Federal Maritime Commission Explained

Seal:Federal Maritime Commission seal.svg
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Jurisdiction:Federal government of the United States
Headquarters:Washington, DC, US
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Deputyminister8 Name:-->
Chief1 Name:Dan Maffei
Chief1 Position:Chairman
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Website:https://www.fmc.gov/

The Federal Maritime Commission (FMC) is an independent agency of the United States government that regulates U.S. oceanborne transportation and the United States Merchant Marine.[1] It is chaired by Daniel B. Maffei.[2]

History

The FMC was established as an independent regulatory agency by Reorganization Plan No. 7, effective August 12, 1961. Prior to that time, the United States Federal Maritime Board was responsible for both the regulation of ocean commerce and the promotion of the United States Merchant Marine. Under the reorganization plan, the shipping laws of the U.S. were separated into two categories, regulatory and promotional. The newly created FMC was charged with the administration of the regulatory provisions of the shipping laws, while the promotional role was vested in the Maritime Administration (now part of the U.S. Department of Transportation).[3]

The passage of the Shipping Act of 1984 brought about a major deregulatory change in the regulatory regime facing shipping companies operating in the U.S. foreign commerce. The subsequent passage of the Ocean Shipping Reform Act of 1998, with its further deregulatory amendments and modifications to the Shipping Act of 1984, represented another pro-market shift in shipping regulation. The principle statutes or statutory provisions administered by the Commission are: the Shipping Act of 1984, the Foreign Shipping Practices Act of 1988, section 19 of the Merchant Marine Act, 1920, and Public Law 89-777.

Most of these statutes were amended by the Ocean Shipping Reform Act (OSRA) of 1998,[4] which took effect on May 1, 1999, and the Ocean Shipping Reform Act of 2022.[5] [6]

Organization

Current commissioners

List of commissioners:[7]

NamePartyTook officeTerm expires
Democratic (as Commissioner); (as Chair)
Independent
Republican
Democratic
Democratic

Bureaus and offices

List of bureaus and offices:[7]

Regulations of the FMC

Regulations of the FMC are found at 46 C.F.R. Chapter IV.

Regulations concerning Ocean Transport Intermediaries

Definitions

The FMC regulations regulate the activities of Ocean Transport Intermediaries (OTIs) in the US. The FMC regulations define OTI to include two classes of logistics service providers: (1) ocean freight forwarders and (2) non-vessel operating common carriers (NVOCCs).[8]

The FMC regulations define "ocean freight forwarder" as a person that (i) in the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers and (ii) processes the documentation or performs related activities incident to those shipments.[8]

The FMC regulations define "NVOCC" as a common carrier that does not operate the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier.[8]

Licensing requirements

OTIs must be licensed by the FMC before they perform OTI services in the United States.[9] Requirements for licensing are found at 46 CFR §§ 515.11-515.27.

Duties

The FMC regulations define duties with which OTIs must comply at 46 CFR §§ 515.31-515.34.

Fees and compensation

The FMC regulations set out certain rules regarding fees that freight forwarders may charge to their customers and compensation that freight forwarders may receive from carriers at 46 CFR §§ 515.41-515.91.

List of commissioners

PortraitCommissioner[10] Took officeLeft office
John HarlleeAugust 1961June 1969
Ashton C. BarrettFebruary 1962June 1977
Thomas E. StakemFebruary 1962June 1963
James V. DayFebruary 1962June 1984
John S. PattersonFebruary 1962September 1966
George H. HearnJuly 1964June 1978
James F. FanseenMarch 1967June 1971
Helen Delich BentleyJune 1970June 1975
Clarence G. MorseOctober 1971June 1976
Karl E. BakkeNovember 1975June 1977
Robert R. CaseyJanuary 1976September 1977
Richard J. DaschbachAugust 1977October 1982
Thomas F. MoakleyOctober 1977October 1988
Leslie KanukJune 1978June 1981
Peter N. TeigeJune 1980September 1981
Alan Green Jr.June 1981June 1985
James J. CareyOctober 1981June 1990
Robert SetrakianMay 1983August 1985
Edward J. PhilbinMarch 1985December 1989
Frank IvancieNovember 1985June 1992
Edward Hickey Jr.November 1985January 1988
Elaine ChaoApril 29, 1988April 19, 1989
William HathawayFebruary 8, 1990November 11, 1999
Rob QuartelApril 1990June 1994
Ming C. HsuJune 1990December 1999
Chris KochOctober 1990March 1994
Joe Scroggins Jr.June 1994June 2000
Delmond J. H. WonAugust 1994August 2003
Harold J. Creel Jr.August 17, 1994June 30, 2009
John A. MoranOctober 21, 1998April 2002
Joseph E. BrennanNovember 10, 1999January 1, 2013
Antony M. MerckJanuary 2000December 2001
Steven R. BlustAugust 12, 2002June 30, 2006
Rebecca F. DyeNovember 14, 2002present
A. Paul AndersonAugust 22, 2003May 30, 2008
Richard A. Lidinsky Jr.July 31, 2009April 1, 2013
Michael KhouriDecember 2009February 15, 2022
Mario CorderoJune 3, 2011January 23, 2017
William P. DoyleJanuary 1, 2013January 2, 2018
Dan MaffeiJune 30, 2016present
Louis E. SolaJanuary 23, 2019present
Carl BentzelDecember 9, 2019present
Max VekichFebruary 15, 2022present

Responsibility for U.S. merchant shipping has been held by different federal agencies since 1917. For a history, see United States Shipping Board.

External links

Notes and References

  1. Web site: About the FMC . FMC . US Government. 2013-06-25 . dead . https://web.archive.org/web/20130710065035/http://www.fmc.gov/about/about_fmc.aspx . Jul 10, 2013 .
  2. Web site: 2021-03-31. Daniel Maffei designated chairman of the Federal Maritime Commission. Sam . Chambers . 2021-04-08. Splash247. en-GB.
  3. Web site: Agencies - Federal Maritime Commission. Federal Register. 2019-11-17.
  4. FMC: The Ocean Shipping Reform Act: An Interim Status Report (June 2000). pdf, 48 p.
  5. Web site: "The Shipping Act of 2010": the Evolution Continues … . Steve . Block . October 1, 2010 . forwarderlaw.com . 2013-12-05 . https://web.archive.org/web/20140201235818/http://www.forwarderlaw.com/library/view.php?article_id=731 . 2014-02-01 . dead .
  6. Web site: 2022-06-16 . President Biden Signs Cantwell-Championed Ocean Shipping Reform Act . 2023-10-26 . U.S. Senate Committee on Commerce, Science, & Transportation . en.
  7. Web site: Bureaus & Offices . FMC . 2022-02-16 . dead . https://web.archive.org/web/20190411034919/http://www.fmc.gov/bureaus_offices/default.aspx . Apr 11, 2019 .
  8. Web site: eCFR — Code of Federal Regulations. www.ecfr.gov. en. 2018-10-14.
  9. Web site: eCFR — Code of Federal Regulations. www.ecfr.gov. en. 2018-10-14.
  10. Book: Federal Regulatory Guide. CQ Press. 2020. 978-1-5443-7726-1 .