The Federal Maritime Commission (FMC) announced on Sept. 13, 2022, that it is seeking public comment on a Notice of Proposed Rulemaking (NPRM) addressing what constitutes an unreasonable refusal to deal or negotiate with...more
Since its passage on June 16, 2022, the shipping industry is understandably focused on the implications of the Ocean Shipping Reform Act of 2022 (OSRA) (Pub. Law No. 117-146, 2022 Enacted S. 3580), and the rulemakings that...more
The Federal Maritime Commission (FMC or the Commission) met during both open and closed session on Jan. 27, 2022, to discuss the Commission's efforts to address ocean carriers' detention and demurrage practices, as well as...more
2/8/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Antitrust Division ,
Biden Administration ,
Common Carriers ,
Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Maritime Commission ,
Maritime Transport ,
Memorandum of Understanding ,
Shipping ,
Shipping Cargo ,
Vessels
Cargo congestion has reached historic proportions during the COVID-19 pandemic as the demand for imports by U.S. consumers and businesses has skyrocketed combined with an increase in operational disruptions. The effect has...more
U.S. Customs and Border Protection (CBP) earlier this year for the first time expressly found that the Jones Act applies to transportation of merchandise from a U.S. port to a location on the U.S. outer continental shelf...more
What to Look for in Ocean Shipping and Offshore Industries in 2021 -
Once he assumes office on Jan. 20, 2021, President-Elect Joe Biden will quickly need to develop a comprehensive strategy regarding U.S. ocean trade,...more
The Federal Maritime Commission's (FMC) final rule "Docket No. 19-05, Interpretive Rule on Demurrage and Detention Under the Shipping Act" (Final Rule), which took effect on May 18, 2020, after being published in the Federal...more
The Federal Maritime Commission (FMC) has issued a Final Rule allowing the Commission more flexibility in issuing exemptions with respect to service contracts filed by vessel operating common carriers (VOCCs). 85 Fed. Reg....more
As the maritime industry continues to adjust to the implementation of the International Maritime Organization's (IMO) 2020 global low-sulfur fuel regulations, key parts of the China Ministry of Transportation's (MOT) "2020...more
The Federal Maritime Commission (FMC) issued a notice of proposed rulemaking on Feb. 14, 2020, proposing to change the publication requirements related to ocean service contracts. Currently, VOCCs must file with the FMC each...more
A steady stream of recent developments has flowed as the maritime industry grapples with implementing the International Maritime Organization's (IMO) 2020 global low-sulfur fuel rules. Recent announcements by the Suez Canal...more
The Federal Maritime Commission (FMC) voted in a closed session on Sept. 26, 2019, to eliminate the requirement for vessel operators to publish essential terms of their service contracts. The decision is a response to a...more
10/1/2019
/ Contract Terms ,
Federal Maritime Commission ,
Filing Requirements ,
Maritime Transport ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Service Agreements ,
Service Contracts ,
Shipping ,
Transportation Industry ,
Vessels
For background information regarding open-loop scrubber environmental studies by the Japanese Ministry of Land, Infrastructure, Transportaiton and Tourism (MLIT) and the classification society Det Norske Veritas Germanischer...more
Comprehensive studies regarding the environmental effects of discharges from vessel's open-loop scrubbers released during the last several weeks by the Japanese Ministry of Land, Infrastructure, Transport and Tourism (MLIT)...more
3/8/2019
/ Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
European Commission ,
Germany ,
Informational Studies ,
Japan ,
Maritime Transport ,
Ports ,
Vessels ,
Water
• The Federal Maritime Commission (FMC) has adopted an interpretive rule that tightens certain prohibitions under the 1984 Shipping Act. Specifically, the change tightens the Section 10(d)(a) prohibition against regulated...more
• The Federal Maritime Commission Authorization Act of 2017 was signed into law by President Donald Trump on Dec. 4, 2018, marking the first substantive revision to the U.S. Shipping Act, 46 U.S.C. § 40101 et seq. (the...more
12/6/2018
/ Amended Legislation ,
Anti-Competitive ,
Antitrust Provisions ,
Coast Guard ,
Department of Justice (DOJ) ,
Federal Maritime Commission ,
Injunctive Relief ,
Maritime Transport ,
NVOCCs ,
Reporting Requirements ,
Shipping Cargo ,
Tariffs ,
Trump Administration ,
Vessels
• The Federal Maritime Commission (FMC) issued Final Rules pertaining to Non-Vessel Operating Common Carrier (NVOCC) Service Agreements (NSAs) and Negotiated Rate Agreements (NRAs) that will become effective Aug. 22,...more
7/25/2018
/ Compliance Costs ,
Federal Maritime Commission ,
Filing Requirements ,
Final Rules ,
Negotiated Rate Agreements ,
NVOCCs ,
Regulatory Oversight ,
Service Agreements ,
Shipping ,
Shipping Cargo ,
Tariffs ,
Vessels
In the wake of a hearing held by the Federal Maritime Commission (FMC) in January regarding detention, demurrage, and per diem charges, the FMC voted on Monday, March 5, to launch an investigation focusing on the practices of...more
• Four bills are currently pending in Congress to repeal or limit the reach of the Jones Act, including three that are focused upon relief efforts to assist Puerto Rico after the disastrous effects of Hurricane Maria.
•...more
10/24/2017
/ Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Disaster Aid ,
Hurricane Maria ,
Jones Act ,
Maritime Transport ,
Pending Legislation ,
Proposed Legislation ,
Puerto Rico ,
Reconstruction ,
Vessels ,
Waivers
Acting Secretary of Homeland Security Elaine Duke on Sept. 28, 2017, approved a waiver of the Jones Act in response to the severe impact Hurricanes Irma and Maria have had on Puerto Rico. The U.S. Department of Homeland...more
9/28/2017
/ Commodities ,
Department of Homeland Security (DHS) ,
Fuel Supply ,
Hurricane Irma ,
Hurricane Maria ,
Jones Act ,
Oil & Gas ,
Puerto Rico ,
Secretary of DHS ,
Vessels ,
Waivers
The U.S. Department of Homeland Security (DHS) on Sept. 27, 2017, said that it has not formally denied a Jones Act waiver for Puerto Rico requested on Sept. 25 by Rep. Nydia Velázquez (D-N.Y.) and seven other members of the...more
Acting Secretary of Homeland Security Elaine Duke has issued an extension of the original Sept. 8 Jones Act waiver to Sept. 22. The extended waiver, dated Sept. 11, 2017, but only recently posted by the U.S. Department of...more
• A disruption of refinery operations and ocean shipping on the U.S. Gulf Coast in the wake of Hurricane Harvey may spur oil industry requests for a waiver of the Jones Act to permit non-U.S. vessels to move crude oil and...more
• Sen. John McCain's proposed "Open America's Waters Act of 2017" is the Arizona Republican's fourth effort to eliminate or sharply pare back Jones Act cabotage restrictions in the past eight years.
• McCain's latest...more
Cybersecurity risks to the nation's critical infrastructure (CI) – defined as 17 CI sectors, including the transportation and maritime sector – continue to grow exponentially. The U.S. government and Department of Homeland...more