Federal Maritime Commission to hold hearing to clarify changes

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The Federal Maritime Commission has scheduled public hearings for Jan. 16-17 on raised issues associated with detention, demurrage, and per diem charges.

The hearings are in response to a petition submitted by maritime industry group Coalition for Fair Port Practices. The group includes The National Industrial Transportation League and two dozen other organizations.

The petition was filed last December. It requested the commission “clarify what constitutes ‘just and reasonable rules and practices’ with respect to the assessment of demurrage, detention, and per diem charges by ocean-common carriers and marine-terminal operators when ports are congested or otherwise inaccessible.”

In September, the commission voted to hold the hearings. It had received 115 public comments, all asking for additional information or requesting the commission engage with stakeholders directly.

Anyone who wishes to provide testimony must submit a request no later than Dec. 8.

The hearing will be open to the public and also will be streamed online.

“One question is whether the Commission can craft a general rule of universal nationwide applicability on detention, demurrage, and per diem provisions given the wide variety of commercial terms and conditions that are incorporated into VOCC service contracts and in MTO tariffs nationwide to address various events and circumstances,” Acting Chairman Michael Khouri said.