July 5, 2002 Volume 6, Number 7 Oakland, California

SIGNALS™ provides detailed information on the regulations and activities of the US Federal Maritime Commission (FMC), and related developments in the ocean freight industry. For past issues, please consult our index.

President Bush Nominates Rebecca F. Dye to the Federal Maritime Commission

President Bush has nominated Rebecca F. Dye to the Federal Maritime Commission. Ms. Dye has been nominated to serve the remainder of a five-year term expiring June 30, 2005. This is the term recently held by Commissioner John Moran. For the past 15 years Ms. Dye has served as a Committee Counsel in the U.S. House of Representatives. Since 1995 she has worked as Counsel to the Transportation and Infrastructure Committee; from 1987 to 1995, she served as Minority Counsel for the Merchant Marine and Fisheries Committee. Ms. Dye earned a law degree from the University of North Carolina at Chapel Hill. Ms. Dye’s nomination was sent on June 13th to the US Senate Committee on Commerce, Science and Transportation for review and confirmation. Meanwhile, the nomination of Steven Robert Blust, of Tampa, Florida, to serve as FMC Chairman remains pending before the Committee. The next scheduled meeting of this Senate Committee will be held on July 18th.

Bureau of Enforcement to Increase Miami Area Staff

The FMC Bureau of Enforcement recently advertised an opening for an additional Area Representative for its Miami office. The Bureau maintains a headquarters office in Washington, DC, as well as Area Representatives in Los Angeles, Miami, New Orleans, New York and Seattle. In addition to investigative and monitoring functions, Area Representatives represent the Commission within their geographic areas, provide liaison between the Commission and the maritime industry and the shipping public, and assess industry conditions.

Results of FMC Meeting on June 25, 2002:   New Chinese Shipping Regulations Reviewed

The meeting of the Federal Maritime Commissioners on June 25th resulted in several actions. In the matter of Petition P01-02 For an Investigation of the Contracting Practices of the Transpacific Stabilization Agreement, the Commissioners decided to secure and assess additional information to assist it in determining whether more formal action is merited. The comment period in this matter is now extended until July 15th. This may indicate the FMC does not believe it has sufficient evidence to proceed with a formal investigation.

The comment period for Docket 98-14, Chinese Shipping Restrictions was also extended until July 15th. After reviewing this matter in closed session the Commission issued a Press Release announcing that the Ministry of Communications of the People’s Republic of China has invited comments on its Proposed Implementing Rules for the Regulations of the Peoples Republic of China on International Maritime Transportation. This 50 page notice provides 83 Articles proposed by the Chinese Ministry of Communications to implement new licensing regulations, and to establish penalties for violations of these regulations. No mention of tariff filing regulations is made in these Articles. If adopted, these rules will implement the new Chinese Shipping Law that was enacted in December 2001, and significantly increase the regulation of vessel operators and NVOCCs operating in China.

FMC Chairman Creel has urged the Chinese Ministry to extend its comment period before enacting these new rules. More information on how to submit comments is available from the FMC Secretary, Mr. Bryant Van Brakle, e-mail: secretary@fmc.gov, Tel: 1-202-523-5725, Fax: 1-202-523-0014

FMC Terminates Licenses of 38 OTI-Freight Forwarders and NVOCCs

The FMC has recently terminated the licenses of Ocean Transportation Intermediaries (OTIs). Licenses that were surrendered voluntarily are noted with the symbol (S). License numbers ending with the letter "F" are Freight Forwarders; those ending with "N" are NVOCCs. Six OTIs regained their licenses; see REISSUANCES.

Volume 6   Number 7      July, 2002

The information contained herein is obtained from reliable sources. It is subject to change at any time, however, depending on changes in laws and regulations. While we continually attempt to monitor this information, we do not guarantee its accuracy and are not responsible for any damages suffered by any party in reliance on it.