September 6, 2007
Volume 11, Number 9
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 Announces FMC Chairman and Commissioner Nominations

President George W. Bush has sent the US Senate a nomination for 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, 2012, and to designate him Chairman.  Anderson currently serves as an FMC Commissioner.  He was appointed to the Commission by President Bush in 2003.  Prior to this, Anderson served as Vice President of Public Affairs and Government Relations at J.M. Family Enterprises.  Earlier in his career, he served as Director for Public Affairs, Assistant to the President and Marketing Manager of Hvide Marine, Inc.  Anderson received his bachelor's degree from the University of Florida.

President Bush also submitted a nomination for Carl B. Kress, of California, to serve as an FMC Commissioner for the remainder of a five-year term expiring June 30, 2011.  Kress currently serves as Regional Director for the Middle East, North Africa and South Asia at the United States Trade and Development Agency.  Prior to this, he served as Chief of Staff of the United States Trade and Development Agency.  Earlier in his career, he served worked at the United States International Trade Commission. Mr. Kress received his bachelor's degree from the University of California at Berkeley, received his JD from the University of California at Los Angeles and an LLM from the University of Hamburg in Germany.  Both nominations now await the approval of the Senate Committee on Commerce, Science, and Transportation.

 Electronic Filing Option for FMC-OTI License Applications

Effective September 24, 2007 applications for the license to operate as an Ocean Transportation Intermediary (OTI) may be submitted electronically to the Federal Maritime Commission.  The FMC will continue to accept paper applications, but to encourage the use of this new filing option the FMC has announced lower filing fees for applications submitted electronically.  License applications submitted electronically will be assessed filing fees of $250 for new applicants, or $125 for license amendments.  The current fees for applications submitted on paper are $825 for new applicants, or $525 for amendments.  This new option also requires applicants to submit all the supporting documents electronically; for example, copies of Articles of Incorporation, Certificates of Good Standing, and Operating Agreements.

This development is part of the Commission’s continued use of technological enhancements to improve efficiency and facilitate the exchange of information within the Commission and with the shipping industry.  The new license filing system is password-protected to ensure the security of information being collected and to appropriately restrict external access to data to the applicant and its authorized agents.  Many license applications are filed by attorneys or authorized agents acting on behalf of their clients.  Distribution-Publications, Inc. (DPI) participated in the testing of the new system.  According to DPI’s President, James Devine, “We were pleased to provide our input to the FMC on its new license filing system.  We will use it exclusively for all applications we handle.  We know our clients will like the reduced filing fees.”

 Docket No. 07-09: FMC Investigation of Jamteck International Shipping

The Federal Maritime Commission has announced the launch of an investigation into Jamteck International Shipping Inc., a New York-based FMC licensed OTI and its Qualifying Individual and President, Angella Barnett-Walker.  The FMC issued a formal order of investigation and hearing in Docket No. 07-09 August 24, 2007.  According to the Docket the FMC has reason to believe Barnett-Walker misrepresented her employment history on Jamteck’s OTI license application filed with the FMC March 27, 2006.  Commission regulations stipulate Qualifying Individuals are required to have at least three years of OTI experience.  In Jamteck’s OTI application Barnett-Walker claimed to have worked for two employers over a four year period.  However, information gathered from these employers has lead the FMC to believe that not only does Barnett-Walker not have three years of OTI experience, but that she also made false or misleading statements regarding previous OTI experience.  If FMC finds commission regulations were violated Jamteck may be issued a cease and desist order.  The Initial decision in this proceeding will be issued August 25, 2008.

 TSA Carriers Maintain BAF, IFC, Warn of Tight Space Due to Peak Season

The carrier members of the Transpacific Stabilization Agreement (TSA), FMC Agreement No. 011223, serving the East Asia/USA trade lane have announced they will maintain current Inland Fuel Charges (IFC) and Bunker Adjustment Factors (BAF), for the month of October.  TSA also warned of tight space as the Peak Season progresses, citing congestion at many Asian ports as a main factor in an August 9, 2007 press release.  TSA expects volumes and utilization to rise through October, with effects likely spilling over into 2008.

For the period of October 1, 2007 to October 31, 2007 Inland Fuel Charges will remain at current levels of  US$ 222 per container for MLB and IPI shipments moving via rail, and to US$ 64 per container for truck transport to "Group 4" points in California, Oregon and Washington, and for East Coast local store-door truck moves.  Bunker Adjustment Factors for the same period will also remain at the following current levels: US$ 545/20ft ctr, US$ 680/40ft ctr, US$ 765/40ft hi-cube ctr, US$ 860/45ft ctr and US$ 15/WM.  The current currency Adjustment Factor of 0% for Japan will also remain unchanged at least until December 31, 2007. 

The 14 member carriers of TSA are American President Lines, CMA-CGM, COSCO Container Lines Ltd., Evergreen Marine Corp., Hanjin Shipping, Hapag-Lloyd Container Line, Hyundai Merchant Marine, "K" Line, Mediterranean Shipping Co., Mitsui O.S.K. Lines, NYK Line, OOCL, Yang Ming Marine, and Zim Integrated Shipping Services.  Visit www.tsacarriers.org for additional information.

 WTSA Maintains Current IFC, BAF Surcharges and Extends Current CAF

The Westbound Transpacific Stabilization Agreement (WTSA), FMC Agreement No. 011325, whose member lines serve the US export trades from the USA to East Asia, announced current Inland Fuel Surcharges (IFC) and Bunker Adjustment Factors (BAF) will remain unchanged for the month of October.  WTSA also announced current Currency Adjustment Charges will be extended through December.  IFC effective October 1, 2007 to October 31, 2007 will remain at current levels of US$ 222 per container for rail and intermodal rail/truck shipments, and US$ 64 per container for local/regional truck shipments.  BAF effective for the month of October will also remain at current levels of US$ 544/20ft ctr, US$ 680/40ft/45ft ctr, and US$ 34/WM.  CAF from October 1, 2007 to December 31, 2007 will remain at current levels as follows: Japan 0%, Korea 0%, Taiwan 4% and Singapore 13%. 

The 10 member carriers of WTSA are American President Lines, COSCO Container Lines, Evergreen Marine Corp., Hanjin Shipping, Hapag-Lloyd Container Line, Hyundai Merchant Marine, "K" Line, NYK Line, OOCL and Yang Ming Marine.   For more info visit www.wtsacarriers.org.

 TACA Increases Eastbound Rates and Bunker Adjustment Factors

The Trans-Atlantic Conference Agreement (TACA), whose member carriers serve the trade between the USA and North Europe, United Kingdom and Ireland, Scandinavia and Baltic Ports, announced increases to current Bunker Adjustment Factors (BAF) and implementation of an Eastbound rate increase.  BAF for the period of September 16 to October 15, 2007 will be as follows:  for shipments to/from/via Atlantic/Gulf Coast Ports US$ 607 per 20ft ctr, US$ 1214 per 40ft/45ft ctr and US$ 61/WM; and for shipments to/from/via Pacific Coast Ports US$ 911 per 20ft ctr, US$ 1822 per 40ft/45ft ctr and US$ 91/WM.  Currency Adjustment Factors for the same period will remain unchanged at 10%.

Following a recent review of current and projected Trans-Atlantic trading conditions, TACA announced that current rate levels are failing to provide sustainable returns commensurate with services provided.  Effective October 1, 2007 TACA will implement an Eastbound tariff rate restoration at the following levels for all Eastbound dry van and temperature controlled containers: to/from Atlantic Coast Ports US$ 240/20ft ctr, US$ 300/40ft/45ft ctr and US $15/WM, to/from Gulf and Pacific Coast Ports US$ 400/20ft ctr, US$ 500/40ft/45ft ctr and US $25/WM.  TACA members are Atlantic Container Line, Maersk Line, Mediterranean Shipping Co., NYK Line and OOCL.  Visit www.tacaconf.com.


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Vol. 11 No. 9, September 6, 2007

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.