October 21, 2024 | Page 31

Government
Under FMC rules , ocean carriers can only send per diem bills to the contracted party . Shutterstock . com that contracts between an ocean carrier and trucker for hauling container would fall outside the rule — “ created uncertainty with respect to invoicing motor carriers .”
The FMC ruled , though , that the statutory language of the rulemaking itself is “ clear and unambiguous .” The preamble only serves to help interpret the rulemaking , but it cannot “ contradict the text of the statute or rule at issue ,” the agency added .
The FMC said the process of correcting the preamble would mean “ the rule would be in effect at least six months , then be temporarily suspended , and then go back into effect ... This has the potential for massive disruption and confusion .”
The agency added that the detention and demurrage rulemaking was already behind schedule soon after passage of the Ocean Shipping Reform Act of 2022 ( OSRA-22 ) due to the number of public comments it received and analyzed as part of the rulemaking . The FMC said that a further delay “ would directly impede the explicit instructions of Congress .”
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a man allegedly involved in a crime ring responsible for stealing over $ 5 million in Nike shoes .
Criminals often use tools like portable grinders to break into containers , rendering traditional seals and padlocks ineffective . To counter this , many in the industry are turning to specialized locks , bars and bracing cables . However , opinions are mixed on whether these heavy-duty locks deter criminals or paint a bigger target on containers .
“ The specialized tools can paint can a bit of a target or bullseye on the box ,” Phil Yeager , CEO of Hub Group , said at Inland24 . He advocated for alternative strategies , such as placing containers in the bottom well of railcars and strategic parking inside terminals .
“ The specialized tools can paint can a bit of a target or bullseye on the box .”
Supporters of specialized locks , such as War-Lok and the Enforcer lock , argue that these devices make containers more difficult to breach , encouraging thieves to move on to easier targets .
“ It may make the container a target , but now it ’ s a harder target than the next one ,” Jason Moore , a sergeant with the Memphis Police assigned to the FBI Cargo Crime Task Force , said during the conference . “ If you ’ ve got a War-Lok , and another box has a bolt seal , which one is easier to get into ? Obviously , the bolt seal because it ’ s going to take less time and thus be more attractive .”
Shane Blair , senior vice president of intermodal at Swift Transportation , cautioned that the locks also create additional management responsibilities and logistical challenges .
“ Our customers feel safer with these locks , but who manages the program ? Is it us ? Is it the railroad ?” Blair asked the Inland24 audience . “ Who holds the master key ? We can ’ t have 800 sets of keys ; it defeats the purpose . While I believe in these locks , they add complexity for rail partners , drivers and shippers .”
Informational risks
The inside threat of people with access to sensitive data using it for criminal purposes is also rising .
Moore said one rail ramp employee was arrested earlier this year in Memphis for allegedly stealing about $ 1 million worth of cargo inside containers . The senior manager , who was earning over $ 200,000 annually , was suspected of teaching others how to carry out similar crimes .
“ He targeted specific brands and flipped the products for profit , but investigators used ramp footage to secure a search warrant and recover stolen goods ,” Moore said .
Although the transportation industry has embraced information sharing , the risk of sharing too much data can be as significant as sharing too little , according to Rachael Acker , senior director of global logistics at Wolverine Worldwide . She said carriers should know what ’ s being transported , but not specific brand names .
“ When we use domestic intermodal or trucking , we use an internal number that no one can look up ,” Acker explained . “ It ’ s not associated with any universal product code , so there ’ s no way to trace it back to the exact brand .”
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