46 CFR § 535.311 - Low market share agreements—exemption.

---
identifier: "/us/cfr/t46/s535.311"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "46 CFR § 535.311 - Low market share agreements—exemption."
title_number: 46
title_name: "Shipping"
section_number: "535.311"
section_name: "Low market share agreements—exemption."
chapter_name: "FEDERAL MARITIME COMMISSION"
subchapter_number: "B"
subchapter_name: "REGULATIONS AFFECTING OCEAN SHIPPING IN FOREIGN COMMERCE"
part_number: "535"
part_name: "OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "69 FR 64414, Nov. 4, 2004, unless otherwise noted."
cfr_part: "535"
---


# 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) 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); 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).

(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).

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