USDOT’s MARAD makes $7.5 million in investments in nine Marine Highways projects; Michigan, Oregon, Kentucky, Louisiana among recipients

By Bruce Abbe, strategic advisor for trade and transportation

The U.S. Department of Transportation’s Maritime Administration (MARAD) announced last week that it has approved funding grants totaling $7.5 million for nine projects under its Marine Highway program, which aims to shift more freight from congested land highways to the nation’s navigable waterways.

Container on barge projects have been among a number of the public/private start-up efforts in recent years under the program.

Among the nine projects receiving funding in this round of the grant program were:

Michigan – Lake Erie Shuttle
The Port of Monroe, Michigan was awarded $1,101,735 to support the Lake Erie Shuttle Service, a project that aims to use existing vessels as a feeder service to move containers and freight between Monroe and the Port of Cleveland in Ohio, which offers regular service to Antwerp, Belgium through Spliethoff Shipping line. Cargo from the Ford Motor Company supports the project. The funding uses include purchasing and installing a crawler crane. Detroit and Buffalo might also be added to the shuttle’s rotation.

The Port of Monroe has also made steps to offer international shipping from its own facilities, but has run into difficulty getting service lined up from the U.S. Customs and Border Protection (CBP) agency’s offices in Detroit, according to Port Director Paul LaMarre III. He’s enlisted the support of Michigan U.S. Senator Gary Peters to unlock the service bottleneck.

Oregon – Port of Morrow
A grant of $1,623,200 was awarded to main sponsor Port of Morrow, located on the Columbia River in north central Oregon. The funds will be used to support expansion of barge services from the Port of Morrow to Portland, Oregon; and Vancouver, Washington and Longview, Washington. Two marine terminals will be expanded.

SSGA members United Grain and Scoular Company are among sizeable export shippers from the Columbia and Snake River basins. Here’s a link to information about the Port of Morrow’s grant.

Kentucky
Paducah and McCracken County, Kentucky were awarded $480,000 to support purchase or lease of transportation equipment at a Baton Rouge Facility to be used for loading and unloading containers on barges.

Louisiana
An existing container-on-barge service between Port Allen and New Orleans operated by SEACOR AMH was awarded $1,040,000 to expand its capabilities by purchasing six purpose-build barges and to leasing a towboat. The SEACOR service started in 2016. It has moved containers from Memphis, a container surplus area to Louisiana to support the rapidly growing resin export business. This was the fourth MARAD grant for the project.

The Journal of Commerce notes that over the last 30 years, efforts to launch container-on-barge services have often struggled to compete with intermodal rail. Yet the resin business has been growing quickly and may help provide some sustaining business at least in the southern Mississippi River barge corridor. Resin exports were up 31 percent through New Orleans and 57 percent through Houston in the first six months of 2019. SEACOR moved 50,000 TEU in 2018.

Go here for more details on the nine MARAD grant recipients.

Here’s a link to MARAD supported Marine Highway project descriptions.

Port of Portland puts toes back into container shipping waters

By Bruce Abbe, strategic advisor for trade and transportation

After a long and somewhat painful hiatus, the Port of Portland has gotten a modest but very welcome restart of container shipping service. Monday marked the first day that a container shipping vessel has called on the port since three ocean carrier lines pulled their service from the port in 2015-16 following four years of port labor strife.

An SM Line vessel was scheduled to drop off about 150 inbound containers and load exports for delivery to Asia on Monday. This week’s port call will be the first of a regular weekly service for Portland, which once serviced as many as 340,000 TEU (twenty-foot equivalent) containers.

SM Line, based in South Korea, is a relatively new ocean carrier that emerged after Hanjin, one of South Korea’s then-two major carriers, along with Hyundai (HMM). In fact, SM chartered ships that previously were Hanjin vessels. SM started with service calls between Los Angeles/Long Beach and north Asian ports. It announced over a year ago that it planned to add Pacific Northwest service.

Hanjin, Hapag-Lloyd, and Westwood Shipping stopped calling at Portland as of 2016, following a lengthy, costly dispute between the International Longshore and Warehouse Union Local 8 and the port’s terminal operator, ICTSI. The Port of Portland agreed to end ICTSI’s operating lease in 2017, and has been operating the port’s busy breakbulk and bulk shipping services since then, while working to bring back container service.

The weekly SM Line service will call at Portland, as well as Vancouver, B.C. and Seattle, to Chinese ports of Yantian, Ningbo, Shanghai, plus Pusan and Kwangyang, South Korea.

Portland used to regularly handle wheat, pulses and grain shipments that came via container-on-barge from Idaho and Eastern Washington on the Columbia River.

Go here for more information from the Journal of Commerce, and here from an earlier announcement from the Port of Portland.

Ag Shippers Workshop to zero in on latest developments in export container shipping

By Bruce Abbe, SSGA strategic advisor for trade and transportation

There are two big event days coming up early next month that Specialty Soya and Grains Alliance (SSGA) members and prospective members should take notice of and plan to attend.

The first is SSGA’s 2019 Annual Meeting on Dec. 3. It will feature two highly informative optional tours in the morning, followed by member planning meetings of SSGA’s three action teams, industry expert presentations plus the official member meeting and elections. Register here to attend SSGA’s 2019 Annual Meeting.

But don’t overlook the next day’s Ag Shippers Workshop. This year’s Minneapolis Ag Shippers Workshop, chiefly organized by the national Agriculture Transportation Coalition (AgTC) and co-sponsored by SSGA and the U.S. Department of Agriculture, will indeed be an information-packed, free flowing meeting featuring the latest updates on what is happening in global export container shipping from the inland U.S. It will also feature valuable discussion among shippers about the issues and strategies SSGA and AgTC should focus on.

The Dec. 4 Ag Shippers Workshop, one of seven AgTC is holding around the country, will be held at the same venue as the SSGA annual meeting – the Minneapolis Airport Marriott at 2020 American Blvd. East, in Bloomington, Minn.

Latest developments for the workshop include:

  • The ocean carriers session will feature senior executives for the Ocean Network Express (ONE) – the recently merged, large global service carrier made up of Japan’s three major container lines. ONE remains one of the most important carriers serving the Japan market and is important for many SSGA soybean and grain exporters.
  • Canadian Pacific (CP) Railroad will be sending at least one senior executive to share news about their North American rail system developments, including plans for expanding and improving service from CP’s Minneapolis container rail yard.
  • Informed discussion and information about the full range of other issues for shippers will also be held: the International Maritime Organization (IMO) low sulfur fuel mandate surcharges coming Jan. 1, the China/U.S. tariff war, new EU tariffs and other trade developments; free time penalties at the ports, rail, trucking and chassis issues and more.

If you or your business are involved in intermodal container shipping to reach and serve markets, this is a session you won’t want to miss this workshop. AgTC and SSGA members can register at a discount. Register here.

SSGA talks export logistics at JOC Inland Distribution Conference

The outlook for U.S. exports and export shipper logistics challenges were the central focus of a key panel of experts at the Inland Distribution Conference held Oct. 21-23 in Chicago. The Specialty Soya and Grains Alliance (SSGA) was represented on the exporter panel.

There was record turnout for this year’s annual event, which focused on inland intermodal container shipping hosted by the Journal of Commerce (JOC)/IHS Markit. JOC is the leading international intermodal shipping news media source covering global trade, ocean shipping, rail and trucking drayage transportation for importers and exporters.

SSGA Strategic Advisor for Trade and Transportation Bruce Abbe participated in a panel discussion on export obstacles and opportunities looking at how U.S. trade disputes, tariffs and reciprocal tariffs on goods to and from China and other trading partners are challenging U.S. exporters as well as importers. Scott Sigman, transportation and export lead for the Illinois Soybean Association; Sean Mulford, trader and broker for Agniel Commodities; and Don Lake, senior vice president, Enterprise Development for Dunavant Logistics Group, a division of major cotton exporter Dunavant, were the other panelists.

Container export outlook

The North American economic and freight outlook is slowing, in line with a slow down in the world economy, putting a damper on the outlook for increased trade and related transportation, Paul Bingham, IHS economist, told conference attendees, citing several economic indicators.

However, if a new trade deal between the U.S. and China is finally inked, that could lead to a sharp increase in exports, shipping and logistics demand that could strain the transportation infrastructure, exporter panelists said.

The pending Phase One partial trade agreement between the U.S. and China has not yet been announced in detail. If an agricultural trade deal is confirmed, that could well spur exports of several commodities. However, the main commodity to most benefit will likely be whole soybeans that are shipped in bulk vessels to China, as opposed to containers.

One potential game changer for container shipping, Abbe noted, would be if a deal is made that gets rid of China’s current high tariffs on U.S. dried distillers grains (DDGS). In 2015, DDGS accounted for nearly one half of all containerized grain exports from the U.S., and made for a natural backhaul for containers to China for use by consumer goods manufacturers. China’s 80 percent tariff in 2015 dried up DDGS exports to China. U.S. exporters have largely been successful in diversifying to other markets – albeit with a decline in prices. Reopening China’s potential big demand for DDGS, which the U.S. Grains Council is pushing for, could add a big demand resurgence for the feed commodity.

Sigman and Abbe noted the U.S. soybean exporters have been making steady progress in diversifying to other markets as well, notably to Southeast Asia’s growing population countries, but the China market is too large to replace in short order. Meanwhile, China has ramped up its ag commodity purchases from South America.

The panelist all agreed that the impact from African swine fever is having a dampening demand on soy and grain export demand in China, and a further threat if it spreads wider across Asia.

Mulford was blunt that the U.S. needs to get serious about improving our own export infrastructure, citing the deteriorating status of our locks, dams and barge shipping infrastructure in particular. He noted it’s a stark contrast to the rapid export infrastructure development under way now in the Black Sea region.

Lake had a different take from earlier presenter’s forecasts of flat global trade next year keeping a lid on shipping demand. If the scope of the trade deal that’s talked about comes through and spurs quick new demand from China, he said we could see some major logistics challenges occur that the shipping industry is not ready for.

Shipping Logistics

Panel moderator Mark Szarkonyi, executive editor of JOC, asked Abbe about the need for additional intermodal shipping locations in the inland – a consistent message that SSGA has brought to these circles.

Abbe noted there are serious intermodal development initiatives underway in Wisconsin and North Dakota at this time, along with rumored developments in the works in other locations that could improve capacity for exporters. He encouraged ocean carriers and railroads to take a serious look at these developments, with an eye to helping them work for all parties.

Worsening congestion around the main inland container yards, increased trucking costs, and periodic shortages of trucking options are driving forces behind the new inland intermodal development initiatives, he noted.

Abbe also encouraged carriers and railroads to be more open and work with shippers and forwarders on container repositioning programs to make equipment more available where it is needed by exporters.

Detention and demurrage penalties at ports and terminals is another hot issue that came up. Mulford said it consumes a huge amount of time to sort these penalties out. A current Federal Maritime Commission initiative pushing for clarity and consistency in these procedures to minimize unfair penalties is welcomed by shippers.

Slow grain exports impact U.S. rail, ocean freight demand

By Ron Sterk for World Grain

Grain shippers, for the most part, are experiencing improved rail freight performance and lower freight rates, due largely to reduced demand on the rail system. Ocean freight rates, meanwhile, have move higher despite reduced U.S. grain exports. And trucking volume, while not primarily for grain, has varied widely as the industry as suffered from excess capacity added in 2018.

“According to performance data from the Surface Transportation Board (STB), rail service has improved compared to earlier in the year and prior years,” the U.S. Department of Agriculture said in its Sept. 26 Grain Transportation Report. “Railroads have moved less grain compared to last year, and rates in the secondary auction market have been correspondingly low.”

Grain rail shipments peaked in mid-May and have remained below average since, with June, July and August shipments down 5% from the same months last year, the USDA said.

Year-to-date rail grain deliveries to ports for export totaled 277,492 carloads through Sept. 18, down 11% from the same period last year, although deliveries to specific ports showed mixed results. Grain deliveries to the Pacific Northwest at 187,540 carloads were down 23% from a year ago, reflecting reduced grain (mainly soybeans) exports to China, with shipments to Atlantic and East coast ports at 13,417 carloads, down 9%, to the Texas Gulf at 41,949 carloads, up 10%, and to the Mississippi Gulf at 34,586 carloads, up 116%.

While grain arrives at export terminals by barge, rail and a bit by truck, year-to-date total U.S. grain inspected for export (for respective marketing years per specific commodity) was 8,485,080 tonnes through Sept. 26, down about 8% from the same period a year earlier, according to USDA data. But the total was dragged down by sagging corn exports at 1,530,264 tonnes, down 66% from the prior year, while wheat exports were up 23% at 8,485,080 tonnes, sorghum was up 10-fold at 91,279 tonnes and soybeans were up 6% at 3,150,498 tonnes, despite the trade war with China.

The Association of American Railroads (AAR) reported total rail traffic during the week ended Sept. 28 was down 7.4% from the same week a year ago, with carloads at 250,450, down 7.9%, and intermodal at 278,886, down 6.9%. For the year to date as of Sept. 28, total rail traffic was down 3.9% from the same period last year, with carloads at 9,864,246, down 3.8%, and intermodal units at 10,389,926, down 4.1%.

Of the 10 carload segments tracked by the AAR, year-to-date volumes all were down from a year ago except petroleum and petroleum products, which was up 16.6% at 493,100 cars. The segments showing the largest declines from a year ago were coal at 3,059,671 carloads, down 6.9%, grain at 843,910 carloads, down 6%, and metallic ores and metals, at 861,004 carloads, down 5.6%. Despite continual declines, coal remains the heaviest rail user, claiming 31% of the non-intermodal shipments for the year to date (January-September).

“Lower quantities of rail freight for grain were generally correlated with lower rail rates, reflected in the secondary auction market for shuttle service,” the USDA said. “Average bids/offers for delivery of rail cars in May through September were lower than their respective months a year ago, especially in August and September. Trading for delivery of rail cars in October is around (minus) $170 per car (below tariff), down $700 per car from the prior three-year average.”

Meanwhile, rail service improved. Average September weekly grain train speeds were up 5% from March, were up 9% from September 2018 and were up 2% from the prior three-year average, according to S.T.B. data. Average weekly origin dwell times were down 53% from March, were down 37% from September 2018 and were down 28% from the three-year average. Unfilled grain car orders for manifest service were down 91% from their peak in April and were down 49% from September 2018.

“Overall performance on the network has remained strong during the past few weeks,” BNSF Railway said in a recent network update. “Velocity for both cars and trains is running at the highest levels since January. Terminal dwell has also been reduced to its lowest level since the start of the year. Operating teams are engaged in ongoing efforts to drive greater velocity and efficiency improvement as we move into the busy fall season.”

But grain shippers, like the railroads they use, haven’t been without headaches this year. Especially troublesome to both were track outages and other closures during the spring from rains and floods across large areas of the Midwest, from Arkansas and Oklahoma to Nebraska and Minnesota. While all or most of those outages have long returned to service, movement of grain, grain products and other commodities were delayed for days to weeks during the worst of the flooding.

One Kansas City grain merchandiser agreed that railroads were “running pretty well” since recovering from numerous outages from flooding earlier in the year.  However, he noted that, while rail rates have fluctuated, he saw them as up from a year ago after most railroads on average increased freight rates about $100 per car (5% to 7%) during the past summer, which he said is a typical annual occurrence.

Further, the Union Pacific Railroad’s conversion to Precision Scheduled Railroading (PSR) that began in October 2018, along with similar efforts by some other railroads (not BNSF), continues to bring “a lot of frustration” to grain shippers, a Kansas City merchandiser said. The STB continues to closely monitor performance, industry complaints and other issues specific to PSR to assess its impact on shippers.

“In 2019, railroads are facing multi-pronged challenges,” said John T. Gray, senior vice-president at AAR. “Fundamental long-term structural changes — including the continued erosion of coal markets; growth in the domestic intermodal and chemical sectors; and the current disruptions to manufacturing, agricultural and international intermodal markets stemming from trade uncertainty and the evolution of consumer purchasing practices — have all required adaptation and renewed focus on basic railroad management and operational principals. That said, the industry’s ultimate goal will remain what it’s always been: providing safe, cost-effective transportation that meets the evolving demands of our customers’ markets, now and in the future.”

Barge grain movement slower

The heavy rains and flooding also negatively affected barge traffic on Midwestern waterways.

“In late 2018 through mid-2019, floods and high water disrupted barge traffic on the Mississippi river and its tributaries,” the USDA said. “The high water resulted in large amounts of sediment deposited throughout the river system. Although the effects have not been as dramatic as those from the flooding, which entirely closed locks near St. Louis, they have complicated commerce on the inland waterways.”

Year-to-date to Sept. 21, downward tonnage of grain shipments on the Mississippi river system through the locking portion of the river was 19.5 million tons, down about 32% from the same period a year earlier, the USDA said. The largest reduction was in corn shipments at 9.1 million tons, down 50% from a year earlier. Meanwhile, the Federal Grain Inspection Service reported an average of 560 grain barges per week were unloaded in the New Orleans region, down 25% from 2018 and 23% below the prior five-year average.

The river system shipping disruptions resulted in higher barge freight rates, as reported by the USDA. Navigation restrictions slowed upbound barge traffic, which reduced the supply of barges and resulted in high shipping rates during periods of high demand. Conversely, at times the river disruptions reduced demand for barges, which resulted in lower rates.

Ocean freight rates higher

Ocean freight rates for bulk grain have trended higher since early February, after a brief dip in January, according to the USDA. Although grains exports have been down from a year ago, ocean freight rates have been driven higher by increased demand to ship coal and iron ore, in addition to China buying more soybeans from Brazil, which increase the length and time of vessel movement compared with shipments from the United States, especially from the Pacific Northwest. As of Sept. 19, shipping bulk grain from the U.S. Gulf to Japan cost $52.25 per tonne, up 38% from the first week of February, up 12% from the same week a year ago, and up 36% from the four-year average, according to USDA data. The cost of shipping grain from the Pacific Northwest to Japan was $29.50 per tonne, up 37% from February, up 16% from a year ago and 40% above the four-year average. Shipments from the U.S. Gulf to Europe were $21 per tonne, up 31% from February, up 5% from a year ago and up 24% from the four-year average.

Additional upward pressure on ocean freight rates has resulted from “slow rates of dry bulk fleet expansion caused by the International Maritime Organization’s (IMO) regulations on ballast water scheduled to take effect in January 2020,” the USDA said. Further, the IMO, under Annex VI of the International Convention for the Prevention of Pollution from Ships, has mandated that ocean-going vessels reduce the amount of sulfur emissions from marine fuel to 0.5% from 3.5% (by weight) by Jan. 1, 2020, which some have called “the biggest change in fuel regulations since the elimination of leaded gasoline,” the USDA said earlier this year. As with railroads and trucks, ocean carriers have begun adding fuel surcharges in contract negotiations.

“Importers in the eastbound trans-Pacific were warned Thursday (Sept. 26) by a large shippers association to expect at least a 9% increase in all-in freight costs next year after the IMO’s low-sulfur mandate takes effect,” the Journal of Commerce said in a recent report. “The bottom line is that carriers intend to be compensated for the higher fuel costs.”

While the IMO rules only apply directly to bunker fuel (used by ships), the low-sulfur fuel will draw from the middle-distillate fuels that are also used by surface carriers, “so prices for rail and trucking diesel will also increase,” the Journal of Commerce said.

Average on-highway diesel fuel prices as reported by the U.S. Energy Information Administration averaged $3.07 per gallon in the week ended Sept. 30, up 0.02¢ from the first of the year but down 0.25¢, or 7.5%, from the same week a year earlier. The weekly U.S. average diesel fuel price has been below the year-ago level since early May. The on-highway price is used by railroads and trucking companies to figure fuel surcharges, which are added to the freight rates paid by shippers of grain and other products. The August average railroad fuel surcharge was 14¢ per mile per rail car, down 2¢ from July and down 4¢ from August 2018, but up 6¢ from the prior three-year average for August. Fuel prices have the greatest impact on trucks, because of the small volume per load hauled relative to railroads.

Truck tonnage down in July

After climbing almost steadily each month from May 2017 through July 2018, truck tonnage has seen wide monthly swings, as reflected in the American Trucking Associations’ (ATA) seasonally adjusted Truck Tonnage Index, of which 2015 equals 100. The for-hire index dropped 3.2% in August after jumping 6.2% in July, with the August index equal to 118.3% of the base and the July index equal to 122.2%, the ATA said. The August index was up 4.1% from August 2018, and the index is up 4.3% January through August compared with the same period last year.

“Tonnage in 2019 has been on a rollercoaster ride, plagued with large monthly swings,” said Bob Costello, chief economist at the ATA. “The large swings continued in August, but the good news is the trend line is still up. While there is concern over economic growth, truck tonnage shows that it is unlikely that the economy is slipping into a recession. It is important to note that the ATA’s tonnage data is dominated by contract freight, which is performing significantly better than the plunge in spot market freight this year.”

Trucks account for large amounts of grain moved relatively short distances, compared with railroads that move grain between regions or to ports, barges that transport grain downriver to export ports and ocean vessels that move bulk or containerized shipments to foreign markets.

An ongoing frustration for the trucking industry has been a shortage of drivers. The ATA estimates that a 20,000-driver shortage in 2005 grew to 60,800 in 2018, up about 20% from 2017, is expected to dip slightly in late 2019 due to slower economic growth and a slight increase in driver supply but then increase to 160,000 by 2028 based on current trends.

“There are many reasons for the current driver shortage, but one of the largest factors is the relatively high average age of the existing workforce,” the ATA said in its Truck Driver Shortage Analysis 2019. “Additionally, the industry has historically struggled to attract all segments of the population.”

Just 6.6% of truck drivers in 2018 were women, little changed from 2001, the ATA noted, although 40.4% of drivers in 2018 were minorities, which was up sharply from 26.6% in 2001.

“Today, motor carriers struggle to find enough qualified drivers, which makes the impact of the shortage seem much worse,” the ATA said. “Many carriers, despite being short drivers, are highly selective in hiring drivers because they have made safety and professionalism high priorities.”

While the trucking industry may be struggling with a lack of drivers and excess capacity, the ATA said industry-wide revenue surged about 14% to $796.7 billion in 2018, in part due to higher rates implemented last year.

The that growth isn’t expected to be sustained, according to a Journal of Commerce report. Analysts at the recent Intermodal Association of North America’s annual meeting forecast “flat to low-single-digit growth” for trucking, intermodal rail and ocean shipping for the rest of this year and into 2020. Uncertainty from trade issues will continue to affect the economy and demand for shipping both agricultural and other products in coming months.

The trucking industry especially is dealing with capacity increases from strong demand in 2018. Smaller carriers increased capacity by 4% and large carriers by 2% last year, but so far this year smaller fleets have removed about half of the added capacity while large fleets have removed a small amount.

For agriculture, meanwhile, the focus now is on the fall row crop harvest, which comes amid considerable uncertainty for the export market that utilizes a combination of nearly all transportation modes. While the railroads appear poised to handle the harvest, and China recently has returned as a buyer of U.S. soybeans (for now), late maturing crops and consequently later harvest may consolidate the harvest period, likely putting additional pressure on transportation services.

SSGA helping to improve rural infrastructure

The Rebuild Rural Infrastructure Coalition is comprised of more than 250 organizations from across the country focused on rural communities and U.S. agricultural producers. The coalition is hosted and operated by the National Farm Credit Council, and is actively building consensus in Washington, DC, for action on rural infrastructure. The Specialty Soya and Grains Alliance (SSGA) met with the group to join in its activities.

Advocating for transportation infrastructure improvement to highways, bridges, railways, and port facilities is the most obvious need. Fifteen percent of the nation’s rural roads have pavements in poor condition with 21 percent in mediocre condition. Ten percent of bridges in rural communities are structurally deficient. SSGA is joining the coalition to bring focus to the needs of small business and farmers to connect with customers domestically and abroad.

“When everyone talks with pride about connecting the farm to the table, people forget that it’s the infrastructure that links it together,” says SSGA Executive Director Eric Wenberg. “Accomplishing action in agriculture requires bipartisan support and wide ranging coalitions. By joining Rebuild Rural, SSGA will connect with like-minded organizations and lend its assistance to the cause of helping rural communities.”

Rebuild Rural believes that federal resources can’t fill the entirety of the need and recognizes fulfilling the promise to rural residents requires creative solutions that pair federal, state, and local investment along with private sources of capital. This matches SSGA’s philosophy in transportation, working across the various parts of the supply chain to connect farmers with food manufacturers efficiently.

“SSGA is a trade association of business people like farmers, brokers, and transport companies who are part of the 15,000 jobs supported by each $1 billion in U.S. agricultural exports,” Wenberg says. “An SSGA member is a company that looked around at rural America and saw the wisdom of pursuing a value with the premium available for food grade specific variety commodities. They deserve respect, support, and a place at the table in national level decisions about what happens in our farm country.”

FMC extends public comment deadline period on interpretive rule for detention and demurrage penalties at the ports

By Bruce Abbe, SSGA strategic advisor for trade and transportation

The U.S. Federal Maritime Commission (FMC) announced on Sept. 20 it’s extending the deadline for public comments to be submitted on its proposed interpretive rule on how detention and demurrage penalties are handled by ocean container lines and port terminals.

The deadline for comments to the FMC is now Thursday, Oct. 31. View the proposed interpretive rule and find instructions on how to submit comments here.

The extension was made after shipper groups, notably the Agriculture Transportation Coalition (of which the Specialty Soya and Grains Alliance is an active member), called for more time to hear from cargo shippers due to the importance of establishing fair and appropriate practices for handling these penalties. Shippers and truckers have complained in recent years about being assessed penalties for delays due to conditions over which they had no control. That led to an 18-month investigation by the FMC that heard from all parties that resulted in the proposed interpretive rule. Detention and demurrage penalties are intended to incentivize container flow at the ports.

Meanwhile, CMA-CGM, one of the largest ocean container carriers in the world, decided to drop a processing fee for handling demurrage and detention penalties last week, only two days after it announced the fee. The $50 processing fee, which would have gone into effect Oct. 15, drew swift condemnation from shippers. More information on both developments can be found at www.joc.com.

FMC approves container availability recommendations

By Chris Gillis for Freight Waves

The U.S. Federal Maritime Commission on Sept. 6 unanimously approved a set of recommendations to bring about fairness in the way demurrage and detention fees are administered by ocean carriers and marine terminal operators against American shippers.

Commissioner Rebecca Dye delivered her recommendations to Chairman Michael Khouri and Commissioners Daniel Maffei and Louis Sola for their consideration and approval on Aug. 27.

“I would like to convey how deeply appreciative I am for all the support from my colleagues at the commission and the freight delivery system,” Dye said in an interview.

She particularly complimented the ocean carriers and marine terminal operators, as well as the numerous American importers and exporters, for their input throughout the year-and-a-half-long fact finding investigation. “I’m thrilled,” she said.

Demurrage pertains to the time an import container sits in a container terminal, with carriers responsible for collecting penalties on behalf of the marine terminals. Detention relates to shippers holding containers for too long outside the marine terminals.

In the past five years, shippers have become increasingly outspoken about the way these fees are assessed against them, often pointing out that they are financially penalized for industry events such as sudden marine terminal congestion, which are largely out of their control.

In December 2016, the Coalition for Fair Port Practices filed a petition with the FMC requesting regulatory action against unfair demurrage and detention fee assessments, which was followed by public hearings at the commission in early 2018. The FMC approved the initiation of the Fact Finding 28 investigation in the spring of 2018 and put Dye in charge.

Dye’s recommendations to bring clarity to the way these fees are assessed include:

  • Promoting standardized language for demurrage and detention.
  •  Simplifying the dispute resolution process and billing practices associated with the assessment of these fees.
  •  Providing guidance on what evidence is relevant to promptly resolving demurrage and detention disputes between shippers, ocean carriers and marine terminals.
  • Ensuring consistent industry notice for container availability and equipment returns.

To put these recommendations into practice, the FMC will soon publish a notice of proposed rulemaking to establish “interpretive” rules for addressing future demurrage and detention disputes brought before the commission by the industry. (An interpretive rule is an agency rule that clarifies or explains existing laws or regulations.)

Dye has remained transparent with the ocean shipping industry during the investigation. She has further emphasized in industry forums that more work lies ahead in remedying problems related to demurrage and detention assessments.

Among the recommendations approved by the commission will be the establishment of a shippers’ advisory board that will work with the commission on solutions to future container availability problems.

Dye recommended the formation of a shippers’ advisory board that will work with the commission on myriad issues.

In addition, Dye proposed continuing the FMC’s Memphis Supply Chain Innovation Team, which since 2016-17 has brought together shippers, ocean carriers and railroads to address the shortage of available chassis for containers arriving and departing the railhead in Memphis, TN.

“The Memphis team concluded that current chassis provisioning models are not keeping up with growing intermodal container demand and that change is necessary,” Dye said in testimony on May 22 before a Surface Transportation Board hearing focused on rail demurrage and detention.

She explained to the STB members how the Memphis team concluded that a gray chassis pool should be implemented for the Memphis rail hub.

“Major U.S. importers and exporters shared their stories of millions of dollars in inventory held up in congestion in Memphis, resulting from a lack of chassis,” Dye told the STB. “U.S. agricultural shippers believe that they cannot afford another season with current chassis issues.”

The FMC commissioners on Sept. 6 also approved Dye’s recommendation to continue the commission’s involvement with the Memphis team to implement a gray chassis pool.

SSGA taking steps with competitive shipping

By Bruce Abbe, SSGA strategic advisor for trade and transportation

As noted in previous editions of Member News Update, Specialty Soya and Grains Alliance’s (SSGA) structure provides that we will have action teams of members whose role is to recommend strategies for our organization to push for expanded intermodal and more competitive shipping options for our members nationwide. Initial steps have gotten underway to form SSGA’s Competitive Shipping action team.

An initial steering committee met Aug. 13 in Bloomington, Minn. to brainstorm next steps to form and activate this vital function for SSGA. Despite “Shipping” no longer being in the title of SSGA (as it was in the Midwest Shippers Association), advocating for more competitive global shipping for ag exporters remains every bit a priority for SSGA now as in the past.

Shipping action team members include: veteran John Andrusko, founder of Professional Export Services, Inc.; Lynn Vorvick, general manager of Globe Runners, Inc., a national Non Vessel Owning Common Carrier (NVOCC); SSGA board members Bob Sinner, president of SB&B Foods; Darwin Rader, international marketing manager for Zeeland Farm Services; SSGA Executive Director Eric Wenberg and SSGA Strategic Advisor Bruce Abbe.

Next Steps – Member Survey Coming
A survey will soon be going out to all of SSGA’s member to gather a more detailed picture about SSGA member’s global-to-local shipping patterns, and most importantly, to hear about issues in transportation you are experiencing and recommendations and ideas you may have for SSGA. While intermodal container shipping will likely remain the key focus of SSGA’s efforts, intermodal by its very nature encompasses ocean, rail and trucking/drayage issues.

We will want to learn about the ports both in the U.S. and overseas destinations our members ship to, markets our members serve, railroads most commonly used, how trucking issues are affecting you, any new markets and trade lanes you see yourself serving in the future. We hope to hear about any new intermodal developments or prospects you are aware of. We want to hear your recommendations about what SSGA should tackle for our organization and members that we can realistically do and provide that will be valuable to you.

Larger Action Team
A larger Competitive Shipping action team will eventually be formed with regular conference call meetings, and likely special group initiatives as the group and board determine. SSGA wants highly-informed member representatives on this group – people who deal with shipping every day, and will provide experience and knowledge about the impact of new issues we face that seem to develop every week now.

What we’ve heard so far

Here’s a brief rundown of some issues we’ve heard from members on so far:

  • Trucking weight limits, particularly uneven limits among states for longer hauls, is a long term challenge. Some states have higher weight corridors or limits on state roads.
  • Rail heavy weight surcharges, primarily a Union Pacific issue that cropped up last year, is a newer issue that may need attention, especially if other railroads move to adopt. UP has done some refinements, but ocean carriers are including those surcharges on customer bills now.
  • The International Maritime Organization (IMO) 2020 fuel cost hikes are coming, mandating the steamship lines either move to low sulfur fuel or take ships out of rotation and install scrubbers. Jan. 1, 2020 is the mandate requirement globally now. Shippers want to see what the price increases are in actuality. That may differ by location, depending upon availability of the fuel. The cost hikes, many believe, should not be determined by pure market forces – i.e., the Walmarts able to bargain for lower fuel hikes compared to small shippers. Can the Federal Maritime Commission be pushed to mandate carriers provide advisements to shippers on costs or availability? It seems information on how IMO will be handled is just now starting to trickle out from the carriers, and the industry is running behind on getting cued up.
  • Rail service inconsistency in departure times is another issue SSGA has been tracking. In smaller intermodal hubs like Minneapolis, Omaha, St. Louis and Denver, the trains don’t leave until the railroad has a complete full unit train of container cars. In bigger hubs like Chicago and Kansas City, they’ll leave as soon as the train is full. But the discrepancy in departures can mean some shippers might miss a cut-off time for the ship at the ports. That could mean your freight sits at the port for another week until the next departure to your destination, with detention fees a possibility.
  • Drayage availability – there are more intermodal trucking firms leaving the business. Among those in the business, some are no longer willing to haul more than 38,500 pounds in a 20-foot container, some 3,000 pounds less than they could haul. Having enough drayage trucking service may become the number one issue for ag shippers in the coming years.
  • Steamship line customer service has been a complaint over the past four years or more. The growth of e-commerce and digitalization of business transactions has brought along an ever-widening hole in customer service. Carriers promote online interaction to resolve problems, but the reality is, very rarely are these online requests addressed in a timely manner or to the satisfaction of the shippers/forwarder. A call is typically needed to reach someone at the steamship line, and the person who answers the call often is not knowledgeable or in position to get the issue solved.
  • The deteriorating quality of containers for ag, food and feed shippers, remains a problem. One positive step on that issue – we learned at the Ocean Container Shipping Panel session at the Global Trade Exchange & Specialty Grains Conference in Chicago that Ocean Network Express (ONE), the new combined carrier made up of the three previous, large Japanese carriers, now has acquired or is acquiring all new containers. They’re the only one, and will set the mark most likely for better quality equipment for some time.

Those are examples of the issues this action team wants to learn about from members. We want to consider ways as a group we can advocate for changes to improve competitive shipping from the inland U.S. to global markets.

Your Input
Most importantly, please note SSGA wants to hear from all of our members about transportation issues and developments you are facing. As a member, you are encouraged to contact SSGA. On shipping matters, contact Bruce Abbe, who serves as the staff lead on transportation – bruce@abbecommunications.com or call him at (612) 716-5074.

Federal Motor Carrier Safety Administration publishes hours of service proposal to improve safety and increase flexibility for commercial drivers

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) published a notice of proposed rulemaking (NPRM) on changes to hours of service (HOS) rules to increase safety on America’s roadways by updating existing regulations for commercial motor vehicle (CMV) drivers.

“This proposed rule seeks to enhance safety by giving America’s commercial drivers more flexibility while maintaining the safety limits on driving time,” said U.S. Transportation Secretary Elaine L. Chao.

“FMCSA wants drivers and all CMV stakeholders to share their thoughts and opinions on the proposed changes to hours of service rules that we are putting forward today. We listened directly to the concerns of drivers for rules that are safer and have more flexibility—and we have acted.  We encourage everyone to review and comment on this proposal,” said FMCSA Administrator Raymond P. Martinez.

First adopted in 1937, FMCSA’s hours of service rules specify the permitted operating hours of commercial drivers. In 2018, FMCSA authored an Advanced Notice of Proposed Rulemaking (ANPRM) to receive public comment on portions of the HOS rules to alleviate unnecessary burdens placed on drivers while maintaining safety on our Nation’s highways and roads. In response, the Agency received more than 5,200 public comments.

Based on the detailed public comments, FMCSA’s proposed rule on hours of service offers five key revisions to the existing HOS rules:

  • The Agency proposes to increase safety and flexibility for the 30 minute break rule by tying the break requirement to eight hours of driving time without an interruption for at least 30 minutes, and allowing the break to be satisfied by a driver using on duty, not driving status, rather than off duty.
  • The Agency proposes to modify the sleeper-berth exception to allow drivers to split their required 10 hours off duty into two periods: one period of at least seven consecutive hours in the sleeper berth and the other period of not less than two consecutive hours, either off duty or in the sleeper berth. Neither period would count against the driver’s 14‑hour driving window.
  • The Agency proposes to allow one off-duty break of at least 30 minutes, but not more than three hours, that would pause a truck driver’s 14-hour driving window, provided the driver takes 10 consecutive hours off-duty at the end of the work shift.
  • The Agency proposes to modify the adverse driving conditions exception by extending by two hours the maximum window during which driving is permitted.
  • The Agency proposes a change to the short-haul exception available to certain commercial drivers by lengthening the drivers’ maximum on‑duty period from 12 to 14 hours and extending the distance limit within which the driver may operate from 100 air miles to 150 air miles.

FMCSA’s proposal is crafted to improve safety on the Nation’s roadways. The proposed rule would not increase driving time and would continue to prevent CMV operators from driving for more than eight consecutive hours without at least a 30-minute change in duty status.

In Addition, FMCSA’s proposed rule on hours of service regulations is estimated to provide $274 million in savings for the U.S. economy and American consumers. The trucking industry is a key component to the national economy—employing more than seven million people and moves 70 percent of the nation’s domestic freight.

The public comment period will be open for 45 days.

The Federal Register Notice, including how to submit comments, is available here: https://www.federalregister.gov/documents/2019/08/22/2019-17810/hours-of-service-of-drivers