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ARTICLE · 05 MAY 2015

FMC Requests Comments On Proposal To Modify Confidential Contracting Rules

Venable LLP
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The proposed modifications, if ultimately adopted, would remove costly and burdensome regulatory requirements that NVOCCs currently bear.

United StatesInternational Law
Ashley Craig
Ashley Craig
Lindsay Meyer
Lindsay Meyer
Elizabeth Lowe
Elizabeth Lowe
Andrew Steinberg
Andrew Steinberg

On April 28, the Federal Maritime Commission (FMC) issued a notice of filing and request for comments regarding a petition filed by the National Customs Brokers & Forwarders Association of America (NCBFAA). The NCBFAA's petition requests that the FMC initiate a rule making to revise the NVOCC Negotiated Rate Arrangement (NRA) regulations. As regulated entities, NVOCCs are limited in the types and forms of agreements that they can make with their customers to provide ocean transportation services in the U.S. foreign commerce. The NCBFAA petition could substantially affect NVOCCs' ability to negotiate confidentially with their customers by expanding the scope and utility of NRAs and could have a consequential effect on Non-Vessel Operating Common Carrier (NVOCC) Service Arrangements (NSAs). The proposed modifications, if ultimately adopted, would remove costly and burdensome regulatory requirements that NVOCCs currently bear.

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