Here is a summary of the latest legislative and regulatory transport, logistics, and trade sector updates:
FMC Issues Statement on MSC Enforcement Action
The Federal Maritime Commission (FMC) on Jan. 28 issued a press statement regarding the conclusion of the enforcement action against Mediterranean Shipping Company (MSC) (Docket No. 23-08). The press statement follows the January 6, 2026, order issued by Commissioners Maffei, Vekich and Dye, affirming in part the Initial Decision of Administrative Law Judge (ALJ) Chintella. The FMC’s statement highlighted the $22.67 million civil penalty assessed against MSC and summarized the three types of Shipping Act violations – (1) the prohibited billing of notify parties for demurrage and detention charges through the “merchant clause” in the bill of lading; (2) the failure to include a statement of the fees for non-operating reefers (NORs) in its published tariff; and (3) the overcharging of demurrage and detention fees for use of its NORs.
FMC Temporarily Adds Administrative Law Judges
The Federal Maritime Commission (FMC) on Jan. 27 announced that two additional ALJs – Judge Jamie Mendelson and Judge Debra Tesh – have been detailed from the US Department of Health and Human Services to the FMC’s Office of Administrative Law Judges through the end of the fiscal year. The two ALJs started work at the FMC on January 26, 2026.
FMC Investigates Ocean Common Carriers’ Practice and Restrictions on Chassis Usage
The Federal Maritime Commission (FMC) on Jan. 26 launched an investigation into ocean carriers’ practices and restrictions on chassis usage, including, without limitation, ocean carrier association rules, service contracts, or other means. The Commission is requesting public comments to determine whether the carriers are unjustly and unreasonably restricting motor carriers and shippers in their choice of chassis providers in violation of section 41102(c) of the Shipping Act. Comments may be submitted through March 27, 2026, on www.regulations.gov (Docket No. FMC-2026-0100). The notice of investigation published in the Federal Register highlights the FMC’s 2024 decision in Intermodal Motor Carriers Conference v. OCEMA (FMC Docket No. 20-14), which found that the rules adopted by OCEMA to designate exclusive chassis providers for merchant haulage violated section 41102(c) of the Shipping Act and resulted in a cease-and-desist order imposed on the carriers. The notice acknowledges the ongoing investigation into alleged noncompliance of that cease-and-desist order by the ocean carriers named in Intermodal and includes questions about the chassis markets covered in the order – Memphis, Savannah, Chicago, and Los Angeles/Long Beach.
