At the Federal Maritime Commission (FMC), taxes reported by holder transporters have drawn an increase in scrutiny. Examination concerning expenses and surcharges are in accordance with the regulator’s expanded focus and its goal of bringing greater transparency to rate determination.
Starting in 2021, the FMC started taking a look at automating tariffs filed by carriers. In its underlying Advanced Notice of Proposed Rulemaking (NPRM) on “Automated Tariffs” (Docket No. 21-03), it requested comments on questions connected with tariff regulations generally; three comments were received.
After a year in May 2022, the agency is focusing in on “pass through charges” by Non Vessel Owning Common Carriers (NVOCCs), one thing tended to in the underlying Advanced Notice. The FMC has now issued an actual NPRM seeking comments on proposals “pass through charges”, rather than the more general questions in the Advanced NPRM, reported in the Federal Register on 10 May 2022. Comments are usually due within 30 days, but in this case an extension (out to early July) was granted.
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