46 CFR § 535.705 - Application for waiver.

---
identifier: "/us/cfr/t46/s535.705"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "46 CFR § 535.705 - Application for waiver."
title_number: 46
title_name: "Shipping"
section_number: "535.705"
section_name: "Application for waiver."
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: "2026-04-05"
last_updated: "2026-04-05"
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"
---


# 535.705 Application for waiver.

(a) Upon a showing of good cause, the Commission may waive any requirement of this subpart.

(b) A request for such a waiver must be submitted and approved by the Commission in advance of the filing of the Monitoring Report or minutes to which the requested waiver would apply. Requests for a waiver shall be submitted in writing to the General Counsel, Federal Maritime Commission, Washington, DC 20573-0001, and shall state and provide the following:

(1) The specific requirements from which relief is sought;

(2) The special circumstances requiring the requested relief;

(3) Relevant trade and industry data and information to substantiate and support the special circumstances requiring the requested relief; and

(4) Why granting the requested waiver will not substantially impair effective monitoring of the agreement.

(c) The Commission may take into account the presence or absence of shipper complaints as well as the past compliance of the agreement parties with any reporting requirement under this part in considering an application for a waiver.

[69 FR 64414, Nov. 4, 2004, as amended at 90 FR 26223, June 20, 2025]