Federal Maritime Commission Investigates OCEMA for Non-Compliance with Chassis Provisioning Order

Date: July 5, 2024

The Federal Maritime Commission (FMC) has launched an investigation to determine if the Ocean Carrier Equipment Management Association (OCEMA) and its members are complying with a ruling issued earlier this year that affirms the rights of shippers and truckers to choose chassis providers for merchant haulage in key U.S. markets.

This non-adjudicatory investigation was initiated following reports that chassis providers in Los Angeles/Long Beach, Chicago, Memphis, and Savannah are not adhering to a cease-and-desist order issued by the FMC on February 13, 2024. This order came from the case Intermodal Motor Carriers Conference, American Trucking Associations, Inc. v. Ocean Carrier Equipment Management Association Inc, et al. (Docket No. 20-14).

Investigation Details

The Bureau of Enforcement, Investigations, and Compliance (BEIC) within the FMC will lead the investigation. It aims to scrutinize whether OCEMA and its members have modified their policies and practices as mandated by the cease-and-desist order. The BEIC’s non-adjudicatory investigations leverage subpoena powers for discovery. Should BEIC uncover evidence of non-compliance, the FMC may seek an injunction in federal district court. Additionally, BEIC could initiate its own enforcement action and impose civil penalties for any violations of the Commission’s order.

Call for Information

The FMC encourages individuals with relevant information about the BEIC’s investigation or any wrongdoing by a regulated entity to come forward. Information can be shared with the Commission via email at [email protected] or by calling 202-523-5783.

Protection Against Retaliation

The FMC emphasizes that retaliation against individuals who file a complaint with the Commission is a serious offense, subject to significant penalties. The Commission is committed to investigating and holding accountable any parties engaged in retaliatory conduct.

This investigation underscores the FMC’s dedication to ensuring compliance with its orders and safeguarding the rights of shippers and truckers in the maritime industry.