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FMC Seeks Comments on Revised OTI Rule Proposal

The Federal Maritime Commission is seeking comment on its heavily revised proposed rulemaking on Ocean Transport Intermediaries (here). While the original proposal (see 13053031) was a source of concern for the National Customs Brokers & Forwarders Association of America (see 13041004), the updated version strips out a number of the controversial pieces of the rule (see 14092217). Comments are due Dec. 12.

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The revised proposal would add "requirements for renewal of licenses and registrations but the frequency is changed to every three years (from two years), and provides that renewal forms will be entirely on-line and user-friendly." It would also require "that common carriers verify OTI licenses and registrations, tariff publication and financial responsibility, provided such verifications can be made at a single location on the Commission’s website." The rule would also create a "new expedited hearing procedure," it said. The expedited hearings will be "subject to the following provisions: (1) the procedure will not result in summary revocations, terminations or suspensions; (2) a licensee must be given notice and a hearing for failure to renew; and, (3) appeals to the Commission remain available for adverse decisions." Unlike the previous OTI rulemaking, this proposal does not include an increase to the bond amounts for Non-Vessel Operating Common Carriers and forwarders and will not create new standards for OTI advertising.

(Federal Register 10/10/14)