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Shipping Cargo Maritime Transport Federal Maritime Commission

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

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

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 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

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

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

Holland & Knight LLP

FMC Releases Final Fact Finding Recommendations, Stresses Mutually Enforceable Contracts

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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

Venable LLP

FMC Fines Ocean Common Carrier for Unreasonable Detention Charges

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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

Holland & Knight LLP

Federal Maritime Commission Continues to Grapple with Detention and Demurrage Issues

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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

Husch Blackwell LLP

New LA-LB Port Fees Counterintuitive

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Less than two weeks after President Biden officially announced his agreement with the Port of Los Angeles to begin operating 24/7, the ports of LA and Long Beach have decided to implement a new fee for containers sitting at...more

Baker Donelson

Federal Maritime Commission Issues Final Interpretive Rule on Demurrage and Detention Under the Shipping Act

Baker Donelson on

On May 18, 2020, the Federal Maritime Commission (FMC) published its Final Interpretive Rule on Demurrage and Detention Under the Shipping Act (“Demurrage/Detention Rule”), 85 Fed. Reg. 29638, 29638 (May 18, 2020). This...more

Proskauer - Blockchain and the Law

Another Blockchain Supply Chain Shipping Consortium Files for Federal Antitrust Exemption

In late May, the Global Shipping Business Network (GSBN), a consortium of ocean carriers and terminal operators, filed a petition with the Federal Maritime Commission (FMC) to obtain an antitrust exemption under the U.S....more

Cozen O'Connor

Congress Takes First Step Toward FMC Advisory Committee

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On May 20, 2020, the Senate Committee on Commerce, Science, and Transportation approved S. 2894, the Federal Maritime Commission National Shipper Advisory Committee Act of 2019. ...more

K&L Gates LLP

COVID-19: Updates on the FMC's Detention and Demurrage Final Rule

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The Federal Maritime Commission (FMC or Commission) recently announced its adoption of a final interpretive rule to provide the maritime community guidance on the “reasonableness” of detention and demurrage charges. The rule...more

Cozen O'Connor

FMC Expands Use of Innovation Teams to Respond to COVID-19 Supply Chain Concerns

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On March 31, 2020, in response to concerns stemming from the coronavirus (COVID-19) pandemic, the Federal Maritime Commission (FMC) initiated Fact Finding Investigation No. 29, which is aimed at developing improvements to the...more

Blank Rome LLP

MAINBRACE: March 2020

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Note from the Editor - Happy (almost) spring! Every year seems to be a new adventure and a new challenge, and this year, on top of the dramatic new International Maritime Organization 2020 bunker regulations that have now...more

Holland & Knight LLP

FMC Issues Final Rule on Carrier and Marine Terminal Practices for Receiving, Handling Cargo

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• 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

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