The first major update to U.S. shipping laws in nearly a quarter-century was signed into law by President Biden June 16. The bill gives the Federal Maritime Commission (FMC) new tools to eliminate unfair shipping charges, prevent unreasonable denial of U.S. exports, and improve the oversight and enforcement tools needed to crack down on unfair practices.
The law is expected to establish additional requirements and prohibited conduct for ocean carriers and require the FMC to issue rules related to certain fee assessments, prohibited practices, and establishment of a shipping registry.
Furthermore, the new law authorizes the FMC under certain circumstances to issue an emergency order requiring common carriers to share information directly with shippers and rail and motor carriers.
Major provisions of this bill include:
Directs the FMC to self-initiate investigations of ocean common carriers’ business practices and apply enforcement measures when appropriate
Requires ocean carriers or marine terminal operators to certify that detention and demurrage charges comply with federal regulations or face penalties
Shifts the burden of proof regarding the reasonableness of detention and demurrage charges from the invoiced party to the ocean carrier that issues the charge
Allows the FMC to order refunds and civil penalties for noncompliant charges
Prohibits ocean carriers from unreasonably refusing cargo space accommodations for U.S. exports and from discriminating against U.S. exporters
Requires ocean carriers to report quarterly to the FMC on total import/export tonnage and 20-foot equivalent units (loaded/empty) per vessel that makes port in the U.S.
Prohibits carriers, MTOs, and ocean transportation intermediaries from retaliating against shippers (e.g., by refusing or threatening to refuse available service) because they have patronized another carrier or filed a complaint with the FMC
Authorizes the Department of Transportation (DOT) to collect data on dwell times for chassis used to transport containers
Authorizes the creation of shipping exchange registries that would allow for private shipping exchanges (which mediate contract disputes) to operate in the U.S. and be regulated by the FMC
Requires the DOT to hold a meeting within 90 days on identifying land where cargo containers could be stored or transferred to avoid congestion at port