(a) Non-substantive modifications to effective agreements. A non-substantive modification to an effective agreement between ocean common carriers and/or marine terminal operators, acting individually or through approved agreements, is one which:
- (1) Reflects changes in the name of any geographic locality stated therein, the name of the agreement or the name of a party to the agreement, the names and/or numbers of any other section 4 agreement (46 U.S.C. 40301(a)-(c)) or designated provisions thereof referred to in an agreement;
- (2) Corrects typographical and grammatical errors in the text of the agreement or renumbers or reletters articles or sub-articles of agreements and references thereto in the text; or
- (3) Reflects changes in the titles of persons or committees designated therein or transfers the functions of such persons or committees to other designated persons or committees or which merely establishes a committee.
(b) Other Miscellaneous Modifications to effective agreements. A miscellaneous modification to an effective agreement is one that:
- (1) Cancels the agreement or a portion thereof;
- (2) Deletes an agreement party;
- (3) Changes the parties to a conference agreement or a discussion agreement among passenger vessel operating common carriers that is open to all ocean common carriers operating passenger vessels of a class defined in the agreements and that does not contain ratemaking, pooling, joint service, sailing or space chartering authority; or
- (4) Changes the officials of the agreement and delegations of authority.
- (c) A copy of a modification described in (a) or (b) of this section shall be submitted to the Commission but is otherwise exempt from the waiting period requirement of the Act and this part.
- (d) Parties to agreements may seek a determination from the General Counsel as to whether a particular modification is a non-substantive or other miscellaneous modification within the meaning of this section.
- (e) The filing fee for non-substantive or other miscellaneous modifications is provided in § 535.401(g).
[69 FR 64414, Nov. 4, 2004, as amended at 74 FR 50727, Oct. 1, 2009; 90 FR 26223, June 20, 2025]