The National Industrial Transportation League (“NITL” or the “League”) and the Institute of Scrap Recycling Industries, Inc. (“ISRI”), collectively “Shippers’ Organizations”, hereby submit these comments addressing the issues raised in the Federal Maritime Commission’s (“FMC” or the “Commission”) rulemaking published in the Federal Register on September 21, 2022 concerning ocean carrier unreasonable refusals to deal or negotiate as to vessel space accommodations.
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The National Industrial Transportation League is pleased to submit its comments in response to the Federal Maritime Commission’s (“FMC” or “Commission”) Notice on a new data collection requirement included in the Ocean Shipping Reform Act of 2022 (“OSRA 2022”) concerning ocean vessel imports and exports to and from the United States. OSRA 2022 specifically requires the FMC to “publish on its website a calendar quarterly report that describes the total import and export tonnage and the total loaded and empty 20-foot equivalent units per vessel (making port in the United States, including any territory or possession of the United States) operated by each ocean common carrier covered under this chapter.” 46 U.S.C. § 41110. The requirement excludes “public disclosure of any confidential or proprietary data.” Id.
NITL applauds the Biden Administration, the Unions and the Railroads for working hard to complete the negotiations before a rail strike would occur on Sept. 16, 2022.
On behalf the National Industrial Transportation League (NITL) – who’s members represent billions of dollars freight movements to our nation’s economy, urges Congress to intervene to avoid a freight rail labor strike or work stoppage. NITL’s members are already feeling the impact of a possible strike as discussed in the attached letter.
NITL appreciates the continued commitment of Leaders Schumer, McConnell, Pelosi, and McCarthy to keep our nation’s economy moving forward and help avoid any further disruptions in our nation’s supply chain.
NITL Opposes Saturday, Sunday and Holidays to Count as Free Time – No Response Received as Aug. 18th
The National Industrial Transportation League (NITL), urge Maher Terminals LLC (Maher) to reconsider its decision to count Saturdays and Holidays towards free time and impose a new tariff, to address the continued, severe empty containers problem at the NY/NJ Ports.
Washington, DC, August 1, 2022. The National Industrial Transportation League (NITL or League), the nation’s oldest trade association representing US businesses that rely on freight transportation systems to ship their industrial materials domestically and internationally supports proposed legislation that would repeal ocean carrier anti-trust immunity. NITL thanks Rep. Jim Costa’s (D-CA-16) for introducing H.R. 6864, the Ocean Shipping Antitrust Enforcement Act, which would protect US businesses by ensuring that ocean carriers are subject fully to US antitrust laws.
July 27, 2022, The situation at the New York (NY) and New Jersey (NJ) Ports is at a crisis level. Carriers and terminals are not accepting the return of thousands of empty containers which are mostly sitting on draymen’s chassis cutting their capacity to minimal levels. This is adding enormous inefficiency and costs to the supply chain, and BCO’s are facing unreasonable chassis, storage, and detention fees.
“With so many disruptions in the supply chain, whether it be rail, ocean or highway, The League is very pleased to continue to work alongside the TCA to update these best practices guide,” said NITL Executive Director Nancy O’Liddy. “League members have long embraced these recommended practices, which enhance working relationships between shippers, brokers and carriers as they work to meet their mutual goals.”
When NITL members engage a non-asset-based entity to arrange truck transportation for their products, such as a broker or dispatching service, they have an interest in ensuring that the entity is a legitimate and financially sound business that will engage safe and efficient trucking companies to carry their freight.
NITL commends Congress for its prompt action in passing the Ocean Shipping Reform Act (OSRA) which will modernize our federal shipping law to address disruption to US companies’ supply chains that depend on competitive and efficient international ocean transportation services. NITL greatly appreciates the leadership of Congressmen John Garamendi and Dusty Johnson and Senators Klobuchar and Thune in spearheading the development of OSRA’s reforms. Under OSRA, the FMC will have better tools at its disposal to address global ocean carriers’ operating practices which have contributed to high inflation and supply chain disruptions experienced by NITL members and their customers. Specifically, OSRA seeks to address the challenges faced by importers and exporters in securing timely and adequate vessel space to deliver their goods to overseas markets, to obtain raw materials needed for manufacturing, and to stock retail store shelves, as well as rising costs for port and other delays that are beyond their control.
NITL was thrilled to have worked with the Congress and its industry partners in the development and passage of OSRA and looks forward to working with the FMC and all stakeholders on implementing OSRA’s reforms.
The Ocean Shipping Reform Act will:
- Prohibit ocean carriers from unreasonably refusing cargo space accommodations for U.S. exports and from discriminating against U.S. exporters.
- Promote transparency by requiring ocean common carriers to report to the FMC each calendar quarter on total import/export tonnage and twenty-foot equivalent units (loaded/empty) per vessel that makes port in the United States.
- Authorize the FMC to self-initiate investigations of ocean common carrier’s business practices and apply enforcement measures, as appropriate; and
- Establish new authority for the FMC to register shipping exchanges to improve the negotiation of service contracts.
2023 MEMBERSHIP DIRECTORY
