Demurrage refers to the time an import container sits in a terminal, with carriers generally responsible for collecting fee for the terminals. Detention refers to shippers holding containers for extended periods outside terminals.
Dye said these charges are useful when they incentivize parties to move freight promptly from ports and marine terminals. However, if a trucker cannot retrieve cargo from a terminal because of unexpected closures, cargo inspections or severe weather, then fees should likely not apply.
Likewise, the FMC said the same level of responsibility should apply to the timely return of empty containers at marine terminals.
For a number of years, shippers and truckers has asked FMC to look into what they view at unfair and excessive demurrage and detention fees. Dye said she spent much of the past 18 months interviewing industry stakeholders across the country to refine recommendations and advise on how to create dispute resolution policies that address the concerns of all sides.
The proposal also calls for the establishment of a Shipper Advisory Board to get advice from U.S. importers and exporters, and to continue support for the Supply Chain Innovation Team working to address chassis availability issues.
FMC is accepting comments on the proposal until Oct. 17, though it has already been asked to extend that deadline to the end of the month. Dye said she does not expect FMC to consider a more formal legislative rule.
