Shipping Alliances Face Scrutiny Over Port Delays Costs

NCBFAA is calling for stricter scrutiny of large vessel sharing agreements, demanding that carriers meet prerequisites and provide contingency plans. This aims to ensure fairness within the industry and safeguard the rights of shippers. The organization believes that increased oversight will help mitigate potential negative impacts associated with these agreements, particularly concerning port congestion and the shifting of costs onto shippers. By requiring carriers to demonstrate their ability to handle disruptions and adhere to fair practices, the NCBFAA hopes to create a more stable and equitable environment for all stakeholders.
Shipping Alliances Face Scrutiny Over Port Delays Costs

As global trade increasingly relies on ever-larger container vessels, a critical question emerges: Are vessel sharing agreements (VSAs) truly catalysts for efficiency, or are they contributing to port congestion and cost-shifting burdens?

NCBFAA's Concerns: Mega-Ships and Port Bottlenecks

The National Customs Brokers & Forwarders Association of America (NCBFAA) recently submitted comments to the Federal Maritime Commission (FMC) urging stricter scrutiny of VSAs, particularly regarding the use of ultra-large container vessels and their operational impacts. The filing responds to the FMC's Advance Notice of Proposed Rulemaking (ANPRM) seeking monthly carrier data on agreement utilization and operational changes.

While supporting the FMC's initiative, NCBFAA advocates for expanded data requirements to better assess how mega-ships in VSAs might exacerbate port congestion. The association argues carriers should demonstrate that VSA approvals won't create severe bottlenecks that ultimately pass demurrage and detention costs to shippers and ocean transportation intermediaries (OTIs).

The VSA Dilemma: Efficiency Gains vs. Operational Strain

VSAs allow shipping lines to share vessel space, optimizing capacity utilization and reducing operating costs. However, the trend toward increasingly massive vessels places unprecedented pressure on port infrastructure and service capabilities. The concentrated arrival of mega-ships can trigger:

  • Extended port congestion
  • Delayed terminal turnarounds
  • Landside transportation bottlenecks

NCBFAA highlights three critical pressure points:

Demurrage and Detention Fees

Port congestion frequently leads to container dwell time penalties that shippers often bear regardless of fault. The association contends the FMC should prevent carriers from passing these congestion-related costs to customers.

Chassis Availability

Port bottlenecks frequently create equipment shortages, particularly for the specialized trailers needed to move containers. NCBFAA urges examination of chassis pool efficiency and contractual limitations.

Landside Capacity

The ripple effects of port congestion extend to over-the-road transportation networks, creating delays in container movement that compound supply chain disruptions.

Regulatory Recommendations: Transparency and Accountability

NCBFAA proposes several measures to strengthen VSA oversight:

  • Pre-approval conditions: Require carriers to submit detailed vessel coordination plans matching arrivals with port capacity
  • Infrastructure guarantees: Demonstrate adequate chassis availability and landside transportation capacity
  • Operational improvements: Commit to reducing terminal and container turnaround times
  • Fee protections: Establish clear procedures preventing unreasonable demurrage charges
  • Contingency planning: Submit emergency protocols for cargo handling during port access disruptions

The Global Context: Addressing Port Congestion

Port congestion has emerged as a systemic challenge worldwide, particularly during pandemic-era supply chain disruptions. Mitigation strategies include:

  • Expanding port infrastructure investments
  • Optimizing terminal operations through digitalization
  • Enhancing coordination between maritime and landside operators
  • Implementing staggered vessel arrival schedules

Balancing Efficiency with Equity

While VSAs deliver operational efficiencies, their potential to concentrate costs on specific supply chain participants warrants careful regulatory consideration. The FMC's forthcoming decisions will significantly influence whether the shipping industry can maintain this balance - preserving the benefits of cooperation while preventing disproportionate burdens on shippers and intermediaries.