FMC to Meet on Feb 10th on NCBFAA Petition for an NVOCC Tariff Exemption, Etc.

The Federal Maritime Commission has issued a notice announcing that it will hold an open meeting on February 10, 2010 in Washington, DC.

FMC to Discuss NCBFAA Petition for NVOCC Exemption from Tariff Publication

During the meeting, the FMC will discuss the National Customs Brokers and Forwarders Association of America's petition for an exemption from mandatory rate tariff publication (Petition P1-08).

(NCBFAA petitioned for an exemption from the provisions of the Shipping Act of 1984 that require non-vessel operating common carriers (NVOCCs) to publish and/or adhere to rate tariffs for ocean transportation in those instances where they have individually negotiated rates with their shipping customers and memorialized those rates in writing. See ITT's Online Archives or 08/11/08 news, 08081125, for BP summary.)

FMC to Consider Time Extension Requests for Two Cases

The FMC will also consider a request for extension of time in the case of Worldwide Relocations, Inc., et al. for possible violations of the 1984 Shipping Act and certain FMC regulations (D/N 06-01).

(The FMC ordered an investigation of nine household goods moving companies to determine whether they violated the 1984 Shipping Act and FMC's regulations by operating as NVOCCs in the U.S. trades without obtaining licenses from FMC, without providing proof of financial responsibility, without publishing an electronic tariff, and by failing to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing, or delivering property, etc. See ITT's Online Archives or 01/24/06 news, 06012415, for BP summary.)

FMC will also consider a request for extension of time in the case of Tienshan, Inc. v. Tianjin Hua Feng Transport Agency Co., Ltd. (D/N 08-04).

(A complaint was filed with FMC by Tienshan alleging that Tianjin, a Chinese company operating as a bonded and tariff foreign-based NVOCC is unlawfully holding a bill of lading alleging debts owed by Tienshan to Tianjin. See ITT's Online Archives or 09/05/08 news, (Ref:08090599) 4, for BP summary.)

FY 2010 Budget Status Update

FMC is also scheduled to discuss its fiscal year 2010 budget status update at the meeting.

FMC contact - Karen Gregory (202) 523-5725

FMC meeting notice available at http://www.fmc.gov/home/February102010Meeting.asp