Charge Complaint Procedures

Got a demurrage or detention bill from an ocean carrier that looks wrong? A Federal Maritime Commission (FMC) rule that took effect September 1, 2026, makes clear you have more than one way to fight it.

The Ocean Shipping Reform Act of 2022 lets anyone submit a “charge complaint” about a fee assessed by a common carrier. The FMC must promptly investigate and can order refunds and penalties. For demurrage and detention charges, the law puts the burden on the carrier to prove the charge is reasonable.

Three routes, one standard. A charge complaint can go (1) through the FMC’s Interim Procedure by email, (2) as a private formal complaint under 46 CFR 502.62, or (3) as a small claims complaint under 46 CFR 502.304. The FMC says some people read its earlier guidance as allowing only the first route; that is not the case. In every route, the carrier still carries the burden on demurrage and detention.

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What makes it a charge complaint: it concerns a charge from a common carrier, alleges a violation of 46 U.S.C. 41104(a) or 41102 (or both), and includes the bill of lading numbers and invoices. Filers are encouraged to label it a “Charge Complaint.” Small claims are capped at $50,000; civil penalties do not count toward that cap and are paid to the U.S. Treasury, not to the filer. Both sides must consent for a small claim to be decided informally.

The rule is docket FMC-2026-0331 (RIN 3072-AD00). Questions go to David Eng, FMC Secretary, at (202) 523-5725.

Federal Register filing: https://www.federalregister.gov/documents/2026/09/01/2026-17876/charge-complaint-procedures

This is a Notice Nearby publisher-desk Federal brief — a short in-house summary of a public federal filing. It is not official agency minutes, not a newspaper story, and not Legal Publication. It does not satisfy a statutory notice requirement.