A Marine Terminal Operator (“MTO”) is a person engaged in the United States in the business of furnishing wharfage, dock, warehouse or other terminal facilities in connection with a common carrier and a water carrier subject to Subchapter II of Chapter 135 of Title 49, United States Code. 49 U.S.C. §13521, or in connection with a common carrier. A marine terminal operator includes, but is not limited to, terminals owned or operated by states and their political subdivisions; railroads who perform port terminal services not covered by their line haul rates; common carriers who perform port terminal services; and warehousemen who operate port terminal facilities. Conferences of marine terminal operators are also considered MTOs. 46 CFR § 525.1(c)(13).

What are MTOs’ obligations for the publication of a schedule?

MTOs are not required to make their schedule(s) of rates, regulations and practices (formerly called “MTO tariffs”) available to the public. A MTO that elects to make their schedules available to the public must make them available in electronic form. When an MTO opts to publish its schedule, its name and location address of its schedule(s) provided in its FMC-1.  The names of MTOs that opt not to make their schedule(s) available to the public are not posted on the website, but are maintained in the Commission’s Form FMC-1 internal database. Should an MTO maintain parallel terminal schedules in paper form for entities in the shipping industry who are unable to access electronic terminal schedules, the electronic version will govern in the event of a conflict with the parallel paper form of terminal schedules since the electronic format is the required method of publication. 46 CFR § 525.2(a) and 46 CFR § 525.3(a)(2).

How are MTO schedules accessed?

An MTO that elects to make its schedules available to the public will provide a location address in its FMC-1 Form that is submitted to the Commission. 46 CFR § 525.3(f).

What is Form FMC-1?

Form FMC-1 is an interactive electronic form required under the Commission’s rules at to be filed by MTOs notifying the FMC, prior to commencement of marine terminal operations, of its organization name, organization number, home office address, name and telephone number of its representative, the location of its terminal schedule(s), and the publisher, if any, used to maintain its terminal schedule. 46 CFR 525.3(f)

Where is Form FMC-1 located and how is it filed?

Form FMC-1 is located on the Commission’s website, www.fmc.gov. The form is available electronically and filed http://www.fmc.gov,interactively by clicking on Tariff Registration Form (FMC-1), Click Here to Proceed on the Disclaimer screen, File an Initial FMC-1 Form button and completely filling-in information on the form. When you have finished click Save and Exit to transmit the Form FMC-1 filing to the FMC. If you need assistance completing the form, use the “Help” button in the upper right-hand corner of the form. In addition, if you opt to make your terminal schedule(s) available to the public, before clicking Save and Exit, you must click the “Add Publisher” button at the bottom of the screen, complete all required entries identifying the location and publisher of your electronically published schedule(s); when you are finished, click “Save and Return” (this takes you back to the Organization information screen), next scroll down to the bottom of the Organization information screen and click “Save and Exit” to transmit the FMC-1 Form filing to the FMC.

Are MTOs required to file FMC-1 Form?

Yes. All MTOs subject to Commission jurisdiction must file an FMC-1 form, whether or not they intend to publish their terminal schedules.

If a parent MTO has various subsidiaries that run additional terminals, who needs to file the FMC-1?

The parent must file for itself, and an additional form for a subsidiary need only be filed if the subsidiary intends to publish its terminal schedules at a different electronic location than the parent. Either the parent or the subsidiary may file the additional FMC-1 form.

If an MTO adopts the published terminal schedule of a different MTO, but that schedule does not include a limitation of liability, can the MTO publish its own limitation of liability?

Yes. If an MTO wants to avail itself of the implied contract provision of the rule in relation to a limitation of liability, then it must publish such limitation of liability in the same manner it would publish a terminal schedule.