FEDERAL MARITIME COMMISSION 

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PETITION NO. P4-16 

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PETITION OF THE COALITION FOR FAIR PORT PRACTICES FOR RULEMAKING 

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NOTICE OF PUBLIC HEARING AND REQUEST FOR COMMENTS 

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AGENCY: Federal Maritime Commission 

ACTION: Notice of Hearing and Request for Comments. 

SUMMARY: The Commission has determined to hold hearings on January 16 and 17, 

2018, to receive oral testimony concerning the Petition of the Coalition for Fair Port 

Practices for Rulemaking. 

DATES: Request for appearance and comments are due by December 8, 2017 

ADDRESSES: All requests to appear and comments should be addressed to: 

Rachel Dickon 

Assistant Secretary 

Federal Maritime Commission 

800 North Capitol St. NW, Room 1046 

Washington, DC 20573-0001 

Email: secretary@fmc.gov

SUPPLEMENTAL INFORMATION: 

On December 7, 2016 the Coalition for Fair Port Practices petitioned the Federal 

Maritime Commission (Commission) pursuant to 46 C.F.R. 502.51 of the Commission’s 

Rules of Practice and Procedure to initiate a rulemaking proceeding. Petitioner states 

the purpose of the rulemaking is for the Commission to adopt “a rule that will interpret 

the Shipping Act of 1984 . . . specifically 46 U.S.C. section 41102(c)”. The petition and 

comments received are posted on the Commission’s website at https://www.fmc.gov/p4-

16/ . 

S E R V E D

NOVEMBER 16, 2017

FEDERAL MARITIME COMMISSION
The Commission will hold public hearings to explore further the issues surrounding P4-

16, the Petition of the Coalition for Fair Port Practices and the related comments filed in 

this proceeding. The hearings will take place on January 16 and 17, 2018, at 10:00 AM 

in the Commission’s Main Hearing Room, 800 North Capitol Street, NW, Washington, 

DC. The hearing will be open for public observation. 

Any person wishing to participate and speak at the hearing must send a request to 

appear as a participant witness no later than December 8, 2017, and include the name, 

street address, email address, telephone number, and the name of your company or 

employer, if any, together with a summary of the intended testimony, not to exceed 

three pages. The Commission will extend invitations to selected interested witnesses to 

participate in the hearing and may invite others to participate. 

Copies of all written submissions will be posted to the Commission’s website and will be 

available in the Commission’s Office of the Secretary. 

The petition arose out of experiences of coalition members – importers, exporters, 

drayage providers, freight forwarders, customs brokers, and third-party logistics 

providers – with port congestion that ultimately led to vessel ocean common carrier 

(VOCC) and marine terminal operator (MTO) assessments of detention, demurrage, 

and per diem charges. The petition lists events over the preceding five years that led to 

port congestion including Hurricane Sandy (2012), harsh winter (2013-2014), west coast 

labor agreement (2014-2015), cargo diversions from west coast to east coast (2015), 

winter storms (2014-2015), port hiring practices protests – New York/New Jersey (June 

2016), and the Hanjin bankruptcy (Fall 2016). 

On December 20, 2016, the Commission published a notice in the Federal Register 

asking interested persons to submit views or arguments in reply to the Petition. The 

Commission received 115 responses, including comments from Members of Congress, 

trade and shipper associations representing various interests, individual importers, 

exporters, customs brokers, freight forwarders, logistics companies, trucking and 

drayage companies, VOCCs, port authorities, and MTOs. 

The many responses to the Petition illustrate the complexity of issues surrounding 

ocean container shipping and marine terminal operations. 
Given the importance of this issue, its complexity, and the public interest indicated by 

the number and quality of comments submitted in response to the Petition, the 

Commission will hold public hearings to further explore the issues raised by the Petition 

and address specific questions. Commentary and answers to these questions will be 

helpful to the Commission as it determines its next steps with regard to Petition P4-16. 

By the Commission. 

 

        Rachel E. Dickon 

 Assistant Secretary