FMC Meets on July 14th on Amendments to Reduce Service Levels, Oakland Clean Trucks Agreement, Etc.
The Federal Maritime Commission has issued a notice announcing that it will hold a partially open meeting on July 14, 2009 in Washington, D.C.
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During the open portion of the meeting, the FMC will consider:
Amendment to Reduce Service Levels Under Australia & NZ/U.S. Agreement
The FMC will consider an amendment to theAustralia and New Zealand/United States Discussion Agreement, FMC Agreement No. 011275-028, received by the FMC on June 24, 2009 and FMC Agreement No. 011275-027, received by the FMC on June 2, 2009.
FMC Agreement No. 011275-028 is an amendment to the Australia and New Zealand/U.S. Discussion Agreement that would reduce the minimum service levels to be provided under the Agreement. FMC Agreement No. 011275-027 is an appendix listing the Parties to the Agreement. (See ITT's Online Archives or 07/02/09 news, 09070220, for BP summary of the amendment to reduce minimum services levels.)
Oakland MTO Agreement on Clean Trucks Program, Etc.
The FMC will consider the Oakland MTO Agreement, FMC Agreement No. 201202, received by the FMC on June 2, 2009.
FMC Agreement No. 201202 would authorize the parties1 to exchange information, discuss, agree upon, cancel and enforce terminal rates, charges, rules, regulations, procedures, etc. relating to measures mandated or established by the Port of Oakland, the California Air Resources Board (CARB), and others, including a Clean Truck Program, development of a truck database, etc.
Note that a more recent agreement, FMC Agreement No. 201203, which was received by FMC on June 26, 2009, is on the same general topic. According to FMC sources, this newer agreement, which may also be discussed at the meeting, describes how to implement Agreement No. 201202, contains the Port of Oakland as a Party to the Agreement, etc. (See ITT's Online Archives or 07/09/09 news, 09070920, for BP summary of this FMC Agreement.)
During the closed portion of the meeting, the FMC will consider:
Amendment to Reduce Sailings under U.S. Pacific Coast-Oceania Agreement
The FMC will consider an amendment to the U.S. Pacific Coast-Oceania Agreement, FMC Agreement No. 011741-013, received by the FMC on June 4, 2009 which would permanently terminate the PSW-2 string from the agreement, revise allocations on the two remaining strings, and add language reflecting the payment of liquidated damages. The amendment has been criticized by the National Customs Brokers & Forwarders Association of America. (See ITT's Online Archives or 07/02/09 news, 09070220, for BP summar of amendment and NCBFAA's comments.)
FMC Section 15 Order on Rates and Service in U.S.-Australia/New Zealand Trade
The FMC will also consider its Section 15 Order on Competition, Rates and Service in the U.S.-Australia/New Zealand and Northbound and Southbound Trade, dated August 26, 2008.
The FMC issued this order to certain vessel operating common carriers (VOCCs)2 as it was concerned that the combined effect of their activities under certain U.S.-Australia/New Zealand agreements may have the effect of reducing competition in a manner that may affect prices and service to an unreasonable extent or may otherwise be violative of the Shipping Act of 1984. (See ITT's Online Archives or 08/28/08 news, 08082810, for BP summary.)
(Section 15 of the Shipping Act allows the FMC to require any common carrier to file any periodical or special report or any account, record, rate, etc. pertaining to the business of that common carrier, among other things.)
1Parties to FMC Agreement No. 201202 include: Eagle Marine Services, Ltd.; Seaside Transportation Service LLC; SSA Terminals (Oakland), LLC; Total Terminals International, LLC; Transbay Container Terminal, Inc.; and Trapac Inc.
2The VOCCs include: Maersk Line, Hamburg Sud, Hapag Lloyd, CMA CGM (operating as ANL-USL), ANL Singapore PTE Ltd, Marfret, and Wallenius Wilhelmsen.
FMC contact - Karen Gregory (202) 523-5725
FMC notice (FR Pub 07/09/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-16414.pdf
FMC Agreement No. 011275-028 (received 06/24/09) available at http://www2.fmc.gov/agreement_lib/011275-028-P.pdf
FMC Agreement No. 011275-027 (received 06/02/09) available at http://www2.fmc.gov/agreement_lib/011275-027-P.pdf
FMC Agreement No. 201202 (received 06/02/09) available at http://www2.fmc.gov/agreement_lib/201202-000-P.pdf
FMC Agreement No. 201203 (received 06/26/09) available at http://www2.fmc.gov/agreement_lib/201203-000-P.pdf
FMC Agreement No. 011741-013 (received 06/04/09) available at http://www2.fmc.gov/agreement_lib/011741-013-P.pdf
FMC Section 15 Order on Competition, Rates and Service in the U.S.-Australia/New Zealand and Northbound and Southbound Trade (dated 08/26/08) available at http://www.fmc.gov/UserFiles/pages/File/Section_15_Order.pdf