FMC Seeks Comments On Exempting Military Rates From ' 8 4 Ship Act

The Federal Maritime Commission (FMC) has issued an Advance Notice of Proposed Rulemaking (ANPRM) to solicit comments from the public regarding whether military rates should be exempted or made fully subject to the filing requirements of section 8, and possibly section 10, of the 1984 Shipping Act.

If the FMC's treatment of military rates is seen as making meaningful comparisons difficult or unfair to MSC, U.S.-flag carriers or any other party, the commission could remove format exemptions presently enjoyed by U.S.-flag operators filing military rates and require such rates to be published in exactly the same manner and format as commercial rates, e.g., tariffs and service contracts.

However, if military rates do not present such difficulties, a full or partial exemption from the 1984 Shipping Act requirements may be warranted. The exemption could be limited to the tariff filing requirements of section 8, 46 U.S.C. app.

1707, or extended to the provisions of section 10 as well.

Comments are due 45 days after the June 3, 1992 publication of the ANPRM in the Federal Register.

For further information contact: Robert D. Bourgoin, General Counsel, Federal Maritime Commission, 1100 L St., N.W. Washington, D.C. 20573. (202) 523-5740.

Maritime Reporter Magazine, page 29, Jul 1992

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