Charge Complaint Procedures

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Federal Maritime Commission 46 CFR Part 502 [FMC-2026-0331] RIN 3072-AD00 AGENCY: Federal Maritime Commission. ACTION: Final rule. SUMMARY: 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. DATES: This rule is effective September 1, 2026. FOR FURTHER INFORMATION CONTACT: David Eng, Secretary; Phone: (202) 523-5725; Email: secretary@fmc.gov . SUPPLEMENTARY INFORMATION: I. Background and Legal Authority On June 16, 2022, the Ocean Shipping Reform Act of 2022 (OSRA 2022) ( Pub. L. 117-146 ) was enacted. Section 10 of the Act, “Charge complaints,” codified at 46 U.S.C. 41310 , states that a person may submit to the Commission “information concerning complaints about charges assessed by a common carrier.” The statute directs th…