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The Federal Maritime Commission
International Association of Movers September 27, 2017
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Roadmap Introduction to the Federal Maritime Commission Law and regulations FMC-regulated entities FMC litigation and resolution CADRS operations and services Common HHG disputes Where to get help with commercial disputes IAM, September 27, 2017
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Federal Maritime Commission
Independent Regulatory Agency est. 1961 Current Commissioners: Michael A. Khouri (R-Acting Chairman); Rebecca F. Dye (R); William Doyle (D); and Daniel Maffei (D) Approx. 130 Full Time employees in: DC (HQ); regional offices in New Orleans (vacant), Houston, NY/NJ, So.FL, LA/LB, and Seattle IAM, September 27, 2017
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Statutes and Regulations
Shipping Act of 1984, as Amended by Ocean Shipping Reform Act of 1998 Foreign Shipping Practices Act of 1988 Section 19 of Merchant Marine Act Sections 2 and 3 of Pub. L , 80 stat (Cruise Line Financial Responsibility) Codified at 46 U.S. Code Regulations available at 46 CFR Parts Mission: To ensure a competitive and reliable international ocean transportation supply system and to protect the public from unfair & deceptive practices. IAM, September 27, 2017
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FMC-regulated entities
Ocean Transportation Intermediaries (OTIs) Ocean Freight Forwarders (OFFs) Non-Vessel Operating Common Carriers (NVOCCs) Vessel Operating Common Carriers (VOCCs) Marine Terminal Operators (including port authorities) Cruise Lines (PVOs) IAM, September 27, 2017
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FMC Litigation and Resolution
Order of Investigation (Bureau of Enforcement) (APA adjudication); Before Administrative Law Judge; appeal to FMC BOE can seek TRO while pending; Remedies: cease & desist; civil penalties (no victims’ fund); Formal complaint before an ALJ (APA adjudication) or informal (small claims up to $50k) before Small Claims Officer Remedies: actual damages; Attys fees for prevailing party; Seek TRO while pending; BOE may intervene; Final FMC orders not self-executing. CADRS-assisted ADR (ombuds, mediation, facilitation, arbitration) IAM, September 27, 2017
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Office of Consumer Affairs and Dispute Resolution Services (CADRS)
CADRS established as an independent office to provide: A Neutral and Confidential Forum Practical, Real Time Solutions to Problems Cost Savings Enhanced Business Relationships Experienced Neutrals with Industry Knowledge CADRS personnel: 5 attorneys; 1 transportation analyst; 1 administrative staffer Coordination with Area Representatives IAM, September 27, 2017
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Office of Consumer Affairs and Dispute Resolution Services (CADRS)
CADRS-provided ADR services: Ombuds services Most of CADRS caseload Fast Informal Mediation As required by FMC rules in formal proceeings; As requested Facilitation Arbitration IAM, September 27, 2017
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Types of CADRS ADR services
What service to choose? Initial choice does not preclude change Ombuds services Most of CADRS caseload Fast Informal Mediation Formal FMC proceedings require initial conference; As requested Facilitation Arbitration Resource: IAM, September 27, 2017
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FMC-FMCSA MOU (2012) – Household Goods (HHG)
Cooperate in protecting and assisting consumers moving HHG; Share information to help identify and address moving industry problems; Refer cases, conduct joint investigations, and conduct joint training to enhance enforcement; and Work together on coordinated education and outreach efforts for consumers IAM, September
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Common Consumer/HHG problems
OTI holds cargo hostage until shipper pays more OTI loses/abandons cargo/fails to pay freight/storage/defaults/disappears, etc. and carrier will not release Improper or incomplete documentation (vehicle titles for export) Unexpected additional freight, storage, handling, clearance fees Missing/damaged cargo & difficulty processing claims Shipper's inability to learn the location of a particular cargo defaulting NVOCC Freight forwarder's inability to collect rightful compensation from carrier Trucker's dispute with terminal operator's interpretation of equipment detention rule MTO’s complaint concerning the interpretation of a lease agreement IAM, September 27, 2017
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How to contact FMC-CADRS
Federal Maritime Commission Office of Consumer Affairs and Dispute Resolution Services 800 N. Capitol Street, NW Washington, DC 20573 (202) (866) (toll free) Twitter: @FMC_gov Rebecca A. Fenneman, Director IAM, September 27, 2017
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How to contact FMC-CADRS
FMC Area Representatives: Houston: Adam Sinko ; Los Angeles: Karl Hansen Nash D. Asandas New York: Erin Tasova ; Matthew D. Forst ; Seattle:Shadrack Scheirman ; Diane Rebollo ; South Florida: Andrew Margolis Eric O. Mintz IAM, September 27, 2017
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