FMC Effort Will Examine How Data Can Improve Ocean Cargo Velocity

FMC Press Release Posted November 15, 2021 -- Identifying data constraints that impede the flow of ocean cargo and add to supply chain inefficiencies will be the focus of a new Federal Maritime Commission effort to be spearheaded by Commissioner Carl W. Bentzel. This effort will be critical to pinpointing how data can contribute to the long-term reliability of the domestic cargo delivery system.

This initiative will propose recommendations for common data standards used by the international shipping supply chain, as well as access policies and protocols that would streamline information sharing across the ocean supply chain. This multi-phase effort is being launched at the direction of FMC Chairman Daniel B. Maffei with initial findings to be presented at a Maritime Data Summit in Spring 2022.

“Events of the past year have proven the need for the United States to achieve more capacity from our cargo delivery system. Information sharing and additional transparency in how containers move is one way we can move more containers more efficiently. I appreciate Commissioner Bentzel’s willingness to take on this project and I am confident his work will lead to beneficial and implementable recommendations,” said Chairman Maffei.

Over the course of the project Commissioner Bentzel will conduct research, interviews, round tables, and hold public meetings to inform the “status quo” in maritime data. He will explore what common ocean shipping data is created with each hand-off of a container through the supply chain, how that data is stored and shared, and identify what are the critical data elements used by each supply chain party. Ocean carriers, marine terminal operators, truckers, railroads, and other government agencies are among those who will be invited to provide insight about data definitions, classification, and recommendations for improving interoperability of data records involving container shipping. Input from the Commission’s National Shipper Advisory Committee may also be solicited as part of the project. Initial deliverables will include a data inventory and recommendations for common standards.

The first public meeting Commissioner Bentzel will hold is scheduled to take place next month in Washington, D.C. While the agenda for the meeting is still being set, planned speakers will include representatives from the Biden Administration, data experts, standards setting specialists, and representatives from FMC’s National Shippers Advisory Committee.

“I have already met with many port industry leaders and stakeholders around our coastlines, and the topic of reliable, actionable operational shipping information to help more efficiently move cargo was one of the foremost topics of concern. When you go through a U.S. airport you know how and where to park your car, you know that you will be transported to the airport terminal, when you get to the terminal you will be provided information on your gate and information about when your plane will depart and land, adequate personnel are available to handle luggage and run it through security throughout this process, and it is repeated at landing. The maritime industry does not have a similar system in place. Given the immense national economic impact and our Nation’s reliance on ocean shipping, sustained surges in cargo volumes and other operational impacts caused by COVID-19, it is clear to me that we need to develop a stronger system of information for the shipping public. The FMC will work with the industry to develop greater systems of transparency for services surrounding the international intermodal transportation of goods. Our port gateway corridors are limited by physical constraints and the best options for efficiencies lie with the greater utilization of information technologies and coordination between the different modes in the supply chain,” said Commissioner Bentzel.

The project is the latest effort by the Federal Maritime Commission to address supply chain efficiency and congestion issues. Other initiatives include Fact Finding 29, the Vessel-Operating Common Carrier (VOCC) Audit Program, investigating certain ocean carrier fees and surcharges, issuing a Notice of Inquiry into the use of merchant clauses in VOCCs’ bills of lading to require payment from entities that are not in contractual privity with the VOCC.

FMC VOCC Audit Team Urges Carriers to Adopt Detention & Demurrage Best Practices

Ocean carriers should rapidly adopt three common best practices related to detention and demurrage that promote clarity and certainty about how and when fees will be assessed as well as how to challenge disputed charges. The call for an industrywide adoption of best practices came in a letter Federal Maritime Commission Managing Director Lucille Marvin sent to 25 container lines and the World Shipping Council, the trade association that represents liner shipping companies. Ms. Marvin is leading the Vessel-Operating Common Carrier (VOCC) Audit Program and VOCC Audit Team, both of which were established in July at the direction of Commission Chairman Daniel B. Maffei. The VOCC Audit Team has engaged the top nine ocean carriers, by market share, calling on ports in the United States to assess their compliance with the FMC rule on detention and demurrage instituted last year. As part of their work, the Team sought examples of model behavior by individual carriers that should become industry standards. The correspondence sent to industry urges ocean carriers to:

1. Display detention and demurrage charges clearly and prominently on their webpage or customer portal;

2. Develop and document clear internal processes on all matters related to detention and demurrage where they have not already done so; and

3. Clearly delineate dispute resolution procedures, contacts, and required documentation on their website and invoices.

In May 2020, the Commission published a final interpretive rule on the reasonableness of ocean carrier and marine terminal operator detention and demurrage practices. The underlying principle of the rule is that demurrage and detention serve the purpose of incentivizing cargo movement and equipment return. The practices in the letter were identified by the Audit Team as initial measures that can align carrier documents and policies with the goals of the rule. In addition to the work of the VOCC Audit Team, the Commission is pursuing other actions to achieve compliance with its rule on detention and demurrage. In September, the Commission voted to begin work on an Advance Notice of Proposed Rulemaking on detention and demurrage billing practices that will be published in the coming months. The Commission is also moving forward implementing five of eight Interim Recommendations Commissioner Rebecca Dye made to address detention and demurrage from her work on Fact Finding 29. The remaining three Interim Recommendations require action by Congress to change existing law. The work of the VOCC Audit Team and Fact Finding 29 continues.

Chairman Maffei Emphasizes Importance of Communication With Brokers & Forwarders

Federal Maritime Commission Chairman Daniel B. Maffei addressed the annual Government Affairs Conference of the National Customs Brokers & Forwarders Association of America, Inc., discussing conditions in the trade, Commission actions and initiatives in response to events of the past year, and possible priorities for the agency moving forward.

The remarks were delivered in person on September 20, in Washington, DC.

Demand for containerized ocean transportation services globally, but particularly serving the United States, has led to more than one-year of historic volumes of freight entering the American supply chain. While freight is moving from origin to destination at record rates, the supply chain has been stressed to accommodate the sheer number of containers in transit. Congestion, inefficiencies in the system, and insufficient assets across the system have had an operational impact contributing to higher freight rates.

Chairman Maffei highlighted that the Commission has undertaken several initiatives to ensure that the marketplace is free of anticompetitive behavior including increasing reporting requirements on the three carrier alliances, consulting with other competition regimes, engaging senior carrier executives directly, and adding a formal investigatory function to Fact Finding 29. He also reported on the recently launched Vessel-Operating Common Carrier Audit Program, established at his direction, which is assessing the nine largest ocean carriers by market share in the U.S. for compliance with the agency’s rule on detention and demurrage.

“We are taking many steps to assure reasonable practices, including beefing up our enforcement and consumer affairs bureaus and looking at ways to address disincentives that have kept many shippers and NVOCCs from filing cases of their own against carriers or large terminal operators,” said Chairman Maffei.

One area of particular interest to Chairman Maffei is devoting more attention and resources to the practice of charging fees and surcharges beyond the work the FMC has done on detention and demurrage. The Chairman cited an enforcement investigation launched by the Commission in August examining certain announced or implemented congestion surcharges as an example of the sort increased scrutiny of fees that might need to be more frequently initiated.

“Many of the fees shippers are being charged seem unfair. Surcharges are justified by special circumstances that affect a particular port and they should be short in duration. Closer examination of carriers’ justifications for additional fees broadly is likely warranted. We should stop any instance where these add-on fees may not fully comply with the law or regulation,” said Chairman Maffei.

Throughout his remarks, Chairman Maffei underscored the importance of communication between industry and the Commission.

“The Federal Maritime Commission has a longstanding and strong working relationship with NCBFAA. Custom brokers, freight forwarders and other ocean transportation intermediaries play a vital role in keeping cargo moving. I am always appreciative of opportunities to engage with NCBFAA and its members. Robust communications between our two organizations serves both our interests and benefits the shared goal of the efficient movement of ocean freight.”