USMX Animated PDFs

USMX 2020 ANNUAL REPORT 21 2020 Report of Counsel was a common challenge for both the East and West Coasts, that is, the need to improve chassis pickups and returns by use of "double moves" where truckers can return containers to one location and pick up an outbound container. The Council for Port Performance (CPP) in the PONY/NJ advised the Commissioner during her investigation that the CPP had made achieving that goal a top priority in the PONY/NJ. At year end the FMC expanded the authority of Fact Finding No. 29 to further investigate the policies and practices of ocean carriers operating in alliances related to detention and demurrage charges, container return, and container availability for United States export cargoes in the Ports of Los Angeles, Long Beach, and New York and New Jersey. Demurrage, Detention, and Per Diem Charges (FMC Petition No. P4-16) The FMC's Interpretive Rule on demurrage and detention, which amends the Shipping Act of 1984, took effect on May 18, 2020. The rule requires the FMC to consider the extent to which demurrage and detention are serving their intended purposes as financial incentives to promote freight fluidity in assessing the reasonableness of demurrage and detention practices and regulations. Exemption from Certain Provisions of the Shipping Act of 1984 (FMC Petition No. P3-18) To eliminate the administrative and regulatory burden on ocean common carriers, the FMC adopted a rule that will exempt ocean common carriers from publishing the essential terms of their service contracts with shippers, which include the origin and destination port ranges, the commodities involved, the minimum volume, and the service contract duration. The rule became effective on June 25, 2020. Intermodal Motor Carriers Conference, American Trucking Associations, Inc. v. Ocean Carrier Equipment Management Association, Inc., et al., Docket No. 20-14 In August 2020, the Intermodal Motor Carriers Conference (IMCC) of the American Trucking Associations, Inc. (ATA) filed a complaint with the FMC against the Ocean Carrier Equipment Management Association, Inc. (OCEMA) and its carrier members, alleging substantial overcharges for container chassis use that caused IMCC's members to suffer $1.8 billion in damages during the three years prior to filing the complaint. The complaint further alleged that OCEMA and its ocean carrier members engaged in unreasonable practices by denying motor carriers their right to select a chassis provider in violation of the Shipping Act of 1984. In September 2020, OCEMA filed a motion to dismiss the IMCC's complaint, alleging that the FMC lacked jurisdiction over the complaint because it could not adjudicate domestic transportation issues, such as merchant haulage trucking. The FMC's Chief Administrative Law Judge (ALJ) denied OCEMA's motion to dismiss the IMCC's complaint and found that the IMCC had made a plausible claim of subject matter jurisdiction by alleging that ocean carriers affect and exert control over chassis availability through their regulations and practices. NATIONAL LABOR RELATIONS BOARD (NLRB) Secondary Boycott Prohibitions Are Not Unconstitutional The Court of Appeals for the Ninth Circuit affirmed an order by the NLRB confirming that prohibitions on secondary boycotts under the NLRA do not violate the First Amendment to the United States Constitution. Testimony in Unfair Labor Practice Investigations In June 2020, the NLRB General Counsel issued Memorandum GC 20-08, which sets forth new guidelines for how the NLRB's twenty-six (26) Regional Offices Port of Charleston

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