Volume 7, Number 5
Oakland, California
|
May 6, 2003 Volume 7, Number 5 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 Paul Anderson as FMC Commissioner: Replaces Delmond Won |
President George W. Bush has nominated A. Paul Anderson of Florida to be a Commissioner of the Federal Maritime Commission, for the remainder of a five-year term expiring June 30, 2007. When this nomination is approved by the US Senate Mr. Anderson will replace Delmond Won, who has served as a Commissioner since August 1994. This is the third appointment to the FMC made by President Bush; the FMC Chairman, Steven Blust of Tampa, FL was confirmed by the US Senate on August 1, 2002, and Commissioner Rebecca Dye of North Carolina was confirmed in November 2002.
Paul Anderson currently serves as Vice President for Government Relations at JM Family Enterprises, Inc., of Deerfield Beach, Florida. JM Family Enterprises is US$7.8 billion privately held corporation. Its principal businesses focuses are vehicle distribution and processing, finance and warranty services, and insurance activities. Its subsidiary, Southeast Toyota Distributors (SET) is the world's largest independent distributor of Toyota vehicles.
Mr. Anderson also serves as Trustee of Broward (Florida) Community College, a post he was appointed to by Florida Governor Jeb Bush in 1999. This appointment expires on May 31, 2003. Previously, Mr. Anderson served as Director of Corporate Affairs and Assistant to the President of Hvide Marine, in Fort Lauderdale, Florida. Hvide Marine changed its name to Seabulk International, Inc. in 2001; it provides marine support and transportation services, serving primarily the energy and chemical industries.
| Peak Season Surcharges Effective 01Jun2003: Asia/USA Trade Lane Tariffs |
Many ocean carriers and NVOCCs serving the Asia/USA trade lane have recently filed Peak Season Surcharges (PSS) in their FMC Tariffs. These are effective June 1, 2003 through September 30, 2003, however, the expiration date could be extended. Many Carriers extended their Peak Season Surcharges in 2002 thru November or December. The PSS amounts vary, but the most commonly filed amounts are as follows. The 2003 PSS combined with the recently filed General Rate Increases (GRI) represents an increase in total ocean freight of US$ 1000 per 40’ container.
PEAK SEASON SURCHARGE (PSS)
Effective: 01Jun2003 thru 31Oct2003
From: North East Asia & South East Asia
To: US Ports and Points
US$225 per 20' Container
US$300 per 40' Container
US$340 per 40'HQ Container
US$380 per 45' Container
LCL Rates: US$6 per CBM or US$12 per weight ton
In order to comply with FMC regulations new surcharges must be filed in Carrier tariffs 30 days prior to initial effective dates. Any extension of the PSS beyond its published expiry date must also be filed 30 days in advance. Once filed in a tariff, the PSS applies to all applicable rates, except those noted: NOT SUBJECT TO PSS. Rules and surcharges of more than 600 tariffs are accessible at www.dpiusa.com
| Free Seminar on FMC Regulations: May 14th at Port of Long Beach Offices |
The Federal Maritime Commission has announced it will conduct a two-hour seminar at the Port of Long Beach offices at 10:00am on Wednesday, May 14, 2003. This is another in the series of informational seminars conducted by FMC’s Area Representatives. The seminars provide information about the FMC’s functions and services, and instruction regarding the regulatory obligations of providers and users of ocean liner shipping services it regulates. There is no charge for these seminars, but registration for the Long Beach Seminar is required by May 7, 2003. A seminar at New York will be conducted later this year; details will be posted at www.fmc.gov as available. For the Long Beach seminar, contact Oliver Clark on tel: 310-514-4905 or email: oliverc@fmc.gov
| Public Hearing on Proposed New Passenger Vessel Regulations Scheduled: Docket 02-15 |
The FMC Secretary has announced a public hearing will be held on June 11, 2003 to review proposed new regulations for passenger vessel operators serving US ports. These regulations were proposed in FMC Docket 02-15 in October 2002. In Docket 02-15 the FMC proposes to amend its rules regarding the establishment of passenger vessel financial responsibility under Sections 2 (Casualty) and 3 (Performance) of Public Law 89-777. The amendments would: eliminate the current ceiling on required performance coverage; adjust the amount of coverage required by providing for consideration of the obligations of credit card issuers; provide for the use of Alternative Dispute Resolution (ADR), including the Commission's ADR program, in resolving passenger performance claims; revise the application form; and make a number of technical adjustments to the Performance and Casualty rules.
Early in 2002 the Commission admitted its bonding and insurance requirements for passenger vessel operators serving the USA were not meeting the needs of the cruising public. Since September 2000 seven cruise operators declared Chapter 11 bankruptcy or ceased operating. Recently, Regal Cruises, Inc. ceased operations quite suddenly. Many cruise passengers contact the FMC to complain of problems in obtaining refunds of deposits and prepayments from cruise lines. These inquiries are handled by the Office of Consumer Complaints: tel: 202-523-5807, e-mail: complaints@fmc.gov
In August 2002 the FMC amended its rules on passenger vessel financial responsibility for nonperformance of transportation, by eliminating the availability of self-insurance, limiting guarantees to those Protection and Indemnity Associations approved by the Commission, and discontinuing the existing sliding scale formula for determining the amount of coverage required. These rule changes were proposed in Docket 02-07. Information received by the Commission during this rule making proceeding prompted the changes proposed in Docket 02-15.
The hearing on June 11, 2003 will be held in the Commission’s Main Hearing Room, Room 100, 800 North Capitol Street, N.W., Washington, D.C., at a time to be announced. Parties wishing to participate in this hearing must notify the FMC Office of the Secretary by close-of-business May 28, 2003, of the name, street address, e-mail address, telephone number, and the name of company or employer, if any. Parties wishing to participate should also provide a short, brief statement describing their position on the proposed rule. Submissions should be addressed to the Office of the Secretary: by e-mail to secretary@fmc.gov or by facsimile to 202-523-0014. The Commission will announce the time of the hearing and the order of presentation and time allotment during the week of June 2, 2003.
| FMC To Meet in Closed Session May 6, 2003: On-Going TSA Investigation Will be Reviewed |
The Federal Maritime Commissioners will meet in a session closed to the public on May 6, 2003 to review Fact Finding Investigation No. 25 - Practices of Transpacific Stabilization Agreement (TSA) Members Covering the 2002-2003 Service Contract Season. This investigation is led by FMC Commissioner Joseph E. Brennan. The Commission has collected detailed information from each of the TSA member carriers in response to Section 15 Orders. These required the TSA members to submit detailed information on the negotiation of service contracts for the 2002 - 2003 season, and the implementation of general rate increases (GRI) and peak season surcharges (PSS). Commissioner Brennan also held hearings in late 2002 to take testimony under oath and receive documents in evidence. This investigation was prompted by Petition P1-02 filed in May 2002 by the National Customs Brokers and Forwarders Association of America, Inc. (NCBFAA) and the International Association of NVOCCs, Inc. (IANVOCC). The NCBFAA and the IANVOCC claimed that TSA members violated the Shipping Acts by engaging in a concerted practice of discrimination against NVOCCs.
|
|
SIGNALS™ is provided as a service to its customers by Distribution-Publications, Inc. © 2002. All rights reserved.
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.