National Shipper Advisory Committee

Port of Oakland

December 8, 2022

1:00-4:00 pm Pacific Time

A. Introduction and Determination of Quorum

Dylan Richmond, the Designated Federal Officer (DFO), determined there was a quorum and 

called the meeting to order. He welcomed members of the public and acknowledged attendance 

of members from the White House Supply Chain working group. Members of the Committee 

were encouraged to have a robust discussion on all motions brought before the committee before 

any votes are taken. Finally, the members of the public in attendance were invited to provide 

their comments after these discussions. 

B. Remarks from NSAC Leadership

Michael Symonanis, NSAC Acting Chair, acknowledged the impactful work that has been done 

within the subcommittees, and asked that committee members speaking on behalf of their 

subcommittee to include discussion on conversations they have had with outside parties. 

C. Chassis Subcommittee Discussion

Steve Schult, the Chair of the Chassis Subcommittee, shared results from the team’s efforts since 

being formed after the last NSAC meeting held in August 2022. Their initial efforts include datagathering and discussions with parties outside the NSAC membership to gain perspective on the 

key issues from different players within the supply chain. Outside discussions had been held with 

Federal Maritime Commissioner Rebecca Dye, various chassis providers, General Lyons, the 

White House Port Envoy; one trucking company and one drayage company representative.

D. Fees/Surcharges Subcommittee

Discussion on Prior Recommendations

Rich Roche, Chair of the Fees and Surcharges Subcommittee, highlighted prior 

recommendations made to the FMC. Regarding the prior recommendation on through-bills-oflading, the subcommittee agrees with the FMC that they have jurisdiction over disputes. 

However, the subcommittee believes there is a disconnect as no cases have been adjudicated or 

resolved regarding rail storage issues, and some relevant complaints, in their opinion, have been 

kicked out. They are planning to work with the FMC to identify and resolve this disconnect.

On the prior UIAA recommendation, the subcommittee is working to provide the additional 

information requested by the FMC.

Regarding extended dwell fees, Committee members noted that the interpretive rule does not 

allow fees that do not incentivize the movement of cargo. They noted there is still a problem in 
the current state of affairs involving this. The subcommittee believes that current discussions on 

the planned detention and demurrage recommendation will help clear these issues up. 

Finally, regarding the FMC’s response to the prior Earliest Return Date (ERD) recommendation, 

the subcommittee believes that the FMC did not address the operational challenges stated in the 

recommendation, but instead focused only on the legal aspects of the issue. The subcommittee 

was under the impression that they had provided enough information to address related data 

issues but will work to provide further clarification to the FMC. It is the belief of the 

subcommittee that when a terminal or carrier change the ERD it affects the container and fees 

that result, and that honoring the ERD stated at the time of container availability would resolve 

these issues.

NPRM

The subcommittee Chair brought up the ongoing FMC Notice of Proposed Rulemaking 

involving detention and demurrage and asked the committee to come together and discuss to

provide comments. If the committee agrees to provide comment on the NPRM, they will discuss 

and vote on their comment at a full meeting.

Recommendation on Government Holds

The subcommittee Chair reviewed their recommendation language (to see the full draft text, see 

the “Government Holds” link at National Shipper Advisory Committee - Federal Maritime Commission 

- Federal Maritime Commission (fmc.gov).

After reading the language, the floor was open for discussion. No comments or questions were 

put to the subcommittee. 

Bob Connor brought a motion to vote on the proposed recommendation. Sean Healy seconded 

the motion. DFO, Dylan Richmond, called on each committee member in attendance in turn. The 

vote was in favor of the recommendation.

E. Data/Visibility Subcommittee Discussion and Proposed Recommendations

Discussion of Subcommittee’s Prior Work 

Gabriel Rodriguez, Chair of the subcommittee, thanked members for their work thus far, and 

provided an overview of the subcommittee’s work. The subcommittee’s initial work involved 

gathering information which uncovered several data issues, namely, lack of accurate arrival 

information, appointments for empty returns, standardized language and definitions, and late 

notifications from carriers on ERD, vessel delays, and documentation cutoff dates. The next 

phase of the work involved exploratory meetings with different organization to see how they 

utilize or have developed technology that can potentially solve these issues. 

As a result of this work the subcommittee devised some initial ideas to resolve these problems. 

These ideas included developing a national data portal and a national supply chain strategy. It 
was noted that neither of these ideas has yet been brought forward for a vote in prior NSAC 

meetings and is not being proposed in today’s meeting. Their work also led to their first 

recommendation that the FMC establish an Ocean Carrier Advisory Committee as recommended 

in the Fact Finding 29 Final Report. Mr. Rodriguez’s summarized the FMC’s response to this 

recommendation.

Recommendation on Shipment Level Data Alignment

The subcommittee Chair reviewed their recommendation language (to see the full draft text, see 

the “Shipment Level Data Alignment” link at National Shipper Advisory Committee - Federal 

Maritime Commission - Federal Maritime Commission (fmc.gov).

After reading the language, the floor was opened for discussion. The NSAC Acting Chair, Mr.

Symonanis, stated that the issues covered by this recommendation are primarily behavioral 

problems and the recommendation was meant to address this concern and to help reduce data 

complexity in the supply chain. 

Steve Schult proposed a motion to vote on the recommendation and Jen Morrissey seconded the 

motion. The DFO, Dylan Richmond, called on each committee member in attendance in turn. 

The vote was unanimously in favor of the recommendation.

Recommendation on Container Level Data Alignment

The subcommittee Chair reviewed their recommendation language (to see the full draft text, see 

the “Container Level Data Alignment” link at National Shipper Advisory Committee - Federal 

Maritime Commission - Federal Maritime Commission (fmc.gov)).

After reading the language, the floor was opened for discussion. The Committee Acting Chair 

stated that the subcommittee believes the ability to provide or not provide data to parties in the 

supply chain ultimately falls to the carrier.

Alexis Jacobson proposed a motion to vote on the recommendation and Morgan Jackson

seconded the motion. DFO, Dylan Richmond, called on each committee member in attendance in 

turn. The vote was unanimously in favor of the recommendation.

Recommendation on Intermodal Data Alignment

The subcommittee Chair reviewed their recommendation language (to see the full draft text, see 

the “Intermodal Data Alignment” link at National Shipper Advisory Committee - Federal Maritime 

Commission - Federal Maritime Commission (fmc.gov)).

After reading the language, the floor was opened for discussion. The Committee Acting Chair 

stated that the subcommittee considered this recommendation could have been a part of the prior 

recommendation but felt it does not affect every shipper in the country. They also believe the 

proposed is feasible as there are carriers and other entities they know have the data, and the idea 

considered is how can shippers gain access to it to run their operations.
Scott Fremont proposed a motion to vote on the recommendation and Fernando Lagonell

seconded the motion. DFO, Dylan Richmond, called on each committee member in attendance in 

turn. The vote was unanimously in favor of the recommendation.

F. Public Comment Period

Several non-committee members were present at the meeting or virtually. After the final 

recommendation was approved, the floor was opened to their comments.

Federal Maritime Commissioner Rebecca Dye referred Committee members to discussions

during Fact Finding 29 on merchant and carrier haulage which may inform their future work on 

some issues. She also stated that she has talked to the FMC Chairman about moving forward 

with processes that will provide clarity and predictability. Finally, she referred the data team to 

the 2017 Innovation Team report to uncover what information may be available in the industry. 

Scott Taylor, of GSC Logistics, stated that his company handles 25 percent of the imports in 

Oakland, and is expanding into the East and Gulf coasts. He wanted to make the Committee 

aware that the Port of Oakland is a critical international gateway, particularly for the agricultural 

industry which represents the largest group of commodities exported from Oakland. He also 

thanked Commissioner Dye for helping the Harbor Trucking Association improve the supply 

chain in Oakland and on the U.S. West Coast. Mike Symonanis thanked Mr. Taylor for his 

comments and expressed his understanding of the difficulties faced by the agricultural industry. 

Susan Ransom, of SSA Terminals, echoed the prior comments and expressed her hope that the 

Committee will meet with ocean carriers to discuss the problems mentioned in their discussions 

today.

Mike O’Malley, of DCLI, thanked members for meeting with his organization at the 

subcommittee level. He stated there have been a lot of changes to the chassis pools, that having 

the right regulatory environment is critical, and that it is important to give shippers the option to 

choose a chassis provider.

G. Closing Remarks

Mr. Symonanis underscored the importance of permanently filling the Chair position following 

Brian Bumpass’ departure earlier in the year. He asked members to consider volunteering to help

guarantee the smooth functioning of the Committee. 

The Chair stated there is value to meeting in-person and that the 2023 schedule will be finalized 

among themselves soon. Committee members encouraged members of public to continue to 

contribute their ideas and comments to members individually or to the group as it aids in refining 

the scope of the Committee’s work. 

Mr. Symonanis thanked everyone for traveling to the meeting and Mr. Schult for hosting this 

meeting.

H. Adjournment 
At the end of the closing remarks the DFO adjourned the meeting.

Recommendation Voting Roll

Recommendation 1: Government Holds

Tray Anderson Yes

Justin Cauley Yes

Bob Connor Yes

Scott Fremont Yes

Sean Healy Yes

Steve Hughes Yes

Morgan Jackson Yes

Alexis Jacobson Yes

Fernando Lagonell Yes

Allison Leavitt Yes

Deb Minnskey Yes

Jen Morrissey Yes

Claudia Moshiri Yes

Ken O’Brien No

Rich Roche Yes

Gabe Rodriguez Yes

Steve Schult Yes

Michael Symonanis Yes

Colin Yankee Yes

Recommendation 2: Shipment Level Data Alignment

Tray Anderson Yes

Justin Cauley Yes

Bob Connor Yes

Scott Fremont Yes

Sean Healy Yes

Steve Hughes Yes

Morgan Jackson Yes

Alexis Jacobson Yes

Fernando Lagonell Yes

Allison Leavitt Yes

Deb Minnskey Yes

Jen Morrissey Yes

Claudia Moshiri Yes

Ken O’Brien Yes

Rich Roche Yes

Gabe Rodriguez Yes
Steve Schult Yes

Michael Symonanis Yes

Colin Yankee Yes

Recommendation 3: Container Level Data Alignment

Tray Anderson Yes

Justin Cauley Yes

Bob Connor Yes

Scott Fremont Yes

Sean Healy Yes

Steve Hughes Yes

Morgan Jackson Yes

Alexis Jacobson Yes

Fernando Lagonell Yes

Allison Leavitt Yes

Deb Minnskey Yes

Jen Morrissey Yes

Claudia Moshiri Yes

Ken O’Brien Yes

Rich Roche Yes

Gabe Rodriguez Yes

Steve Schult Yes

Michael Symonanis Yes

Colin Yankee Yes

Recommendation 4: Intermodal Data Alignment

Tray Anderson Yea

Justin Cauley Yea

Bob Connor Yea

Scott Fremont Yea

Sean Healy Yea

Steve Hughes Yea

Morgan Jackson Yea

Alexis Jacobson Yea

Fernando Lagonell Yea

Allison Leavitt Yea

Deb Minnskey Yea

Jen Morrissey Yea

Claudia Moshiri Yea

Ken O’Brien Yea

Rich Roche Yea
Gabe Rodriguez Yea

Steve Schult Yea

Michael Symonanis Yea

Colin Yankee Yea