REPOST: Building a Resilient Port Strategy with Brian Kempisty & Lauren Beagen

May 15, 2024

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Brian Kempisty, Lauren Beagen and Joe Lynch discuss building a resilient port strategy. Brian is the Founder of Port X Logistics, a transportation company that specializes in expediting containerized cargo throughout the U.S. and Canada. Lauren is a lawyer and the Founder of Squall Strategies, a boutique maritime consulting and legal solutions company.

About Brian Kempisty

Brian Kempisty is the Founder of Port X Logistics, a transportation company that specializes in expediting containerized cargo throughout the U.S. and Canada. Brian grew up as a farm kid outside of Buffalo, NY and learned how to work at a young age. While earning his degree at Canisius College he needed a job and found himself working in the logistics industry. Since those early days, he has run multiple companies and his latest adventure called for him to create Port X Logistics which is a national drayage and transloading company with offices on both coasts.

About Lauren Beagen

Lauren M. Beagen is a seasoned maritime attorney and the founder of Squall Strategies, LLC and The Maritime Professor ™. Ms. Beagen is often called on for her industry expertise by notable trade networks, including features on CNBC and FreightWaves. Ms. Beagen has extensive experience in oceanborne commerce and maritime law, with specific emphasis on maritime transportation, Shipping Act issues, supply chain management, international antitrust law, and port and terminal operations. Notable appointments include work in the federal government as Attorney-Advisor (International Affairs) in the Office of the General Counsel at the Federal Maritime Commission and work at a public port authority as Maritime Project Manager for the Port of Boston at the Massachusetts Port Authority. Ms. Beagen received a Bachelor’s degree in International Political Science and International Studies from Hope College, a Master of Marine Affairs degree from the University of Rhode Island, and a Juris Doctorate from Roger Williams University School of Law. She is an avid sailor and recreational fisherman and holds a US Coast Guard Merchant Mariner Credential (50 ton) for Great Lakes and Inland Waters.

About Port X Logistics

Port X Logistics specializes in expediting containerized cargo throughout the US and Canada. With a combination of company trucks, owner operators, and logistics network Port X Logistics can effectively service every port and rail ramp. Port X Logistics provides drayage, trans-loading, and over the road trucking to help clients meet their fulfillment and production plans. The team operates with urgency, attention to detail, proactive communication, and the ultimate in visibility.

About Squall Strategies

Squall Strategies is a maritime consulting and legal solutions company and offers a wide range of consulting services to serve a variety of businesses and clients. Whether you’re a small, local business or a multinational corporation, we can help you reach new levels of success. Squall Strategies is available for advice and consultation on Federal Maritime Commission related matters, advice and consultation on supply chain and ocean freight movement, potential federal regulatory impacts on your business, federal regulatory review and analysis, general Federal Maritime Commission related inquiries, advice and consultation on demurrage, tariff/schedule reviews, and supply chain industry insight.

Key Takeaways: Building a Resilient Port Strategy

The first step in developing a resilient port strategy is understanding the locations of the domestic supply chain along with the location of customers.
The ability to use multiple ports of entry is key for shippers because there are unexpected disruptions at ports because Panama Canal issues, labor problems, and shifting regulations at the ports.
Shippers must also consider potential labor union issues with both the West Coast and East Coast longshoremen unions.
The California Ports are more challenging to service because of AB5 and CARB
AB5 refers to Assembly Bill 5, a California law that went into effect on January 1, 2020. It is also known as the “Gig Worker Law” or the “Independent Contractor Law.” AB5 aims to classify more workers as employees rather than independent contractors,
CARB emissions refer to emissions of pollutants regulated by the California Air Resources Board (CARB).
To build a resilient port strategy, shippers must consider the impact of the Ocean Shipping Reform Act (OSRA) of 2022, which includes the following provisions:
- Unreasonable Refusal to Deal – A provision that requires that an ocean common carrier shall not unreasonably refuse to deal or negotiate with respect to vessel space accommodation.
- Demurrage and Detention Billing Requirements – A new rule that seeks to provide more clarity, consistency, structure and punctuality to the demurrage and detention billing practices used by vessel operating common carriers (VOCCs), non-vessel-operating common carriers (NVOCCs) and marine terminal operators (MTOs).
- Unfair or Unjust Discriminatory Methods – The Federal Maritime Commission (FMC) will define what is unfair or unjust discriminatory methods used by carriers regarding concerns and complaints by exporters and small shippers.
Lastly, to build a resilient port strategy, shippers should get the select the right partner – companies that have a comprehensive knowledge of the ports – companies like Port X Logistics and Squall Strategies.
Port X Logistics provides drayage to and from all ports and ramps in the USA and Canada.
Port X Logistics provides safe and just-in-time truckload services, unique problem-solving for supply chain solutions, worry-free crisis management services, and collaborative and dedicated project management from start to finish.
Squall Strategies provide a broad range of services and solutions to help organizations facilitate change, achieve their vision, and optimize performance and productivity. Not all problems they encounter are legal, but their legal experience gives them a deeper understanding of the industry.