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Commissioner Richard A. Lidinsky, Jr. votes to request additional Information from P3 members

December 5, 2013

FMC Commissioner Richard A. Lidinsky, Jr. voted to effectively stop the clock on the review of the P3 Network Vessel Sharing Agreement until such time as the P3 Parties respond to the questions posed by the Commission.

Commissioner Lidinsky stated, “It is critical that we take the appropriate time and put in the effort to fully vet this agreement.” He noted, “This agreement appeared to be moving into an implementation phase without regard to adequate regulatory approval. The Commission’s action today on requesting more information will ensure that shippers and interested parties have their concerns addressed through the FMC. We need to understand the implications of what has been proposed.

My own list of questions is far ranging and once answered by the P3 Parties will aid the Commission in rendering an informed and ultimate decision.”

On October 24, 2013, A.P. Moller Maersk dba Maersk Line, CMA CGM, S.A., and MSC Mediterranean Shipping Company, S.A., filled the P3 Network Vessel Sharing Agreement with the FMC. Under regulatory statute, agreements filed with the FMC become effective after 45 days, but the Commission may request additional information and documents from the filing parties to complete the required statutory review. A new 45 day period begins following receipt of the requested information.