Ocean carriers warn FMC against regulating prices

WASHINGTON — Revisions made to a proposed rule aimed at curbing the ability of container ship carriers to refuse to provide vessel space to their customers has delved into the dangerous area of price regulation, according to the carriers.

In a rulemaking proposed last year, the U.S. Federal Maritime Commission attempted to define what is an “unreasonable refusal to deal or negotiate” the vessel space that carriers provide for their customers’ containers.

After both carriers and shippers took issue

https://www.freightwaves.com/news/ocean-carriers-warn-fmc-against-regulating-prices

Ocean carriers: Keep rail storage fee disputes at STB

WASHINGTON — Confusion over which federal agency has the power to resolve disputes over fees charged by railroads to store ocean containers will only get worse if Congress follows the advice of the shippers getting hit by the fees, ocean carriers contend.

A coalition of 75 shipper groups — led by the National Customs Brokers & Forwarders Association of America, the National Industrial Transportation League, and the National Retail Federation — appealed this week to lawmakers to clarify that...

https://www.freightwaves.com/news/ocean-carriers-keep-rail-storage-fee-disputes-at-stb

Inflation triggers major user fee increases at FMC

WASHINGTON — The Federal Maritime Commission is raising its user fees as high as 650% over current rates to account for higher costs related to staff salaries, inflation and an electronic filing upgrade.

The FMC acknowledged the increases in a Federal Register notice posted Tuesday, noting that when it last updated user fees in 2020 (when many of its fees were adjusted downward or raised slightly), the agency used FY2019 cost data, including 2019 staff salaries.

Ocean Transportation Intermediary...

https://www.freightwaves.com/news/inflation-triggers-major-user-fee-increases-at-fmc

New FMC rule expands shippers’ eligibility for carrier refunds

WASHINGTON — A new rule requiring ocean carriers to refund importers and exporters for illegal overcharges and potentially for other violations of the U.S. Shipping Act will go into effect next month.

The changes, set out in a final rule scheduled to be published by the Federal Maritime Commission on Monday, are in the form of amendments to the FMC’s Rules of Practice and Procedure governing the assessment and collection of civil penalties. They codify provisions included in the Ocean Shipping...

https://www.freightwaves.com/news/new-fmc-rule-expands-shippers-eligibility-for-carrier-refunds

FMC proposes tighter container billing standards

Container trucking at Port of Houston.

Ocean carriers and marine terminals would be subject to stricter — and potentially costlier — billing requirements when they charge shippers for late containers under a proposal by the Federal Maritime Commission.

The FMC’s 58-page proposed rule on demurrage and detention billing requirements, scheduled to be posted in the Federal Register next week, “seeks to bring more clarity, structure, and punctuality” to the billing practices of vessel operating common carriers (VOCCs),...

https://www.freightwaves.com/news/fmc-proposes-tighter-container-billing-standards

FMC seeks to limit ocean carriers’ leverage on container space

Overhead view of container ship.

The Federal Maritime Commission is proposing a rule aimed at preventing ocean carriers from locking out customers from the carriers’ available vessel space.

The notice of proposed rulemaking (NPRM), expected to be published this week in the Federal Register, will give the public 30 days to comment on a provision included in the Ocean Shipping Reform Act of 2022 that prohibits ocean carriers from unreasonably refusing to deal or negotiate with respect to vessel space accommodations.

“The NPRM...

https://www.freightwaves.com/news/fmc-seeks-to-limit-ocean-carriers-leverage-on-container-space

New York port truckers press FMC for emergency order

trucks moving containers at marine port.

Ocean carriers and marine terminals should be forced to share more accurate container storage data to improve cargo flows at the Port of New York and New Jersey, according to trucking companies serving the facility.

Those companies, which specialize in intermodal container drayage, are responding to a comment request from the Federal Maritime Commission on a potential emergency order mandating such data sharing with trucking, shippers and railroads.

The FMC was required to consider the proposed...

https://www.freightwaves.com/news/new-york-port-truckers-press-fmc-for-emergency-order

FMC considering 60-day congestion emergency order

Container stacks at Port of Los Angeles.

The Federal Maritime Commission will ask the public to comment on whether supply chain congestion is severe enough to order carriers and container terminals to share their cargo availability data directly with shippers, railroads and drayage truckers.

Information received in response “will help inform the commission’s decision on whether an emergency situation exists and whether to issue an emergency order to address any such situation,” the FMC stated in a document released Thursday.

Issuance of...

https://www.freightwaves.com/news/fmc-considering-60-day-congestion-emergency-order

FMC wants ocean carriers to pay for container storage

Port Newark Container Terminal

The head of the Federal Maritime Commission is warning ocean carriers serving the Port of New York and New Jersey to stop forcing shippers and drayage truckers to store their containers — and pay them for it when they do.

FMC Chairman Dan Maffei is ratcheting pressure on carriers following a meeting with truckers and marine terminal operators at the port on Wednesday.

“The [FMC] has already been investigating reports of carriers charging per diem container charges even when the shipper or trucker...

https://www.freightwaves.com/news/fmc-wants-ocean-carriers-to-pay-for-container-storage

FMC needs more staff to enforce ocean shipping reforms, official says

Containership at Port of L.A.

The Federal Maritime Commission may not have enough staff to properly enforce ocean shipping reforms enacted in June, an official at the agency says.

“We are resource-strained right now,” said FMC Commissioner Carl Bentzel, speaking Monday during a webinar on the Ocean Shipping Reform Act of 2022 (OSRA) and its effect on global supply chains.

FMC Commissioner Carl Bentzel

Bentzel said the FMC has six investigators to oversee $6 trillion in containerized cargo value and affiliated intermodal...

https://www.freightwaves.com/news/fmc-needs-more-staff-to-enforce-ocean-shipping-reforms-official-says