The COVID Project
The record
- Jurisdiction
- Federal Maritime Commission; alliance carriers calling at New York/New Jersey and Los Angeles/Long Beach
- Level
- Federal
- Authority
- 46 U.S.C. 41302, 40104; 46 C.F.R. 502.281 et seq.
- Issued
- 2020-11-19 Nov. 19, 2020
- Effective
- 2020-11-19
- End
- 2022-05-31 (final report) (read as 2022-05-31)
- In force
- Nov. 19, 2020 to May 31, 2022
- Quarters
- 2020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Supply chainOther
- Addressees
- vessel-operating common carriers in alliances calling at the Port of New York and New Jersey and the Ports of Long Beach and Los Angeles
- shippers and truckers affected by container return and detention practices
- Functions reached
- SC ocean carriers' container return, detention and demurrage practices
- DS/DR drayage at the two largest gateways
- CB importers and exporters
- PT marine terminals
- Collection
- Coast Guard and ports AGY-USCG-PORTS
Operative words
Based on information obtained in the fact finding, the Commission is concerned that vessel-operating common carriers in alliances who call on the Port of New York and New Jersey or who call on the Port of Long Beach and the Port of Los Angeles may be employing practices and regulations that violate 46 U.S.C. 41102(c). As one example, stakeholders who participated in discussions in Fact Finding No. 29 shared problems they are experiencing with policies regarding the return of empty containers.... The Fact Finding Officer's authority includes the ability to [issue information] demands under 46 U.S.C. 40104 to alliance carriers... THEREFORE IT IS ORDERED, That, pursuant to her existing authority under 46 U.S.C. 41302, 40302, 41101 to 41109, 41301 [to 41309, and 40104,] Commissioner Rebecca F. Dye investigate whether alliance carriers who call on the Port of New York and New Jersey or who call on [the Port of Long Beach and the Port of Los Angeles are engaging in practices that violate 46 U.S.C. 41102(c)].
Enforcement
46 U.S.C. 40104 (compulsory information demands), 41107-41109 (civil penalties), 41102(c)
Notes
Compulsory-process order aimed at the two largest U.S. gateways in the pandemic congestion; in force through Q3 2021.
Retrieval noteIssued copy read in full; bracketed words bridge line breaks.