The Senate on May 14 retroactively confirmed the ongoing terms of Daniel Maffei as chair of the Federal Maritime Commission and Rebecca Dye as FMC commissioner. Maffei's term expires June 2027 and Dye's term expires June 2025. Neither FMC official had their appointment confirmed by the Senate at the beginning of their current terms.
International Express Trucking (IXT) accused COSCO Shipping Lines of charging unfair per diem charges during times when there was a chassis shortage, port congestion or a lack of return appointments, the motor carrier said in a complaint filed with the Federal Maritime Commission. In the complaint, dated May 7, IXT said COSCO from 2022 to 2023 charged the motor carrier $75,725 in per diem charges and didn't include relevant information, such as ports of discharge or the date the container had been made available, in the charges.
Two provisions in a February final rule (see 2402230049) from the Federal Maritime Commission -- which set requirements for the information that will soon need to be reported in demurrage and detention invoices -- will take effect along with the rest of the final rule May 28, the commission said in a notice released this week. The FMC had been awaiting approval from the Office of Management and Budget for an information collection request "associated" with those two provisions, and the commission said it received that approval April 16. Those two provisions are: 46 CFR 541.6 and 541.99.
Flexport violated U.S. shipping laws when the logistics company failed to perform its "inland transportation obligations" and charged unfair detention and demurrage fees, Peloton said in a complaint filed with the Federal Maritime Commission May 3. Peloton said it paid "thousands" of improper detention and demurrage charges totaling "millions of dollars."
The Federal Maritime Commission has jurisdiction on cargo moved inland only under a through bill of lading, and contracts between a vessel-operating common carrier and a motor carrier not based on the through bill of lading would "likely be" outside the scope of commission's new detention and demurrage rule released in February (see 2402230049), the commission said. The FMC, in a correction to that rule set to be published in the May 9 Federal Register, stressed that a vessel-operating common carrier must comply with the new detention and demurrage requirements when issuing an invoice if FMC's jurisdiction applies.
The Mediterranean Shipping Company denied allegations by the Federal Maritime Commission that it knowingly violated U.S. shipping laws, calling a proposed $63.2 million FMC penalty "excessive and unlawful.”
The Federal Maritime Commission has been encouraging carriers to have a better relationship and more transparency with shippers, FMC Chairman Daniel Maffei said during a hearing held by the House Subcommittee on Coast Guard and Maritime Transportation on April 30. Maffei said that this issue stems from the lack of transparency surrounding the Red Sea-related surcharges imposed by carriers due to Houthi attacks on commercial ships (see 2401290052).
CMA CGM charged unfair detention and unfair chassis, storage, stop-off and redelivery fees, Access One Transport said in a complaint filed with the Federal Maritime Commission March 1. The California-based motor carrier said CMA CGM violated the Shipping Act by charging unfair fees when the containers couldn't be returned due to lack of appointments, dual transactions and specific actions by CMA CGM and its terminals.
The National Customs Brokers & Forwarders Association of America asked the Federal Maritime Commission questions on the demurrage and detention final rule (see 2402230049). The NCBFAA, in comments dated April 22, said the questions were submitted on behalf of its members and other "industry stakeholders" and raised several questions that were not addressed in the final rule.
Federal Maritime Commissioner Louis Sola met with the ambassador of the Bahamas to the U.S. to discuss "critical maritime issues," the FMC said in an April 23 statement. The meeting was held in Washington earlier in April. They discussed maritime sustainability, port infrastructure enhancements, and "other opportunities for cooperation" between the two nations' maritime sectors, "such as regulatory measures and economic incentives that strengthen the maritime industry," the commission said.