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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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Washington, D.C.

On March 14, 2025, the Federal Maritime Commission (FMC) <a href="https://www.federalregister.gov/documents/2025/03/14/2025-04042/order-of-investigation-into-transit-constraints-at-international-maritime-chokepoints">launched an investigation</a> into transit constraints at key international maritime chokepoints. The FMC is seeking public comments from interested parties on their experiences and proposed solutions related to seven specific maritime locations:

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The FMC also acknowledged that other disruptions affecting U.S. maritime shipping may arise, such as the eleven-week closure of the Port of Baltimore following the collision of the containership Dali with the Francis Scott Key bridge in March 2024, which resulted in losses estimated at $4 billion.

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The FMC will assess whether these maritime chokepoint constraints, such as the seven identified above, have led to unfavorable shipping conditions driven by foreign governments or by the practices of foreign-flagged vessel owners and operators. The investigation is being conducted under the FMC’s authority pursuant to 46 U.S.C. § 46106, which requires the Commission to report to Congress on potentially problematic practices of ocean common carriers owned or controlled by foreign governments.

At this stage of the investigation, the FMC is focused on providing stakeholders with the opportunity to share their perspectives and proposed solutions. The FMC is seeking public comments from interested persons on their experiences, arguments, data and proposals related to the maritime chokepoints listed above—particularly regarding the influence of foreign government policies and the practices of foreign-flag vessel owners and operators on shipping conditions.

The FMC is specifically seeking comments on the following:

The causes, nature and impacts—including financial and environmental—of constraints at one or more of the identified maritime chokepoints.

The extent to which such constraints stem from the laws, regulations, actions, or inactions of one or more foreign governments.

The extent to which such constraints are caused by the practices, actions or inactions of foreign-flag vessel owners or operators.

The expected causes, nature and impacts of continued transit constraints throughout the remainder of 2025.

Recommended short- and long-term steps the FMC could take to mitigate these transit constraints and their effects.

Obstacles to implementing such mitigation measures, and how these obstacles might be addressed.

Comments must be submitted by May 13, 2025, under Docket No. FMC-2025-0005 at: <a href="https://www.regulations.gov/docket/FMC-2025-0005/document">https://www.regulations.gov/docket/FMC-2025-0005/document</a>. This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel. This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2025/03/Transportation-Update-FMC-Opens-Investigation-into-Global-Maritime-Chokepoints.pdf

Federal Maritime Commission Launches Investigation into Global Shipping Chokepoints

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