The Federal Maritime Commission (the “FMC”) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space...more
On February 26, 2024, the FMC issued its final rule on detention and demurrage billing requirements. On February 27, 2024, our team outlined the practical impact that the Final Rule will have in the article: “A Whole New...more
Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal...more
Many shippers and service providers are looking toward the upcoming ocean carrier bid season while still reeling from the effects of the global pandemic. It is not uncommon to identify colorable claims against any number of...more
As federal regulators have recently made clear, steamship lines, non-vessel-operating common carriers, indirect air carriers, freight forwarders, and others involved in the global movement of cargo must ensure that their...more
The Federal Maritime Commission (“FMC”) issued a Final Rule in FMC Docket No. 21-03 amending its Carrier Automated Tariffs regulations under 46 CFR Part 520, effective on February 1, 2024. (89 FR 25). The amendments aim to...more
The Federal Maritime Commission’s (FMC) newly revised tariff regulations will be effective February 1, 2024. These rule changes will somewhat significantly change day-to-day practices for both vessel operating common carriers...more
After the June 2022 enactment of the Ocean Shipping Reform Act (OSRA), the Federal Maritime Commission (FMC) issued a notice of proposed rulemaking (NPRM) in October 2022, relating to demurrage and detention billing...more
Following the Advance Notice of Proposed Rulemaking on Demurrage and Detention Billing Requirements published in the Federal Register in February, the Federal Maritime Commission (FMC or “the Commission”) notified the public...more
In response to supply chain disruptions caused by the COVID-19 pandemic, on 16 June 2022, the U.S. Congress enacted the Ocean Shipping Reform Act of 2022 (OSRA) to increase the authority of the Federal Maritime Commission...more
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
On June 16, 2022, President Biden signed into law the Ocean Shipping Reform Act of 2022 ("OSRA 2022"), which amended the Shipping Act of 1984 ("the Shipping Act"). Among the various amendments, OSRA 2022 included a new...more
On June 24, 2022, the Federal Maritime Commission’s Office of the General Counsel issued an opinion on the effective date of the new Ocean Shipping Reform Act of 2022 (“OSRA 2022”), Pub. L. 117-146. Per the General Counsel,...more
On June 16, 2022, President Biden signed into law the Ocean Shipping Reform Act (OSRA), bipartisan legislation aimed at providing relief to U.S. importers, exporters, freight carriers, port operators and other companies...more
Earlier this week, the U.S. House of Representatives approved the Ocean Shipping Reform Act of 2022 (OSRA 2022) in a 369-42 vote. OSRA 2022 is a bipartisan bill introduced by Senator Amy Klobuchar (D-MN) and Senator John...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
On April 22, 2022, the Federal Maritime Commission (FMC) fined Hapag-Lloyd A.G. and its agent, Hapag-Lloyd (America) LLC (collectively referred to as "Hapag-Lloyd"), for violating § 41102(c) of the Shipping Act of 1984. The...more
Last week’s news of the sinking of roll-on roll-off car carrier M/V Felicity Ace provides a unique opportunity to illustrate and distinguish the two major types of marine salvage – pure salvage and contract salvage – and the...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
In 20 years, could it be possible that 50 percent of all domestic ships on Japan’s coastal waters will be piloting themselves? Absolutely. A public interest organization in Japan, the Nippon Foundation, seeks to accomplish...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
A cloud of uncertainty hangs over the shipping industry with respect to violations of the Shipping Act - can a single act constitute a Shipping Act violation or does there have to be more pervasive or systematic conduct? But...more
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
Much has been theorized in the past two months concerning whether the Trump Administration will follow through on President-Elect Donald Trump's campaign pledge to "rip up" international trade deals such as the North American...more
The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more