---
kind: "section"
citation: "46 C.F.R. § 535.301"
title: "46"
number: "535.301"
heading: "Exemption procedures."
url: "https://uscodex.org/cfr/46/535.301"
---

# §535.301. Exemption procedures.

- (a) **Authority.** The Commission, upon application or its own motion, may by order or rule exempt for the future any class of agreement involving ocean common carriers and/or marine terminal operators from any requirement of the Act if it finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce.
- (b) **Optional filing.** Notwithstanding any exemption from filing, or other requirements of the Act and this part, any party to an exempt agreement may file such an agreement with the Commission.
- (c) **Application for exemption.** Applications for exemptions shall conform to the general filing requirements for exemptions set forth at [§ 502.67](/cfr/46/502.67.md) of this title.
- (d) **Retention of agreement by parties.** Any agreement that has been exempted by the Commission pursuant to section 16 of the Act ([46 U.S.C. 40103](/usc/46/40103.md)) shall be retained by the parties and shall be available upon request by the Office of the General Counsel for inspection during the term of the agreement and for a period of three years after its termination.

## Notes

### Amendments

[69 FR 64414, Nov. 4, 2004, as amended at 74 FR 50727, Oct. 1, 2009; 90 FR 26223, June 20, 2025]

### Authority

Authority: 5 U.S.C. 553; 46 U.S.C., 40101-40104, 40301-40307, 40501-40503, 40901-40904, 41101-41109, 41301-41302, and 41305-41307, 46105.

### Source

Source: 69 FR 64414, Nov. 4, 2004, unless otherwise noted.

### Amendments

[69 FR 64414, Nov. 4, 2004, as amended at 74 FR 50727, Oct. 1, 2009; 90 FR 26223, June 20, 2025]