FMC Considers Canceling FMC-1 Filings of 46 "Inactive" VOCCs

(The FMC has previously found that maintenance of common carrier tariffs absent a present intention to furnish the common carrier services held out in such tariffs is contrary to the purposes of the Shipping Act and the FMC's tariff regulations¹ and that inactive carriers' tariffs in such unserved trades are subject to cancellation. FMC also found that tariff cancellations were necessary because it is misleading to the public, potentially unfair to competing carriers, and an administrative burden for FMC staff. FMC also seeks to assure that VOCC tariffs are not used as a means by which others may circumvent the bonding and licensing requirements applicable to non-vessel-operating common carriers.)

VOCCs Directed to Show Cause Why FMC Should Not Cancel FMC-1 Filings, Etc.

It has come to the FMC's attention that the following 46 entities are currently identified as active VOCCs on the FMC's website, but do not appear to be engaged in providing ocean common carrier service in the foreign commerce of the U.S. FMC states it appears those carriers may have ceased operations and failed to notify the FMC. Therefore, the following entities are directed to show cause why the FMC should not cancel their FMC-1 filings and why it should not order them to cease and desist all activities by which they may hold out to provide service as common carrier:

(See FMC notice for the addresses of these VOCCs.)

Entities Must Respond by Dec 7, FMC Will Issue Final Decision in March 2012

FMC states these entities are named as respondents in this proceeding. The respondents and any intervenors in support of them should file affidavits and memoranda of law by December 7, 2011. Any requests for evidentiary hearings must be filed by December 22, 2011. FMC will provide its final decision by March 6, 2012.

¹The Shipping Act of 1984 provides that an ocean common carrier holding out to provide service in the U.S. foreign trades must keep tariffs open to public inspection in an automated tariff system, showing all of the carrier’s rates, charges, classifications, rules, and practices between all points or ports on its own route and on any through route that has been established. The FMC's rules require that prior to the commencement of common carrier service pursuant to a published tariff, each common carrier must notify the FMC's Bureau of Trade Analysis (BTA) of the location of its tariff(s) and the publisher, if any, used to maintain its tariffs, by electronically submitting Form FMC-1 via the FMC's website.

Additionally, any changes in the information or the carrier's name, organization number, home office address, or telephone must be immediately transmitted to BTA. Carriers and conferences must also inform BTA, in writing, whenever a tariff is canceled and the effective date of that cancellation.

(DN 11-20, FR Pub 11/14/11)

List of the locations of all VOCC tariffs submitted on Form FMC-1 is available here.