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Coalition for Fair Port Practices for Rulemaking Agenda

Coalition for Fair Port Practices for Rulemaking Agenda

December 26, 2017

Update: Coalition for Fair Port Practices for Rulemaking Agenda

The Commission has determined to hold public hearings on January 16 and 17, 2018, to receive oral testimony concerning the Petition of the Coalition for Fair Port Practices for Rulemaking. The Commission has established the following order of presentation. Each panelist may make a five-minute presentation, which will be followed by questions from the Commissioners. This schedule is subject to change prior to the hearing date.

Day 1: Tuesday, January 16, 2018

Panel 1: Coalition Panel—10:00 a.m.

  • Karyn Booth, Esq., Partner, Thompson Hine, LLP
  • Nick DiMichael, Esq., Senior Counsel, Thompson Hine, LLP
  • Ms. Laura Crowe, Senior Director, Global Logistics, Walmart Stores
  • Mr. Don Pisano, President, American Coffee Corporation
  • Mr. Fred Johring, President, Golden State Express
  • Mr. Robert Leef, Senior Vice President, East Region, ContainerPort Group, Inc., representing the Association of Bi-State Motor Carriers

Panel 2: Shipper Panel—11:15 a.m.

  • Peter Friedmann, Esq., Executive Director, AgTC Agriculture Transportation
  • Steven Hughes, President/CEO of HCS International, representing the Auto Care Association
  • Mr. Sam J. Sorbello, President, Atlantic Coast Freezers, representing the Meat Import Council of America
  • Mr. Tim Avanzato, Lanca Sales, Inc.
  • Mr. Frans A. de Jong, President, R1 International (Americas) Inc.

Panel 3: Intermediary Panel—2:00 p.m.

  • Mr. Richard J. Roche, Vice President of International Transportation, Mohawk Global Logistics, and NVOCC Sub-Committee Chairman at NCBFAA
  • Mr. Charles Riley, Chairman, Board of Governors, New York New Jersey Foreign Freight Forwarders and Brokers Association, Inc. (NYNJFFF&BA), and Vice President, Steer Company
  • Ms. Jeanette Gioia, Vice President Exports, New York New Jersey Foreign Freight Forwarders and Brokers Association, Inc. (NYNJFFF&BA), and President, Serra International, Inc.
  • Cameron W. Roberts, Esq., representing Roberts & Kehagiaras LLP and the Foreign Trade Association
  • Mr. Joseph T. Quinn, President, Sefco Export Management Company, Inc.

Day 2: Wednesday, January 17, 2018

Panel 1: Drayage Panel—10:00 a.m.

  • Mr. Thomas J. Adamski, representing the New Jersey Motor Truck Association.
  • Mr. Alex Cherin, Executive Director, Englander, Knabe & Allen, representing the California Trucking Association Intermodal Conference
  • Mr. William J. Shea, CEO, Direct ChassisLink, Inc.

Panel 2: Ocean Carrier Panel—11:15 a.m.

  • Mr. Richard J. Craig, President and CEO, Mitsui O.S.K. Lines (America), Inc.
  • Mr. Paolo Magnani, Executive Vice President for Quality Control and Marketing, Mediterranean Shipping Company USA
  • Mr. Howard Finkel, Executive Vice President, COSCO Shipping Lines (North America), Inc.
  • John Butler, Esq., President and CEO, World Shipping Council

Panel 3: Ports and Terminals Panel—2:00 p.m.

  • Mr. Edward DeNike, President, SSA Containers
  • Mr. John E. Crowley, Jr., Executive Director, National Association of Waterfront Employers
  • Mr. John Atkins, President, GCT Bayone LP, representing the Port of New York/New Jersey Sustainable Terminal Services Agreement (PONYNJSSA)


Federal Register: November 20, 2017

Petition of the Coalition for Fair Port Practices for Rulemaking; Notice of Public Hearing and Request for Comments

The Federal Maritime Commission has filed a notice of hearing and request for comments. The Commission has determined to hold hearings on January 16 and 17, 2018 at 800 North Capitol Street NW., Washington, DC. The hearing will be open for public observation.

Request for appearance and comments are due by December 8, 2017 and addressed to: Rachel Dickon, Assistant Secretary, Federal Maritime Commission, 800 North Capitol St. NW., Room 1046, Washington, DC 20573-0001, Email:

The petition arose out of experiences of coalition members—importers, exporters, drayage providers, freight forwarders, customs brokers, and third-party logistics providers—with port congestion that ultimately led to vessel ocean common carrier (VOCC) and marine terminal operator (MTO) assessments of detention, demurrage, and per diem charges. The petition lists events over the preceding five years that led to port congestion including Hurricane Sandy (2012), harsh winter (2013-2014), west coast labor agreement (2014-2015), cargo diversions from west coast to east coast (2015), winter storms (2014-2015), port hiring practices protests—New York/New Jersey (June 2016), and the Hanjin bankruptcy (Fall 2016).

On December 20, 2016, the Commission published a notice in the Federal Register asking interested persons to submit views or arguments in reply to the Petition. The Commission received 115 responses, including comments from Members of Congress, trade and shipper associations representing various interests, individual importers, exporters, Start Printed Page 55105customs brokers, freight forwarders, logistics companies, trucking and drayage companies, VOCCs, port authorities, and MTOs.

The many responses to the Petition illustrate the complexity of issues surrounding ocean container shipping and marine terminal operations.
Given the importance of this issue, its complexity, and the public interest indicated by the number and quality of comments submitted in response to the Petition, the Commission will hold public hearings to further explore the issues raised by the Petition and address specific questions. Commentary and answers to these questions will be helpful to the Commission as it determines its next steps with regard to Petition P4-16.

The full notice filed in the federal register can be found here: