Shipping Investigation of Complaints (33.001)

Program

33.001 Shipping Investigation of Complaints

Federal Agency

Agency: Federal Maritime Commission

Authorization

Shipping Act of 1984, as amended, 46 U.S.C 40101 ; Administrative Dispute Resolution Act of 1996, 5 U.S.C 571.

Program Number

33.001

Last Known Status

Active

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

Investigation of Complaints

Uses and Use Restrictions

The Commission considers informal complaints and assists in the development of voluntary settlements. The Commission also may award reparations for financial injury resulting from violations of the Shipping Act of 1984.

Eligibility Requirements

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 household goods shipments and other cargo issues, submit bills of lading and other contractual documents. For canceled cruises, passengers need to document payments and provide identifying passenger and/or voyage information. This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. 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 and desired solution. Include as much information as you believe we will need when we contact the other party(s) to the complaint. 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? Questions regarding these matters may be directed to the Office of Consumer Affairs and Dispute Resolution Services at (202) 523-5807; fax: (202) 275-0059; email: Complaints@fmc.gov. 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 those procedures may be directed to the Office of the Secretary, at (202) 523-5725; fax: (202) 523-0014; or email: 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

Contact the headquarters or regional office, as appropriate, for application deadlines.

Range of Approval/Disapproval Time

Not Applicable.

Appeals

Not Applicable.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program.

Matching requirements are not applicable to this program.

MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Not applicable. See the following for information on how assistance is awarded/released: Not applicable.

Post Assistance Requirements

Reports

Audits

Not Applicable.

Records

None.

Program Accomplishments

Fiscal Year 2008: In fiscal year 2008, the Commission responded to more than 1,500 informal inquiries and complaints. Of those, 568 informal complaints required informal resolution services under the ombuds function. These included 189 complaints about cruise issues, 190 household goods matters, and 181 other matters affecting cargo shipments. In addition, a small number of small claims cases and formal complaints were received for adjudication. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

65-0100-0-1-403.

Obligations

(Salaries) FY 08 $1,637,000; FY 09 est $1,688,000; FY 10 est $1,734,000

Range and Average of Financial Assistance

Not applicable.

Regulations, Guidelines and Literature

46 CFR 502.401 et. seq.; brochure available from Headquarters Office.

Related Programs

20.900 Transportation_Consumer Affairs; 36.001 Fair Competition Counseling and Investigation of Complaints

Information Contacts

Regional or Local Office

See Regional Agency Offices. 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: AMargolis@fmc.gov., EMintz@fmc.gov. Seattle: Michael A. Moneck, c/o U. S. Customs & Border Protection, 7 South Nevada Street, Suite 100, Seattle, WA 98134-1135. Telephone: (206) 553-0221. Fax: (206) 553-0222. E-mail: MMoneck@fmc.gov. New Orleans: Bruce N. Johnson, Sr., P.O. Box 700, Saint Rose, LA 70087. Telephone: (504) 589-6662. Fax: (504) 589-6663. E-mail: BJohnson@fmc.gov. Los Angeles: Oliver E. Clark, P.O. Box 230, San Pedro, CA 90733-0230. Telephone: (310) 514-4905. Fax: (310) 514-3931. E-mail: OClark@fmc.gov. New York: Emanuel J. Mingione and Joseph A. Castellano, Bldg. No. 75, Room 205-B, JFK Intl Airport, Jamaica, NY 11430-1827. Telephone: (718) 553-2228, Fax: (718) 553-2229. E-Mail: EMingione@fmc.gov; JCastellano@fmc.gov. Houston: Debra A. Zezima, 650 N. Sam Houston Parkway, #230, Houston, TX 77060. Telephone: (281) 591-6088. Fax: (281) 591-6099. E-mail: DZezima@fmc.gov.

Headquarters Office

Director, Consumer Affairs & Dispute Resolution Services 800 N. Capitol St., NW, Washington, District of Columbia 20573 Email: complaints@fmc.gov Phone: (202) 523-5807. Fax: (202) 275-0059

Web Site Address

http://www.fmc.gov

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.