Home / Signals™ / Signals™ Headlines – January 4, 2007

Signals™ Headlines - January 4, 2007

Bruce Dombrowski Retires from the Federal Maritime Commission

The Federal Maritime Commission’s Office of Administration
Director Bruce Dombrowski retired recently.  Dombrowski, who joined the Commission in 1973, ended a
33-year-long distinguished career with the FMC on a high note.  He was awarded the Commission’s Gold
Medal, the highest honor the Commission can bestow, for his outstanding services.  Serving in nearly every
branch of the Commission, with 19 of his years in senior executive positions, Dombrowski provided an invaluable
experienced perspective at the FMC.

Since 2004 Dombrowski served as the Director of the Office of Administration overseeing preparation of the FMC’s annual
reports, yearly strategic plans and providing guidance to FMC Chairmen, Commissioners, Administrative Law Judges and
other staff.  As director, he also oversaw the FMC’s Office of Human Resources, Office of Information
Technology
, Office of
Management Services
and Office of Financial Management.  Prior to the Commission’s organizational
realignment
in 2004, Dombrowski served for 18 years in the FMC’s Managing/Executive Director’s Office,
as Deputy, and later as Director, under both Republican and Democratic-appointed FMC Chairmen.  In this
capacity he supervised the Commission’s Bureau of Consumer Complaints and Licensing, Bureau of Enforcement, Bureau
of Trade Analysis and the agency’s four administrative Offices.  Over the years Dombrowski also served as
Chief Financial Officer, Counsel to the Chairman, and acted as Contracting Officer for the FMC’s Automated
Tariff Filing and Information System.  He is also credited with pushing the FMC to review the Shipping Act of
1984, helping to pave the way for and administer the Ocean Shipping Reform Act of 1998.

Docket No. 99-16: Carolina Marine Handling vs. South Carolina State Ports Authority

The Federal Maritime Commission issued three Orders in Docket No. 99-16, denying two Petitions and granting a motion to remove South Carolina State Ports Authority, a dismissed
party, from the case caption.  The two denied Petitions were filed by Charleston International
Projects, Inc.
and Charleston International Ports, LLC
 after an FMC decision reversal placed them back in the docket proceedings.

Docket No. 99-16, was issued by the FMC August 13, 1999 in response to allegations of unfair terminal usage and
leasing practices in violation of the Shipping
Act of 1984
filed by Carolina Marine Handling.  CMH provided marine
terminal services, stevedoring, licensed freight forwarding, and steamship agency services at the Port of Charleston
and elsewhere in the State of South Carolina.  Respondents in this docket were originally South
Carolina State Ports Authority, Charleston Naval Complex Redevelopment Authority, Charleston International
Projects, Inc.
and Charleston International Ports,
LLC.
  South Carolina State Ports Authority and Charleston Naval Complex Redevelopment Authority were
dismissed from the proceedings September 18, 2002 after the Supreme Court ruled in FMC v. South Carolina State Ports Authority that the FMC did not have the authority to hear
administrative complaints against state-owned ports due to state’s sovereign immunity.  An FMC
Administrative Law Judge also dismissed Charleston International Projects, and Charleston International Ports,
citing that they were not marine terminal operators at the time of the alleged violations and thus not subject to
the Shipping Act of 1984.

In June 2006, however, the FMC issued a Report and Order reversing the ALJ’s decisions to dismiss the parties, stating that even
though both parties were not marine terminal operators at the time of alleged misconduct, more investigation into
their relationship to each other and CMH’s allegations was required before the parties could be dismissed from
the proceedings.  In response to this, Charleston International Projects and Charleston International Ports
filed a Petition for Reconsideration and later a Petition for Leave to File a Reply Memorandum.  The FMC in its
November 28, 2006 ruling denied these two Petitions and directed the ALJ to move these seven year-old proceedings
forward without delay.

WTSA Retains Bunker, Increases Inland Fuel Surcharges & Adjusts Currency Factors

The Westbound Transpacific Stabilization Agreement (WTSA), whose member lines serve the US export
trade from the USA to East Asia, announced extensions to current Bunker Adjustment Factors and increases to Inland
Fuel Surcharges for February 2007.  Adjustments to Currency Factors for the new year have also been
announced.  Details are as follows:

Bunker Adjustment Factors, effective February 1, 2007 – February 28, 2007: US$ 364 per 20ft container, US$
455 per 40ft /45ft container and US$ 24 per WM.  Inland Fuel Charges for February will be increased from US$
179 to US$ 190 per container for rail and intermodal rail/truck shipments, and from US$ 52 to US$ 55 per container
for local/regional truck shipments.  Currency Adjustment Factors effective January 1 through March 31, 2007 are
as follows: Japan 0%, Korea 0%, Taiwan 4% (down from 5%) and Singapore 12% (up from 10%).

The 11 member carriers of WTSA are American President Lines, China Shipping Container Lines, COSCO
Container Lines, Evergreen Marine Corp., Hanjin Shipping, Hapag-Lloyd Container Line, Hyundai Merchant Marine,
“K” Line, NYK Line, OOCL
and Yang Ming Marine.  For more information
visit www.wtsacarriers.org.

TACA Maintains Current Bunker and Currency Adjustment Factors

The Trans-Atlantic Conference Agreement (TACA), whose member carriers serve the trade between the
USA and North Europe, United Kingdom and Ireland, Scandinavia and Baltic Ports, announced they will retain current
Bunker Adjustment Factors (BAF) through February 15, 2007.  TACA’s current Currency Adjustment Factor
(CAF) of 8 percent will also remain unchanged at least until February 15, 2007.  TACA has not made a change to
its bunker surcharge since November 16, 2006 when BAF was decreased by approximately 15 percent.  TACA last
adjusted its CAF July 15, 2006, raising it two percentage points from 6 percent to the current 8 percent.

Bunker Adjustment Factors (BAF) for January 16, 2007 – February 15, 2007 are as follows:  to/from
Atlantic/Gulf Coast Ports, US$ 395 per 20ft container, US$ 790 per 40ft/45ft container and US$ 40 per WM; to/from
Pacific Coast Ports, US$ 593 per 20ft container, US$ 1186 per 40ft/45ft container and US$ 59 per WM.  TACA
members are Atlantic Container Line, Maersk Line, Mediterranean Shipping Co., NYK Line and
OOCL. Revisions to surcharges are published in TACA’s relevant FMC tariffs, and are shown at its
website: www.tacaconf.com

TSA Carriers Extend Bunker Adjustment and Inland Fuel Surcharges

The carrier members of the Transpacific Stabilization Agreement (TSA), FMC Agreement No. 011223,
serving the East Asia/USA trade lane have announced increases to Inland Fuel Surcharges and an extension of current
Bunker Adjustment Factors for the month of February.  Details are as follows:

Bunker Adjustment Factor, effective February 1, 2007 – February 28, 2007:  US$ 345 per 20ft container,
US$ 455 per 40ft container, US$ 510 per 40ft hi-cube container, US$ 580 per 45ft container and US$ 10 per WM.
 February Inland Fuel Charges will be increased from US$ 179 to US$ 190 per container for mini-land bridge
(MLB) and inland point intermodal shipments moving via rail, and from US$ 52 to US$  55 per container for local
and regional truck transport to “Group 4” points in California, Oregon and Washington, and for East Coast
local store-door truck moves.

TSA member carriers are American President Lines, COSCO Container Lines Ltd., Evergreen Marine Corp.,
Hanjin Shipping, Hapag-Lloyd Container Line, Hyundai Merchant Marine, “K” Line, Mitsui O.S.K. Lines, NYK
Line, OOCL
and Yang Ming Marine.  Visit www.tsacarriers.org for additional information.


SIGNALS™ is provided as a service to its customers
by Distribution-Publications, Inc. © 2006. All rights reserved.


All Issues of SIGNALS™ are available on the web at
www.dpiusa.com

Distribution-Publications, Inc.
180 Grand Avenue, Suite 430
Oakland, CA 94612-3750

Tel: 1-510-273-8933, or 1-800-204-3622, Fax: 1-510-273-8959,

E-mail: signals@dpiusa.com Web: www.dpiusa.com

“Navigating the Regulatory Seas” is a service mark of Distribution-Publications, Inc.

Vol. 11 No. 1, January 4, 2007

The information contained herein is obtained from reliable sources.
It is subject to change at any time, however, depending on changes in
laws and regulations. While we continually attempt to monitor this
information, we do not guarantee its accuracy and are not responsible
for any damages suffered by any party in reliance on it.
Back
to top

Celebrating 45 Years of Navigating the Regulatory Seas

Need help with U.S. Federal Maritime Commission compliance?

Get in touch