The Federal Maritime Commission has launched an investigation to determine whether pending Canadian regulations governing the ballast water management systems of ships in the U.S.-Canada Great Lakes trade have a disparate effect on U.S. flagged vessels and constitute a Foreign Shipping Practices violation under 46 USC 423.
According to the FMC, U.S.-based companies operating ships in the U.S.-Canada Great Lakes trade maintain that Canadian regulations taking effect as to some vessels in September impose a severe burden on their operations and put American companies and vessels at a disadvantage relative to their Canadian competitors. The FMC is authorized by 46 USC 423 to investigate whether the laws, rules, regulations, policies, or practices of another nation result in conditions that adversely affect the operations of U.S. carriers in the U.S. ocean-borne trade.
The FMC has determined that sufficient facts exist related to the Canadian ballast water regulations to warrant initiating a Foreign Shipping Practices investigation. The investigation will be led by the FMC’s general counsel, who will prepare and present a report to the FMC containing his findings and recommendations for action within 120 days, unless an extension is approved. Anyone interested in submitting comments in connection with this proceeding may do so by June 21.
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