About
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 Registrations 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-1
Posted: 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.