Can a non-binding discussion agreement publish a common tariff?
No. Section 8(a)(1) of the Shipping Act only recognizes tariffs of individual common carriers or conferences. Moreover, the definition of “tariff” in 46 CFR 520.2 states that it is ” . . . a publication containing the actual rates, charges, classifications, rules, regulations and practices of a common carrier or a conference of common carriers.” The definition further notes that “practices” in tariffs, ” . . . in the case of conferences, must be restricted to activities authorized by the basic conference agreement.
No. The Shipping Act of 1984, as amended only recognizes tariffs of individual common carriers or conferences. Moreover, the definition of “tariff” in 46 C.F.R. ยง 520.2 states that it is “a publication containing the actual rates, charges, classifications, rules, regulations and practices of a common carrier or a conference of common carriers.” The definition further notes that “practices” in tariffs, “in the case of conferences, must be restricted to activities authorized by the basic conference agreement.
