    [United States Government Manual]
    [June 01, 2007]
    [Pages 411-414]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    FEDERAL MARITIME COMMISSION

    800 North Capitol Street NW., Washington, DC 20573-0001

    Phone, 202-523-5707. Internet, www.fmc.gov.
    Chairman                                          (vacancy)
    Commissioners                                     A. Paul Anderson,
                                                              Joseph E.
                                                              Brennan,
                                                              Harold J.
                                                              Creel, Jr.,
                                                              Rebecca F. Dye
    General Counsel                                   Amy W. Larson
    Secretary                                         Bryant L. VanBrakle
        Director, Consumer Affairs and                Ronald D. Murphy
                Dispute Resolution Services
    Administrative Law Judge                          Clay G. Guthridge
    Director, Office of Equal Employment Opportunity  Carmen G. Cantor
    Inspector General                                 Adam R. Trzeciak
        Director, Office of Administration            (vacancy)
        Director, Officer of Operations               Austin L. Schmitt
        Director, Bureau of Certification             Sandra L. Kusumoto
                and Licensing
        Director, Bureau of Enforcement               Vern W. Hill
        Director, Bureau of Trade Analysis            Florence A. Carr

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    The Federal Maritime Commission is responsible for regulating the
    waterborne foreign commerce of the United States. It ensures that U.S.
    oceanborne trades are open to all on fair and equitable terms and
    protects against concerted activities and unlawful practices. This is
    accomplished by reviewing and monitoring agreements between persons
    subject to the Shipping Act of 1984, as amended by the Ocean Shipping
    Reform Act of 1998; licensing ocean transportation intermediaries;
    monitoring the activities of common carriers and ocean transportation
    intermediaries; enforcing prohibitions against unjustly discriminatory
    acts and other prohibited

    [[Page 412]]

    practices of shippers, carriers, and other persons subject to the
    shipping statutes; and ensuring that passenger vessel operators maintain
    adequate levels of financial responsibility for the indemnification of
    passengers for nonperformance or casualty.

    The Federal Maritime Commission was established by Reorganization Plan
    No. 7 of 1961 (46 U.S.C. 301-307), effective August 12, 1961. It is an
    independent agency that regulates shipping under the following statutes:
    the Shipping Act of 1984, as amended (46 U.S.C. 40101-41309); the
    Merchant Marine Acts, 1920 and 1936 (46 U.S.C. 50101-50113); the Foreign
    Shipping Practices Act of 1988 (46 U.S.C. 42301-42307); the Merchant
    Marine Act, 1936 (46 U.S.C. 44101-44106); and certain provisions of the
    Act of November 6, 1966 (46 U.S.C. 44101-44106).

    Activities

    Agreements  The Commission reviews agreements by and among ocean common
    carriers and/or marine terminal operators, filed under section 5 of the
    Shipping Act of 1984, for statutory compliance as well as for likely
    impact on competition. It also monitors activities under all effective
    agreements for compliance with the provisions of law and its rules,
    orders, and regulations.
    Tariffs  The Commission monitors and prescribes requirements to ensure
    accessibility and accuracy of electronic tariff publications of common
    carriers engaged in the foreign commerce of the United States. Special
    permission applications may be submitted for relief from statutory and/
    or Commission tariff requirements.
    Service Contracts  The Commission receives and reviews filings of
    confidential service contracts between shippers and ocean common
    carriers. The Commission also monitors publication of certain essential
    terms of those service contracts.
    Non-Vessel-Operating Common Carrier Service Arrangements  The Commission
    receives and reviews service arrangements entered into by non-vessel-
    operating common carriers and their customers. Cargo moving under these
    service arrangements are exempt from the tariff publication and
    adherence requirements of the Shipping Act, on the condition that the
    service arrangements must be filed with the Commission.
    Licenses  The Commission issues licenses to those persons and entities
    in the U.S. who wish to carry out the business of providing freight
    forwarding services and non-vessel-operating common carrier services.
    Passenger Indemnity  The Commission administers the passenger indemnity
    provisions of the act of November 6, 1966, which require shipowners and
    operators to obtain certificates of financial responsibility to pay
    judgments for personal injury or death or to refund fares in the event
    of nonperformance of voyages.
    Complaints  The Commission reviews alleged or suspected violations of
    the shipping statutes and rules and regulations of the Commission and
    may take administrative action to institute formal proceedings, to refer
    matters to other governmental agencies, or to bring about voluntary
    agreement between the parties.
    Formal Adjudicatory Procedures  The Commission conducts formal
    investigations and hearings on its own motion and adjudicates formal
    complaints in accordance with the Administrative Procedure Act (5 U.S.C.
    note prec. 551).
    Alternative Dispute Resolution  The Commission reviews informal
    complaints and attempts to assist parties in resolving disputes.
    Mediation and other dispute resolution services are available in order
    to assist parties in achieving a more acceptable resolution to a dispute
    at less cost than may be possible in litigation. These services are
    available before and after the commencement of litigation. The
    Commission also provides an informal process to adjudicate certain
    complaints involving less than $50,000 in damages.
    Rulemaking  The Commission promulgates rules and regulations to
    interpret, enforce, and ensure
    [GRAPHIC] [TIFF OMITTED] T211657.040

    [[Page 414]]

    compliance with shipping and related statutes by common carriers and
    other persons subject to the Commission's jurisdiction.
    Investigation and Economic Analyses  The Commission prescribes and
    administers programs to ensure compliance with the provisions of the
    shipping statutes. These programs include: education and outreach
    activities; the collection of information relating to field
    investigation of activities and practices of ocean common carriers,
    terminal operators, agreements among ocean common carriers and/or marine
    terminal operators, ocean transportation intermediaries, passenger
    vessel operators, and other persons subject to the shipping statutes;
    and rate analyses, studies, and economic reviews of current and
    prospective trade conditions, including the extent and nature of
    competition in various trade areas.
    International Affairs  The Commission conducts investigations of foreign
    governmental and carrier practices that adversely affect the U.S.
    shipping trade. In consultation with other executive agencies, the
    Commission takes action to effect the elimination of discriminatory
    practices on the part of foreign governments against shipping in the
    United States foreign trade, and to achieve comity between the United
    States and its trading partners.

                Area Representatives--Federal Maritime Commission
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            Area                Address/Phone            Representative
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    Los Angeles           Rm. 320, 839 S. Beacon
                           St., San Pedro, CA
                           90733-0230.
                          Phone, 310-514-4905.      Oliver E. Clark
                           Fax, 310-514-3931. E-
                           mail, oclark@fmc.gov.
    South Florida         P.O. Box 813609,
                           Hollywood, FL 33081-
                           3609.
                          Phone, 954-963-5362.      Andrew Margolis
                           Fax, 954-963-5630. E-
                           mail, amargolis@fmc.gov.
                          Phone, 954-963-5284.      Eric O. Mintz
                           Fax, 954-963-5630. E-
                           mail, emintz@fmc.gov.
    New Orleans           P.O. Box 7806, Metarie,
                           LA 70010-7806.
                          Phone, 504-589-6662.      Alvin N. Kellogg
                           Fax, 504-589-6663. E-
                           mail, akellogg@fmc.gov.
    New York              JFK Int'l Airport, Bldg.
                           75, Rm. 205B, Jamaica,
                           NY 11430.
                          Phone, 718-553-2228.      Emanuel J. Mingione
                           Fax, 718-553-2229. E-
                           mail, emingione@fmc.gov.
      ..................  Phone, 718-553-2223.      Joseph A. Castellano
                           Fax, 718-553-2228. E-
                           mail,
                           jcastellano@fmc.gov.
    Seattle               Suite 100, 7 S. Nevada
                           St., Seattle, WA 98134.
                          Phone, 206-553-0221.      Michael A. Moneck
                           Fax, 206-553-0222. E-
                           mail, mmoneck@fmc.gov.
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    Sources of Information

    Electronic Access  Information about the Federal Maritime Commission is
    available in electronic form through the Internet at www.fmc.gov.
    Employment  Employment inquiries may be directed to the Office of Human
    Resources, Federal Maritime Commission, 800 North Capitol Street NW.,
    Washington, DC 20573-0001. Phone, 202-523-5773.
    Consumer Affairs and Dispute Resolution Services  Phone, 202-523-5807.
    E-mail, complaints@fmc.gov.
    Publications  The Performance and Accountability Report (2006) and the
    FY06 Management Discussion and Analysis Report are recent publications
    of the Federal Maritime Commission.

    For further information, contact the Office of the Secretary, Federal
    Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-
    0001. Phone, 202-523-5725. Fax, 202-523-0014. Internet, www.fmc.gov. E-
    mail, secretary@fmc.gov.

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