---
kind: "section"
citation: "46 C.F.R. § 535.302"
title: "46"
number: "535.302"
heading: "Exemptions for certain modifications of effective agreements."
url: "https://uscodex.org/cfr/46/535.302"
---

# §535.302. Exemptions for certain modifications of effective agreements.

- (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](/cfr/46/4.md) agreement ([46 U.S.C. 40301(a)-(c)](/usc/46/40301.md?p=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)](/cfr/46/535.401.md?p=g).

## 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]