Most recently, it has announced a new website, at https://www.fmc.gov/osra-2022-implementation/ which will enable industry participants to keep track of FMC actions mandated in OSRA 2022.
FMC Chair Daniel Maffei said, in a release, “OSRA 2022 is now law and the Federal Maritime Commission intends to act expeditiously to implement both the letter and the spirit of the Act. Establishing a resource where the public can easily and quickly see all relevant materials related to OSRA implementation is critical to keeping all interested constituencies informed of progress the Commission is making in meeting the mandates established by the Congress and the President.”
In the past weeks, the FMC has been active, most recently issuing a Request for Public Comment on the necessity of issuing an emergency order requiring common carriers and marine terminal operators to share key information with shippers, truckers, and railroads. OSRA 2022 included an authorization that the FMC issue an emergency order, however, it needs to first seek comments from those impacted on three questions.
First, comments are being sought on whether “congestion created an emergency situation of a magnitude such that there exists a substantial, adverse effect on the competitiveness and reliability of the international ocean transportation supply system”. Then, views are sought on whether an emergency order, if issued by the FMC, actually alleviate the emergency situation, if one is found to exist. Finally, comments are being sought on what the appropriate scope of such an order might be.
Also, during August, the Commission has issued a Request for Public Comment on a proposed plan for gathering import and export information from carriers, actually “Vessel Operating Common Carriers”, or VOCCs, calling at US ports; this also comes directly out of OSRA 2022. In this initiative, the FMC would gather TEU import and export data from carriers- this would be published on a monthly basis.
Additionally, the FMC has begun development of a Notice of Proposed Rulemaking on Unreasonable Refusal to Deal or Negotiate on Vessel Space Accommodations. In this process- also tied to OSRA 2022, the FMC would propose actual wording to be added to the US Code of Federal Regulations- but would request, and consider comments prior to actually implementing rules.
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