Petition for Review of Federal Maritime Commission’s Environmental Assessment and Finding of No Significant Impact (FMC-2022-0066)

This Petition for Review of the Commission’s Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) regarding Docket No. 2022-0066 is being submitted on behalf of the World Shipping Council (WSC) and the Pacific Merchant Shipping Association (PMSA).

WSC is a non-profit trade association that represents the liner shipping industry, which is comprised of operators of containerships and roll-on/roll-off (ro-ro) vessels (including vehicle carriers). Together, WSC’s members operate approximately 90 percent of the world’s liner vessel services including more than 5,000 ocean-going vessels of which approximately 1,500 vessels make more than 27,000 calls at ports in the United States each year.

PMSA is a non-profit regional trade association whose members include ocean carriers and marine terminal operators who conduct business at the public ports of California and Washington. PMSA members are engaged in the transpacific trades, domestic U.S.-flagged Jones Act commerce, and other maritime activities on the U.S. West Coast. PMSA operates from offices in Oakland, Long Beach and Seattle.

The Commission’s proposal to create an entirely new demurrage and detention billing framework will undermine and deviate from the “Incentive Principle” in existing law that creates financial incentives to move cargo promptly and efficiently. 3 Undermining the Incentive Principle would increase port congestion and thus air emissions and other potentially significant environmental impacts, especially in communities near ports. The Commission’s proposal will impact all U.S. ports and thus constitutes a major federal action.

Download the full petition here