The Federal Maritime Commission (FMC) announced its Commissioners met in closed session on September 4, 2018 to review FMC Fact Finding Investigation No. 28. This is a formal investigation headed by Commissioner Rebecca Dye focused on the practices of vessel operating common carriers and marine terminal operators related to detention, demurrage, and per diem charges.
FMC Fact Finding Investigation No. 28 was initiated in March 2018. An interim report of findings and recommendations was due on September 2, 2018, but this report is confidential to the Commission. A final report is due on December 2, 2018. Final reports in other Fact Finding Investigations (FFI) have been made public. For example, in 2011, the FMC made public its report in FFI No. 27, which focused on Potentially Unlawful, Unfair or Deceptive Ocean Transportation Practices Related to the Movement of Household Goods. This report provided several recommendations to the Commission staff.
This investigation of detention and demurrage practices was prompted by Petition P4-16, which was submitted by the Coalition for Fair Port Practices in December 2016 and has generated many comments. In January 2018, the Commission held two days of hearings on issues raised in this petition by soliciting testimony from shippers, ocean transportation intermediaries, ocean carriers, truckers, and marine terminal operators.