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
Commissioner Rebecca F. Dye of the Federal Maritime Commission (FMC or the Commission) has released her Final Report for Fact Finding 29 titled "The Effects of COVID-19 on the U.S. International Ocean Transportation Supply...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
The Federal Maritime Commission (FMC) announced on Sept. 15, 2021, that it would move forward with two demurrage-and-detention related initiatives proposed by Commissioner Rebecca F. Dye as part of Fact Finding 29.
The...more
Daily life has changed during the COVID-19 pandemic. Many expect that some of these changes will become part of the "new normal" when the pandemic is over. The Federal Maritime Commission (FMC) has gotten a head start on this...more
The Federal Maritime Commission (FMC) has issued a final rule exempting vessel operating common carriers (VOCCs) from publishing "essential terms" of service contracts. The final rule took effect on its publication date of...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
The Federal Maritime Commission (FMC) on March 31, 2020, issued an order – Fact Finding No. 29 International Ocean Transportation Supply Chain Engagement – to develop improvements to U.S. ocean transportation supply chains to...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
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
The Federal Maritime Commission (FMC) in March 2018 directed Commissioner Rebecca F. Dye to initiate a fact finding investigation (Fact Finding 28) into demurrage and detention practices at U.S. ports. Commissioner Dye issued...more
• The Federal Maritime Commission (FMC) has published a series of proposed rule changes covering licensing, financial responsibility requirements and general duties pertaining to ocean transportation intermediaries.
• The...more
• 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
• On March 5, 2018, the Federal Maritime Commission directed Commissioner Rebecca F. Dye to initiate a fact finding investigation (Fact Finding 28) into demurrage and detention practices at U.S. ports.
• Commissioner Dye...more
12/12/2018
/ Advisory Board ,
Demurrers ,
Detention ,
Dispute Resolution ,
Exports ,
Federal Maritime Commission ,
Final Report ,
Imports ,
Maritime Transport ,
Shipping Cargo ,
Supply Chain
• 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
El 6 de junio de 2018, la Comisión Federal Marítima de Estados Unidos (FMC por su sigla en inglés) aprobó en un voto un unánime (3-0) ciertos cambios que aliviarán las cargas regulatorias sobre intermediarios de transporte...more
On June 6, 2018, the Federal Maritime Commission (FMC) voted unanimously (3-0) to approve significant changes that will relieve regulatory burdens on Ocean Transportation Intermediaries (OTI) and simplify requirements for...more
• The White House Office of Information and Regulatory Affairs (OIRA) is soliciting public comment on ways to reduce regulatory costs and restrictions on the U.S. maritime industry.
• For maritime industry stakeholders,...more
5/29/2018
/ BOEM ,
CEQ ,
Coast Guard ,
Code of Federal Regulations (CFR) ,
Comment Period ,
Cooperation ,
Customs and Border Protection ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Maritime Commission ,
MARAD ,
OIRA ,
Public Comment ,
Regulatory Reform ,
Request For Information ,
Shipping Cargo ,
Trump Administration
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
The U.S. Federal Maritime Commission (FMC) issued its Notice of Proposed Rulemaking (NPR) in FMC Docket 16-04 on Aug. 15, 2016. The FMC's July 2016 vote in favor of issuing the NPR advances a multiyear regulatory review....more
8/23/2016
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Common Carriers ,
Federal Maritime Commission ,
Maritime Transport ,
Navigable Waters ,
NPRM ,
Ocean Transportation System ,
Ports ,
Regulatory Oversight ,
Reporting Requirements ,
Service Agreements ,
Shipping ,
Shipping Cargo ,
Vessels
The U.S. Federal Maritime Commission (FMC) voted this week to start the regulatory review process regarding ocean common carrier and marine terminal operator (MTO) agreements (the Carrier/MTO Agreement Review). The review,...more
The U.S. Federal Maritime Commission (FMC) issued its Final Rule in FMC Docket 13-05 on Nov. 3, 2015. The Commission's October vote in favor of issuing the Final Rule concluded a multiyear review and rulemaking that largely...more
11/5/2015
/ Compliance ,
Federal Maritime Commission ,
Final Rules ,
Freight Forwarding ,
Licensing Rules ,
Maritime Transport ,
NVOCCs ,
Ocean Transportation System ,
Tariffs ,
Trade Policy ,
TWIC