Fact Finding 28

Fact Finding 28 stems from a petition (Petition P4-16) filed at the Commission by the Coalition for Fair Port Practices. In January 2018, the Commission held a two-day hearing that explored issues raised in the petition by soliciting testimony from shippers, ocean transportation intermediaries, ocean carriers, truckers, and marine terminal operators.

Following the hearing, the Commission initiated Fact Finding 28 and named Commissioner Rebecca Dye the Investigative Officer. Commissioner Dye will examine detention, demurrage, and per diem practices generally, but at a minimum, she will evaluate five key issues:

• Whether the alignment of commercial, contractual, and cargo interests enhances or aggravates the ability of cargo to move efficiently through U.S. ports
• When has the carrier or MTO tendered cargo to the shipper and consignee
• What are the billing practices for invoicing demurrage or detention
• What are the practices with respect to delays caused by various outside or intervening events
• What are the practices for resolution of demurrage and detention disputes between carriers and shippers

Fact Finding 28 Links

• FF28 Order of Investigation
• FF28 Interim Report
• FF28 Final Report
• FF28 Order Extending Fact Finding
• FF28 Memphis Supply Chain Team White Paper
• FF 28 Final Recommendation to the Commission

Field Interviews

Commissioner Rebecca Dye will be conducting field interviews as part of Phase Two of the Fact Finding 28 Investigation at the following locations:

• Update: November 14-16, 2018 October 17-19, 2018 – Ports of Los Angeles and Long Beach
• October 31 – November 2, 2018 – Port Everglades and Port of Miami
• November 7-9, 2018 – Port of New York and New Jersey

Commissioner Dye will meet with other interested parties as time allows. Those interested should contact Christine Stavropoulos:
Phone: 202-523-0206 or
Email: cstavropoulos@fmc.gov

Commissioner Dye will also speak to interested parties in Washington, D.C., at FMC Headquarters or by telephone.

Related News

September 13, 2019 – Proposed Interpretive Rule on Demurrage and Detention Issued

September 6, 2019 – Commission Approves Dye’s Final Recommendations on Detention and Demurrage

May 22, 2019 – Statement of Commissioner Rebecca Dye Before the Surface Transportation Board Oversight Hearing on Demurrage and Accessorial Charges

March 1, 2019 – Dye to Begin Last Phase of Detention & Demurrage Investigation

December 7, 2018 – Commission Approves Recommendations in Detention & Demurrage Report

November 5, 2018 –  Remarks of Commissioner Dye, Association of Transportation Law Professionals, Transportation Forum XV

October 3, 2018 – Port of New York & New Jersey Added to Detention & Demurrage Field Interview Itinerary

September 28, 2018 – Detention & Demurrage Field Interview Locations Announced

September 19, 2018 – Commission Reviews Work on Fact Finding 28 & Regulatory Reform Initiative

September 5, 2018 – Interim Report in Investigation of Detention & Demurrage Practices Released

April 2, 2018 – FMC Issues Information Demands in Detention & Demurrage Investigation

March 5, 2018 – Commission Orders Formal Investigation in Detention & Demurrage Case