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Haiti Disaster Relief Advisory

January 19, 2010

The Federal Maritime Commission (FMC) advises regulated entities of the following flexibilities currently available under the Commission's regulations and the Shipping Act without further request for Commission action:

  • Common carriers can quickly begin new service to Haiti and waive or reduce charges for charitable shipments to Haiti: Common carrier tariff publication s for trades, points or ports not presently served may become effective upon publication. Tariff rates and charges can be reduced or waived upon publication. 46 C.F.R. 520.8(a)(1); 46 C.F.R. 520.8(b)(1); 46 C.F.R. 520.8(b)(3).
  • Expedited review for agreements is available to facilitate services to Haiti: Many agreements required to be filed under the Shipping Act are eligible to become effective upon filing; for those that are not, parties may request expedited review. 46 C.F.R. 535.605. Such agreements filed with the Commission are immunized from the U.S. antitrust laws. 46 U.S.C. 40307.
  • Freight forwarders can give free or reduced-rate service to relief agencies shipping to Haiti: Licensed freight forwarders may perform freight forwarding services for recognized relief agencies or charitable organizations, which are designated as such in the tariff of the common carrier, free of charge or at reduced fees. 46 C.F.R. 515.41(d).
  • Marine terminal operators can waive or reduce charges for Haiti relief or reconstruction: Commission regulations do not preclude marine terminal operators from waiving or reducing any fees or schedules of charges. 46 C.F.R. Part 535.

Should any regulated entity desire additional relief from or clarification of Commission regulations, please contact Vern Hill, the Commission's Haiti Point of Contact, at (202) 523-5783.