The Federal Maritime Commission has opened a probe into whether ocean carriers are unfairly restricting the ability of truckers and shippers to choose chassis providers.
“The Commission seeks to determine whether ocean common carriers are using practices that directly or indirectly deprive truckers and shippers from negotiating and dealing with chassis providers,” the agency said in a posting to its website. “Any practices, whether through ocean common carrier association rules, service contracts, or other means, which unjustly or unreasonably restrict truckers and shippers from dealing with chassis providers may violate section 41102(c) of the Shipping Act.”
The Shipping Act regulates international ocean shipping to and from the United States.
The new probe revisits a contentious issue within the intermodal supply chain. The agency’s 2024 ruling in Intermodal Motor Carriers Conference v. OCEMA determined that it is unreasonable under section 41102(c) of the Shipping Act for regulations and practices to require motor carriers and shippers to use only the chassis provider designated by ocean common carriers.
“The FMC emphasized that carriers cannot rely on contract language to evade Shipping Act obligations or justify conduct that interferes with chassis choice, even when cargo moves under a service contract,” law firm Husch Blackwell said in a website post.