WSC comments to the FMC on "Definition of Unreasonable Refusal to Deal or Negotiate with Respect to Vessel Space Accommodations Provided by an Ocean Common Carrier”
(Docket No. FMC-2023-0010)
The Ocean Shipping Reform Act of 2022, Pub. L. 117-146, (“OSRA 22”) Section 7, directed the Federal Maritime Commission (FMC) to undertake a rulemaking to define when a carrier has unreasonably refused to negotiate or deal with respect to vessel space accommodations, as provided under 46 U.S.C. § 41104(a)(10). Section 7 also requires the FMC to develop regulations to define unfair or unjustly discriminatory methods, which includes “unreasonable refusal of cargo space accommodations when available” under 46 U.S.C § 41104(a)(3).
WSC agrees with the Commission that allegations of “unreasonable refusal to deal or negotiate” should be dealt with on a case-by-case basis and that using a suite of non-exclusive factors is both appropriate and consistent with its past precedent.