The Federal Maritime Commission (FMC) is an independent agency of the United States government that regulates U.S. oceanborne transportation and the United States Merchant Marine.[1] It is chaired by Daniel B. Maffei.[2]
 | |
| Agency overview | |
|---|---|
| Formed | August 12, 1961 |
| Jurisdiction | Federal government of the United States |
| Headquarters | Washington, DC, US |
| Agency executive |
|
| Website | https://www.fmc.gov/ |
History
editThe FMC was established as an independent regulatory agency by Reorganization Plan No. 7, effective August 12, 1961. Prior to that time, the United States Federal Maritime Board was responsible for both the regulation of ocean commerce and the promotion of the United States Merchant Marine. Under the reorganization plan, the shipping laws of the U.S. were separated into two categories, regulatory and promotional. The newly created FMC was charged with the administration of the regulatory provisions of the shipping laws, while the promotional role was vested in the Maritime Administration (now part of the U.S. Department of Transportation).[3]
The passage of the Shipping Act of 1984 brought about a major deregulatory change in the regulatory regime facing shipping companies operating in the U.S. foreign commerce. The subsequent passage of the Ocean Shipping Reform Act of 1998, with its further deregulatory amendments and modifications to the Shipping Act of 1984, represented another pro-market shift in shipping regulation. The principle statutes or statutory provisions administered by the Commission are: the Shipping Act of 1984, the Foreign Shipping Practices Act of 1988, section 19 of the Merchant Marine Act, 1920, and Public Law 89-777.
Most of these statutes were amended by the Ocean Shipping Reform Act (OSRA) of 1998,[4] which took effect on May 1, 1999, and the Ocean Shipping Reform Act of 2022.[5][6]
Organization
editThe commission is composed of five commissioners, appointed by the President by and with the advice and consent of the Senate. It is a bipartisan commission, so no more than three commissioners may be appointed from the same political party. The term of each commissioner is five years, with one term ending every year on June 30. When the term of a commissioner ends, the commissioner may continue to serve until a successor is appointed and qualified, but for a period not to exceed two years. Commissioners may serve a maximum of three terms. If they were initially appointed to fill a vacancy for an unexpired term, they may serve three terms in addition to that initial partial term. The President designates one of the commissioners as Chairman, who serves as the chief executive and administrative officer of the commission.[7]
Current commissioners
editList of commissioners as of September 11, 2024:[8]
| Position | Name | Party | Took office | Term expires |
|---|---|---|---|---|
| Chair | Dan Maffei | Democratic | June 30, 2016 (as commissioner) March 29, 2021 (as chair) |
June 30, 2027 |
| Member | Rebecca F. Dye | Independent | November 14, 2002 | June 30, 2025 |
| Member | Louis E. Sola | Republican | January 23, 2019 | June 30, 2023 |
| Member | Carl Bentzel | Democratic | December 9, 2019 | June 30, 2024 |
| Member | Max Vekich | Democratic | February 15, 2022 | June 30, 2026 |
Nominations
editPresident Biden has nominated the following to fill seats on the commission. They await Senate confirmation.[9]
| Name | Party | Term expires | Replacing |
|---|---|---|---|
| Louis E. Sola | Republican | June 30, 2028 | Reappointment |
Bureaus and offices
editList of bureaus and offices:[8]
- Office of Equal Employment Opportunity
- Office of the Inspector General
- Office of the Administrative Law Judges
- Office of Consumer Affairs and Dispute Resolution Services
- Office of the General Counsel
- Office of The Secretary
- Office of the Managing Director
- Office of Budget and Finance
- Office of Human Resources
- Office of Information Technology
- Office of Management Services
- Bureau of Enforcement
- Bureau of Certification and Licensing
- Bureau of Trade Analysis
- Area Representatives
Regulations of the FMC
editRegulations of the FMC are found at 46 C.F.R. Chapter IV.
Regulations concerning Ocean Transport Intermediaries
editDefinitions
editThe FMC regulations regulate the activities of Ocean Transport Intermediaries (OTIs) in the US. The FMC regulations define OTI to include two classes of logistics service providers: (1) ocean freight forwarders and (2) non-vessel operating common carriers (NVOCCs).[10]
The FMC regulations define "ocean freight forwarder" as a person that (i) in the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers and (ii) processes the documentation or performs related activities incident to those shipments.[10]
The FMC regulations define "NVOCC" as a common carrier that does not operate the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier.[10]
Licensing requirements
OTIs must be licensed by the FMC before they perform OTI services in the United States.[11] Requirements for licensing are found at 46 CFR §§ 515.11-515.27.
Duties
editThe FMC regulations define duties with which OTIs must comply at 46 CFR §§ 515.31-515.34.
Fees and compensation
editThe FMC regulations set out certain rules regarding fees that freight forwarders may charge to their customers and compensation that freight forwarders may receive from carriers at 46 CFR §§ 515.41-515.91.
List of commissioners
edit| Portrait | Commissioner[12] | Took office | Left office |
|---|---|---|---|
| John Harllee | August 1961 | June 1969 | |
| Ashton C. Barrett | February 1962 | June 1977 | |
| Thomas E. Stakem | February 1962 | June 1963 | |
| James V. Day | February 1962 | June 1984 | |
| John S. Patterson | February 1962 | September 1966 | |
| George H. Hearn | July 1964 | June 1978 | |
| James F. Fanseen | March 1967 | June 1971 | |
|
Helen Delich Bentley | June 1970 | June 1975 |
| Clarence G. Morse | October 1971 | June 1976 | |
| Karl E. Bakke | November 1975 | June 1977 | |
|
Robert R. Casey | January 1976 | September 1977 |
| Richard J. Daschbach | August 1977 | October 1982 | |
| Thomas F. Moakley | October 1977 | October 1988 | |
| Leslie Kanuk | June 1978 | June 1981 | |
| Peter N. Teige | June 1980 | September 1981 | |
| Alan Green Jr. | June 1981 | June 1985 | |
_James_J._Carey,_USN_(2).jpg)
|
James J. Carey | October 1981 | June 1990 |
| Robert Setrakian | May 1983 | August 1985 | |
| Edward J. Philbin | March 1985 | December 1989 | |
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|
Frank Ivancie | November 1985 | June 1992 |
| Edward Hickey Jr. | November 1985 | January 1988 | |
|
Elaine Chao | April 29, 1988 | April 19, 1989 |
|
William Hathaway | February 8, 1990 | November 11, 1999 |
| Rob Quartel | April 1990 | June 1994 | |
|
Ming C. Hsu | June 1990 | December 1999 |
| Chris Koch | October 1990 | March 1994 | |
| Joe Scroggins Jr. | June 1994 | June 2000 | |
|
Delmond J. H. Won | August 1994 | August 2003 |
|
Harold J. Creel Jr. | August 17, 1994 | June 30, 2009 |
|
John A. Moran | October 21, 1998 | April 2002 |
|
Joseph E. Brennan | November 10, 1999 | January 1, 2013 |
|
Antony M. Merck | January 2000 | December 2001 |
|
Steven R. Blust | August 12, 2002 | June 30, 2006 |
|
Rebecca F. Dye | November 14, 2002 | present |
|
A. Paul Anderson | August 22, 2003 | May 30, 2008 |
|
Richard A. Lidinsky Jr. | July 31, 2009 | April 1, 2013 |
|
Michael Khouri | December 2009 | February 15, 2022 |
|
Mario Cordero | June 3, 2011 | January 23, 2017 |
|
William P. Doyle | January 1, 2013 | January 2, 2018 |
|
Dan Maffei | June 30, 2016 | present |
|
Louis E. Sola | January 23, 2019 | present |
|
Carl Bentzel | December 9, 2019 | present |
|
Max Vekich | February 15, 2022 | present |
Responsibility for U.S. merchant shipping has been held by different federal agencies since 1917. For a history, see United States Shipping Board.
References
edit- ^ "About the FMC". FMC. US Government. Archived from the original on July 10, 2013. Retrieved June 25, 2013.
- ^ Chambers, Sam (March 31, 2021). "Daniel Maffei designated chairman of the Federal Maritime Commission". Splash247. Retrieved April 8, 2021.
- ^ "Agencies - Federal Maritime Commission". Federal Register. Retrieved November 17, 2019.
- ^ FMC: The Ocean Shipping Reform Act: An Interim Status Report (June 2000). pdf, 48 p.
- ^ Block, Steve (October 1, 2010). ""The Shipping Act of 2010": the Evolution Continues …". forwarderlaw.com. Archived from the original on February 1, 2014. Retrieved December 5, 2013.
- ^ "President Biden Signs Cantwell-Championed Ocean Shipping Reform Act". U.S. Senate Committee on Commerce, Science, & Transportation. June 16, 2022. Retrieved October 26, 2023.
- ^ 46 U.S.C. § 46101
- ^ a b "Commissioner Archive". FMC. Retrieved September 11, 2024.
- ^ "Quick Search Federal Maritime Commission". Congress.gov. Library of Congress. Retrieved September 24, 2024.
- ^ a b c "eCFR — Code of Federal Regulations". www.ecfr.gov. Retrieved October 14, 2018.
- ^ "eCFR — Code of Federal Regulations". www.ecfr.gov. Retrieved October 14, 2018.
- ^ Federal Regulatory Guide. CQ Press. 2020. ISBN 978-1-5443-7726-1.
External links
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