Federal Maritime Commission

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Federal Maritime Commission
Federal Maritime Commission seal.svg
Agency overview
FormedAugust 12, 1961;63 years ago (August 12, 1961)
Jurisdiction Federal government of the United States
Headquarters Washington, DC, US
Agency executive
  • Vacant, Chairman
Website fmc.gov

The Federal Maritime Commission (FMC) is an independent agency of the United States government that regulates U.S. oceanborne transportation and the United States Merchant Marine. [1]

Contents

History

The FMC was established as an independent regulatory agency by Reorganization Plan No. 7, effective August 12, 1961. Prior to that time, the United States Federal Maritime Board was responsible for both the regulation of ocean commerce and the promotion of the United States Merchant Marine. Under the reorganization plan, the shipping laws of the U.S. were separated into two categories, regulatory and promotional. The newly created FMC was charged with the administration of the regulatory provisions of the shipping laws, while the promotional role was vested in the Maritime Administration (now part of the U.S. Department of Transportation). [2]

The passage of the Shipping Act of 1984 brought about a major deregulatory change in the regulatory regime facing shipping companies operating in the U.S. foreign commerce. The subsequent passage of the Ocean Shipping Reform Act of 1998, with its further deregulatory amendments and modifications to the Shipping Act of 1984, represented another pro-market shift in shipping regulation. The principal statutes or statutory provisions administered by the Commission are: the Shipping Act of 1984, the Foreign Shipping Practices Act of 1988, section 19 of the Merchant Marine Act, 1920, and Public Law 89-777.

Most of these statutes were amended by the Ocean Shipping Reform Act (OSRA) of 1998, [3] which took effect on May 1, 1999, and the Ocean Shipping Reform Act of 2022. [4] [5]

Organization

The commission is composed of five commissioners, appointed by the President by and with the advice and consent of the Senate. It is a bipartisan commission, so no more than three commissioners may be appointed from the same political party. The term of each commissioner is five years, with one term ending every year on June 30. When the term of a commissioner ends, the commissioner may continue to serve until a successor is appointed and qualified, but for a period not to exceed two years. Commissioners may serve a maximum of three terms. If they were initially appointed to fill a vacancy for an unexpired term, they may serve three terms in addition to that initial partial term. The President designates one of the commissioners as Chairman, who serves as the chief executive and administrative officer of the commission. [6]

Current commissioners

List of commissioners as of July 8,2025: [7]

PositionNamePartyTook officeTerm expires
ChairVacantJune 30, 2028
Member Rebecca F. Dye RepublicanNovember 14, 2002June 30, 2025
Member Dan Maffei DemocraticJune 30, 2016June 30, 2027
Member Max Vekich DemocraticFebruary 15, 2022June 30, 2026
MemberVacantJune 30, 2029

Bureaus and offices

List of bureaus and offices: [7]

Regulations of the FMC

Regulations of the FMC are found at 46 C.F.R. Chapter IV.

Regulations concerning Ocean Transport Intermediaries

Definitions

The FMC regulations regulate the activities of Ocean Transport Intermediaries (OTIs) in the US. The FMC regulations define OTI to include two classes of logistics service providers: (1) ocean freight forwarders and (2) non-vessel operating common carriers (NVOCCs). [8]

The FMC regulations define "ocean freight forwarder" as a person that (i) in the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers and (ii) processes the documentation or performs related activities incident to those shipments. [8]

The FMC regulations define "NVOCC" as a common carrier that does not operate the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier. [8]

Licensing requirements

OTIs must be licensed by the FMC before they perform OTI services in the United States. [9] Requirements for licensing are found at 46 CFR §§ 515.11-515.27.

Duties

The FMC regulations define duties with which OTIs must comply at 46 CFR §§ 515.31-515.34.

Fees and compensation

The FMC regulations set out certain rules regarding fees that freight forwarders may charge to their customers and compensation that freight forwarders may receive from carriers at 46 CFR §§ 515.41-515.91.

List of commissioners

PortraitCommissioner [10] Took officeLeft office
John Harllee August 1961June 1969
Ashton C. Barrett February 1962June 1977
Thomas E. Stakem February 1962June 1963
James V. Day February 1962June 1984
John S. Patterson February 1962September 1966
George H. Hearn July 1964June 1978
James F. Fanseen March 1967June 1971
HDBentley.jpg Helen Delich Bentley June 1970June 1975
Clarence G. Morse October 1971June 1976
Karl E. Bakke November 1975June 1977
Robert R. Casey.jpg Robert R. Casey January 1976September 1977
Richard J. Daschbach August 1977October 1982
Thomas F. Moakley October 1977October 1988
Leslie Kanuk June 1978June 1981
Peter N. Teige June 1980September 1981
Alan Green Jr. June 1981June 1985
Rear Adm. (lower half) James J. Carey, USN (2).jpg James J. Carey October 1981June 1990
Robert Setrakian May 1983August 1985
Edward J. Philbin March 1985December 1989
Frank Ivancie (cropped).png Frank Ivancie November 1985June 1992
Edward Hickey Jr. November 1985January 1988
Elaine Chao official portrait 2.jpg Elaine Chao April 29, 1988April 19, 1989
Wm D Hathaway Senate.jpg William Hathaway February 8, 1990November 11, 1999
Rob Quartel April 1990June 1994
Ming C. Hsu.jpg Ming C. Hsu June 1990December 1999
Chris Koch October 1990March 1994
Joe Scroggins Jr. June 1994June 2000
Delmond J.H. Won.jpg Delmond J. H. Won August 1994August 2003
Harold J. Creel Jr.jpg Harold J. Creel Jr. August 17, 1994June 30, 2009
John A. Moran.jpg John A. Moran October 21, 1998April 2002
Joseph Brennan desk portrait.jpg Joseph E. Brennan November 10, 1999January 1, 2013
Antony M. Merck.jpg Antony M. Merck January 2000December 2001
Steven R. Blust.jpg Steven R. Blust August 12, 2002June 30, 2006
Rebecca F. Dye, FMC Commissioner.jpg Rebecca F. Dye November 14, 2002present
Alan Paul Anderson.jpg A. Paul Anderson August 22, 2003May 30, 2008
Richard A. Lidinsky Jr.jpg Richard A. Lidinsky Jr. July 31, 2009April 1, 2013
Michael Khouri Official Portrait.jpg Michael Khouri December 2009February 15, 2022
Portrait picture of FMC Mario Cordero.jpg Mario Cordero June 3, 2011January 23, 2017
William Doyle.jpg William P. Doyle January 1, 2013January 2, 2018
Daniel Maffei official photo.jpg Dan Maffei June 30, 2016present
Louis E. Sola Official Photo.jpg Louis E. Sola January 23, 2019June 30, 2025
Carl Bentzel.jpg Carl Bentzel December 9, 2019December 13, 2024
Max Vekich, FMC Commissioner.jpg Max Vekich February 15, 2022present

Responsibility for U.S. merchant shipping has been held by different federal agencies since 1917. For a history, see United States Shipping Board.

References

  1. "About the FMC". FMC. US Government. Archived from the original on July 10, 2013. Retrieved June 25, 2013.
  2. "Agencies - Federal Maritime Commission". Federal Register. Retrieved November 17, 2019.
  3. FMC: The Ocean Shipping Reform Act: An Interim Status Report Archived October 19, 2013, at the Wayback Machine (June 2000). pdf, 48 p.
  4. Block, Steve (October 1, 2010). ""The Shipping Act of 2010": the Evolution Continues …". forwarderlaw.com. Archived from the original on February 1, 2014. Retrieved December 5, 2013.
  5. "President Biden Signs Cantwell-Championed Ocean Shipping Reform Act". U.S. Senate Committee on Commerce, Science, & Transportation. June 16, 2022. Retrieved October 26, 2023.
  6. 46 U.S.C.   § 46101
  7. 1 2 "Commissioner Archive". FMC. Retrieved July 8, 2025.
  8. 1 2 3 "eCFR — Code of Federal Regulations". www.ecfr.gov. Retrieved October 14, 2018.
  9. "eCFR — Code of Federal Regulations". www.ecfr.gov. Retrieved October 14, 2018.
  10. Federal Regulatory Guide. CQ Press. 2020. ISBN   978-1-5443-7726-1.