Important adjustments are anticipated on the Federal Maritime Fee (FMC), the bipartisan physique tasked with regulating the U.S. worldwide ocean transportation system for the advantage of U.S. exporters, importers and shoppers. Though FMC Commissioners serve five-year staggered phrases, the brand new Trump Administration is taking workplace with an open FMC seat not too long ago vacated by former Commissioner Carl Bentzel. Because of the FMC’s present make-up – two Republicans and two Democrats – it’s seemingly President Donald Trump will appoint a Republican to the function. However, the affect of this presidential nomination is not going to be instantly obvious, as Commissioners have to be confirmed by the recommendation and consent of the Senate. This course of will be prolonged, taking up common 115 days lately. Within the meantime, the FMC will proceed to function with 4 Commissioners, which has the potential to lead to cut up choices and stalled coverage initiatives.
Along with filling the present emptiness, the incoming administration has the prerogative to designate one of many Commissioners because the Chairman of the FMC. Whereas appointment of a brand new Commissioner can take months for affirmation, the number of a brand new Chairman may occur on a president’s first day in workplace. The FMC Chairman serves because the chief govt and administrative officer of the FMC and has vital coverage and administration obligations along with obligations as a Commissioner. In 2017, then-President Trump designated a Republican Chairman inside three days of taking workplace, making it unlikely the present Chairman, Democrat Daniel Maffei, will stay within the function.
If the Trump Administration intends to nominate a present Commissioner as Chairman, it appears seemingly that Commissioner Rebecca Dye, the longest-serving FMC Commissioner with an in depth maritime background, can be designated as Chairman. Commissioner Dye has already obtained assist from fellow Commissioner Louis Sola, who wrote a letter to President Trump recommending that he designate Commissioner Dye to function Chairman. Commissioner Dye was initially appointed to the FMC by President George W. Bush for 2 phrases commencing in 2002 and subsequently appointed for 2 further phrases by President Barack Obama and by President Joe Biden for her present time period. The profession of Commissioner Dye, a graduate of the College of North Carolina Faculty of Regulation, has included time within the U.S. Coast Guard, U.S. Maritime Administration and as counsel to 2 Home Committees earlier than her first time period as an FMC Commissioner. She has been lively in just about all of the FMC’s main regulatory and coverage growth initiatives during the last 20 years.
These foreseeable adjustments within the management and make-up of the FMC following President Trump’s inauguration may have a dramatic affect on its regulatory and coverage initiatives. Because the worldwide provide chain continues to face disruption after disruption, the FMC’s function because the company answerable for regulating U.S. worldwide ocean transportation system for the advantage of, amongst others, the U.S. client, has continued to develop. As the brand new administration takes form, the maritime business can be carefully watching these developments on the FMC and their implications for the long run.
20 Posts in 20 Days Resulting in Inauguration Day on Jan. 20
Holland & Knight’s Transportation & Infrastructure Trade Sector Group is ready to help business shoppers in adapting to the anticipated adjustments by the brand new administration. Our workforce is writing new weblog posts every day main as much as President Donald J. Trump’s inauguration, with insights relating to seemingly impacts on the assorted segments of the business, together with aviation, building, maritime, freight rail, motor carriers, transit and autonomous transportation. Bookmark our Election Impacts on Transportation & Infrastructure useful resource web page to comply with alongside.
