A coming Federal Maritime Commission proposed rulemaking on Ocean Transport Intermediaries (OTIs) makes a number of major revisions to a previous proposal on the subject, said FMC Commissioner William Doyle at the National Customs Brokers & Forwarders Association of America Government Affairs Conference. Doyle gave a detailed preview of a coming OTI proposal, which he said is expected to come out in the near future. The NCBFAA previously said it expected the FMC to pull back on its OTI rulemaking that would have meant some major new financial and licensing requirements for OTIs (see 14071616). Among the changes to the rulemaking, the FMC will not increase the bond amounts for Non-Vessel Operating Common Carriers and forwarders and will not create new standards for OTI advertising, he said.
The Federal Maritime Commission scheduled a meeting at 10 a.m. on Sept. 25 at its First Floor Hearing Room in Washington, D.C. Agenda items include: (1) Briefing on Public Forum held September 15th at the Port of Los Angeles Concerning Causes and Implications of Congestion at U.S. Ports; (2) Briefing on Publication of Ocean Transportation Intermediary Licensing Information on Commission's website; and (3) Amendments to Regulations Governing Ocean Transportation Intermediary Licensing and Financial Responsibility Requirements, and General Duties.
A scheduled power outage at the Federal Maritime Commission's headquarters will make all public facing applications unavailable on Saturday, Sept. 6 from 7 a.m. to 1 p.m., the agency said. The outage will impact all applications listed (here) "as well as access to SERVCON and the Online Agreement Library," the agency said.
The Pipeline and Hazardous Materials Administration issued a proposed rule on Aug. 25 to harmonize the hazardous materials (hazmat) regulations with international agreements. The proposal would implement recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations. The changes affect proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements, said the PHMSA. Comments are due Oct. 24.
The Federal Maritime Commission plans to hold a public forum focused on U.S. port congestion, the agency said. "The forum’s goal is to promote dialogue on the causes and implications of congestion at U.S. ports," it said. The event is scheduled for Sept. 15 at the Port of Los Angeles Administration Building and will be moderated by FMC Chairman Mario Cordero.
The Federal Maritime Commission released notices on recently received applications for Ocean Transportation Intermediary licenses, as well as reissuances and revocations and terminations of current agreements. Interested parties may contact the Office of Transportation Intermediaries at 202-523-5843 or at OTI@fmc.gov.
The Federal Maritime Commission released a notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within 10 days.
The Pipeline and Hazardous Materials Safety Administration is proposing to codify its standard operating procedures for issuing special permits under the Hazardous Materials Regulations. Special permits are issued by PHMSA to allow for deviations from hazmat rules. PHMSA’s proposed rule adds to its regulations the standard operating procedures for evaluating and approving special permits. The proposed changes “do not change previously established special permit and approval policies,” said PHMSA. Comments are due Oct. 14.
A proposal by the Federal Motor Carrier Safety Administration to prohibit the coercion of drivers to violate trucking rules would “open a Pandora's box of unintended consequences” for customs brokers and forwarders, said the National Customs Brokers & Forwarders Association of America in comments dated Aug. 7. Because refusing drivers that are about to violate hours of service limits could be considered coercion under the proposal, the end result would be cargo sitting at docks because the driver wouldn’t be able to move it and the arranger of transportation wouldn’t be able to call the trucking company to get a new driver, said NCBFAA.
The Pipeline and Hazardous Materials Safety Administration is proposing new regulations covering reverse logistics for certain hazardous materials. The agency’s proposed rule addresses requirements for goods that are shipped back to the vendor, distributor, manufacturer, or other entity for the purpose of returning, recalling product, or replacement. For shipments of hazardous materials covered by the proposed regulations, PHMSA would relax segregation requirements to allow the mixing of various hazard classes as long as the packages are not leaking, and would create a separate set of packaging standards. The new provisions would only apply to truck shipments under hazard classes 1.4 (ammunition), 2.1 (flammable gas), 2.2 (non-flammable compressed gas), 3 (flammable and combustible liquid), 4.1 (flammable solid), 5.1 (oxidizer), 5.2 (organic peroxide), 6.1 (poisonous materials), 6.2 (infectious substance), 8 (corrosive material) and 9 (miscellaneous). Air, ocean, and rail shipments would still be subject to hazardous materials rules for normal shipments. Comments are due Oct. 10.