Several issues related to detention and demurrage remain to be addressed as the Federal Maritime Commission moves forward with its recent proposed rule on detention and demurrage practices, said Richard Roche of Mohawk Global Logistics, at the National Customs Brokers & Forwarders Association of America’s government affairs conference Sept. 23 in Washington. Key among these are notices of availability for cargo and charges for customs holds, he said.
The Federal Maritime Commission will accept comments on its proposed interpretative rule on detention and demurrage charges until Oct. 31, the agency said in a notice. The agency previously said comments are due Oct. 17 (see 1909130026).
The Federal Maritime Commission will likely publish next week a notice in the Federal Register seeking comment on an interpretive rule that is meant to help address issues with detention and demurrage charges, an FMC spokesman said. The agency announced on Sept. 6 that the FMC adopted recommendations from Commissioner Rebecca Dye, one of which includes publishing "an interpretive rule that clarifies how the Commission will assess the reasonableness of detention and demurrage practices." Interpretive rules differ from other regulations in that they don't require a notice and comment period, though the FMC has chosen to go through one, and aren't considered to have the force of law.
The Federal Maritime Commission will seek comments on a proposal to "prevent ocean carriers and marine terminals from imposing free-time (detention, demurrage, per diem) charges when the container cannot be picked up from, or returned to, the terminal through no fault of the shipper/trucker," the Agriculture Transportation Coalition said in a Sept. 6 email. The FMC didn't comment. The trade group said carriers have made such penalties "a major cost for importers and exporters and their truckers, often threatening to lock out truckers who don't immediately pay, and making shippers' protest/challenges extremely difficult."
Unresolved negotiations between the British Columbia Maritime Employers Association (BCMEA) and the International Longshore and Warehouse Union (ILWU) threatens to stop cargo movement if an impasse continues, the Canadian International Freight Forwarders Association said in an April 22 letter to Patricia Hajdu, Canada's Minister of Employment, Workforce Development and Labour. "A work stoppage at the west coast ports will cause a major disruption on supply chains," the group said. "In some cases, customers will be lost permanently due to rerouting cargo through the west coast ports in the United States. Today we are writing to underline the potentially catastrophic impacts to Canada’s trade, to our ports and to our economy of the current labour negotiations between the BCMEA/ILWU and to urge the Government of Canada to take any necessary action to keep the ports operating." The previous agreement expired over a year ago and as of April 22, "we understand that a settlement does not appear imminent," the group said.
The Federal Maritime Commission will discuss licensing and financial responsibility requirements for ocean transportation intermediaries during a May 1 meeting, the FMC said in a notice. Also on the agenda are ocean carrier alliances and two terminal agreements.
The Transportation Security Administration is planning to update its air cargo security forms for indirect air carriers (IACs) in order to solicit residency information, the agency said in a recent notice. The TSA plans to "revise TSA Form 419F to request specific information regarding residency of Indirect Air Carrier (IAC) Principals to ensure that those principals that do not physically reside nor work in the United States can meet the STA requirements," it said. The agency said the update will also "provide a web-portal, allowing [Indirect Air Carrier Management System (IACMS)] to upload supporting documentation electronically."
The Panama Canal Authority set a new limit for vessels transiting the Neopanamax locks after April 30, it said in an April 1 notice. The maximum authorized draft for vessel after that date "will be 13.41 meters (44.0 feet) Tropical Fresh Water (TFW)," it said. The limit is a result of the present and projected levels of Gatun Lake, it said. "Vessels arriving after April 30, 2019, with drafts over 13.41 meters (44.0 feet) TFW may be allowed to transit, depending on the actual level of Gatun Lake at the time of transit. Otherwise, they will be required to trim or off-load cargo in order to be allowed to transit. Draft adjustments will be announced in 12-inch (30.5 cm) decrements, generally with at least four weeks advanced notice."
The Federal Maritime Commission released a notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreement by email to Secretary@fmc.gov, or by mail to the Secretary, Federal Maritime Commission, Washington, DC 20573, within 12 days of publication in the Federal Register.
The Federal Maritime Commission released a notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreement by email to Secretary@fmc.gov, or by mail to the Secretary, Federal Maritime Commission, Washington, DC 20573, within 12 days of publication in the Federal Register.