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FMC RIN: 3072-AC92 Publication ID: Fall 2023 
Title: Definition of Unreasonable Refusal to Deal or Negotiate With Respect to Vessel Space Accommodations Provided by an Ocean Common Carrier 

The Federal Maritime Commission (Commission) issues this supplemental notice of proposed rulemaking (SNPRM) to address a statutory requirement arising from the Ocean Shipping Reform Act of 2022 that prohibits ocean common carriers from unreasonably refusing to deal or negotiate with respect to vessel space accommodations and a related prohibition against unreasonably refusing cargo space accommodations. This proposal revises certain aspects of the proposed rule issued on September 21, 2022, by modifying defined terms and discussing the relationship between the United States Code and the elements required to establish violations of those provisions. This SNPRM is issued in response to comments to the original proposal and to more directly provide a potential standard for unreasonable conduct by ocean common carriers that prevents shippers from obtaining space aboard vessels for their cargo.

Agency: Federal Maritime Commission(FMC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 46 CFR 542   
Legal Authority: 46 U.S.C. 41104(a)(10)    Pub. L. 117-146    Ocean Shipping Reform Act of 2022, Sec. 7(d)   
Legal Deadline:
Action Source Description Date
Final  Statutory  Pub. L. 117-146, Sec. 7(d)  12/16/2022 
Action Date FR Cite
NPRM  09/21/2022  87FR57674   
NPRM Comment Period End  10/21/2022 
Second NPRM  06/14/2023  88FR38789   
Final Action  12/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
William Cody
Federal Maritime Commission
800 North Capitol Street NW,
Washington, DC 20573
Phone:202 523-5725