The Federal Maritime Commission (FMC) is seeking public comment on a proposed plan to collect information on imports and exports by common carriers operating vessels that meet a requirement set forth as part of Public Law 116-146, the Ocean Shipping Reform Act of 2022 (OSRA).
More specifically, the law requires the Commission to collect and publish the total import and export tonnage and the total loaded and empty TEU per vessel of vessels calling on the US.
In addition, by law, ocean common carriers shall provide all necessary information to the Commission, which is required to publicly submit such information on a quarterly basis.
The Commission proposes to collect tonnage and TEU information from each designated common carrier on a monthly basis. It also proposes to collect information from ocean common carriers that transport 1,500 or more TEU per month (loaded and/or empty) into or out of US ports in international common carriage.
About 70 of the 154 currently registered common carriers operating vessels carry 1,500 or more TEU per month.
Applying the proposed approach will capture more than 99% of imported and exported cargo in containers.
In fact, the Commission can access additional information for less than 1% of the remaining data, if the circumstances deem it necessary.
Once the Request for Public Comment is published in the Federal Register, interested parties will have 60 days to share their views with the Commission.
This invitation for public comment is the latest action the Commission has taken to meet the requirements and deadlines established by OSRA. To date, the Commission has:
- Initiated development of a notice of proposed rulemaking on unreasonable refusal to deal or negotiate on vessel space accommodations
- Established an interim process for submitting charge complaints
- Prioritized enforcement activity through the establishment of the bureau of enforcement, investigations, and compliance
- Placed the trade on notice that self-executing provisions of OSRA are in immediate effect
- Placed the trade on notice that common carriers are required to immediately comply with detention and demurrage billing practices
- Published the fact finding 29 final report and
- Enhanced the resources and capabilities of the office of consumer affairs and dispute resolution services.
