Federal Maritime Commission – Federal Register Recent Federal Regulation Documents

The Federal Maritime Commission (Commission) amends its Rules of Practice and Procedure governing the compromise, assessment, mitigation, settlement, and collection of civil penalties. These changes to the Commission regulations align with the statutory changes in the Ocean Shipping Reform Act of 2022 on penalties or refunds.

The Federal Maritime Commission (FMC or Commission) sponsors advisory committees in accordance with the Federal Advisory Committee Act when the FMC or Congress deems it would be beneficial to obtain advice or recommendations on issues or policies under consideration by the FMC. The Commission appoints advisory committee members which may include special government employees, Federal employees, or representatives of outside organizations, such as trade groups or industry. The FMC collects information about applicants to assess their qualifications to serve as a committee member, such as employment history, education, references, and other information relevant to the applicant's qualifications.

The Federal Maritime Commission published a document in the Federal Register of January 19, 2023, concerning the Sunshine Act Meetings for our January 25, 2023, Commission Meeting. The document contained an incorrect sentence under the status section.

This document announces the availability of the Federal Maritime Commission's (Commission) draft Finding of No Significant Impact (FONSI) related to the proposed regulations on Demurrage and Detention Billing Requirements.

Notice is hereby given of a meeting of the National Shipper Advisory Commission (NSAC), pursuant to the Federal Advisory Committee Act.

This document announces the availability of the Federal Maritime Commission's (Commission's) draft Finding of No Significant Impact (FONSI) related to the proposed regulations on Demurrage and Detention Billing Requirements.

The Federal Maritime Commission (Commission) is seeking public comment on a proposed rule that requires common carriers and marine terminal operators to include specific minimum information on demurrage and detention invoices and outlines certain billing practices relevant to appropriate timeframes for issuing invoices, disputing charges with the billing party, and resolving such disputes. The proposed rule addresses considerations identified in the Ocean Shipping Reform Act of 2022. The proposed rule would adopt minimum information that common carriers must include in a demurrage or detention invoice; add to this list additional information that must be included in or with a demurrage or detention invoice; further define prohibited practices by clarifying which parties may be appropriately billed for demurrage or detention charges; and establish billing practices that billing parties must follow when invoicing for demurrage or detention charges.

The Federal Maritime Commission (Commission) is seeking public comment on its proposed rule arising from the Ocean Shipping Reform Act of 2022 requirement that prohibits ocean common carriers from unreasonably refusing to deal or negotiate with respect to vessel space accommodations. Specifically, the Commission is proposing to define the elements necessary to establish a violation and the criteria it will consider in assessing reasonableness.

The Federal Maritime Commission seeks public comment on whether congestion of the carriage of goods has created an emergency situation causing a substantial, adverse effect on the competitiveness and reliability of the international ocean transportation supply system. Information received in response to this request will help inform the Commission's decision on whether an emergency situation exists, and whether to issue an emergency order to address any such situation.