FMC Meets October 27 th on Petitions Requesting NVOCC Confidential Service Contracts, Tariff Exemptions, Etc
The Federal Maritime Commission (FMC) has announced that it will hold a meeting on October 27, 2004 in Washington, DC in order to consider the following:
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Eight pending petitions requesting confidential service contracts, tariff exemptions, etc. for NVOCCs. According to the FMC, the open portion of the meeting will discuss the eight pending petitions requesting that some or all non-vessel operating common carriers (NVOCCs) be granted, variously, (i) the ability to enter into confidentially negotiated service contracts with their customers, (ii) an exemption from establishing, maintaining, publishing, and/or adhering to rate tariffs for ocean transportation, (iii) etc.
The eight pending petitions were filed on various dates from July 2003 through March 2004 by United Parcel Service, Inc. (UPS) (P3-03); the National Customs Brokers and Forwarders Association of America, Inc. (NCBFAA) (P5-03); Ocean World Lines, Inc. (OWL) (P7-03); BAX Global Inc. (P8-03); C.H. Robinson Worldwide, Inc. (CHRW) (P9-03); Danzas Corporation dba Danmar Lines Ltd., Danzas AEI Ocean Services, and DHL Danzas Air and Ocean (P1-04); BDP International, Inc. (P2-04); and FedEx Trade Networks Transport & Brokerage, Inc. (P4-04).
(See ITT's Online Archives or 09/07/04 news, 04090700, for BP summary of the FMC's request for comments on joint supplemental comments submitted by seven NVOCCs and trade associations requesting expeditious adoption of conditional tariff publication and enforcement exemptions for NVOCCs.)
Proposed rule on ocean common carriers & marine terminal operators. The open portion will also include discussion on the FMC's December 2, 2003 proposed rule to amend its regulations governing agreements among ocean common carriers and marine terminal operators in response to changes in the shipping industry since the enactment of the Ocean Shipping Reform Act of 1998 (OSRA), which amended the Shipping Act of 1984.
(See ITT's Online Archives or 12/03/03 news, 03120320, for BP summary of this proposed rule (D/N 03-15).)
APL petition on anticipated "controlled carrier" status. According to the FMC, the closed portion of the meeting will discuss the petition of American President Lines, Ltd. and APL Co. Pte. Ltd. for a full exemption from the first sentence of Section 9(c) of the Shipping Act of 1984, as amended in anticipation of its status as a controlled carrier.
(See ITT's Online Archives or 09/30/04 news, 04093099 1, for BP summary of APL's filing of this petition (P5-04).)
FMC notice (FR Pub 10/15/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-23224.pdf