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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

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

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

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

Open-Loop Scrubber Proponents, Led by CSA 2020, Continue to Dominate the News Narrative for the Time Being

For background information regarding open-loop scrubber environmental studies by the Japanese Ministry of Land, Infrastructure, Transportaiton and Tourism (MLIT) and the classification society Det Norske Veritas Germanischer...more

FMC Issues Proposed Rule Changes Covering OTI Licensure and Financial Requirements

• 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

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

• 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

New California Law Exposes Maritime Sector to Liability for Drayage Carriers Who Owe Drivers Statute Could Hold Customers of...

• According to a California statute set to take effect in January 2019, ocean carriers, marine terminal operators (MTOs) and shippers engaging port drayage motor carriers (PDMCs) that default on obligations to pay employees...more

FMC Issues Final Rules for NVOCC Service and Rate Agreements

• 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

Comisión Federal Marítima de Estados Unidos Provee Alivio y Flexibilidad a Consolidadores de Carga Marítima

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

FMC Provides Regulatory Relief and Flexibility

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

Sailing with the Trump Transition: Cargo, Cabotage and Maritime Infrastructure in 2017

Once he assumes office on Jan. 20, 2017, President-Elect Donald Trump will be responsible for managing a mix of cargo preference, ship documentation, cabotage, and related rules and laws dating back to the First Congress,...more

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