FMC to propose rules for filing ocean carrier, terminal pacts
The U.S. Federal Maritime Commission plans to release a notice of proposed rulemaking to amend its regulations that govern agreements among ocean common carriers and marine terminal operators.
The FMC said the proposed rulemaking, to be published in the Federal Register by no later than Nov. 24, is in response to industry requests for clarification and changes in the shipping industry since the implementation of the 1998 Ocean Shipping Reform Act.
“The NPR is intended to reduce the overall burden and cost to ocean common carriers, while ensuring that the commission receives the information necessary to conduct effective oversight,” said FMC Chairman Steven R. Blust in a statement.
“The proposed rule would give the shipping industry enhanced certainty as to the FMC requirements, continued flexibility in commercial relations and sufficient confidentiality for commercial information,” he added.
More specifically, the proposed rulemaking includes new language designed to ensure that the commission receives complete agreements, language creating a low market share exemption from the 45-day waiting period, and language that clarifies the definitions of transshipment agreements and nonexclusive transshipment agreements.
The proposed rulemaking also makes changes to the amount and type of information needed by the FMC to monitor carrier use of antitrust immunity.
In addition, the FMC proposes to change its agreement regulations regarding the filing of agreement minutes. “The modifications to the minutes filing provisions are intended to preclude inadequate coverage of substantive issues, as well as insufficient levels of detail concerning carrier discussions,” the FMC said.