Guidance on Amended Service Contract

On March 6th, 2017 the FMC voted to approved regulatory changes to Service Contract regulations.

The final rule became effective on May 5th, 2017.

Frequently Asked Questions relating to the Final Rule

Updates and Changes to the Regulations

The final rule will allow the filing of amendments in FMC’s SERVCON within 30 days of the effective date of the agreement reached between the shipper and carrier.

In addition to the 30-day SERVCON change, the updated rule allows:

  • The filing of Corrected Transmissions within 30 days of the service contract amendment filing;
  • A service contract correction request to be filed within 180 days of the contract’s filing with the Commission;
  • Amendments become effective on the date specified by the parties, so long as the amendment is filed no later than 30 days after the agreement is reached.

Table Summarizing Changes

Requirement

Old Rule

Updated Rule

Filling of original service contracts through SERVCON

Required on or before effective date

Required on or before effective date

Deadline for filing amendments

Prior to receipt of cargo

Within 30 days of scheduled effective date

Filling amendments in sequential order

Required

Required

Filling Corrected Transmissions (CTs)

Within 48 hours

Within 30 days

Filing a clerical or administrative error

Within 45 days

Within 180 days

Combining multiple changes in a single amendment

Not allowed unless filed the same day

Allowed

 

Reference

For Service Contracts

46 C.F.R. §§ 530.3(i) and 530.14(a)

46 C.F.R. § 530.8(d)(2)

For corrected transmissions (CTs) and clerical errors

46 C.F.R. §§ 530.10(d)