The Federal Maritime Commission (FMC) is investigating if the Ocean Carrier Equipment Management Association (OCEMA) and its members are complying with chassis provisioning orders previously issued.
This decision established the rights of shippers and truckers to choose chassis providers for merchant haulage in four major US markets.
The Commission initiated the non-adjudicatory investigation in response to reports that chassis providers in Los Angeles/Long Beach, Chicago, Memphis, and Savannah are not complying with a cease-and-desist order issued by the Commission on 13 February 2024, in Intermodal Motor Carriers Conference, American Trucking Associations, Inc. v. Ocean Carrier Equipment Management Association Inc, et. al.
The investigation will be conducted by the Commission’s Bureau of Enforcement, Investigations, and Compliance (BEIC) and will examine whether OCEMA and its members have altered their policies and practices as required by the cease-and-desist order.
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Non-adjudicatory investigations provide BEIC with subpoena powers as a discovery tool. Evidence of wrongdoing uncovered by BEIC may be used by the Commission to seek an injunction in federal district court.
BEIC can also use any evidence of wrongdoing to initiate its own enforcement action and seek civil penalties for non-compliance with a Commission order.
Earlier this year, the FMC issued new rules governing how common carriers and marine terminal operators (MTOs) must bill for demurrage and detention charges.
