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| 33.001 SHIPPING_DISPUTE RESOLUTION AND INVESTIGATION OF COMPLAINTS |
| FEDERAL AGENCY |
| FEDERAL MARITIME COMMISSION |
| AUTHORIZATION |
| Shipping Act of 1984, as amended, 46 U.S.C. app. 1710. Administrative Dispute Resolution Act, of 1996, 5 U.S. C. 571, et seq. |
| OBJECTIVES |
| To provide assistance to those engaged in international ocean shipping, including those making household goods shipments. Assistance may include helping locate missing cargo and helping resolve issues with respect to costs or service. To provide a forum for settling disputes between or among carriers, shippers, and ocean transportation intermediaries through the use of various means of alternative dispute resolution. To provide information to passengers seeking reimbursement of payments when dealing with cruise line issues. |
| TYPES OF ASSISTANCE |
| Seek resolution of disputes and complaints. |
| USES AND USE RESTRICTIONS |
| The Commission considers informal complaints and assists in the development of voluntary settlements. The Commission also accepts allegations regarding unlawful rates or practices and may award reparations for an injury resulting from a violation. |
| Applicant Eligibility |
| Any person may file a complaint alleging a violation of the Shipping Act of 1984 and make seek reparation for any injury resulting from the violation. |
| Beneficiary Eligibility |
| Anyone/General public. |
| Credentials/Documentation |
| A complaint alleging specific violations of the Shipping Act of 1984 or Commission regulations should be supported by facts sustaining such allegations. For canceled cruises, passengers need to document payments and provide identifying passenger and/or voyage information. |
| Preapplication Coordination |
| This program is excluded from coverage under E.O. 12372. |
| Application Procedure |
| Informal complaints or requests for the mediation or other alternative dispute resolution (ADR) procedures may be submitted to the Commission in an e-mail to complaints@fmc.gov. To the extent available, all complaints other than cruise complaints should include the following information: Bill of lading/dock receipts/arrival notices/invoices; Description of cargo; Origin; Port of origin (may be the same as origin); Destination; Port of destination (may be the same as destination); Date of shipment or sailing; Name of individual(s) filing complaint (if you are representing a complainant, what is your name and your relationship to the complainant); Company name of complainant(s); Contact information for complainant(s) (and/or representative(s)) include telephone, fax, address including zip code, and email; Name of shipping company or party against whom the complaint is being filed; Contact information for that company or party, (including name(s) of responsible individuals, telephone and fax numbers, address including zip code and email); Description of issue. Include as much information as you believe we will need when we contact the other party(s) to the complaint. Desired solution. Explain what you would like to see accomplished - getting cargo released, negotiating a monetary solution, etc. Cruise complaints should include the following information: Ticket/passenger invoice; Date of sailing; Length and nature of cruise; Port of origin; Port of destination; Did you purchase transportation from your home to the port of origin from the cruise line? Did you purchase transportation from the port of destination to your home from the cruise line? People and companies involved; Description of Issue; A formal complaint, as well as a complaint requesting informal (small claims) adjudication may be submitted pursuant to Section 11 of the Shipping Act of 1984 to the Secretary, Federal Maritime Commission. (See the Commission 's Rules of Practice and Procedure at 46 CFR Part 502). Questions regarding these procedures may be directed to the Office of the Secretary, at (202) 523-5725, Fax: (202) 523-0014 or E-mail: Secretary@fmc.gov. The Federal Maritime Commission is located at: 800 North Capitol Street, N.W., Washington, DC 20573. Visit our website at www.fmc.gov. |
| Award Procedure |
| None. |
| Deadlines |
| There is a 3 year statute of limitations for complaints filed under the Shipping Act of 1984. |
| Range of Approval/Disapproval Time |
| Not applicable. |
| Appeals |
| Not applicable. |
| Renewals |
| None. |
| Formula and Matching Requirements |
| Not applicable. |
| Length and Time Phasing of Assistance |
| Not applicable. |
| Reports |
| None. |
| Audits |
| None. |
| Records |
| None. |
| Account Identification |
| 65-0100-0-1-403. |
| Obligations |
| (Salaries and Expenses) FY 07 est $1,198,000; FY 08 est $1,245,000; and FY 09 $1,295,000. |
| Range and Average of Financial Assistance |
| Not applicable. |
| PROGRAM ACCOMPLISHMENTS |
| In fiscal year 2007, the Commission responded to more than 1,509 informal inquiries and complaints. Of those, 509 informal complaints required informal resolution services under the ombuds function. These included 218 complaints about cruise issues, 136 household goods matters, and 155 other matters affecting cargo shipments. In addition, a small number of claims cases and formal complaints were received. |
| REGULATIONS, GUIDELINES, AND LITERATURE |
| None. |
| Regional or Local Office |
| Area Representatives: South Florida: Andrew Margolis and Eric Mintz, Federal Maritime Commission, P. O. Box 813609, Hollywood, FL 33081-3609. Telephone: (954) 963-5362. Fax: (954) 963-5630. E-mail: ANDREWM@fmc.gov ERICO@fmc.gov. Seattle: Michael A. Moneck, c/o U.S. Customs Service, #7 South Nevada Street, Suite 100, Seattle, WA 98134. Telephone: (206) 553-0221. Fax: (206) 553-0222. E-mail: MICHAELM@fmc.gov. New Orleans: Alvin N. Kellogg, P.O. Box 7806, Metairie, LA 70010-7806. Telephone: (504) 589- 6662. Fax: (504) 589-6663. E- mail: ALVINK@fmc.gov. Los Angles: Oliver E. Clark, P.O. Box 230, 839 S. Beacon Street #320, San Pedro, CA 90733-0230. Telephone: (310) 514-4905. Fax: (310) 514-3931. E-mail: OLIVERC@fmc.gov. New York: Emanuel J. Mingione, Joseph A. Castellano, Bldg. # 75, Room 205-B, JFK Intl Airport, Jamaica, NY 11430. Telephone: 718-553-2228, Fax: 718-553-2229 E-Mail: EMANUELM@fmc.gov; JCastellano@fmc.gov. |
| Headquarters Office |
| Office of Consumer Affairs and Dispute Resolution Services; Federal Maritime Commission; 800 North Capitol Street, N.W., Washington, DC 20573; Telephone: (202) 523-5807. Fax: (202) 275-0059. E-mail: COMPLAINTS@fmc.gov. |
| Web Site Address |
| None |
| RELATED PROGRAMS |
| 20.900, Transportation_Consumer Affairs; 36.001, Fair Competition Counseling and Investigation of Complaints. |
| EXAMPLES OF FUNDED PROJECTS |
| Not applicable. |
| CRITERIA FOR SELECTING PROPOSALS |
| Not applicable. |
|
General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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