The U.S. Federal Maritime Commission (FMC) has issued a final rule outlining the criteria for determining when an ocean carrier’s refusal to provide vessel space accommodations is unreasonable. This new regulation aims to protect shippers from unfair practices and promote fair competition in the maritime industry.
The rule, mandated by the Ocean Shipping Reform Act of 2022, clarifies the distinction between refusals occurring during the negotiation phase and those during the execution phase of a shipping contract. Each case will be evaluated on its own merits, considering factors such as the carrier’s justification and the specific circumstances.
To enhance transparency, ocean carriers will be required to submit confidential annual reports detailing their pricing strategies, services, and equipment availability. This information will aid the FMC in assessing the reasonableness of carrier actions.
While the rule takes effect in 60 days, the implementation of the annual reporting requirement is pending approval from the Office of Management and Budget.
The FMC believes this new regulation will foster a more balanced relationship between ocean carriers and shippers, leading to improved efficiency and reliability in the global supply chain.
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