---
kind: "section"
citation: "46 C.F.R. § 530.13"
title: "46"
number: "530.13"
heading: "Exceptions and exemptions."
url: "https://uscodex.org/cfr/46/530.13"
---

# §530.13. Exceptions and exemptions.

- (a) **Statutory exceptions.** Service contracts for the movement of the following, as defined in section 3 of the Act ([46 U.S.C. 40102](/usc/46/40102.md)), [§ 530.3](/cfr/46/530.3.md) or [§ 520.2](/cfr/46/520.2.md) of this chapter, are excepted by section 8(c) of the Act ([46 U.S.C. 40502](/usc/46/40502.md)) from the requirements of that section, and are therefore not subject to the requirements of this part:
  - (1) Bulk cargo;
  - (2) Forest products;
  - (3) Recycled metal scrap;
  - (4) New assembled motor vehicles; and
  - (5) **Waste paper or paper waste.**
- (b) **Commission exemptions.** Exemptions from the requirements of this part are governed by [46 U.S.C. 40103(a)](/usc/46/40103.md?p=a) and §§ [502.10](/cfr/46/502.10.md) and [502.92](/cfr/46/502.92.md) of this chapter. The following commodities and/or services are exempt from the requirements of this part:
  - (1) **Mail in foreign commerce.** Transportation of mail between the United States and foreign countries.
  - (2) **Department of Defense cargo.** Transportation of U.S. Department of Defense cargo moving in foreign commerce under terms and conditions negotiated and approved by the Surface Deployment and Distribution Command and published in a universal service contract. An exact copy of the universal service contract, including any amendments thereto, shall be filed with the Commission as soon as it becomes available.
- (c) **Inclusion of excepted or exempted matter.**
  - (1) The Commission will not accept for filing service contracts which exclusively concern the commodities or services listed in paragraph [(a)](#a) or [(b)](#b) of this section.
  - (2) Service contracts filed with the Commission may include the commodities or services listed in paragraph [(a)](#a) or [(b)](#b) of this section only if:
    - (i) There is a tariff of general applicability for the transportation, which contains a specific commodity rate for the commodity or service in question; or
    - (ii) The service contract itself sets forth a rate or charge which will be applied if the contract is canceled, as defined in [§ 530.10(a)(3)](/cfr/46/530.10.md?p=a-3).
- (d) **Waiver.** Upon filing a service contract pursuant to [paragraph (c)](#c) of this section, the service contract shall be subject to the same requirements as those for service contracts generally.
- (e) **Essential terms publication exemption.** Ocean common carriers are exempt from the requirement in [46 U.S.C. 40502(d)](/usc/46/40502.md?p=d) to publish and make available to the general public in tariff format a concise statement of certain essential terms when a service contract is filed with the Commission.

## Notes

### Amendments

[64 FR 23793, May 4, 1999, as amended at 74 FR 50724, Oct. 1, 2009; 85 FR 23229, Apr. 27, 2020; 85 FR 38089, June 25, 2020; 86 FR 21662, Apr. 23, 2021]

### Authority

Authority: 5 U.S.C. 553; 46 U.S.C., 40301-40306, 40501-40503, 41307, 46105.

### Source

Source: 64 FR 11206, Mar. 8, 1999, unless otherwise noted.

### Amendments

[64 FR 23793, May 4, 1999, as amended at 74 FR 50724, Oct. 1, 2009; 85 FR 23229, Apr. 27, 2020; 85 FR 38089, June 25, 2020; 86 FR 21662, Apr. 23, 2021]