National Shipper Advisory Committee

Committee Meeting

Federal Maritime Commission Hearing Room

800 North Capitol St NW, Washington, DC 20573

April 27, 2022

Minutes

Introduction and Determination of Quorum

Dylan Richmond, the Designated Federal Officer, confirmed there was a quorum present and

that the Chair could move forward with the meeting.

Remarks from NSAC Leadership

Brian Bumpass, NSAC Chair, stated that he has seen good productivity from the subcommittees, 

and that because of their hard work two recommendations will be brought before the Committee

at this meeting for a vote.

Briefing by Commissioner Carl W. Bentzel on the Maritime Transportation Data Initiative

Commissioner Carl Bentzel provided an overview of the Maritime Transportation Data Initiative, 

which he is leading from the direction of Chairman Maffei. This initiative is to address 

disparities in data availability, access, and transparency within the supply chain. Commissioner 

Bentzel and his team have held regular meetings since December 2021, with participants

representing all parts of the international ocean supply chain. Commissioner Bentzel noted that 

participants have discussed problems related to data gaps, data delivery and dissemination, and 

data accuracy. Participants have reported that ocean carriers and marine terminals often have 

good data, but that there are discrepancies in the data provided to various parties. Commissioner 

Bentzel announced that there will be a data summit in June where he will convene stakeholders 

to engage on initial FMC work products around data definitions and data transmission standards.

The Commissioner expressed his opinion that the Federal Maritime Commission has jurisdiction 

over the movement of ocean freight through the whole bill of lading. He also stated that the FMC 

wants to hear the advice of NSAC members, as he emphasized the FMC’s desire to harmonize

the systems already in place rather than recreating the wheel. 

Commissioner Bentzel engaged with NSAC members in a Q&A session following his formal 

remarks. Committee members asked about data quality and accuracy, possible outcomes for this 

work, and whether other countries are also looking into these issues. Commissioner Bentzel 

stated that he believes everyone in the supply chain stands to gain from better data.

Data Subcommittee Discussion

The Data Subcommittee Chair, Gabriel Rodriguez, stated that their discussions have focused on 

three main ideas: creating a “daily diary” of transactions for a container’s status along its entire
journey; formulating a national strategy and creating a single entity accountable for coordinating 

information from various agencies that can report back and provide better alignment and aid in 

future strategy development; and, finally, developing an ocean shipper’s bill of rights which 

would set minimum requirements to shippers from ocean carriers and MTOs. 

Subcommittee members agreed there is a need to ensure data is provided and received within a 

reasonable time frame to allow actors to react to the information. One member suggested the 

subcommittee consider a broader ocean transportation bill of rights that encompasses a minimum 

commitment by all parties. This idea was supported by the NSAC Vice Chair who reiterated that 

every organization is part of a whole supply chain. The NSAC Chair reiterated the need to focus 

on objective thinking and to consider both the carrier’s and shipper’s perspectives. Other 

members stated that there is a necessity to ensure any data is retrieved from the right source for 

each point along the supply chain—the carrier is not always the entity moving the container from 

start to finish. 

Creation of a Chassis Subcommittee

The NSAC Chair proposed the creation of a third subcommittee to discuss another important 

subject to members: chassis availability and efficiency in use. He also suggested this 

subcommittee could focus on developing best practices for the use of chassis for the broader 

shipping community. Members discussed how chassis represent a gray area on data visibility, 

and how freight appears to move more rapidly in Asia and Europe where chassis are more 

closely tied to the truckers. It was suggested that these models could inform a path forward for 

the U.S. The NSAC Vice Chair brought up the view that there are regional differences in how 

chassis are handled and there is no cookie cutter response. 

Fees and Surcharges Subcommittee Discussion and Proposed Recommendations

The Fees and Surcharges Subcommittee Chair, Rich Roche, provided an overview of the topics 

from the subcommittee that are being brought to a vote before the full Committee. 

Port or Terminal Imposed Excess Dwell Fees

Committee members contended that that currently there is no proper oversight of dwell fees, 

particularly ones that had been announced in recent months at ports and terminals along the U.S. 

West Coast. While members stated that some of these fees may have been used merely as a 

threat, others said these fees are now being added into ports’ and terminals’ tariffs. The 

subcommittee brought forth a recommendation for the FMC to codify regulation in concert with 

the Interpretive Rule incentivizing the movement of cargo that prohibits any unreasonable 

application of charges on containers for Dwell Fees, while shifting the burden of proof to vessel 

operators and/or marine terminals and strengthening requirements for proper dispute resolution. 

Members believe this is reasonable given that these fees are assessed to the shipper without 

regard to the cause, when in many cases it may be out of the shippers’ control. 

The full committee discussed the issue and agreed these fees are largely not helpful to moving 

cargo. After discussion by the full Committee, the NSAC Chair indicated that the Committee 
was ready to vote on the proposed recommendation, and the DFO asked members for their votes 

via roll call. Members voted unanimously in favor of the proposal. A list of members in 

attendance and their vote on the proposal can be found at the end of these minutes.

Oversight of Intermodal Cargo

The Subcommittee Chair put forth the recommendation that the FMC make a formal declaration

of their oversight on intermodal shipments with an ocean bill of lading, in particular intermodal 

cargo that moves via rail. Members argued this would allow rail issues to be adjudicated when

there is currently no avenue for redress by shippers. These could result in millions of dollars of 

fees due to no fault of the shippers. The NSAC Chair stated that this recommendation will go a 

long way in removing ambiguity around rail transportation of freight and allow the interpretive 

rule to cover the entire container move. 

After discussion by the full Committee, the NSAC Chair indicated that the Committee was ready 

to vote on the proposed recommendation, and the DFO asked members for their votes via roll 

call. Members voted unanimously in favor of the proposal. A list of members in attendance and 

their vote on the proposal can be found at the end of these minutes.

Following the approval of the Committee on the two recommendations, the DFO stated that the 

recommendations will be formally submitted to the Commission once he receives a letter from 

the NSAC Chair with the final versions of the recommendations. Upon receipt by the DFO and 

subsequent transfer to the Commission, the Commission will provide a formal response on each 

recommendation within 60 days.

Following the meeting, these recommendations were formally transmitted to the Commission on 

May 6, 2022. The Commission will provide its response within 60 days of that transmission date.

Closing Remarks

The NSAC Chair recommended that future efforts be focused on the subcommittee meetings. He

put forward the idea of holding full committee meetings at less frequent intervals of every three 

months to reduce travel and associated costs. The members agreed to this proposal. 

The Vice Chair underscored the value of in-person meetings given the importance of the matters 

under discussions. He also re-emphasized the importance of hearing from the broader shipping 

community. 

Recommendation Voting Roll

Recommendation 1: Review of Port Imposed or Terminal Imposed Excess Dwell Fees as to 

whether payment of such charges can be extended to the account of the cargo

Yes-19

Michael Brock

Justin Cauley

Bob Connor
Chris Crutchfield

Scott Fremont

Sean Healy

Steven Hughes

Alexis Jacobson

Fernando Lagonell

Alison Leavitt

Daniel Miller

Debb Minskey

Jennifer Morrissey

Kenneth O’Brien

Adnan Qadri

Richard Roche

Gabriel Rodriguez

Mike Symonanis, NSAC Vice Chair

Brian Bumpass, NSAC Chair

No-0

Recommendation 2: Expanding the Scope of the Federal Maritime Commission to Include 

Oversight of rail Carriage and Related Charges for Through Bills of Lading

Yes-19

Michael Brock

Justin Cauley

Bob Connor

Chris Crutchfield

Scott Fremont

Sean Healy

Steven Hughes

Alexis Jacobson

Fernando Lagonell

Alison Leavitt

Daniel Miller

Debb Minskey

Jennifer Morrissey

Kenneth O’Brien

Adnan Qadri

Richard Roche

Gabriel Rodriguez

Mike Symonanis, NSAC Vice Chair

Brian Bumpass, NSAC Chair

No-0
Signed:

____________________________________________

Brian Bumpass

Chair

National Shipper Advisory Committee

August 2, 2022