The Ocean Carrier Equipment Management Association (OCEMA) attempted to delay the already-implemented Federal Maritime Commission ruling on assessing demurrage and detention charges to the cargo owner or contract holder rather than the motor carrier. OCEMA cited confusion between the preamble and the law itself.
The FMC denied their request stating the language of the rule itself is “clear and unambiguous” and the preamble cannot “contradict the text of the statue or rule at issue.”