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FMC Probing Shipping Constraints at Ocean Chokepoints

The Federal Maritime Commission is investigating how transit constraints at several “maritime chokepoints” around the world may be affecting ocean shipping and whether those constraints have been caused by foreign governments or foreign-flagged ships. The commission is specifically looking into constraints on ships traveling through the English Channel, the Malacca Strait, the Northern Sea Passage, the Singapore Strait, the Panama Canal, the Strait of Gibraltar and the Suez Canal, it said in a Federal Register notice released March 13. It said it may hold hearings, issue subpoenas or order testimony through depositions.

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The FMC is first asking for public comments on how transit challenges at those waterways may be affecting U.S. foreign trade and whether those are “caused by or attributable to” foreign government laws or the “practices, actions, or inactions of owners or operators of foreign-flag vessels.” It’s also asking for feedback on the “best steps” the FMC can take to address those challenges. Comments are due May 13.

The notice describes each of the “constraints” posed by the seven ocean shipping routes, saying most are often hampered by heavy congestion and limited passing opportunities, leading to shipping delays. Some also pose risks of shipping accidents, the FMC said, mentioning the English Channel, the Malacca Strait, the Singapore Strait and the Strait of Gibraltar.

Other routes pose geopolitical risks, the FMC said, specifically pointing to the Northern Sea Passage, an “emerging” maritime chokepoint as new shipping routes open due to the region’s waters becoming ice-free for longer periods. The commission said Russia is seeking to control the passage -- the shortest maritime route between Europe and Asia -- by imposing fees, while China ramps up its military presence in the region.

The Panama Canal also “holds substantial geopolitical importance,” the FMC said, and “political instability or disruptions in its operation could have far-reaching consequences.” The commission said it could take “remedial measures” to address issues at the Panama Canal, including by “refusing entry to U.S. ports by vessels registered in countries responsible for creating unfavorable conditions.”