S2.E23 - Happy OSRA '22 Day! and Unreasonable Refusal to Deal Rulemaking Text Released by the FMC!

By Land and By Sea

Topic of the Week (6/16/23):

Happy OSRA 22 Day – yes, that’s right, it’s been 1 year since the passage of OSRA 22. And we have a few things to talk about – notably, the Supplemental Notice of Proposed Rulemaking (SNPRM) for Unreasonable Refusal to Deal or Negotiate w/r/t vessel space accommodations has been released!
Federal Maritime Commission Regulations.gov landing site for the SNPRM:
https://www.regulations.gov/document/FMC-2023-0010-0032
(and the pdf version of the text, if you prefer reading it this way (I do!)):
https://public-inspection.federalregister.gov/2023-12744.pdf

The Maritime Professorᵀᴹ presents By Land and By Sea - an attorney breaking down the week in supply chain

with Lauren Beagen (Founder of The Maritime Professorᵀᴹ and Squall Strategies)

Let's dive in...

But first, our TOP THREE STORIES OF THE WEEK!

1- We're still on Federal Maritime Commission rulemaking watch - the first of the three required rulemakings has been released as a Supplemental Notice of Proposed Rulemaking (that we're talking about on today's episode), but I expect the D&D rulemaking maybe even as soon as later today (or likely early next week) - it is June 16th - OSRA DAY! - after all (the anniversary of OSRA 22's signing)!

Keep watching #ByLandAndBySea for all of the updates.

2- The International Longshore Warehouse Union and Pacific Maritime Association negotiation has hit a very encouraging step - a provisional/tentative agreement has been reached! It's not final until it is ratified by both side's members, but this is a great step! A "hero" fund is also reportedly part of this deal, but both sides have committed to not releasing the details of the agreement so it's hard to know if this is true.

3- Canal de Panamá (Panama Canal) experiencing droughts not seen in over 70 years - will this help encourage the otherwise diverted to the east coast cargo to now be re-diverted back to the us west coast...? Time will tell.

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** As always the guidance here is general and for educational purposes only, it should not be construed to be legal advice and there is no attorney-client privilege created by this video. If you need an attorney, contact an attorney. **

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