Proposed Interpretive Rule on Demurrage and Detention Issued

The Commission is seeking public comment on a proposed interpretive rule on demurrage and detention under the Shipping Act.

This interpretive rule would provide the public with guidance about how the Commission assesses the reasonableness of demurrage and detention practices and regulations under the Shipping Act. The interpretive rule describes a non-exclusive list of factors the Commission may consider in evaluating claims and complaints that come before the agency under 46 U.S.C. 41102(c) and 46 C.F.R. 545.4(d).

The Commission voted last week to adopt Commissioner Rebecca Dye’s recommendations on Fact Finding 28. Her first recommendation was that the Commission issue guidance in the form of an interpretive rule.

Interested parties have until Thursday, October 17, 2019, to provide comments in response to the NPRM. The proposed rule contains specific guidance on how to submit comments. While the Commission will provide confidential treatment for identified confidential information to the extent allowed by law, comments are considered to be part of the public record.

Updated 9/16/19 to correct the CFR citation