Some of the Federal Maritime Commission’s proposed changes to its rules for Carrier Automated Tariffs (see 2205090006) are unnecessary and could place too heavy a burden on industry, two trade groups and a logistics company said in comments this month. The commenters were especially critical of a proposed change that would add more requirements to container documentation, and said they wouldn't support a proposal that would allow a non-vessel operating common carrier (NVOCC) to cross-reference the terms in a vessel-operating common carrier’s (VOCC) tariffs.
The Federal Maritime Commission’s spring 2022 regulatory agenda includes a new mention of a proposed rule that could revise and clarify certain Shipping Act requirements. The rule would specifically propose to “modernize outdated requirements” and clarify existing ones associated with the filing of ocean common carrier and marine terminal operator agreements. The FMC plans to publish a notice of proposed rulemaking in August with a comment period ending in September and a final rule in December.
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The Federal Maritime Commission on June 27 completed its “server maintenance” on several of its systems, which began experiencing problems earlier this month (see 2206140012). The FMC said its e-monitoring system, electronic reading room and certain forms are now available for use.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
The Federal Maritime Commission on June 24 alerted industry that certain provisions of the Ocean Shipping Reform Act took immediate effect when the bill became law on June 16 (see 2206160064). Some of the provisions that already took effect involve demurrage and detention invoices, which apply to “all charges and invoices over which the Commission has existing jurisdiction,” the FMC’s general counsel said in a memo. The FMC said “parties with questions related to their obligations should consult with their legal counsel.”
A Federal Maritime Commission proposal that would require container documentation to include the names of all non-vessel operating common carriers in a shipping transaction would create too large of a burden on industry, two logistics companies said in comments this month. One company said it wouldn’t be able to comply with the change, forcing it to regularly violate the regulation.
The Ocean Shipping Reform Act, which would punish carriers who reject exports from West Coast ports if the Federal Maritime Commission deems those decisions as unreasonable, was signed into law June 16. The FMC is directed to begin a rulemaking on the matter. The law also puts the burden of proof on the reasonableness of demurrage and detention fees on ocean carriers, rather than the parties who were charged the fees.
Several Federal Maritime Commission systems are unavailable for use during required maintenance, including its e-monitoring, electronic reading room and certain forms, the FMC said June 13. The commission specifically said its Common Carrier Tariff and MTO Schedule Registration Automated Form FMC-1 is unavailable, as is its Application for License as an Ocean Transportation Intermediary Automated Form FMC-18. The FMC said the systems will be “electronically inaccessible to the public” until the maintenance is complete, but the FMC may be able to provide certain information via email. For e-monitoring lreports purposes, the FMC said industry should send monitoring reports, meeting minutes or other documents to tradeanalysis@fmc.gov and “cc (copy) the economist who is assigned to the agreement. Once the system is back online, we will ask you to submit the materials directly in the system.”
The June 13 passing of bill that aims to force shipping companies to accept U.S. exports on the return trip to Asia, and which further codifies Federal Maritime Commission's attempts to police detention and demurrage charges, was hailed by politicians as an inflation solution and greeted with caution by industry players.