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87–748 PDF 2003

S. HRG. 107–960

NOMINATION OF REBECCA DYE TO BE

COMMISSIONER OF THE FEDERAL MARITIME

COMMISSION

HEARING

BEFORE THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

JULY 31, 2002

Printed for the use of the Committee on Commerce, Science, and Transportation

(

(II)

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ERNEST F. HOLLINGS, South Carolina, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

JOHN B. BREAUX, Louisiana 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

MAX CLELAND, Georgia 

BARBARA BOXER, California 

JOHN EDWARDS, North Carolina 

JEAN CARNAHAN, Missouri 

BILL NELSON, Florida 

JOHN McCAIN, Arizona 

TED STEVENS, Alaska 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

SAM BROWNBACK, Kansas 

GORDON SMITH, Oregon 

PETER G. FITZGERALD, Illinois 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia

KEVIN D. KAYES, Democratic Staff Director 

JEANNE BUMPUS, Republican Staff Director and General Counsel 

(III)

C O N T E N T S 

Page 

Hearing held on July 31, 2002 ............................................................................... 1 

Statement of Senator Breaux ................................................................................. 1 

WITNESSES

Dye, Rebecca, nominee to be Commissioner of the Federal Maritime Commission ........................................................................................................................ 1 

Biographical information ................................................................................. 3 

APPENDIX

Stevens, Hon. Ted, prepared statement ................................................................. 7 

(1)

NOMINATION OF REBECCA DYE TO BE 

COMMISSIONER OF THE FEDERAL MARITIME 

COMMISSION 

WEDNESDAY, JULY 31, 2002

U.S. SENATE, 

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

Washington, DC. 

The Committee met, pursuant to notice, at 9:30 a.m. in room

SR-253, Russell Senate Office Building, Hon. John B. Breaux, presiding. 

OPENING STATEMENT OF HON. JOHN B. BREAUX,

U.S. SENATOR FROM LOUISIANA 

Senator BREAUX. The hearing will please come to order. 

This morning, our first order of business is going to be a hearing 

on the nomination of Rebecca Dye to be our new Commissioner of 

the Federal Maritime Commission. We are delighted that she is 

here. 

Our friend and colleague, Senator Ted Stevens of Alaska is here, 

and unfortunately, Senator Stevens has a voice problem this morning. I am sure it is only temporary, but we are asking him to save 

his voice. His statement, recognizing his strong support for Ms. Dye 

and her distinguished work as a counsel for the House Transportation and Infrastructure Committee’s Subcommittee on the Coast 

Guard and Maritime Transportation, will be made a part of the 

record. 

We want to move quickly so Ms. Dye can get back to work on 

the port security legislation and other matters that we are currently addressing. We are delighted to have you here, and if you 

would like to introduce any family members you have and present 

your statement to the Committee, we would be pleased to proceed. 

Ms. Dye. 

STATEMENT OF REBECCA DYE, NOMINEE TO BE

COMMISSIONER OF THE FEDERAL MARITIME COMMISSION 

Ms. DYE. Thank you very much, Senator, and thank you, Senator 

Stevens. I appreciate your coming. 

My husband David, who is a former staffer on this Committee, 

and our Caroline are with me today. They have been a great help 

to me, and I appreciate your allowing me to recognize them. 

Mr. Chairman and Members of the Committee, I am honored to 

appear before you today as President Bush’s nominee to be a Commissioner of the Federal Maritime Commission. It is also a pleasVerDate Apr 24 2002 07:28 Jul 24, 2003 Jkt 087748 PO 00000 Frm 00005 Fmt 6601 Sfmt 6601 S:\WPSHR\GPO\DOCS\87748.TXT SCOM1 PsN: CAROLT
2

ure to appear before this Committee after having worked with your 

exceptional staff on both sides of the aisle for many years. After arriving in Washington from my home State of North Carolina in 

1979, I began my Federal career as a commissioned officer and attorney in the Coast Guard’s Office of the Chief Counsel. I later 

served as a law instructor at the Coast Guard Academy in New 

London, Connecticut. 

After 2 years as an attorney at the United States Maritime Administration, I joined the staff of the former Committee on the 

Merchant Marine and Fisheries in the House of Representatives as 

Minority counsel, and then in 1995, I became counsel for the Coast 

Guard Maritime Transportation Subcommittee of the Committee on 

Transportation and Infrastructure. I have been extremely fortunate 

during my career to have the support and encouragement of my 

family, good friends, and mentors. 

Today, I would like to publicly thank my friends and mentors in 

the industry and on Capitol Hill, including former Congressmen 

Bob Davis, Jack Fields, Bud Shuster, and especially the Transportation and Infrastructure Chairman, Don Young, for his support 

and guidance over the years. 

Mr. Chairman, as I am confirmed as a Commissioner of the Federal Maritime Commission, my 23 years of diverse experience in 

maritime law and policy will allow me to positively contribute to 

the Commission’s vital mission. I am familiar with the specific 

legal authorities administered by the Commission, in particular the 

Ocean Shipping Reform Act. I am also familiar with the business 

needs and the general concerns of the various industry stakeholders regulated by the Commission. 

Finally, my experience with the legal authorities and regulatory 

regimes administered by the Coast Guard and the Maritime Administration has given me a broad understanding of maritime 

transportation. 

I recently heard Federal Maritime Commission Chairman Hal 

Creel make the point that few Americans appreciate the significant 

role that international ocean transportation plays in their lives. 

Even fewer Americans are aware of the importance of the country’s 

international ocean shipping regime administered by the Federal 

Maritime Commission. 

The United States relies on ocean transportation for 95 percent 

of cargo tonnage that moves in and out of the country. Each year, 

more than 7,500 commercial vessels make approximately 51,000 

port calls and over 6 million loaded marine containers will enter 

U.S. ports. 

The Commission’s regulation of international liner transportation 

is an important component of our Nation’s economic vitality, and 

it was greatly strengthened by this Committee’s effort in the development and enactment of the Ocean Shipping Reform Act of 1998. 

The Ocean Shipping Reform Act substantially amended the Shipping Act of 1984, the primary statute administered by the Commission. The goal of the amendment contained in the Ocean Shipping 

Reform Act was to encourage the free flow of U.S. exports and imports through our greater reliance on the marketplace. The Commission concluded in its recent report on the effect of the Ocean 

Shipping Reform Act on international maritime shipping that the 

3

Act is working well. It has been an enormous benefit to international ocean shipping. 

As you know, Mr. Chairman, the most significant changes authorized by the Ocean Shipping Reform Act involve service contracts between ocean carriers and shippers. Under the Reform Act, 

service contracts may be kept confidential. While the contracts are 

required to be filed with the Commission on a confidential basis, 

the contracting parties may keep important rate information private if they wish. Liner conferences and agreements among common carriers cannot dictate service contract terms or prohibit members from offering service contracts. 

This approach to service contracting allows market-based forces 

to set shipping rates, but also preserves a regulatory role for the 

Commission. It allows ocean carriers to be responsive to the needs 

of their customers, and has resulted in a dramatic change in the 

way ocean cargo is shipped internationally. Recent statistics show 

that in some trade lanes companies are shipping about 98 percent 

of their cargo under shipping contracts. 

If confirmed by the Senate, I will be fair-minded and objective in 

the execution of the market-oriented statutory directives of the 

Ocean Shipping Reform Act. I will also do all I can to guarantee 

that shippers, common carriers, ocean transportation intermediaries, and ports regulated by the Commission are provided 

with a fair market environment in which to operate. 

Pursuant to the Commission’s other statutory authorities, I will 

work to eliminate unfair shipping practices by foreign governments, and protect cruise ship passengers against undue financial 

risk. 

Finally, Mr. Chairman, I will do all that I can to assist in a concerted effort to ensure homeland security. 

Mr. Chairman, thank you very much for holding this hearing 

today, and I will be delighted to answer any questions you may 

have.

[The biographical information of Rebecca Dye follows:]

A. BIOGRAPHICAL INFORMATION

1. Name: Rebecca Feemster Dye; Maiden name: Rebecca Lynn Feemster Nickname: ‘‘Becky’’. 

2. Position to which nominated: Commissioner, Federal Maritime Commission. 

3. Date of nomination: June 12, 2002. 

4. Address: (Information not released to the public). 

5. Date and place of birth: May 8, 1952, Charlotte, North Carolina. 

6. Marital status: Married. Husband’s name: David Gary Dye. 

7. Names and ages of children: Caroline Lytton Dye, age 13. 

8. Education: August, 1966-June, 1970, Hunter Huss High School, High School diploma awarded June, 1970; September, 1970-June 1972, University of North Carolina at Greensboro, No degree awarded; August, 1972-May, 1974, University of 

North Carolina at Chapel Hill, Bachelor of Arts awarded May, 1974; August, 1974-

May, 1977, University of North Carolina School of Law, Juris Doctorate awarded 

May, 1977. 

9. Employment record: January 1995-Present, Counsel, Committee on Transportation and Infrastructure, 2165 Rayburn House Office Building, U.S. House of Representatives, Washington, D.C. 20515; February 1987-January 1995, Minority Counsel, Committee on Merchant Marine and Fisheries, U.S. House of Representatives, 

Washington, D.C. 20515, (Committee was abolished in 1995); June 1985-February 

1987, Attorney, Legislation Division, Office of the Chief Counsel, Maritime Administration of the Department of Transportation, Washington, D.C., 1400 7th Street, 

S.W. Washington, D.C. 20590; August 1983-June 1985, Law Instructor, United 

4

States Coast Guard Academy, New London, Connecticut; June-August 1983, Attorney, Office of the Assistant Counsel for Legislation, Department of Transportation, 

Washington, D.C. 20590; 1980–1983, Attorney, Legislation Division, Office of the 

Chief Counsel, United States Coast Guard Headquarters, Washington, D.C.; 1979–

1980, Assistant Division Chief, Legal Administration Division, Office of the Chief 

Counsel, United States Coast Guard Headquarters, Washington, D.C.; 1978–1979, 

Attorney Project Coordinator, Legal Services of North Carolina, Raleigh, North 

Carolina; 1977–1978, Special Counsel, Broughton Psychiatric Hospital, Morganton, 

North Carolina; 1977, Instructor, Dyslexia School, Dallas, North Carolina; 1976–

1977 (Part-time), Sales Clerk, Belk-Leggett Co., Durham, North Carolina; 1975–

1976, (Part-time), UNC Law School Library; 1975 (Part-time) Instructor, Reading 

Research Foundation, Layfayette, LA. 

10. Government experience: None other than those listed above. 

11. Business relationships: Member of Board of Directors for Coast Guard Federal 

Credit Union (early 1980s); Member of Board of Directors of House of Representatives Child Care Center (early 1990s). 

12. Memberships: North Carolina State Bar; White House Military Social Aides 

Association; St. Francis Episcopal Church, Potomac, MD; Palisades Swim and Tennis Club, Bethesda, MD; Montgomery County Republican Party Association 

13. Political affiliations and activities: (a) List all offices with a political party 

which you have held or any public office for which you have been a candidate. None. 

(b) List all memberships and offices held in and services rendered to all political 

parties or election committees during the last 10 years. None. 

(c) Itemize all political contributions to any individual, campaign organization, political party, political action committee, or similar entity of $500 or more for the past 

10 years. $1,000—Bush for President. 

14. Honors and awards: Coast Guard Commendation Medal Coast Guard Achievement Medal. 

15. Published writings: ‘‘Slick Work: An Analysis of the Oil Pollution Act of 1990,’’

published in 1992 by the Journal of Energy, Natural Resources and Environmental 

Law, Co-authored with Cynthia M Wilkinson and Lisa Pittman. 

16. Speeches: During the last 5 years I have been asked infrequently to give remarks concerning current developments in Congress. I speak from brief notes for 

these appearances, and do not keep copies of my notes or the dates of appearances. 

17. Selection: (a) Do you know why you were chosen for this nomination by the 

President? I believe I received this nomination based upon my qualifications and experience relating to the responsibilities of the Federal Maritime Commission. 

(b) What do you believe in your background or employment experience affirmatively qualifies you for this particular appointment? I believe my nearly 23 years 

of experience in matters concerning maritime law and policy qualify me for this position. 

B. FUTURE EMPLOYMENT RELATIONSHIPS

1. Will you sever all connections with your present employers, business firms, 

business associations or business organizations if you are confirmed by the Senate? 

Yes. 

2. Do you have any plans, commitments or agreements to pursue outside employment, with or without compensation, during your service with the government? No. 

3. Do you have any plans, commitments or agreements after completing government service to resume employment, affiliation or practice with your previous employer, business firm, association or organization? No. 

4. Has anybody made a commitment to employ your services in any capacity after 

you leave government service? No. 

5. If confirmed, do you expect to serve out your full term or until the next Presidential election, whichever is applicable? Yes. 

C. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. None. 

2. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated. None. 

3. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated. None. 

5

4. Describe any activity during the past 10 years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat or modification of any legislation or affecting the administration and execution of law or public 

policy. In my positions as Counsel for the Committee on Transportation and Infrastructure and for the former Committee on Merchant Marine and Fisheries, I was 

employed to develop legislation to carry out the legislative agenda of the Members 

of Congress for whom I worked. 

5. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. I am unaware of any 

potential conflicts of interest at this time. If any potential conflicts arise at any time 

I will recuse myself from consideration of matters involved. 

6. Do you agree to have written opinions provided to the Committee by the designated agency ethics officer of the agency to which you are nominated and by the 

Office of Government Ethics concerning potential conflicts of interest or any legal 

impediment to your serving in this position? Yes. 

D. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics for unprofessional 

conduct by, or been the subject of a complaint to any court, administrative agency, 

professional association, disciplinary committee, or other professional group? If so, 

provide details. No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority for violation of any Federal, State, county, 

or municipal law, regulation or ordinance, other than a minor traffic offense? If so, 

provide details. No. 

3. Have you or any business of which you are or were an officer ever been involved as a party in interest in an administrative agency proceeding or civil litigation? If so, provide details. No. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? No. 

5. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be considered in connection with your nomination. 

None. 

E. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines set by 

congressional committees for information? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

congressional witnesses and whistleblowers from reprisal for their testimony and 

disclosures? Yes. 

3. Will you cooperate in providing the committee with requested witnesses, to include technical experts and career employees with firsthand knowledge of matters 

of interest to the committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

F. GENERAL QUALIFICATIONS AND VIEWS

1. Please describe how your previous professional experience and education qualifies you for the position for which you have been nominated. I believe my nearly 

23 years of experience in positions directly related to maritime law and policy, including the laws enforced by the Federal Maritime Commission, qualify me for the 

position of Federal Maritime Commissioner. 

2. What skills do you believe you may be lacking which may be necessary to successfully carry out this position? What steps can be taken to obtain those skills? If 

confirmed, I believe that my training and experience has prepared me to carry out 

successfully the duties of a Federal Maritime Commissioner. 

3. Why do you wish to serve in the position for which you have been nominated? 

If confirmed, I believe that my experience and other qualifications will allow me to 

discharge successfully the responsibilities of the position for which I was nominated. 

I believe it is an honor to serve the President and the people of the United States 

in the position for which I have been nominated. 

4. What goals have you established for your first 2 years in this position, if confirmed? If confirmed, my goal will be to enforce faithfully the laws and other mandates of the Federal Maritime Commission. 

5. Who are the stakeholders in the work of this agency? The stakeholders of the 

Federal Maritime Commission include the U.S. Senate, the U.S. House of RepVerDate Apr 24 2002 07:28 Jul 24, 2003 Jkt 087748 PO 00000 Frm 00009 Fmt 6601 Sfmt 6621 S:\WPSHR\GPO\DOCS\87748.TXT SCOM1 PsN: CAROLT
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resentatives, the executive branch, vessel common carriers, shippers of cargo, shipping intermediaries, United States ports, and United States labor. 

6. What is the proper relationship between your position, if confirmed, and the 

stakeholders identified in question No. 10? If confirmed, the proper relationship between my position and agency stakeholders would be to consider all relevant viewpoints provided by the stakeholders on matters before the Commission, and to exercise independent judgment, based on the law and other mandates of the Commission, to address those matters. 

7. Please describe your philosophy of supervisor/employee relationships. Generally, what supervisory model do you follow? Have any employee complaints been 

brought against you? I have employed a collegial, team approach to personnel management. No employee complaints have been brought against me. 

8. Describe your working relationship, if any, with the Congress? Does your professional experience include working with committees of Congress? If yes, please describe. I have been employed for over 15 years in Congress, with two different Committees in the House of Representatives. During that time I have worked regularly 

with the Committee on Commerce, Science and Transportation and other committees of the Senate. My work relationships have been courteous and professional. 

9. Please explain how you will work with this Committee and other stakeholders 

to ensure that regulations issued by your board/commission comply with the spirit 

of the laws passed by Congress. If confirmed, l will fully consider all viewpoints of 

stakeholders, including those of the Members of this Committee, and ensure that 

I am fully informed on the law and the facts concerning any regulation considered 

by the Commission. 

10. In the areas under the board/commission jurisdiction, what legislative action(s) should Congress consider as priorities? Please State your personal views. At 

this time, I do not have any personal legislative priorities that I believe should be 

considered by the Congress with respect to Federal Maritime Commission. Congress 

recently enacted comprehensive amendments to the international ocean shipping 

system in the Ocean Shipping Reform Act of 1998, and, if confirmed, my first priority will be to implement and enforce that Act and the other laws and mandates 

administered by the Commission. 

11. Please discuss your views on the appropriate relationship between a voting 

member of any independent board or commission and the wishes of a particular 

President. I believe that a member of an independent board or commission should 

consider all relevant viewpoints and exercise his best independent judgment, based 

on the law and other mandates of the commission, on any matter before that board 

or commission.

Senator BREAUX. Thank you very much, Ms. Dye, for your statement. You mentioned being concened about homeland security in 

your last sentence. Do you think the FMC has a role in homeland 

security in any way? 

Ms. DYE. Yes, Mr. Chairman. The FMC has been participating 

in the cargo container security meetings that are being held at the 

Department of Transportation. As you know, information-sharing 

and integration and analysis is going to be one of the cornerstones 

of our homeland security effort. The Federal Maritime Commission 

can play a role in sharing the wealth of information that they collect. 

The Federal Maritime Commission licenses freight forwarders 

and non-vessel-operating common carriers, which are the shipping 

intermediaries, in some cases that actually oversee the loading and 

the sealing of containers. 

The Commission, in their licensing efforts, requires experience 

for 3 years back on these transportation intermediaries, and they 

also require a bond for them to perform in the United States, so 

that information I think would be very valuable in a container 

analysis data system. 

There are about 2,150 U.S. freight forwarders, and nearly 3,000 

non-vessel-operating carriers that are licensed presently by the 

FMC, so that would be a great advantage. 

7

Senator BREAUX. Well, I appreciate that answer. We had a previous hearing on the Chairman-to-be, Mr. Blust, and Mr. Creel 

joined us as well. We talked about that information. If it just stays 

with the FMC and is not somehow shared with some of the law enforcement agencies, whether it is the FBI or the new Homeland Security Department, it is very important information, and should 

not just be pigeonholed and put in a box somewhere at the FMC. 

You have access to information that could be exceedingly valuable, and I think we should make sure we have a system whereby 

it is shared by those who need to have it shared. 

Ms. DYE. Yes, sir. 

Senator BREAUX. We probably have some additional questions we 

might submit to you, but for the moment I think that will suffice 

with my questions. 

I take it that Senator Stevens, if he has questions, they would 

be submitted in writing, and we will operate under that format. 

Senator Rockefeller, from the great maritime State of West Virginia. 

Senator ROCKEFELLER. Mr. Chairman, I was searching the map 

this morning once again looking for oceans and ports in West Virginia, and I failed to come up with any, so I only have to assume 

that I am going to vote for this nominee.

[Laughter.]

Senator BREAUX. Thank you, Senator Rockefeller. 

Ms. Dye, thank you so much. I hope that soon we will be able 

to call you Commissioner Dye. We will bring it to a vote just as 

soon as the Chairman is able to schedule it. We look forward to 

working with you in the future. 

Ms. DYE. Thank you very much, Senator. I appreciate it. 

Senator BREAUX. Thank you. 

[Whereupon, at 9:45 a.m., the hearing was adjourned.]

APPENDIX

PREPARED STATMENT OF SENATOR TED STEVENS

Mr. Chairman, thank you for holding this hearing to consider the nomination of 

Rebecca Dye to be a Commissioner on the Federal Maritime Commission (FMC). 

Ms. Dye was nominated on June 13, 2002, by the President to serve as an FMC 

commissioner for the remainder of a 5-year term expiring June 30, 2005. Ms. Dye 

is fully prepared to serve as a Federal Maritime commissioner from her years as 

an officer in the U.S. Coast Guard, both as a legislative attorney in the Chief Counsel’s Office in Coast Guard Headquarters and as a Law Instructor at the Coast 

Guard Academy in New London, Connecticut. 

In addition to her service to her country in the Coast Guard, Ms. Dye has distinguished herself as the Counsel for the House Transportation and Infrastructure 

Subcommittee on Coast Guard and Maritime Transportation, working for my good 

friend Chairman Don Young. 

Ms. Dye is an excellent choice for this position and will serve our Nation’s maritime interests well. I strongly recommend that this Committee move her nomination 

forward.

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