Vessels coming from Djibouti must take additional security measures before entering the U.S. due to "deficient anti-terrorism port measures," the Coast Guard said in a notice. The U.S. notified the country of the issues, but the Coast Guard subsequently found that ports in "Djibouti failed to maintain effective anti-terrorism measures," with the exception of two ports, it said. As a result, vessels that visited a port in the Djibouti in its last five port calls -- other than the excepted ports -- are required to meet additional conditions for entry, it said. Additional countries that lack effective anti-terrorism measures and are subject to the security conditions are: Seychelles, Cambodia, Cameroon, Comoros, Cote d’Ivoire, Equatorial Guinea, The Gambia, Guinea-Bissau, Iran, Iraq, Liberia, Libya, Madagascar, Micronesia, Nauru, Nigeria, Sao Tome and Principe, Syria, Timor-Leste, Venezuela and Yemen.
The Pipeline and Hazardous Materials Safety Administration is issuing an interim final rule amending requirements for shipping lithium ion cells and batteries on passenger and cargo aircraft. The interim final rule “prohibits the transport of lithium ion cells and batteries as cargo on passenger aircraft; requires lithium ion cells and batteries to be shipped at not more than a 30 percent state of charge aboard cargo-only aircraft when not packed with or contained in equipment; and limits the use of alternative provisions for small lithium cell or battery shipments to one package per consignment,” PHMSA said. A limited exception is included for replacement batteries for medical devices on passenger aircraft. The interim final rule is intended to align the U.S. Hazardous Materials regulations with the 2015-16 edition of the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air. The new regulations take effect March 6, and comments on the interim final rule may be submitted until May 6.
The Federal Motor Carrier Safety Administration seeks comments on its implementation of freight forwarder financial responsibility requirements under the Moving Ahead for Progress in the 21st Century Act (MAP-21), it said in an advance notice of proposed rulemaking. Among the issues on which the FMCSA wants input is under what circumstances should the FMCSA immediately suspend a forwarder or freight broker’s operating authority when its bond or trust fund falls below the required $75,000. Currently FMCSA waits 30 days before suspending that authority, a major driver of non-payment to carriers and shippers, the agency said. On the other hand, immediately suspending would “raise due process concerns, as the Agency would be prohibiting the broker/freight forwarder from lawfully operating, without affording the company a chance to respond.” FMCSA is also asking for comments on group surety bonds, surety or trust responsibilities in cases of forwarder financial failure, and entities that should be eligible to offer trust funds. Comments are due Nov. 26.
Daniel Maffei, who was a commissioner on the Federal Maritime Commission, is no longer at the agency due to the expiration of his term, the FMC said in a news release. Maffei's term officially ended on June 30, 2017, but commissioners are allowed a one-year holdover period, and his ended June 29, 2018. Maffei joined the FMC in July 2016. The departure leaves the FMC with only two commissioners.
The Federal Maritime Commission is responding to importers' complaints that ocean carriers are unilaterally canceling the port/container yard-to-final-customer-destination leg of cargo contracts. The carriers say the shortage of trucking capacity is to blame The commission's Bureau of Enforcement began an "expedited inquiry" into the cancellations on April 20, it announced April 23. Shipping lines will need to respond FMC's letters within 30 days.
The Federal Maritime Commission will on Feb. 14 hold a meeting to discuss a petition filed by the Coalition for Fair Port Practices calling for new rules on demurrage, detention and per diem fees during events beyond the control of shippers (see 1612080021), the FMC said in a news release. The meeting will be closed to the public.
The Federal Maritime Commission is issuing a proposed rule to lift non-vessel-operating common carrier service arrangement (NSA) filing and “essential terms” publication requirements, and to allow NVOCC negotiated rate arrangements (NRAs) to be modified at any time. Under the proposal, an NVOCC would be able to provide for shippers’ acceptance of an NRA by booking a shipment thereunder if the NVOCC incorporates a “prominent written notice” in each NRA or amendment, the FMC said. Specifically for NSAs, the FMC is proposing to exempt them from a requirement to file them in its Service Contract Filing System (SERVCON), and is proposing to except NVOCCs from the requirement to publish, in tariff format, the essential terms of any NSA.
The Federal Maritime Commission created a new webpage to highlight the FMC's regulatory reform efforts, it said in a news release. The site "contains a comprehensive collection of links to all materials related to this undertaking including a brief chronology of the Commission’s Regulatory Reform Task Force to date, a report provided by the Regulatory Reform Officer to the Commission earlier this year, and comments received from the public outlining their regulatory reform priorities," it said.
The Federal Maritime Commission will meet on Nov. 8 at 10 a.m. to discuss the Supply Chain Innovation Teams and the review process for the Carrier and Marine Terminal Operator Agreement, the agency said. The FMC will also consider "commission action" on a National Customs Brokers & Forwarders Association of America petition involving negotiated rate arrangements, it said. The NCBFAA filed the petition in 2015 (see 1504290019) and the FMC issued a related final rule earlier this year (see 1704030022).
The Federal Maritime Commission voted on Sept. 20 to hold a public meeting on "demurrage, detention and per diem business practices and charges being assessed at various ports around the country by marine terminal operators (MTO) and vessel ocean common carriers (VOCCs)," the agency said in a news release. The meeting comes in response to an industry petition for the FMC to prohibit such fees during unexpected events (see 1612080021). "Witnesses to be invited to testify at the hearing will include: legal representatives of the petitioners, trade and shipper associations representing various interests, individual importers, exporters, customs brokers, freight forwarders, logistics companies, trucking and drayage companies, VOCCs, port authorities, and MTOs," the agency said. The testimony will help as the FMC "considers options to accept, modify or reject the proposed rule" mentioned in the petition, it said. FMC Commissioner Rebecca Dye also gave an update on efforts by the Supply Chain Innovation Teams, with a report expected to be published this fall, the FMC said.