Two shipper associations withdraw appeals of FMC NVO ruling
The American Institute for Shippers' Associations (AISA) and the International Shippers Association have withdrawn petitions that each filed with the U.S. Court of Appeals for the Federal Circuit to review a decision of the Federal Maritime Commission that restricted the right of shippers' associations to enter into non-vessel-operating common carrier service arrangements.
AISA asked the court to withdraw the petition to allow the FMC 'to consider arguments that AISA has made in a petition to the commission for reconsideration of rules currently pending before the FMC,' AISA said in a statement. 'AISA still contends that the final regulations adopted by the FMC in its actions last December will not withstand judicial scrutiny if left unchanged.'
If the FMC fails to address AISA's concerns, then AISA 'would have no choice but to file a new judicial petition with the appellate court,' AISA said.
A legal spokesman for the International Shippers Association told Shippers' News Wire: 'our reasons for withdrawing our petition are similar to those given by AISA.'
Both associations realized after filing their appeals that the Court of Appeals for the Federal Circuit, which sits in the District of Columbia, will not accept appeals on a matter that's still pending before a federal regulatory entity. Since the FMC has not yet ruled on the petitions both organizations have filed with the commission, no legal appeal of a prior FMC ruling is possible at this time.