FMC Regulatory Agenda Continues to Mention OSRA Rulemakings
The Federal Maritime Commission published its spring 2023 regulatory agenda and continued to mention several rules to implement the Ocean Shipping Reform Act of 2022, including a proposed rule to define unfair or unjustly discriminatory methods that violate U.S. shipping regulations. The FMC said it plans to issue that rule in December.
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The agenda also mentions a proposed rule, due in September, that will address “inconsistencies in the manner in which different carriers are interpreting and applying certain aspects” of the FMC’s rules. Another proposed rule, due in December, will “modernize outdated requirements and clarify existing requirements associated with” carrier and marine terminal operator agreements.
Agenda Highlights
Highlights of the FMC rulemakings that are at the proposed or final stages are below. New items are marked with an asterisk (*).
| Proposed Rule Stage |
|---|
| Carrier Automated Tariffs |
| Demurrage and Detention Billing Requirements |
| Ocean Common Carrier and Marine Terminal Operator Agreements |
| Definition of Unreasonable Refusal to Deal or Negotiate With Respect to Vessel Space Accommodations Provided by an Ocean Common Carrier |
| Definition of Unfair or Unjustly Discriminatory Methods Under 46 USC 41104(a)(3) |
| Final Rule Stage |
| *Civil Penalty Amendments to 46 CFR Part 502, Rules of Practice and Procedure |
| *Update of Existing FMC User Fees |