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15 Dec 2022

US Probing Shipping Lines’ Anti-retaliation Compliance

© Danita Delimont / Adobe Stock

The United States' Federal Maritime Commission said it is asking the top 20 shipping lines calling the U.S. to provide information on how they are complying with the new prohibitions on retaliation established by the Ocean Shipping Reform Act of 2022 (OSRA).The added protections against retaliation were created by Section 5 of OSRA and became effective immediately upon the law’s enactment in June. The prohibitions apply to common carriers, marine terminal operators (MTO), and…

28 Jan 2022

FMC Addresses Detention and Demurrage, and Data Initiatives

© MichaelVi / Adobe Stock

The Federal Maritime Commission met in both open and closed session today to be briefed on efforts to address detention and demurrage, improve supply chain data transparency, and an ongoing investigation of Canadian government regulations that affect U.S. flag Great Lakes shipping. The Commission was also advised of the work its Area Representatives are doing at locations key to shipping around the Nation.Lucille Marvin, the Commission’s Managing Director is leading both the Vessel-Operating Common Carrier (VOCC) Audit Program and VOCC Audit Team…

26 Jan 2022

FMC Takes Action on Container Charges

© helivideo / Adobe Stock

On January 6, the Federal Maritime Commission announced an “Order of Investigation and Hearing” against Wan Hai Lines, Ltd, a vessel-operated common carrier (VOCC). The order charges that Wan Hai failed to “establish, observe, and enforce just and reasonable regulations and practices relating to its assessment of charges on containers when return locations with corresponding appointments were unavailable.”For FMC, a core issue is that some companies may be taking advantage of U.S. port congestion because established VOCC-truck operations are not working.

15 Nov 2021

FMC Examining How Data Can Improve Ocean Cargo Velocity

© Brad Nixon / Adobe Stock

The U.S. Federal Maritime Commission (FMC) said it has set out to identify data constraints that impede the flow of ocean cargo and add to supply chain inefficiencies as severe bottlenecks continue to hamper global supply chains.Launched at the direction of FMC Chairman Daniel B. Maffei and spearheaded by Commissioner Carl W. Bentzel, the initiative seeks to to pinpoint how data can contribute to the long-term reliability of the domestic cargo delivery system. It will also aim to propose recommendations for common data standards used by the international shipping supply chain…

27 Dec 2018

FMC Offices Closed due Partial Federal Shutdown

The Federal Maritime Commission is closed effective Wednesday, December 26, 2018 as part of the partial federal government shutdown due to a lapse in appropriations. The Commission will resume normal operations when appropriations legislation is enacted and the federal government reopens.With the exceptions of Acting Chairman Michael A. Khouri and Commissioner Rebecca Dye, who are Presidentially-appointed, Senate-confirmed officials, all Commission employees have been placed on furlough and are prohibited by law from performing any duties during the shutdown.

04 Aug 2015

FMC Collects $1,227,500 in Penalties from NVOCC's

Federal Maritime Commission Chairman Mario Cordero announced that the Commission has completed compromise agreements recovering a total of $1,227,500 in civil penalties. The agreements were reached with seven non-vessel-operating common carriers (NVOCCs) and one vessel-operating common carrier (VOCC). The agreed penalties resulted from investigations conducted by the Commission’s Area Representatives in New York and Seattle, and headquarters staff in Washington D.C. The parties settled and agreed to penalties, but did not admit to violations of the Shipping Act or the Commission’s regulations. In making the announcement, Chairman Mario…

09 Jan 2013

New RoRo Added to SC Line Fleet

RoRo MV Mosel Ace: Photo credit SC Line

SC Line announces the addition of another 1/4 ramp RoRo vessel into its fleet, MV 'Mosel Ace'. In line with its strategic and strengthening position in the Americas, SC Line introduces Mosel Ace to serve initially the US East coast from Baltimore to Zarate where it would reposition in the short term to call specific ports between Colombia, Argentina and Brazil. The new ship is 176m in lenght, 31m breadth, and of 12,743 dwt, equipped with a 120 mt 1/4 ramp. SC Line S.A. is a Vessel Operating Common Carrier (VOCC) registered with the U.S. Federal Maritime Commission (FMC).

11 Mar 2010

Ocean Carriers, Others Pay Penalties

The Federal Maritime Commission announced four compromise agreements in which an ocean carrier and intermediaries agreed to pay a total of $625,000 in civil penalties for alleged violations of the Shipping Act of 1984. The agreements were reached with a vessel-operating common carrier (VOCC) and three ocean transportation intermediaries (OTIs). The agreed penalties resulted from investigations conducted by the Commission's Area Representatives in Los Angeles, Seattle, South Florida, and Washington, D.C. Staff attorneys with the Bureau of Enforcement negotiated the compromise agreements. The parties settled and paid penalties, but did not admit to violations of the Act or the Commission's regulations. Federal Maritime Commission Chairman Richard A. Lidinsky, Jr.

11 Nov 2004

Kirby Case Expanded Analysis

On November 9, 2004, The Supreme Court of the United States decided Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd., docket No. 02¬1028 (Nov. 9, 2004). The Court reversed the Eleventh Circuit and held that Himalaya Clauses in both an NVOCC's bill of lading, and in a VOCC's bill of lading extended the bill of lading COGSA package limitation or other protection to the participating land carrier, the Norfolk Southern Railway Co., which was hired by an affiliate of the VOCC. The opinion also upholds the limitations in the VOCC's bill of lading even though there was no strict privy of contract between Kirby, the cargo interest, and the VOCC. The case involved a shipment of cargo from Australia to Athens, Alabama by way of Huntsville, Alabama.

12 Nov 2004

Kirby Case: An Expanded Analysis

Following is a more expanded analysis of the recent U.S. Supreme Court decision than the short summary provided yesterday. This analysis was prepared by Chester Hooper or Holland & Knight. On November 9, 2004, The Supreme Court of the United States decided Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd., docket No. 02­1028 (Nov. 9, 2004). The Court reversed the Eleventh Circuit and held that Himalaya Clauses in both an NVOCC's bill of lading, and in a VOCC's bill of lading extended the bill of lading COGSA package limitation or other protection to the participating land carrier, the Norfolk Southern Railway Co., which was hired by an affiliate of the VOCC.