NVOCC Summit on "The New Normal at the FMC"


Monday, June 24 from 9:30 a.m.-3:30 p.m.


9:30 a.m. - Opening Remarks NCBFAA President Amy Magnus

9:45 a.m. - Keynote Speaker FMC Commissioner Rebecca Dye

10:15 a.m. - Recent Changes to the FMC Landscape

Precis: The environment for Ocean Transportation Intermediaries (OTI) is fluid and changing. To address the effects of this on the NVOCC community, this panel will review major recent changes to OTI regulations as well as important changes in the FMC’s adjudication of allegations relating to unjust and unreasonable practices that affect NVOCCs. In addition, they will briefly cover regulatory changes pertaining to Negotiated Rate Arrangements and Negotiated Service Arrangements, changes in People’s Republic of China (PRC) NVOCC registration and Verified Gross Mass (VGM) issues as well as review amendments to the NCBFAA Terms and Conditions of Service. The status of the FMC’s and STB’s investigations concerning ocean carrier and rail demurrage and detention issues will also be considered.


  • Edward Greenberg, NCBFAA General and Transportation Counsel

  • Cliff Johnson, FMC Deputy Director of the Bureau of Certification & Licensing

  • Kristine O. Little, Associate, GKG Law

10:55 a.m.- Sidley Austin LLP Welcoming Remarks

  • Partner Raymond A. Atkins Ph.D., Transportation Practice
  • Senior Counsel Richard M. Belanger, Global Arbitration, Trade and Advocacy

11:00 a.m. - Break

11:10 a.m. - Spotlight on the FMC

Precis: The FMC’s staff will address several issues that are key to NVOCC operations.  Included in the discussion will be the agency’s view of the role of Negotiated Rate Arrangements, issues to consider when negotiating service contracts, and the pros and cons of co-loading. In case things don’t go as planned, the panel will discuss the role of the agency’s Consumer Affairs & Dispute Resolution Services (CADRS) with emphasis on the types of documents needed for dispute resolution. And, the Director of the FMC’s Bureau of Enforcement will address its current priorities and contemporary issues.


  • Gary Kardian, FMC Director, Office of Service Contracts and Tariffs

  • Rebecca Fenneman, FMC Director, Consumer Affairs & Dispute Resolution Services (CADRS)

Moderator: Richard Roche, Chairman, NCBFAA NVOCC Subcommittee


12:10 p.m. - Luncheon Keynote Speaker FMC Chairman Michael Khouri

1:30 p.m. - Break

1:45 a.m. - Not All About the Movement of Freight

Precis: In conducting their logistics businesses, practitioners face many challenges. This panel will look at some of these such as export compliance and how recommended forms can help you navigate it. They will also look at liability issues ranging from the importance and method of vetting truckers, the evolving routed export rules, the coming export manifest requirements, potential liability on co-load and FROB cargo under the inbound AMS requirements and insurance coverage issues.


  • James Swanson, CBP Director, Cargo and Security Controls Division, Cargo and Conveyance Security

  • Merit Tremper, Member, NCBFAA Transportation Committee

  • Paulette Kolba, Vice-Chair, NCBFAA Transportation Committee

Moderator: Melzie Wilson, Chair, NCBFAA Transportation Committee

2:45 p.m. - Brief remarks by FMC Commissioner Daniel B. Maffei

2:50 p.m. - Practical Application of NRAs.

Precis:This presentation will finish the day with a practical wrap up with a detailed explanation of the ABCs for NRAs.

Presenter: Richard Roche, Chairman, NCBFAA Transportation Committee, Subcommittee on NVOCC

3:30 p.m.- Wrap Up including a call to action by Melzie Wilson, Chair, NCBFAA Transportation Committee and Edward Greenberg, NCBFAA General and Transportation Counsel.

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