Dusty Johnson: “I would like to engage in a brief colloquy with my majority colleague to ensure that we agree on section 7(b)(1) of S.…”

“I would like to engage in a brief colloquy with my majority colleague to ensure that we agree on section 7(b)(1) of S. 3580. I would ask Chairman DeFazio: Section 7(b)(1) of the bill requires the FMC to initiate a rulemaking ``further'' defining prohibited practices by common carriers, marine terminal operators, and ocean transportation intermediaries under section 41102(c) of title 46, United States Code. Section 7(b)(2) states that the contents of the additional rule required under paragraph 1, ``shall only seek to further clarify reasonable rules and practices related to the assessment of detention and demurrage charges to address the issues identified in the final rule published''--by the FMC--``on May 18, 2020, entitled, `Interpretive Rule on Demurrage and Detention Under the Shipping Act.''' So, Mr. Chairman, my understanding is that any rule prepared under paragraph 1 of section 7(b) is subject to the limitation set in paragraph 2, and such rule shall only clarify the May 18, 2020 rule. I also understand that any rule prepared under section 7 shall be in addition to, not in place of, the May 2020 rule and that that May 18 rule shall remain in place during the preparation of the additional rule after the promulgation of such an additional rule unless the FMC chooses, unrelated to the requirements of section 7, to undertake any amendment to the May 18, 2020 rule. Finally, Mr.…”