Page 12: of Maritime Logistics Professional Magazine (May/Jun 2017)

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REGULATORY WATCH industry’s largest and most technologically advanced new • Financial responsibility: clarifes that “A person may building programs, with 17 newbuilds on order; comprised of not act, including holding itself out by solicitation, adver- six 18,800 TEU and eleven 15,000 TEU containerships. These tisement, or otherwise as an ocean transportation interme- vessels will be the frst ultra large containerships in the indus- diary unless the person furnishes a bond, proof of insur- try to be delivered ‘LNG ready’; enabling the future use of ance, or other surety—“ dual fuel main engine technology. • Reports fled with the Commission: Expands the abil-

Maersk is party to the 2M Alliance with Mediterranean ity of the Federal Maritime Commission to require not just

Shipping Company (MSC). from common carriers but also from marine terminal op-

Hamburg Süd who had not previously been party to one of erators, fling with the Commission of periodical or special the major Alliances will now be a member of 2M by virtue reports, an account, record, rate, or charge, or a memoran- of its acquisition by Maersk. Hapag Lloyd is a member of dum of facts and transactions related to the business of the the OCEAN Alliance with China Ocean Shipping and CMA marine terminal operator, as applicable.

CGM. UASC through merging with Hapag Lloyd will be sub- • Treatment of tug operators: expands the exception to sumed into the OCEAN Alliance. the exemption from antitrust laws to include tug operators under § 40307(b) – “This part does not extend antitrust im-

On the Hill munity to – (1) an agreement with or among air carriers,

Both the U.S. House of Representatives and the U.S. Senate rail carriers, motor carriers, tug operators or common car- have been actively involved with shipping matters this year. As riers by water not subject to this part relating to transporta- requested by House and Senate leaders, I participated in sev- tion within the United States;” eral rounds of discussions and drafting reviews throughout the • Treatment of tug operators: amends § 41105(4) to legislative process. That legislative activity from the appropri- read: (4) negotiate with a tug operator, non-ocean car- ate Committees in the Senate and House is outlined to follow: rier or group of non-ocean carriers (such as truck, rail, or air operators) on any matter relating to rates or services

U.S. Senate: Federal Maritime Commission Authorization provided to ocean common carriers within the United

Act of 2017 (Approved May 18 in the Senate Commerce, Sci- States by those tug operators or non-ocean carriers, un- ence and Transportation Committee) less the negotiations and any resulting agreements are not • Preventing deceptive practices: clarifes that a person in violation of the antitrust laws and are consistent with “may not act, including holding itself out by solicitation, the purposes of this part, except that this paragraph does advertisement, or otherwise, as an ocean transportation in- not prohibit the setting and publishing of a joint through termediary unless the person holds an ocean transportation rate by a conference, joint venture, or association of ocean license issued by the Federal Maritime Commission.” common carriers.”

Image credit: Hapag-Lloyd 12 Maritime Logistics Professional May/June 2017 | |