(a) Statutory exceptions. NSAs for the movement of the following, as defined in section 3 of the Act (46 U.S.C. 40102) and Sec. 530.3 or Sec. 520.2 of this chapter, are not subject to the conditions of this exemption:
(1) Bulk cargo;
(2) Forest products;
(3) Recycled metal scrap;
(4) New assembled motor vehicles; and
(5) Waste paper or paper waste.
(b) Commission exemptions. The following commodities and/or services are not subject to the conditions of this exemption:
(1) Mail in foreign commerce. Transportation of mail between the United States and foreign countries.
(2) Department of Defense cargo. Transportation of U.S. Department of Defense cargo moving in foreign commerce under terms and conditions approved by the Military Transportation Management Command and published in a universal service contract. An exact copy of the universal service contract, including any amendments thereto, shall be filed with the Commission as soon as it becomes available.
(c) Inclusion of excepted or exempted matter. (1) The Commission will not accept for filing NSAs which exclusively concern the commodities or services listed in paragraph (a) or (b) of this section.
(1) The Commission will not accept for filing NSAs which exclusively concern the commodities or services listed in paragraph (a) or (b) of this section.
(2) NSAs filed with the Commission may include the commodities or services listed in paragraph (a) or (b) of this section only if:
(i) There is a tariff of general applicability for the transportation, which contains a specific commodity rate for the commodity or service in question; or
(ii) The NSA itself sets forth a rate or charge which will be applied if the NSA is canceled, as defined in Sec. 531.3(e) and Sec. 531.8(d).
(d) Waiver. Upon filing an NSA pursuant to paragraph (c) of this section, the NSA shall be subject to the same requirements as those for NSAs generally. [69 FR 75853, Dec. 20, 2004, as amended at 74 FR 50725, Oct. 1, 2009]