---
kind: "section"
citation: "46 C.F.R. § 535.311"
title: "46"
number: "535.311"
heading: "Low market share agreements—exemption."
url: "https://uscodex.org/cfr/46/535.311"
---

# §535.311. Low market share agreements—exemption.

- (a) Low market share agreement means any agreement among ocean common carriers which contains none of the authorities listed in [§ 535.502(b)](/cfr/46/535.502.md?p=b) and for which the combined market share, based on cargo volume, of the parties in any of the agreement's sub-trades is either:
  - (1) Less than 30 percent, if all parties are members of another agreement in the same trade or sub-trade containing any of the authorities listed in [§ 535.502(b)](/cfr/46/535.502.md?p=b); or
  - (2) Less than 35 percent, if at least one party is not a member of another agreement in the same trade or sub-trade containing any of the authorities listed in [§ 535.502(b)](/cfr/46/535.502.md?p=b).
- (b) Low market share agreements are exempt from the waiting period requirement of the Act and this part, and are effective on filing.
- (c) Parties to agreements may seek a determination from the General Counsel, as to whether a proposed agreement meets the general definition of a low market share agreement.
- (d) The filing fee for low market share agreements is provided in [§ 535.401(g)](/cfr/46/535.401.md?p=g).

## Notes

### Amendments

[69 FR 64414, Nov. 4, 2004, as amended at 70 FR 20303, Apr. 19, 2005; 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 70 FR 20303, Apr. 19, 2005; 90 FR 26223, June 20, 2025]