Any person who has been harmed by, or who can reasonably expect harm from, existing or impending conditions unfavorable to shipping in the foreign trade of the United States, may file a petition for relief under the provisions of this part.
All requests for relief from conditions unfavorable to shipping in the foreign trade must be by written petition. An original and fifteen copies of a petition for relief under the provisions of this part must be filed with the Secretary, Federal Maritime Commission, Washington, DC 20573. The petition must be accompanied by remittance of a $450 filing fee.
[88 FR 16898, Mar. 21, 2023]
Petitions for relief from conditions unfavorable to shipping in the foreign trade of the United States shall set forth the following:
(a) A concise description and citation of the foreign law, rule, regulation, practice or competitive method complained of;
(b) A certified copy of any law, rule, regulation or other document involved and, if not in English, a certified English translation thereof;
(c) Any other evidence of the existence of such practice or competitive method;
(d) A clear description, in detail, of the harm already caused or which may reasonably be expected to be caused petitioner, including:
(1) Statistics for the representative period showing the type and amount of revenue loss or operating cost increase suffered or projected, such as a present or prospective cargo loss if harm is alleged on that basis. Such statistics shall include figures which permit comparison or computation of the proportional effect of the harm alleged. For example, when the harm alleged is loss of cargo, supporting evidence shall include the total cargo carried or projected in the trade for the period;
(2) Statistics or other evidence for the representative period showing increased costs, inferior services or other harm to cargo or other non-vessel interest if injury is claimed on that basis; and
(3) A statement as to why the period is representative.
(e) A recommended regulation, the promulgation of which will, in the view of the petitioner, adjust or meet the alleged conditions unfavorable to shipping in the foreign trade of the United States.
Upon the failure of a petitioner to comply with the provisions of this part, the petitioner will be notified by the Secretary and afforded reasonable opportunity to amend its petition. Failure to timely amend the petition may result in its dismissal. For good cause shown additional time for amendment may be granted.
authority: 5 U.S.C. 553;
46 U.S.C. 301-307; sec. 19 (a)(2), (e), (f), (g), (h), (i), (j), (k) and (l) of the Merchant Marine Act, 1920,
46 U.S.C. 42101 and 42104-42109; and sec. 10002 of the Foreign Shipping Practices Act of 1988,
46 U.S.C. 42301-42307.
source: 58 FR 64910, Dec. 10, 1993, unless otherwise noted. Redesignated at 64 FR 8008, Feb. 18, 1999.
cite as: 46 CFR 550.404