Shippers and truckers who have evidence on ocean carriers and marine terminal operators not complying with the Final Rule on detention and demurrage may contact the Federal Maritime Commission’s Bureau of Enforcement (BoE), according FMC Commissioner Rebecca Dye.
Individuals with specific allegations of behavior that violates 46 USC 41102(c) when considered in the context of guidance provided in the Interpretive Rule on Demurrage and Detention Under the Shipping Act, should submit their complaint and supporting evidence to the Bureau of Enforcement by writing: BOE@FMC.Gov
The Commission published in April 2020 its interpretive rule providing guidance to industry on how the reasonableness of detention and demurrage regulations and procedures would be assessed. Since then, the agency has received feedback from shippers and other parties critical of the level of compliance carriers and MTOs have shown to the new rule.
Commissioner Dye is in charge of conducting Fact Finding 29, “International Ocean Transportation Supply Chain Engagement”, which was launched in March 2020.
On November 19, 2020, the Commission voted unanimously to issue a Supplemental Order to Fact Finding 29, reinforcing the broad authority for Commissioner Dye’s investigation. One of the three areas the Supplemental Order identifies for further examination is whether detention and demurrage practices of ocean carriers operating in an alliance and calling at the Port of Los Angeles, Port of Long Beach, or the Port of New York & New Jersey violate 46 USC 41102(c).