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FMC RIN: 3072-AB97 Publication ID: Fall 2008 
Title: Port Restrictions and Requirements in the United States/Japan Trade (Docket No. 96-20) 
Abstract: This action proposed to impose fees on liner vessels operated by Japanese carriers calling at U.S. ports, in response to apparent unfavorable conditions in the foreign oceanborne trade between the United States and Japan. The effect of the rule was to adjust or meet unfavorable conditions caused by Japanese port restrictions and requirements by imposing countervailing burdens on Japanese carriers. A final rule was issued, but its effective date was suspended. The Commission subsequently determined to remove that suspended final rule, as market developments had overtaken its findings. Beginning August 26, 1999, and every 180 days thereafter, the FMC has required U.S. and Japanese ocean common carriers in the U.S.-Japan trade to provide reports addressing the status of efforts to reform conditions unfavorable to shipping in the U.S.-Japan trade. Areas for reporting included reform of the "prior consultation" system for pre-approving carriers' service changes in Japan; entry of non-Japanese carriers into Japan's harbor services market; and Government of Japan proposals for broader harbor services deregulation. Effective November 7, 2001, and every 180 days thereafter, the reporting requirements have been revised to include effects of recent changes in Japanese laws and ordinances; continued application of the "prior consultation" system for pre-approving carriers' service changes in Japan; and entry of new entities into Japan's harbor services market. 
Agency: Federal Maritime Commission(FMC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 46 CFR 551   
Legal Authority: 46 USC ch 421    46 CFR 550    Reorganization Plan 7 of 1961    26 FR 7315   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/13/1996  61 FR 58160   
Comment Period Extended to 01/20/97  12/27/1996  61 FR 68200   
NPRM Comment Period End  01/13/1997    
Final Rule - Report Due 08/26/1999 and Every 180 Days Thereafter  03/04/1997  62 FR 9696   
Final Rule Effective  04/14/1997    
Amendment to Final Rule  04/16/1997  62 FR 18532   
Final Rule Effectiveness Extended to 09/04/97  04/16/1997  62 FR 18533   
Status Reports and Comments Due 07/01/97  04/16/1997  62 FR 18533   
Status Reports and Comments Due 08/05/97  04/16/1997  62 FR 18433   
Amendment to Final Rule - Denial of Petition  10/20/1997  62 FR 54396   
Final Rule Effectiveness Suspended 11/13/97  11/19/1997  62 FR 61648   
Final Rule Removed  06/07/1999  64 FR 30245   
Final Rule Removed Effective  06/07/1999    
Report Due 11/07/2001 and Every 180 Days Thereafter  08/15/2001    
Requirement for Reporting Revised  08/15/2001  66 FR 42859   
Next Action Undetermined  To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Peter J. King
General Counsel
Federal Maritime Commission
800 North Capitol Street NW,
Washington, DC 20573
Phone:202 523-5740
Fax:202 523-5738
Email: generalcounsel@fmc.gov