[United States Government Manual] [June 01, 2008] [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 Peter J. King, Acting Secretary (vacancy) Director, Consumer Affairs and Ronald D. Murphy Dispute Resolution Services Administrative Law Judge Clay G. Guthridge Director, Office of Equal Employment Opportunity (vacancy) Inspector General Adam R. Trzeciak Director, Office of Administration Peter J. King 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 ------------------------------------------------------------------------ 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; [[Page 412]] monitoring the activities of common carriers and ocean transportation intermediaries; enforcing prohibitions against unjustly discriminatory acts and other prohibited 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); Section 19 of the Merchant Marine Act, 1920 (46 U.S.C. 42101-42109); the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301-42307); and 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 United States who wish to carry out the business of providing freight forwarding services and nonvessel-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. [GRAPHIC] [TIFF OMITTED] T214669.040 [[Page 414]] Rulemaking The Commission promulgates rules and regulations to interpret, enforce, and ensure 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 ------------------------------------------------------------------------ Area Address/Phone/Fax/E-mail Representative ------------------------------------------------------------------------ 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. Houston P.O. Box 1350, Magnolia, TX 77353-1350. Phone, 713-718-4445. Debra A. Zezima Fax, 713-718-4446. E- mail, dzezima@fmc.gov. ------------------------------------------------------------------------ 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 (2007) and the FY07 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. ------------------------------------------------------------------------