Federal Register #FMC-2026-0331

FMC Final Rule on Charge Complaint Procedures under OSRA 2022

This opportunity relates to a final rule issued by the Federal Maritime Commission (FMC) clarifying Charge Complaint procedures under the Ocean Shipping Reform Act of 2022 (OSRA 2022). - Government Buyer: - Federal Maritime Commission (FMC) - No OEMs or vendors are involved, as this is an administrative rulemaking, not a procurement. - Products/Services Requested: - No products or services are being procured; the rule pertains to complaint procedures. - Notable Requirements: - Clarifies that Charge Complaints may be submitted via the Commission's Interim Procedure or traditional complaint processes. - Common carriers bear the burden of proof for the reasonableness of demurrage or detention charges. - Complaints must include bills of lading numbers and invoices. - Civil penalties are clarified in the rule. - The rule does not change substantive standards or affect non-agency parties' rights or obligations.

Description

The Federal Maritime Commission (FMC) issued a final rule to clarify that Charge Complaints may be filed either through the Commission's Interim Procedure or through traditional complaint processes involving an Administrative Law Judge or Small Claims Officer. The rule highlights that the burden of proof for the reasonableness of demurrage or detention charges lies with the common carrier. It also clarifies procedural requirements and the applicability of civil penalties. The rule is effective September 1, 2026, and aims to provide awareness and procedural clarity for filing Charge Complaints under the Ocean Shipping Reform Act of 2022.

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