Supplemental Order, Fact Finding No. 29, International Ocean Transportation Supply Chain Engagement - Possible Violations of 46 U.S.C. 41102(c) (issued Nov. 19, 2020)

The record

Jurisdiction

Federal Maritime Commission; alliance carriers calling at New York/New Jersey and Los Angeles/Long Beach

Level

Federal

Authority

46 U.S.C. 41302, 40104; 46 C.F.R. 502.281 et seq.

Issued

2020-11-19 Nov. 19, 2020

Effective

2020-11-19

End

2022-05-31 (final report) (read as 2022-05-31)

In force

Nov. 19, 2020 to May 31, 2022

Quarters

2020 Q42021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Supply chainOther

Addressees

• vessel-operating common carriers in alliances calling at the Port of New York and New Jersey and the Ports of Long Beach and Los Angeles
• shippers and truckers affected by container return and detention practices

Functions reached

• SC ocean carriers' container return, detention and demurrage practices
• DS/DR drayage at the two largest gateways
• CB importers and exporters
• PT marine terminals

Collection

Coast Guard and ports AGY-USCG-PORTS

Operative words

Based on information obtained in the fact finding, the Commission is concerned that vessel-operating common carriers in alliances who call on the Port of New York and New Jersey or who call on the Port of Long Beach and the Port of Los Angeles may be employing practices and regulations that violate 46 U.S.C. 41102(c). As one example, stakeholders who participated in discussions in Fact Finding No. 29 shared problems they are experiencing with policies regarding the return of empty containers.... The Fact Finding Officer's authority includes the ability to [issue information] demands under 46 U.S.C. 40104 to alliance carriers... THEREFORE IT IS ORDERED, That, pursuant to her existing authority under 46 U.S.C. 41302, 40302, 41101 to 41109, 41301 [to 41309, and 40104,] Commissioner Rebecca F. Dye investigate whether alliance carriers who call on the Port of New York and New Jersey or who call on [the Port of Long Beach and the Port of Los Angeles are engaging in practices that violate 46 U.S.C. 41102(c)].

Enforcement

Notes