How to File An Marine Terminal Operator (MTO) Agreement

A marine terminal agreement that comes under the jurisdiction of the Commission is an agreement or understanding, either written or oral, that relates to marine terminal facilities and/or services.Marine terminal agreements may be among marine terminal operators or among one or more marine terminal operators and one or more ocean common carriers.

To file a marine terminal agreement with the Commission the filing party should submit the following materials to the Secretary , Federal Maritime Commission, 800 North Capitol Street, N.W., Room 1046, Washington, DC 20573 :

• An original, signed copy of the agreement along with seven copies;
  
• A letter of transmittal identifying all documents being submitted (in the case of an amendment, the agreement's full name and assigned FMC agreement number) — This letter should also contain a concise summary of the agreement and identify all parties to the agreement;
  
• Some MTO agreements are required to be reviewed by the Commission. These include any agreements that involve rates, charges, practices, and conditions of service relating to the receipt, handling and/or delivery of passengers or cargo. The appropriate filing fee for agreements that require Commission review is $1,780. For marine terminal agreements that qualify for an exemption from the Shipping Act's 45-day waiting period, the fee is $75. For more information on which agreements are exempt and which must be reviewed, please contact us or visit the regulations at 46 CFF § 535.308(c).
  

If there are any questions regarding the filing of marine terminal agreements, contact the Commission'sOffice of Agreements at 202-523-5793 or tradeanalysis@fmc.gov.