888, July 18, 2013; 89 FR 33, Jan. 2, 2024] § 520.14 Special permission. (a) General. (b) Clerical errors. (c) Application. (2) Applications for special permission must be made by letter, submitted via mail or email, followed promptly by electronic payment of the filing fee. (3) Applications for special permission must contain the following information: (i) Organization name, number and trade name of the conference or carrier; (ii) Tariff number and title; (iii) The rate, commodity, or rules related to the application, and the special circumstances which the applicant believes constitute good cause to depart from the requirements of this part or to warrant a tariff change upon less than the statutory notice period; and (iv) A statement that identifies any part(s) of the application for which confidential treatment is sought and a justification for such confidential treatment. In such cases, the applicant must provide both a confidential version and a public version of the application. (d) Implementation. [64 FR 11225, Mar. 8, 1999, as amended at 67 FR 39860, June 11, 2002; 70 FR 10330, Mar. 3, 2005; 74 FR 50722, Oct. 1, 2009; 81 FR 59144, Aug. 29, 2016; 83 FR 50294, Oct. 5, 2018; 85 FR 72578, Nov. 13, 2020; 88 FR 16898, Mar. 21, 2023; 89 FR 33, Jan. 2, 2024] § 520.91 OMB control number assigned pursuant to the Paperwork Reduction Act. The Commission has received OMB approval for this collection of information pursuant to the Paperwork Reduction Act of 1995, as amended. In accordance with the Act, agencies are required to display a currently valid control number. The valid control number for this collection of information is 3072-0064. Appendix A to Part 520—Standard Terminology and Codes I—Publishing/Amendment Type Codes Code Definition A Increase. C Change resulting in neither increase nor decrease in rate or charges. E Expiration (also use “A” if the deletion results in the application of a higher “cargo, n.o.s.” or similar rate). I New or initial matter. K Rate or change filed by a controlled common carrier member of a conference under independent action. M Transportation of U.S. Department of Defense cargo by American-flag common carriers. P Addition of a port or point. R Reduction. S Special Case matter filed pursuant to Special Permission, Special Docket or other Commission direction, including filing of tariff data after suspension, such as for controlled carriers. Requires “Special Case Number.” T Terminal Rates, charges or provisions or canal tolls over which the carrier has no control. W Withdrawal of an erroneous publication on the same publication date. X Exemption for controlled carrier data in trades served exclusively by controlled carriers or by controlled carriers of states receiving most-favored-nation treatment. II—Unit Codes A. Weight Units: Kilograms KGS 1000 Kgs (Metric Ton) KT Pounds LBS Long Ton (2240 LBS) LT Short Ton (2000 LBS) ST B. Volume Units: Cubic meter CBM Cubic feet CFT C. Length Units: Centimeters CM Feet FT Inches IN Meters M D. Measure Board Feet: Thousand Board Feet MBF E. Distance Units: Kilometers KM Miles MI F. Rate Basis: Ad Valorem AV Each EA Lump Sum LS Measure M Thousand Board Feet MBF Per Container PC Weight W Weight/Measure WM G. Container Size Codes: Not Applicable N/A Less Than Load LTL 10 FT Any Height 10X 20 FT 8′6″ 20 20 FT 9′0″ High Cube 20A 20 FT 9′6″ High Cube 20B 20 FT 8′0″ 20S 20 FT Any Height 20X 24 FT 8′6″ 24 24 FT 9′0″ High Cube 24A 24 FT 9′6″ High Cube 24B 24 FT 8′0″ 24S 24 FT Any Height 24X 35 FT 8′6″ 35 35 FT 9′0″ High Cube 35A 35 FT 9′6″ High Cube 35B 35 FT 8′0″ 35S 35 FT Any Height 35X 40 FT 8′6″ 40 40 FT 9′0″ High Cube 40A 40 FT 9′6″ High Cube 40B 40 FT 8′0″ 40S 40 FT Any Height 40X 42 FT 8′6″ 42 42 FT 9′0″ High Cube 42A 42 FT 9′6″ High Cube 42B 42 FT 8′0″ 42S 42 FT Any Height 42X 43 FT 8′6″ 43 43 FT 9′0″ High Cube 43A 43 FT 9′6″ High Cube 43B 43 FT 8′0″ 43S 43 FT Any Height 43X 45 FT 8′6″ 45 45 FT 9′0″ High Cube 45A 45 FT 9′6″ High Cube 45B 45 FT 8′0″ 45S 45 FT Any Height 45X 48 FT 8′6″ 48 48 FT 9′0″ High Cube 48A 48 FT 9′6″ High Cube 48B 48 FT 8′0″ 48S 48 FT Any Height 48X 53 FT 8′6″ 53 53 FT 9′0″ High Cube 53A 53 FT 9′6″ High Cube 53B 53 FT 8′0″ 53S 53 FT Any Height 53X H. Container Type Codes: Not Applicable N/A Atmosphere Control AC Collapsible Flatrack CF Drop Frame DF Flat Bed FB Flat Rack FR Garment Container GC Half-Height HH Hardtop HT Insulated IN Open Top OT Dry PC Platform PL Reefer RE Tank TC Top Loader TL Trailer TR Vehicle Racks VR I. Container Temperature Codes: Not Appl/Operating N/A Artificial Atmo Ctrl AC Chilled CLD Frozen FRZ Heated HTD Refrigerated RE Ventilated VEN J. Packaging Codes: Bag BAG Bale BAL Bar BAR Barrel BBL Bundle BDL Beam BEM Bing Chest BIC Bin BIN Bulk BLK Bobbin BOB Box BOX Barge BRG Basket/Hamper BSK Bushel BUS Box, with Inner Cntn BXI Bucket BXT Cabinet CAB Cage CAG Can CAN Carrier CAR Case CAS Cntnrs of Bulk Cargo CBC Carboy CBY Can Case CCS Cheeses CHE Core COR Cradle CRD Crate CRT Cask CSK Carton CTN Cylinder CYL Dry Bulk DBK Double-length Rack DRK Drum DRM Double-length Skid DSK Double-length DTB Firkin FIR Flo-Bin FLO Frame FRM Flask FSK Forward Reel FWR Garment on Hanger GOH Heads of Beef HED Hogshead HGH Hopper Car HPC Hopper Truck HPT On Hanger/Rack in bx HRB Half-Standard Rack HRK Half-Stand. Tote Bin HTB Jar JAR Keg KEG Kit KIT Knockdown Rack KRK Knockdown Wood Crates KWC Knockdown Tote Bin KTB Liquid Bulk LBK Lifts LIF Log LOG Loose LSE Lug LUG Lift Van LVN Multi-roll Pak MRP Noil NOL Nested NST Pail PAL Packed—NOS PCK Pieces PCS Pirns PIR Package PKG Platform PLF Pipe Line PLN Pallet PLT Private Vehicle POV Pipe Rack PRK Quarters of Beef QTR Rail (semiconductor) RAL Rack RCK Reel REL Roll ROL Reverse Reel RVR Sack SAK Shook SHK Sides of Beef SID Skid SKD Skid, Elev, Lift Trk SKE Sleeve SLV Spin Cylinders SPI Spool SPL Tube TBE Tote Bin TBN Tank Car Rail TKR Tank Truck TKT Intermdl Trlr/Cntnr TLD Tank TNK Tierce TRC Trunk and Chest TRK Tray TRY Trunk, Salesmen Samp TSS Tub TUB Unpacked UNP Unit UNT Vehicles VEH Van Pack VPK On Own Wheels WHE Wheeled Carrier WLC Wood Crates WC Wrapped WRP Not Applicable N/A K. Shipment Stowage Location Codes: Not Applicable N/A On Deck OD Bottom Stowage BS L. Hazard Codes: Not Applicable N/A IMD Stow Category A A IMD Stow Category B B IMD Stow Category C C IMD Stow Category D D IMD Stow Category E E Hazardous HAZ Non-Hazardous NHZ M. Stuffing/Stripping Modes: Not Applicable N/A Mechanical MECH Hand Loading HAND N. Inland Transportation Modes: Not Applicable N/A Motor M Rail R Barge B Motor/Rail MR Rail/Motor RM Motor/Barge MB Barge/Motor BM Rail/Barge RB Barge/Rail BR O. Shipment Service Types: Barge B Door D House H Motor M Ocean Port O Pier P Rail Yard R Container Station S Terminal T Container Yard Y Rail Siding U Team Tracks X P. Freight Forwarder/Broker Type Codes: Not Applicable N/A Freight Forwarder FF Customs House Broker CB Other OTH Q. Tariff Type Codes: Bill of Lading Tariff BL Equipment Interchange Agreement Tariff EI Essential Terms Publication ET Foreign Commodity Tariff FC Foreign Rules Tariff FR Terminal Tariff TM Service Contracts SC