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National Shipper Advisory Committee pushes for broader input on refusal-to-deal rulemaking and faster data standards adoption
Summary
At a Tacoma meeting, the Federal Maritime Commission’s National Shipper Advisory Committee (NSAC) reviewed subcommittee work on fees, data standards, chassis implementation and port best practices, and urged more shipper engagement on the FMC’s ongoing refusal‑to‑deal rulemaking and data transparency efforts.
The National Shipper Advisory Committee met in Tacoma and urged broader industry participation in several ongoing Federal Maritime Commission processes, including the supplemental rulemaking on ‘‘refusal to deal’’ and efforts to standardize vessel and shipment data.
Dylan Richmond, the committee’s Designated Federal Officer for the Federal Maritime Commission, opened the meeting by reviewing NSAC’s congressional charge to advise the FMC and by reminding members of antitrust and public‑meeting rules. Richmond confirmed a quorum and set an agenda that prioritized subcommittee updates and time for public comment.
Subcommittee chairs reported progress and remaining challenges. The fees and surcharges subcommittee said it has produced four recommendations and one commentary addressing jurisdictional questions such as rail storage charges, excess dwell fees and early receipt dates, but that industry behavior has not fully changed without regulatory fixes. The chair praised recent FMC actions, including the carrier automated tariff final rule and the DND billing final rule, as steps forward but said there remains more to do.
The data and visibility subcommittee highlighted a set of alignment recommendations — container, intermodal and shipment‑level — covering roughly 50 data points, and noted a pending MTDI (data vehicle) and a request for information with 25 additional questions due June 17. The subcommittee said many efforts depend on parallel work by standards bodies and carriers; several carriers have begun implementing commercial‑schedules APIs, which the subcommittee said could materially improve downstream visibility once ports and terminals align.
The chassis subcommittee reported it paused while an FMC case was pending; after the commission’s finding the group is engaging with the American Association of Railroads and commercial parties to clarify how the ruling will be implemented operationally.
Members agreed to form a working group to review the FMC’s supplemental rulemaking on ‘‘refusal to deal,’’ which the committee described as a priority. Committee members noted that the public docket had seen only about 26 organizations file comments on the supplemental NPRM and urged smaller shippers and industry groups to provide input so NSAC can offer informed feedback to the commission when the rule text is finalized.
Public commenters underscored the same themes. Peter Fredman of the Agriculture Transportation Coalition introduced Tony Rin of the Digital Container Association, who said eight of nine major carriers plan to implement a commercial‑schedules API in the coming weeks and that broad industry adoption could substantially improve schedule interoperability by year‑end. "This year we expect there’s going to be a significant difference in the interoperability of the ability to exchange that data," Tony said.
Lori Filmer of BASC International urged regulatory attention to carriers’ shift away from publicly available, 30‑day tariff practices toward dynamic, spot online pricing. Filmer said that dynamic pricing and spot booking can leave many shippers without accessible, stable tariff rates and termed the practice a constructive refusal to deal: "Carriers have really decided that they no longer want to publish tariffs that have the purpose of providing rates and access to commercial carriage," she said.
Committee leaders reiterated that NSAC serves as a conduit for shipper perspectives to the FMC and encouraged both public and confidential submissions through the NSAC page on the FMC website. Members also requested that the FMC publish clear FAQs and implementation guidance for the DND final billing rule and the new data elements approved by OMB to reduce industry confusion.
The meeting ended without formal motions or votes and was adjourned after public comment. The committee plans to continue work through the remainder of its term and to reconvene subcommittees and working groups as related agency actions progress.
