National Shipper Advisory Committee

Committee Meeting

Brenntag North America Conference Center

August 10, 2022

1:00-4:00 pm Central Time

Meeting Minutes

Introduction and Determination of Quorum

Dylan Richmond, Designated Federal Officer (DFO), welcomed participants and thanked Brian 

Bumpass, NSAC Chair, and Brenntag North America, Inc., for hosting this and the 

subcommittee meetings from the prior day. He announced that alternate DFOs had been named 

for the committee, Jeremy Lutes and Jason Guthrie. After those remarks, he confirmed that a 

quorum of members was present and allowed the meeting to proceed.

Remarks from NSAC Leadership

Brian Bumpass, NSAC Chair, welcomed participants and addressed the FMC responses to the 

Committee’s prior recommendations. He stated that the FMC agreed with the Committee’s 

recommendation that dwell fees fall under the language of interpretive rule. Regarding the 

second recommendation, he noted the FMC also agreed of oversight on rail for containers with a 

through bill of lading.

Michael Symonanis, Vice Chair, thanked everyone for all their work since the last meeting. 

Fees/Surcharges Subcommittee Discussion and Proposed Recommendations

Members reviewed a recommendation from the Fees & Surcharges subcommittee on Earliest 

Return Dates (ERDs). That recommendation had been published on the NSAC’s webpage with 

the original Federal Register announcement. During the discussion, some members proposed 

additional language for review to be included in the recommendation. Members agreed to use the 

phrase “at time of motion” to describe the appropriate ERD used in the calculation, assessment, 

and billing of detention and demurrage to exporters. All changes and updates were reviewed and 

voted on by the Committee and are noted below (changes and additions are shown in bold). 

1. We recommend the Federal Maritime Commission investigate the ocean carrier 

practice of charging exporters with demurrage or detention fees for early return of cargo, 

or late delivery of cargo, when the Cargo Receiving Window (Early Return Date (ERD) 

Documentation Cutoff Date, and Physical Cargo Cutoff Date) is changed without 

reasonable notice for cargo that is already in the process of or is delivered to pier within 

the ERD at time of motion.

2. Additionally, we recommend the Federal Maritime Commission prohibit Marine 

Terminal Operators from invoicing shippers directly for detention and demurrage 

that is not compliant with carriers’ ERD at time of motion.
3. It is our recommendation that all ocean carriers are required to provide an early return 

date on all booking confirmations and Marine Terminal Operators bill carriers 

directly for demurrage accrued as a result of vessel schedule disruption. 

4. We recommend that ocean carriers should be required to internally audit all 

demurrage/detention invoices for errors before sending out. They must consider 

scenario’s where empty containers are pulled for export, and then booking is rolled by 

ocean carriers due to vessel delay. Another scenario is where export returns a loaded 

container within the ERD dates, and carrier rolls their vessel causing demurrage at inland 

rail, container yard, or port of export. These scenarios should not be billed to the exporter 

of record if received within ERD at time in motion if returned to.

5. Additionally, we recommend the Federal Maritime Commission prohibit Marine 

Terminal Operators from invoicing shippers directly for detention and demurrage 

and require carriers to pass through appropriate D&D to shippers that is compliant 

with the published ERD at time of motion. 

6. Finally, we recommend The Commission require carriers to provide shippers with 

booking receiving window updates no later than 3 working days prior to the most 

recent empty container pickup date from the booking confirmation, so shippers 

have adequate time to react.

7. For these reasons, we, as the unified National Shipper Advisory Committee, hereby 

recommend that the Federal Maritime Commission codify regulation in concert with the 

Interpretive Rule that prohibits any unreasonable application of charges on containers for 

Early Return Dates (ERD) changes, documentation cut dates, and cargo cut dates while 

shifting the burden of proof to vessel operators and strengthening requirements for 

reasonable and timely dispute resolution.

The Committee took three votes on the above recommendations: the first on updated verbiage 

shown in points 1-3, the second on updated verbiage to shown in points 4-7. Once the updated 

language was included in the draft recommendation, the Committee voted to approve the 

recommendation as written. All votes were unanimously in favor.

Data/Visibility Subcommittee Discussion and Proposed Recommendations

The Data and Visibility subcommittee brought forward two recommendations for review by the 

full Committee. First, the group proposed a recommendation that the FMC establish a new 

National Ocean Carrier Advisory Committee, within 120 days. This proposed Committee was 

proposed in the FMC’s Fact Finding 29 report. The Committee unanimously approved this 

recommendation.

Next, the Committee discussed a potential recommendation to request the FMC “to initiate

rulemaking to establish a uniform cargo receiving window (CRW) timelines and cutoffs for all 
vessels service alliances and sharing agreements – Early Return Date, and Dry, Refrigerated and 

Dangerous Goods (DG) Documentation and Physical Cargo Cutoff – for same vessel, vessel 

service and port of loading within ninety (90) days.”

One member asked if the goal of this recommendation were to provide guidance on exactly how 

carriers should make suggested changes to these cutoff windows, and whether this proposal 

would cover imports. Members of the subcommittee stated this proposal was not meant to 

provide exact guidance for carriers, and that the recommendation as drafted was only concerned

with exports. Another member stated that the main purpose of the recommendation was an

attempt to align ERD and the last return date among carriers on the same vessel.

A member then questioned whether additional time should be taken by the subcommittee to 

consider the importers’ points of view to avoid the need to propose an additional 

recommendation. Several members agreed with this view that the Committee represents 

importers and exports, and that their recommendations should reflect this. Another member

asked whether this recommendation could be approved as is, and an amendment to this 

recommendation provided at a later meeting.

After the Committee concluded discussion on this item, they opened it up to members of the 

public for their comment. Siddharth Jairai of TVS Supply Chain Solutions, stated that import 

volume into the U.S. is bigger than exports, and this represents a big detention and demurrage 

issue for importers. 

Ultimately, the Committee decided to table this recommendation for further discussion and did 

not vote on this item to send to the Commission for their consideration. 

Other Discussion

The Committee Chair brought up the possible creation of a third subcommittee to discuss chassis 

and their impacts on shippers. A few members volunteered to serve on this subcommittee during 

the meeting. The Chair asked other members to email him, the Vice Chair, and the DFO of their

interest in taking part in this subcommittee, so that it could get underway. 

Summary of Written Comments from the Public

No written public comments were received.

Closing Remarks

Members discussed the next meeting of the Committee, and suggested December 8 in 

Washington, D.C. The DFO stated this date will need to be reviewed and confirmed by the 

Commission and that he would follow up with the Committee. 

The Committee Vice Chair asked if the Committee could host outside members of private 

industry or other government agencies to discuss progress on similar recommendations coming 
from other committees or give presentations on topics relevant to the discussions had by this 

Committee. The DFO stated this would be possible.

Adjournment

Once all items on the agenda had been discussed, the DFO adjourned the meeting.

Recommendation Voting Roll

Recommendation 1: Recommendation regarding regulations on Early Return Dates

Yes-18

Justin Cauley

Bob Connor

Chris Crutchfield

Tony DeBower

Rick DiMaio

Steven Hughes

Alexis Jacobson

Alison Leavitt

Peter Mento

Daniel Miller

Debb Minskey

Jennifer Morrissey

Adnan Qadri

Richard Roche

Gabriel Rodriguez

Steve Schult

Mike Symonanis, NSAC Vice Chair

Brian Bumpass, NSAC Chair

No-0

Recommendation 2: Recommendation regarding the initiation of an Ocean Carrier Advisory 

Committee

Yes-18

Justin Cauley

Bob Connor

Chris Crutchfield

Tony DeBower

Rick DiMaio

Steven Hughes

Alexis Jacobson

Alison Leavitt

Peter Mento

Daniel Miller

Debb Minskey
Jennifer Morrissey

Adnan Qadri

Richard Roche

Gabriel Rodriguez

Steve Schult

Mike Symonanis, NSAC Vice Chair

Brian Bumpass, NSAC Chair

No-0