- Published
- Sep 1, 2026
- Effective
- Sep 1, 2026
- Citation
- 91 FR 56053
- Docket
- FMC-2026-0331
Final rule.
Summary
The Federal Maritime Commission (FMC) has adopted a final rule that clarifies how “Charge Complaints” can be filed. Instead of using the FMC’s interim procedure, parties now have the option to submit these complaints through the agency’s traditional process, which is overseen by either an Administrative Law Judge or a Small Claims Officer. The change is meant to ensure that carriers who charge for cargo detention or demurrage must prove that their fees are reasonable, aligning the process with existing rules on unfair pricing practices. The rule applies to anyone who files a charge complaint against a common carrier—typically shippers, freight forwarders, or other parties in the maritime supply chain. By routing complaints through the standard adjudication channels, the FMC aims to provide a clearer, more consistent framework for resolving disputes over freight charges. The rule was published and became effective on September 1, 2026 (91 FR 56053). Because it is a final rule, there is no additional comment period; the FMC will now implement the new filing option. Parties with pending or future complaints should use the traditional administrative or small‑claims procedures, and the designated judges or officers will handle the cases under the existing burden‑of‑proof standards for demurrage and detention charges.
AI-generated summary — verify against the Federal Register text.
Official abstract
The Federal Maritime Commission (FMC or Commission) is issuing this rule to bring awareness that as an alternative to following the Commission's Interim Procedure for Charge Complaints, Charge Complaints may be filed with the Commission following traditional complaint processes involving either an Administrative Law Judge or Small Claims Officer. In accordance with the statute, when a person files a Charge Complaint as a traditional complaint, the Administrative Law Judge or Small Claims Officer must treat the complaint as such, including by requiring the common carrier to bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to the Commission's Interpretive Rule on Unjust and Unreasonable Practices With Respect to Demurrage and Detention.
Topics
Track this rulemaking
Get alerts when this document changes status or its comment period closes, plus the bills that connect to it.
Sign up free