News & Analysis as of

Federal Maritime Commission Maritime Transport

Husch Blackwell LLP

Key Bridge Collapse Leads to Proposed Legislative Overhaul

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Earlier this week, two U.S. congressmen released proposed language for a bill—the Justice for Victims of Foreign Vessel Accidents Act—that was first announced via press release in August 2024. The proposed law would raise the...more

Benesch

FMC Final Rule on “Refusal to Deal or Negotiate” Effective Sept. 23, 2024

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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

Husch Blackwell LLP

New FMC D&D Invoicing Rules Are Officially in Effect

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The Federal Maritime Commission’s (FMC) Final Rule on Demurrage and Detention Invoicing (Final Rule) is in effect. The Final Rule requires certain minimum information for demurrage and detention (D&D) invoices and provides...more

Benesch

The FMC’s Final Rule on Detention and Demurrage Billing Requirements Takes Effect Despite Pending Litigation

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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

Holland & Knight LLP

Federal Maritime Commission Announces Demurrage and Detention Final Rule

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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

Benesch

FMC Dispute Resolution: A Guide for Using CADRS to Resolve Ocean Carriage Disputes

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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

Husch Blackwell LLP

What Do Importers and Shippers Need to Know about the FMC’s New Rule on D&D Invoices?

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On February 23, 2024, the Federal Maritime Commission (FMC) issued a Final Rule intended to add clarity to invoicing requirements outlined in the Ocean Shipping Reform Act of 2022 (OSRA 2022). In particular, the Final Rule...more

Benesch

A Whole New World: FMC Issues Final Rule on Demurrage and Detention Billing Requirements

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On February 26, 2024, the Federal Maritime Commission (“FMC”) published its long-awaited final rule (the “Final Rule”) establishing various regulations governing the imposition of demurrage and detention. The Final Rule will...more

Benesch

FMC Final Rule Updates Shipping Rate Regulation

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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

Holland & Knight LLP

Maritime Outlook: 5 U.S. Maritime Issues to Watch in 2024

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The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. – William Arthur Ward The U.S. maritime industry is much like a great ship: It is subject to unforeseen forces, and it...more

Husch Blackwell LLP

FMC Allows Rate Hikes for Carriers in Response to Red Sea Hostilities

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The Federal Maritime Commission (FMC) has granted special permission to ocean carriers to immediately increase the rates on containers that are being rerouted around the Cape of Good Hope in Africa or are retaining feeder...more

Husch Blackwell LLP

New Federal Maritime Commission Rules Introduce Significant Changes for Carriers and Shippers

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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

Benesch

Regulatory Update for Marine Terminal Operators

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Marine terminal operators (MTOs) and ocean common carriers became easy targets upon which to cast blame for the port congestion issues and supply chain weaknesses arising out of the COVID-19 pandemic....more

McGuireWoods LLP

Navigating the Ocean Shipping Reform Act, Part Three: Litigation and Rough Waters Ahead

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As the Federal Maritime Commission (FMC) implements the requirements of the new Ocean Shipping Reform Act (OSRA), litigation against ocean common carriers is on the rise. It may not be possible to predict what will happen for...more

McGuireWoods LLP

Navigating the Ocean Shipping Reform Act, Part Two: New Rules and Big Changes

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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

McGuireWoods LLP

Navigating the Ocean Shipping Reform Act, Part One: The Overview

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On June 16, 2022, President Joe Biden signed the Ocean Shipping Reform Act of 2022 (OSRA). OSRA’s objective is to reduce shipping costs and address concerns relating to supply-chain challenges. OSRA provides the Federal...more

Venable LLP

FMC Proposes Expanded Demurrage and Detention Invoice Requirements, Time Frames for Billing, and More in Notice of Proposed...

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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

K&L Gates LLP

Federal Maritime Commission Seeking Comment on New Rulemaking Regarding Prohibition Against Ocean Common Carrier Refusal to...

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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

Holland & Knight LLP

FMC Issues Proposed Rule on OSRA Refusal to Deal on Vessel Space Accommodations

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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

Venable LLP

Federal Maritime Commission Issues Industry Advisory on Charge Complaints

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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

Davis Wright Tremaine LLP

Ocean Shipping Reform Act Signed Into Law

In an effort to ease supply-chain issues, the bipartisan-supported Ocean Shipping Reform Act of 2022 ("Act") was signed into law on June 16, 2022. The Act is summarized as follows...more

Venable LLP

Carriers and Other Regulated Entities, Beware: Ocean Shipping Reform Act of 2022 Effective Immediately

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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

Holland & Knight LLP

Beyond the Ocean Shipping Reform Act: Recent FMC Decisions and Settlement Implications

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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

Faegre Drinker Biddle & Reath LLP

Ocean Shipping Reform Act Signed Into Law

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

Venable LLP

President Biden Signs the Ocean Shipping Reform Act of 2022 into Law

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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

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