What are confidentiality and content requirements regarding an NSA filing?
The terms of NSAs by the parties are to be kept confidential to the fullest extent permitted by law, and required to be filed with the FMC. Every NSA filed with the Commission is required to include the complete terms of the NSA including, but not limited to, the following: (1) the origin and destination port ranges in the case of port-to-port movements and geographic areas in the case of through intermodal movements; (2) the commodity or commodities involved; (3) minimum volume or portion; (4) service commitments; (5) line haul rate; (6) liquidated damages for non-performance (if any); (7) duration, including the effective date and expiration date; (8) legal names and business addresses of the NSA parties; the legal names of all affiliates of the NSA shipper entitled to access the NSA; the names, titles and addresses of the representatives signing the NSA for the parties; (9) a description of the shipment records which will be maintained to support the NSA and the address, telephone n
