The Federal Maritime Commission (FMC) has launched interim procedures to evaluate, examine, and adjudicate cost complaints filed by shippers to problem provider expenses. It notes that for the reason that enactment of the Ocean Shipping Reform Act of 2022 (OSRA) it has acquired greater than 175 cost grievance filings. The new procedures make clear the interim steps the FMC will take underneath the brand new authority granted by OSRA.
Under the introduced course of, a cost grievance that’s “perfected” with adequate data and particulars is promptly investigated by FMC workers within the Office of Investigations. The frequent provider shall be contacted by FMC workers as a part of the investigation and requested to answer the grievance, and justify the cost or payment being investigated. Both events are notified on the conclusion of the investigation.
If the investigation helps a discovering that the frequent provider’s cost shouldn’t be in compliance, the Office of Enforcement will advocate that the Commission—the 5 Commissioners as a physique—subject an “order to show cause” to the frequent provider underneath 46 C.F.R. § 502.91 to formally adjudicate the cost grievance. The frequent provider receiving the order should present why it shouldn’t be ordered to refund the charges or expenses paid or waive the charges in query. The Commission will subject a call on the order to indicate trigger, and for expenses not in compliance with the legislation, will order a refund or waiver. The Commission could then additionally provoke a separate civil penalty continuing with Commission’s Administrative Law Judge for consideration of penalties underneath 46 U.S.C. §§ 41107 and 41109.
An preliminary willpower to not refer a cost grievance to the Office of Enforcement doesn’t bar a celebration from submitting a subsequent small declare or formal grievance with the Commission. A celebration may additionally search various dispute decision companies by contacting the Commission’s Office of Consumer Affairs and Dispute Resolution Services.
The Commission’s Bureau of Enforcement, Investigations, and Compliance opinions all data acquired on alleged violations of the legislation and makes use of its prosecutorial authority to convey actions in opposition to events working unlawfully.
The FMC’s Ocean Shipping Reform Act of 2022 Implementation web page offers an in depth clarification of the cost Complaint course of in addition to solutions to Frequently Asked Questions on this matter.
The FMC says that have gained from these first proceedings will information it on what type a everlasting course of ought to take. A brand new everlasting process could be accomplished by means of a proper rulemaking after discover and public remark.
