FMC Requests Additional Information from OAKMTOA

Contact: Karen V. Gregory, Secretary (202-523-5725)

Today the Federal Maritime Commission voted unanimously to issue a request for additional information (RFAI) to the parties of the Oakland MTO Agreement (OAKMTOA), an agreement among five container terminals at the Port of Oakland, concerning an Amendment to the agreement that would authorize an off-peak hours program. This request for additional information delays the effectiveness of the proposed amendment.

The Commission has concerns about the program being proposed based on an initial review and comments received from various stakeholders who would be impacted by the program. Stakeholders have expressed their concern that insufficient details about how the system will work have been made available to them. The Commission believes additional transparency by the parties will greatly aid in its analysis of this important issue. After the agreement parties have fully responded to the information request, a new 45-day review period will begin. Commission staff will continue their economic review to determine whether the proposed amendment is likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost.

Notice that the Commission has issued this request for additional information will be published in the Federal Register next week and will announce a 15-day public comment period for interested parties to comment on the proposed agreement.

The Federal Maritime Commission is the federal agency responsible for regulating the nation’s international ocean transportation for the benefit of exporters, importers, and the American consumer. The FMC’s mission is to foster a fair, efficient, and reliable international ocean transportation system while protecting the public from unfair and deceptive practices.