GKG Law, on Behalf of the NCBFAA, Files Comments With FMC Regarding Direct Final Rule in Docket No. 19-07
November 8, 2019
Excerpted from comments filed to the Federal Maritime Commission on November 8, 2019.
On behalf of the National Customs Brokers & Forwarders Association of America, Inc. (“NCBFAA”), we are submitting these comments in response to the direct final rule issued by the Commission in the above-referenced docket. As the trade association for the nation’s ocean freight forwarders and non-vessel operating common carriers (“NVOCCs”), the NCBFAA appreciates having the opportunity to comment in support of the final rule. In addition, at the end of its supporting comments, the NCBFAA respectfully suggests that the Commission consider taking further action with respect to its enforcement program.
At the outset, the Association wants to make it clear that these comments are not intended to criticize the Bureau of Enforcement (“BOE”) or the Commission’s enforcement program. To the contrary, the NCBFAA endorses and supports robust enforcement of the Shipping Act in order to preclude malpractices that are detrimental to commerce or otherwise create conditions that are unfavorable to competition and shipping in the international ocean trades. But there have been significant changes in the regulatory structure affecting ocean trade since the enactment of the Ocean Shipping Reform Act of 1998 (“OSRA”), which has also resulted in a changing shipping environment. Just as it is appropriate to review how the Commission’s regulations may need to be revised to reflect changes in the shipping industry, it is also appropriate for the Commission to consider and adopt enforcement procedures that are more appropriately tailored to this changed environment and that adopt enforcement processes that other regulatory agencies have considered and found to be appropriate.
Read the entire document here.
