Latest Publications

Share:

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

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

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

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

FMC Releases Final Fact Finding Recommendations, Stresses Mutually Enforceable Contracts

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

Federal Maritime Commission Continues to Grapple with Detention and Demurrage Issues

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

FMC Announces Actions to Address Demurrage and Detention Charges

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

Jones Act Waivers Following Natural Disasters

While the United States continues to assess the full scope of the devastating aftermath of Hurricane Ida on the U.S. Gulf Coast, national media have already reported shortages of oil and fuel supplies, as well as food and...more

New Presidential Executive Order Targets Maritime Industry and Ocean Carriers

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

CBP's Most Recent Offshore Wind Jones Act Ruling Signals a Trend

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

OFAC Authorizes Payments to Venezuela's Maritime Authority After Recent SDN Listing

The U.S. Department of the Treasury Office of Foreign Assets Control (OFAC) might have left many vessel operators wondering how to avoid an economic sanctions violation when OFAC added Venezuela's maritime authority,...more

CBP Expressly Applies Jones Act to Offshore Wind Projects on Outer Continental Shelf

In a ruling dated Jan. 27, 2021, U.S. Customs and Border Protection (CBP) 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 outer continental...more

FMC Seeks to Make Pandemic-Related Service Contract Rules Change Permanent

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

All Aboard for the Biden Transition: Climate, Cabotage and Competition

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

FinCEN Warns of Scams Relating to PPE and Other Medical Goods During COVID-19 Pandemic

In struggling to address the evolving COVID-19 pandemic, the United States and many other countries continue to face major shortages of Personal Protective Equipment (PPE), such as N95 masks, gowns and other vital materials...more

FMC Final Rule Exempts Ocean Carriers from Publication of Service Contract Essential Terms

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

FMC Issues Final Interpretive Rule on Demurrage and Detention

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

FMC Provides Temporary Relief from Some Vessel Operator Service Contract Filing Requirements

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

Securing the U.S. Power Grid: President and Commerce Department Sound the Alarm

President Donald Trump signed Executive Order 139201 on May 1, 2020, declaring a national emergency in order to secure the nation's bulk-power system. The president's order explains that such systems are threatened by foreign...more

Legal Insights on the Import of PPE and Other Medical Supplies Vital to Fighting COVID-19

The COVID-19 crisis has revealed the extent to which the United States and other countries are dependent upon a well-functioning global supply chain of critical medical supplies, including ventilators and Personal Protective...more

FMC Issues Fact Finding Order in Response to COVID-19 Challenges

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

China's IMO 2020 Implementation Plan Raises Issues for Vessels Using Open-Loop Scrubbers

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

FMC Proposes to Change Ocean Service Contract Publication Requirements

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

Key IMO Meeting on Pollution Prevention and Response Set for Feb. 18-22 in London

• The seventh session of the International Maritime Organization's (IMO) Sub-Committee on Pollution Prevention and Response (PPR7) will be held in London on Feb. 18-22, 2020, with a number of the agenda items likely to impact...more

Recent Guidance by Suez Canal Authority Highlights Complexities of IMO 2020 Compliance

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

FMC Proposes Eliminating Requirement for Vessel Operators to Publish Essential Terms

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

FMC Approves Dye's Recommendations on Detention and Demurrage, Issues Proposed Interpretive Rule

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

59 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide