The Federal Maritime Commission (FMC) has unveiled a proposed initiative aimed at gathering ocean carrier data to align with the Ocean Shipping Reform Act (OSRA) of 2022. The agency’s statement on Tuesday highlighted this move as part of its efforts to comply with the new regulations outlined in OSRA.
Under the proposed “data collection initiative,” carriers would be mandated to furnish import and export data, including metrics like tonnage and twenty-foot equivalent units (TEUs), on a monthly basis. The FMC has invited input from stakeholders, providing a 60-day window for comments on these proposed alterations, marking another step taken by the agency to adhere to the law implemented in June.
This initiative stands as one of multiple measures undertaken by the FMC to ensure alignment with the newly enacted OSRA, endorsed by President Joe Biden earlier in the year. Notably, the agency has emphasized the absence of a phased introduction for the enforcement of the new regulations, following the law’s enactment.
Shortly after the law’s passage, the commission introduced interim procedures for shippers to lodge complaints regarding contested charges or violations falling within the purview of the shipping reform act. Additionally, the FMC mandated compliance by ocean carriers with demurrage and detention billing practices, stressing the importance of accuracy and comprehensiveness in invoices.
To bolster its enforcement capabilities, the agency recently established the Bureau of Enforcement, Investigations, and Compliance, consolidating investigative and prosecutorial functions. This move includes augmenting the number of staff investigators, as per the agency’s statement.
FMC Chairman Daniel Maffei underscored the agency’s commitment to implementing OSRA, warning non-compliant parties of impending scrutiny and consequences for deviating from congressional directives.
The FMC’s forthcoming compliance deadline involves delivering a rulemaking by December concerning ocean carriers’ unreasonable refusal of vessel space accommodations when available. The agency anticipates publishing a Notice of Proposed Rulemaking to gather public comments in the near future.
