Commissioner Rebecca Dye initiated the investigation, Fact Finding 28, under a Commission Order dated on 5 March 2018.

The first phase of her investigation involves gathering information from ocean common carriers and marine terminal operators serving a broad section of container ports located throughout the US. Carriers have been directed to provide detailed information about their detention and demurrage practices, especially regarding circumstances where shippers are not able to retrieve cargo. Commissioner Dye said:

The ultimate resolution of this investigation will have the potential to affect every ocean common carrier calling the US. It is vital that the information we gather is representative of business and operational practices, as well as market conditions, nationally.

In addition, she emphasized that it is critical that shippers, dray truck companies, and other affected parties who can document specific allegations and provide supporting materials of unreasonable port detention and demurrage practices and fees step forward and cooperate with the investigation.