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Competition and Integrity for America’s Ocean Supply Chain

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# Marine Terminal Operators

Marine Terminal Operators (MTOs), as defined in 46 CFR §525.1(c)(13), provide wharfage, dock, warehouse, or other marine terminal facilities to ocean common carriers moving cargo in the ocean-borne, foreign commerce of the United States. MTOs include:
          - Public port authorities  that own and maintain the docks and other facilities, and sometimes directly operate the marine terminal that ocean common carriers use, and
          - Private terminal operators  that lease terminals from a public port authority (which acts as a landlord) and operate the leased terminals as a private business.

## MTO Registration and Schedules

Under Commission rules for MTOs:
          - An MTO must notify the Commission prior to commencement of operations using   Form FMC-1 . Any changes to FMC-1 information must be updated with the Commission.
          - An MTO may make available a schedule of its rates, regulations, and practices to the public at its discretion. ( 46 CFR § 525.2 ).
          - An MTO conference must publish its schedule. ( 46 CFR § 525.2 ).
          - A complete and current set of schedules of rates, regulations, and practices must be maintained for five years, and available to the Commission upon request ( 46 CFR § 525.3(a) )
          - The Commission publishes the  location of terminal schedules  available to the public on its website.

Please see the below relevant industry advisories:

Industry Advisory—Requirement to Maintain Accurate Information on FMC Form FMC-1Posted: January 10, 2023				

## **MTO Agreements Required to be Filed with the FMC**

Agreements among marine terminal operators must be filed with the FMC (46 U.S.C. § 40302) unless specifically exempted by Commission regulations at 46 C.F.R. part 535.

The FMC conducts a preliminary review of all filed agreements to determine if the agreement is in compliance with the Shipping Act and monitors ongoing agreement activities once an agreement becomes effective.

Agreement Examples and How to File an Agreement

## Contact Information

Phone: 202-523-5793

E-mail: tradeanalysis@fmc.gov

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