Contents
For the avoidance of doubt, if an Exchange occurs after the Corporation makes the Early Termination Payments with respect to all Members, the Corporation shall have no obligations under this Agreement with respect to such Exchange, and its only obligations under this Agreement in such case shall be its obligations to all Members under Section 4.03. 398.See Final Report at 17 (“The Phase Two respondents generally agreed that cargo interests seeking a demurrage waiver or free time extension should substantiate their arguments with corroborating documentation and that having guidelines could resolve disputes more efficiently.”). Merchant Shipping Ass’n at 13-15; WSC at 17 (“The Commission’s interpretation of reasonable billing practices would require separate invoices by MTOs and carriers.”). 3 U.S.M.C. at 96; id. at 99 (“As regarding either commodity, the sampling is not an operation required in connection with delivery by the carriers. Therefore, it can provide no valid ground to contend that free time allowed is unjust or unreasonable.”). 315.NYI, 3 U.S.M.C. at 96, 99; id. at 101 (holding that “the carriers, in determining the duration of free time, are not obliged to take account of delays in the removal of cargo which arise from the causes hereinabove discussed.”). PMSA at (noting that few industry players use push notifications because existing technology does not accommodate them.”); PONYNJSSA (“he NPRM suggests that if such a system does not `push’ relevant information, then such a system might not be considered a reasonable notice of cargo availability.”).
Interim Report at 16 (“The VOCC’s tariff rates and practices may also directly pass through or refer to those of the relevant port authority’s or MTO’s schedule.”). 117.E.g., Ports Am. At 4 (“There is no showing in the Commission’s fact-finding or rationale expressed for the proposed rule that suggests this is a material problem in the industry. This is demonstrated conclusively by the virtually total absence of Commission complaint proceedings for many decades.”). V. CFTC, 720 F.3d 370, 381 (D.C. Cir. 2013) (noting that guidance in form of a seven-factor test was not subject to the APA’s notice-and-comment provision). Coalition for Fair Port Practices Petition for Rulemaking, FMC No. A (Dec. 7, 2016) (Pet. P4-16).
- PMSA at (noting that few industry players use push notifications because existing technology does not accommodate them.”); PONYNJSSA (“he NPRM suggests that if such a system does not `push’ relevant information, then such a system might not be considered a reasonable notice of cargo availability.”).
- But nothing in the rule changes the burden of proof.
- In the first phase of the investigation, the Fact Finding Officer obtained information and documents from twenty-three ocean carriers and forty-four marine terminal operators and operating ports, as well as importers, exporters, truckers, and intermediaries.
Although the Commission refers to its guidance as an interpretive rule, whether it is an “interpretive rule” or “general statement of policy” within the meaning of the APA is not relevant to WSC’s argument that the rule is legislative. Approximately 60 commenters expressly supported the proposed guidance, and another 20 commenters supported the proposed guidance implicitly or in part. In promulgating this final rule and as discussed below, the Commission has considered all comments filed on or before the comment deadline of October 31, 2019, as well as all comments filed between November 1, 2019 and March 31, 2020.
Trade Adjustment Assistance
It follows, then, that revenue from demurrage charges should reflect reasonable financial incentives to advance the overarching purpose of demurrage and that revenue is not itself the purpose.” Second, transparency and mutual accountability by both rail carriers and the shippers and receivers they serve are important factors in the establishment and administration of reasonable demurrage and accessorial rules and charges. For instance, SSA Marine Inc. points out that “equiring that demurrage be waived when a terminal fails to provide appointments is not a panacea to solve congestion.” The Commission is not attempting, however, to provide a panacea; rather it is providing Forex.com Broker Review guidance in an effort to ensure that marine terminal operator and ocean carrier practices involving demurrage and detention are reasonable. Demurrage and detention policies. The Commission may consider in the reasonableness analysis the existence, accessibility, content, and clarity of policies implementing demurrage and detention practices and regulations, including dispute resolution policies and practices and regulations regarding demurrage and detention billing. In assessing dispute resolution policies, the Commission may further consider the extent to which they contain information about points of contact, timeframes, and corroboration requirements.
For similar reasons, while the Commission will consider in the reasonableness analysis how demurrage and detention practices address interruptions in availability during free time, requiring specific “stop-the-clock” procedures is beyond the scope of this rulemaking. The Commission is sympathetic to shipper, intermediary, and trucker arguments that bright line rules will be more beneficial to them and would be clearer than the Commission’s factor-based approach. But imposing bright line rules could inhibit the development of better solutions. Once free time expires, however, the first of these legal principles drops away because the transportation obligation of the carrier has ended. At that point, ocean carriers can, and should, charge demurrage.
There was significant support for the Commission’s guidance from shippers, truckers, and intermediaries, and the Commission will include the language on container availability from the proposed rule in the final rule. A number of commenters request bright line rules. For instance, several commenters argue that free time should not start until a container is available, and that starting free time before availability should be deemed an unreasonable practice. Others assert that free time and demurrage and Forex.com Forex Broker Review detention clocks should stop when containers become non-accessible due to situations beyond the control of shipper or trucker. Still others request that the Commission define “container availability,” that the Commission expressly address things like terminal hours of operation vis-à-vis free time, appointment systems, and that the concept of availability should include chassis availability. Nor does the Shipping Act necessarily require common carriers to apply all tariffed charges without exception.
Option B is the most popular option among the shipper, intermediary, and trucker commenters. This option is essentially a restatement of the general incentive principle. As explained in the NPRM, it makes sense that if free time represents a reasonable opportunity for a shipper to retrieve a container, it should be tied, to the extent possible, to cargo availability, and the Commission recognizes the merits of that approach. But the Commission will not in this general interpretive rule make a finding that failure to start free time upon “availability” is necessarily unreasonable. The operational environments and commercial conditions at terminals across the country vary significantly, and in some situations, there might not be much difference between tying free time to vessel discharge and tying it to availability.
List of Subjects in 46 CFR Part 545
If the Customer increases the capability or the capacity of the Facility to exceed 4.999 MW, this Agreement shall immediately terminate. The Company shall not be liable to the Customer for damages resulting from a termination pursuant to this paragraph. If the Customer’s generating equipment produces zero kilowatt-hours during any period of twelve consecutive Billing Periods after the Commercial Operation Date, the Company may terminate this Agreement.
Second, under the rule, the Commission may consider the extent to which a shipper complies with its customary responsibilities. These responsibilities include things like submitting complete, accurate, and timely paperwork. The second category of policy-related comments relate to the specificity of the rule.
F. Cargo Availability
When a few single slots open up, everyone scrambles to get there with empties, quickly closing the yard down again. When property lies at rest on a pier after free time has expired, and consignees, through reasons beyond their control, are unable to remove it, the penal element of demurrage charges assessed against such property has no effect in accelerating clearance of the pier. To the extent that such charges are—penal, i.e., in excess of a compensatory level—they are a useless and consequently unjust burden upon consignees, and a source of unearned revenue to carriers.
Intermediaries Ass’n at 5. OCEMA at 6 (“As noted in the NPRM, OCEMA has encouraged its members to publish their demurrage and detention policies and related dispute resolution processes either directly or via link on the OCEMA website.”). Final Report at 18-20, 27-28; Interim Report at 9, 18; AxiTrader Forex Broker: Introduction 84 FR at (“The more these factors align with the goal of moving cargo off terminal property, the less likely demurrage practices would be found unreasonable.”). Mohawk Global Logistics at 7; S. Truckers likely have commercial and other incentives to return equipment in a timely fashion.
Immigration & Border Control
WSC at 17 (“In addition, the Commission does not acknowledge or address the fact-specific nature of all dispute resolution policies, which are created by each individual carrier.”). CV Int’l at 2 (“Accelerated D/D charges should not be permitted for cargo under government hold.”); Meat Import Council of Am. At 3; John S. Connor Global Logistics at 5 (“e do not believe it is appropriate for the carriers and/or MTO operators to escalate charges (i.e., impose penalty demurrage) in these situations.”). 135.E.g., Int’l Fed. of Freight Forwarders Ass’ns at 10 (“FIATA would appreciate guidance on fair and reasonable free periods that are in line with market developments of higher peaks.”) cf. John S. Connor Global Logistics at 3 (“Further to this understanding of availability, there must be a clear and consistent method for calculating Free Time” and “ll parties that provide Free Time should be utilizing the same method of calculation”); New Direx, Inc. (“ree time would not count on days when the terminal or rail yards are not open.”). Interpretation of Shipping Act of 1984—Unjust and unreasonable practices with respect to demurrage and detention.
Researchers objectively evaluated changes in lens densitometry in eyes with neovascular age-related macular degeneration treated with repeated intravitreal ranibizumab injections during a 12-month period, and compared the results with those in untreated healthy fellow eyes and healthy control eyes. Scientists found no significant difference in BSCVA at 24 months between DMEK and MT-DSAEK groups. Both techniques continued to demonstrate comparable outcomes for complication rates, endothelial cell loss and patient-reported vQoL scores. • Two additional graft rejection episodes were reported in the MT-DSAEK group between the one- and two-year follow-up periods, but this didn’t result in graft failure. Use the Secondary field on the Docket screen to record the number of hours and the hourly compensation rate code. This entry triggers expenditure calculations for arbitration awards and settlements on the Arbitration Statistics Report .
Please complete this reCAPTCHA to demonstrate that it’s you making the requests and not a robot. If you are having trouble seeing or completing this challenge, this page may help. If you continue to experience issues, you can contact JSTOR support. In fact, the UIIA provides a default dispute resolution process. WCMTOA insists that the NPRM “seeks to mandate the optimum level and type of notice for all terminal operators and carries in all circumstances.” WCMTOA at 11.
The Commission reiterated that ocean carriers were entitled to compensation for use of their piers during longshoremen’s strikes for cargo in demurrage when strike began and also allowed the assessment of demurrage after the end of a strike, despite post-strike congestion, on containers in demurrage when the strike began. NAWE at 6 (“Here, the NPRM would have the effect of shifting the burden of proof from a complaining shipper, receiver or motor carrier to the marine terminal operator, which would be required to overcome the presumption of unreasonableness effectively established by the NPRM and demonstrate the reasonableness of assessing the charge in that situation.”); Am. Ass’n of Port Authorities at 2; OCEMA at 2-3; WCMTOA at 5 n.2. Shippers, intermediary, and trucker commenters strongly support the rule’s emphasis on clear language. And those who otherwise opposed the Commission’s rule did not object to the principle that the definitions of terms used in demurrage and detention practices should be clear. To better reflect this emphasis on clarity, the Commission is including the term “clearly” in paragraph of the final rule.