NCBFAA Replies to Joint Supplemental Comments Requesting Expeditious Adoption of Conditional Tariff Publication and Enforcement Exemption for NVOCCs
The National Customs Brokers and Forwarders Association of America, Inc. (NCBFAA) has replied to the joint supplemental comments submitted by seven non-vessel operating common carriers (NVOCCs) and national trade associations that requested the Federal Maritime Commission (FMC) to expeditiously adopt a conditional exemption for NVOCCs from the tariff publication and enforcement provisions set forth in the Shipping Act of 1984, as amended, and the corresponding regulations in 46 CFR 520.
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NCBFAA Says Conditional Exemption Would Not Go Far Enough
In its reply, the NCBFAA states that it does not oppose the service contract petitions filed by various petitioners and has no objection to the modified approach sought in the joint supplemental comments as an additional procedure.
However, the NCBFAA states that the approach advocated in the joint supplemental comments is not consistent with the relief sought by NCBFAA, and does not go far enough in answering the most urgent needs of the NVOCC community as a whole. Although that proposal would provide some short-term relief for those parties, the NCBFAA believes that more must be accomplished, as that proposal would still require that the negotiated agreements between NVOCCs and their customers be filed with the FMC, and the essential terms of those agreements be filed in tariff form.
Instead, the NCBFAA believes that the exemption it proposed in its petition is the most appropriate vehicle with which to address the universally acknowledged problems caused by the rigidity and cost of the tariff publication system for ocean transportation. According to NCBFAA, its petition seeks to permit NVOCCs to negotiate rate and service offerings on an individual basis without going through the formality of memorializing those arrangements in tariff form before moving the traffic.
(See ITT's Online Archives or 08/13/03 news, 03081305, for BP summary of NCBFAA's petition (P5-03, filed 08/08/03). See ITT's Online Archives or 09/07/04 news, 04090700, for BP summary of the FMC's notice inviting responses to the joint supplemental comments by September 30, 2004.)
NCBFAA reply (dated 09/08/04) available by email, by emailing documents@brokerpower.com