Sec. 201. Data standard for maritime freight logistics
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Not later than 180 days after the date of enactment of this Act, the Federal Maritime Commission shall promulgate an advance notice of proposed rulemaking on a data standard for maritime freight logistics and ocean transportation in the foreign commerce of the United States. During the public comment period for the rulemaking under subsection (a), the Commission shall consult with— the National Shippers Advisory Board established under section 42502 of title 46, United States Code; and the Secretaries of Transportation, Commerce, and Agriculture. The rulemaking under subsection
(a)shall— develop a data standard for the voluntary sharing of appropriate supply chain data with— a common lexicon of standard terms and methods of measurements; a method to exchange data in real time amongst relevant stakeholders; appropriate data protections to ensure confidentiality of proprietary business information; and appropriate cybersecurity measures to protect data from unauthorized use; incorporate data from stakeholders to facilitate— the arrival, unloading, loading, and departure of vessels; cargo availability and pick up reservation; chassis availability; and other data elements the Commission consider prudent; and consider relevant data standards used or under development within the private sector and whether to adopt or otherwise incorporate such standards into the rule finalized under this subsection, with priority given to standards that— are developed in open, transparent, impartial, balanced, consensus-based processes; are performance-based, technology neutral, and vendor neutral; are interoperable, allowing for the exchange and use of data between devices and systems; are market relevant and globally applicable; are nonduplicative of, and coherent with, other relevant standards, guides, best practices, and frameworks; and allow information owners to control what information is shared, when information is shared, with whom, and for what purpose; and be consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 ( Public Law 104–113 ; 15 U.S.C. 272 note) including any standard for the voluntary sharing of appropriate supply chain data developed thereunder. The Commission may enter into an agreement with 1 or more appropriate independent entities based in the United States that operate as voluntary consensus standards setting organizations as defined for purposes of section 12(d) of the National Technology Transfer and Advancement Act of 1995 ( Public Law 104–113 ) and Office of Management and Budget Revised Circular A–119, published in the Federal Register on January 27, 2016 (81 Fed. Reg. 4673), to develop the data standard for maritime freight logistics and ocean transportation in the foreign commerce of the United States for the rulemaking under subsection
(a)and for procurement or other relevant programmatic activities, consistent with the requirements of this section. If the rulemaking under subsection
(a)is finalized, the Secretary of Transportation may require a covered port authority to adopt any data standard issued pursuant to this section for relevant operational use cases, as determined by the Secretary. In this section, the term covered port authority means a port authority that receives funding after the date on which a rule is finalized under this section under— the port infrastructure development program under section 54301(a) of title 46, United States Code; or the maritime transportation system emergency relief program under section 50308 of title 46, United States Code. Nothing in this section shall be construed to require the Commission to develop a data standard that violates the confidentiality and disclosure policies established under subchapter III of chapter 35 of title 44, United States Code.
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- Pub. L. 104-113
- 81 FR 4673
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Sec. 201
Data standard for maritime freight logistics
Pub. L.Pub. L. 104-113
Fed. Reg.81 FR 4673
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