Policy Statements on Representative Complaints, Attorney Fees, and Retaliation
| Published date | 09 March 2022 |
| Record Number | 2022-04658 |
| Section | Notices |
| Court | Federal Maritime Commission |
Federal Register, Volume 87 Issue 46 (Wednesday, March 9, 2022)
[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Notices]
[Pages 13292-13293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04658]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
[Docket Nos. 21-13, 21-14, 21-15]
Policy Statements on Representative Complaints, Attorney Fees,
and Retaliation
AGENCY: Federal Maritime Commission.
ACTION: Notice of Availability.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission (Commission) is issuing this
notice to advise the public of the availability of three new policy
statements related to private party complaints. The Commission adopted
the recommendation of the Fact Finding Officer in Fact Finding No. 29:
International Ocean Transportation Supply Chain Engagement to issue
policy statements on the ability of shippers' associations and trade
associations to file complaints with the Commission, the standard for
recovering attorney fees in private party complaints, and the anti-
retaliation provision of the Shipping Act.
ADDRESSES: The policy statements can be found at the following link:
https://www.fmc.gov/resources-services/filing-a-shipping-act-complaint/.
[[Page 13293]]
FOR FURTHER INFORMATION CONTACT: William Cody, Secretary; Phone: (202)
523-5725; Email: [email protected].
SUPPLEMENTARY INFORMATION: On December 28, 2021, the Commission issued
three policy statements to provide guidance to shippers and others on
bringing private party complaints at the Commission and to address
barriers identified by the trade community as disincentives to filing
actions at the agency. The Commission voted in September 2021 to adopt
the recommendation of the Fact Finding Officer of Fact Finding No. 29:
International Ocean Transportation Supply Chain Engagement to issue
policy statements on the anti-retaliation provision of the Shipping Act
(46 U.S.C. 41104(a)(3)), the standard for recovering attorney fees in
private party complaints, and the ability of shippers' associations and
trade associations to file a complaint with the Commission alleging a
violation of the Shipping Act.
Policy Statement on Representative Complaints: In the first policy
statement, the Commission restates that shippers' associations and
trade associations may file complaints alleging violations of 46 U.S.C.
Chapter 411.
Policy Statement on Attorney Fees: The second policy statement
explains the Commission's approach on attorney fees and reiterates that
a party who brings an unsuccessful complaint is not automatically
required to pay the other party's attorney fees.
Policy Statement on Retaliation: Finally, in the third statement on
retaliation, the Commission emphasizes that it broadly defines both who
can bring a retaliation complaint, as well as the types of shipper
activity that are protected under the existing retaliation
prohibitions. This policy statement also addresses the proof necessary
for certain retaliation complaints.
The policy statements can be found at the following link: https://www.fmc.gov/resources-services/filing-a-shipping-act-complaint/.
By the Commission.
William Cody,
Secretary.
[FR Doc. 2022-04658 Filed 3-8-22; 8:45 am]
BILLING CODE 6730-02-P
