Federal Register #2026-17876

FMC Final Rule Clarifies Charge Complaint Procedures

This opportunity involves a final rule issued by the Federal Maritime Commission (FMC) clarifying Charge Complaint procedures. - Government Buyer: - Federal Maritime Commission (FMC) - No OEMs, vendors, products, or services are being requested; this is a regulatory update. - Key Rule Details: - Charge Complaints may be submitted via the Commission's Interim Procedure or traditional complaint processes (Administrative Law Judge or Small Claims Officer). - For demurrage or detention charges, the common carrier must prove the reasonableness of the charges, per the Commission's Interpretive Rule on Unjust and Unreasonable Practices. - Complaints must include relevant bills of lading numbers and invoices. - The rule clarifies the statute of limitations for Charge Complaints under the Ocean Shipping Reform Act of 2022. - No procurement activity, product quantities, or part numbers are involved.

Description

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

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