FMC Unveils Plan for Data Collection Initiative Mandated by OSRA

The Federal Maritime Commission is seeking public comments on a proposed plan for gathering import and export information from vessel-operating common carriers that is responsive to a requirement established as part of Public Law 116-146, the Ocean Shipping Reform Act of 2022 (OSRA).

The law mandates the Commission collect and publish total import and export tonnage and the total loaded and empty 20-foot equivalent units (TEU) per vessel of vessels calling the United States. The law further states that ocean common carriers shall provide all necessary information to the Commission. The Commission is required to publicly report this information on a quarterly basis.

The Commission proposes collecting information on tonnage and TEUs from each identified common carrier on a monthly basis. The Commission proposes to collect information from ocean common carriers that transport 1,500 or more TEUs per month (laden and/or empty) in or out of U.S. ports in international common carriage.

Approximately 70 of the 154 currently registered vessel-operating common carriers transport 1,500 or more TEUs per month. Implementing the proposed approach will result in capturing in excess of 99% of imported and exported containerized cargo. The Commission possesses the ability to access additional information for the less than one percent of remaining data if circumstances deem it necessary to do so.

Once the Request for Public Comment is published in the Federal Register, interested parties will have 60 days to share their views with the Commission.

This call for public comment is the latest action the Commission has taken to meet the requirements and deadlines established by OSRA. To date, the Commission has:

• Initiated development of a Notice of Proposed Rulemaking on Unreasonable Refusal to Deal or Negotiate on Vessel Space Accommodations;
• Established an Interim process for submitting Charge Complaints;
• Prioritized enforcement activity through the establishment of the Bureau of Enforcement, Investigations, and Compliance;
• Placed the trade on notice that self-executing provisions of OSRA are in immediate effect;
• Placed the trade on notice that common carriers are required to immediately comply with detention and demurrage billing practices;
• Published the Fact Finding 29 Final Report; and
• Enhanced the resources and capabilities of the Office of Consumer Affairs and Dispute Resolution Services.