About
Fact Finding 28 stems from a petition (Petition P4-16 [PDF, 6.1 KB]) 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 examined detention, demurrage, and per diem practices generally, and evaluated five key issues:
- Whether the alignment of commercial, contractual, and cargo interests enhance or aggravate 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 [PDF, 56.8 KB]
- FF28 Interim Report [PDF, 162 KB]
- FF28 Final Report [PDF, 485 KB]
- FF28 Order Extending Fact Finding [PDF, 42.9 KB]
- FF28 Memphis Supply Chain Team White Paper [PDF, 290 KB]
- FF 28 Final Recommendation to the Commission [PDF, 74.2 KB]
Related News
9/13/2019 – Proposed Interpretive Rule on Demurrage and Detention Issued
9/6/2019 – Commission Approves Dye’s Final Recommendations on Detention and Demurrage
3/1/2019 – Dye to Begin Last Phase of Detention and Demurrage Investigation
12/7/2018 – Commission Approves Recommendations in Detention and Demurrage Report
11/ 5/2018 – Remarks of Commissioner Dye, Association of Transportation Law Professionals, Transportation Forum XV
9/28/2018 – New York and New Jersey Detention and Demurrage Field Interview Locations Announced
9/19/2018 – Commission Reviews Work on Fact Finding 28 and Regulatory Reform Initiative
9/5/2018 – Interim Report in Investigation of Detention and Demurrage Practices Released
4/2/2018 – FMC Issues Information Demands in Detention and Demurrage Investigation
3/5/2018 – Commission Orders Formal Investigation in Detention and Demurrage Case