The U.S. Court of Appeals for the District of Columbia overturned a Federal Maritime Commission ruling that an agent for a FMC Licensed Ocean Transportation Intermediaries (OTIs) must themselves be licensed.

In summery, the plain language of § 19 of the Shipping Act’s licensing requirement does not extend to agents of Ocean Transportation Intermediaries.

Judge Kavanaugh states: "If the Commission is correct that sound policy requires licensing agents of Ocean Transportation Intermediaries, the Commission no doubt will convince Congress to update the statutory scheme to that effect. But the agency (Federal Maritime Commission) cannot rewrite a statute just to serve a perceived statutory “spirit.” We therefore grant Landstar’s petition for review, vacate the declaratory order, and remand to the Commission."
 

For more indebt information please click here to read the transcript of the Opinion for the Court filed by Circuit Judge Kavanaugh.