Sue Your Shipper Faster: FMC's New Fee Fight Rules Kick In
Published Date: 9/1/2026
Rule
Summary
Starting September 1, 2026, people can file complaints about shipping charges either through a quick interim process or a traditional legal route with a judge or small claims officer. Shipping companies must prove their fees, like demurrage or detention charges, are fair. This change helps anyone dealing with unfair shipping fees get their issues sorted faster and clearer, with no extra cost signals mentioned.
Analyzed Economic Effects
5 provisions identified: 4 benefits, 0 costs, 1 mixed.
Choice: Fast Interim or Formal Route
Starting September 1, 2026, you may file a Charge Complaint either through the Commission's streamlined Interim Procedure or by filing a traditional private party formal complaint (Sec. 502.62) or a small claims complaint (Sec. 502.304). The Interim Procedure and traditional processes may not run at the same time, and you may not file a duplicate claim that has been decided on the merits.
Carrier Must Prove Demurrage/Detention Charges
If you file a Charge Complaint as a traditional complaint (with an Administrative Law Judge or Small Claims Officer), the common carrier must bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to 46 U.S.C. 41310(b)(2) and 46 CFR 545.5.
No Time Limit For Charge Complaints
There is no statute of limitations for Charge Complaints under 46 U.S.C. 41310; you may file a Charge Complaint for charges or fees assessed on or after June 16, 2022 (the date OSRA 2022 became effective). OSRA 2022 does not apply retroactively to charges before that date.
Interim Route Currently No Fee; Formal Filing Fees Apply
Under the Interim Procedure you currently do not pay a fee, while filing a private party formal complaint requires a filing fee (currently $387 for Subpart E) and filing a small claims complaint requires a filing fee (currently $176 for Subpart S). The Commission may consider fees for the Interim Procedure later through rulemaking.
Small Claims Cap and Civil Penalty Treatment
Small claims under subpart S are capped at $50,000 and require both parties' consent to proceed under informal adjudication; civil penalties are not part of the $50,000 claim limit, cannot be requested by claimants in private party complaints, and, if assessed, are payable to the U.S. Treasury General Fund (separate from reparations).
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-17877, Notice of Agreements Filed
The Federal Maritime Commission announced updates to several shipping agreements involving Hyundai Glovis, EUKOR Car Carriers, Liberty Global Logistics, and Wallenius Wilhelmsen Ocean. These changes mainly remove joint contracting powers and update contact info, effective late August 2026. If you’re involved in shipping or logistics, keep an eye out and send your comments within 7 to 12 days to have your say!
2026-16345, Notice of Agreements Filed
2026-16271, Renewal of Agency Information Collections of Previously Approved Collections; Ocean Transportation Intermediaries; 3072-0018; 60-Day Public Comment Request
As part of our continuing effort to reduce paperwork and respondent burden, and as required by the Paperwork Reduction Act of 1995, the Federal Maritime Commission (Commission) invites comments on the information collection related to Licensing, Financial Responsibility Requirements and General Duties for Ocean Transportation Intermediaries and Related Forms. This notice announces a renewal of an existing collection and includes updates to the collection based on reduction in burden hours due to a new electronic platform and an increase in the number of entities required to respond.
2026-14646, MAC Industries Inc. dba MAC Container Line, Complainant v. COSCO Shipping Lines Co., Ltd., COSCO Shipping Lines (North America) Inc., and COSCO Shipping Lines (India) Private, Respondents; Notice of Filing of Amended Complaint
MAC Container Line is taking on COSCO Shipping for charging unfair detention fees and blocking future bookings. This fight affects shipping companies and could change how ocean carriers handle fees and contracts. COSCO must respond within 25 days, with a final decision expected by mid-2027, so keep an eye on your shipping bills!
2026-14678, Notice of Agreements Filed
Two big shipping companies, Hapag-Lloyd and Ocean Network Express, have teamed up to share space on ships traveling between India, Oman, and the U.S. East Coast. This new agreement starts on July 16, 2026, and could make shipping faster and smoother for businesses involved. People have about 12 days to share their thoughts or concerns about this deal with the government.
2026-14541, Nancy Prior, Complainant v. AMOOV Group; FreightLead LLC; and Air 7 Seas Transport Logistics, Inc., Respondents; Notice of Filing of Amended Complaint
Nancy Prior from Florida has filed an updated complaint against AMOOV Group, FreightLead LLC, and Air 7 Seas Transport Logistics for holding her household goods and demanding unfair fees without a contract. These companies must respond by July 28, 2026, and the case will wrap up with a final decision by July 28, 2027. This could affect how shipping companies handle charges and customer property in the future.
Previous / Next Documents
Previous: 2026-17874, Safety Zone; Fort Myers Beach, FL
The Coast Guard is establishing a temporary safety zone for navigable waters on Fort Myers Beach. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with high-speed boat racing. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector St. Petersburg, or their designated representative.
Next: 2026-17884, Free Matter for the Blind and Other Physically Handicapped Persons
The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM[supreg]) to clarify the applicability of the Hazmat Handling Fee, and to require a parcel barcode, on parcels mailed as Free Matter for the Blind and Other Physically Handicapped Persons (Free Matter).