Where each rule stands, as of 2026-10-21
| Rule | What it does | Status and source |
|---|---|---|
| 46 CFR 545.5, interpretive rule | How the FMC reads “unjust and unreasonable practices” for demurrage and detention: charges are judged by whether they work as financial incentives that keep cargo moving | Published 2020-05-18 (85 FR 29638). Still in the CFR. In Evergreen Shipping Agency v. FMC, 106 F.4th 1113 (D.C. Cir. 2024), the court denied the carrier’s petition and the FMC reports it upheld the FMC’s application of the rule |
| 46 U.S.C. 41104(a)(15), (d), (f) (OSRA 2022) | A carrier may not invoice demurrage or detention without the listed information showing the charge complies with part 545; missing information eliminates the obligation to pay that charge | Enacted 2022-06-16 (Pub. L. 117-146). In force |
| 46 CFR 541.1 to 541.3, 541.5 to 541.8, 541.99 | Minimum invoice contents (541.6), 30-day invoicing deadline (541.7), 30-day window to ask for mitigation, refund or waiver (541.8) | Final rule 2024-02-26 (89 FR 14330), effective 2024-05-28; 541.6 effective 2024-05-28 (89 FR 41895). In effect, per the FMC’s 2025-12-29 notice |
| 46 CFR 541.4, “properly issued invoices” | Who the carrier may invoice | Set aside by the D.C. Circuit on 2025-09-23 (World Shipping Council v. FMC, 152 F.4th 215). Removed from the CFR effective 2025-12-29 (90 FR 60579). Do not cite it |
| 46 U.S.C. 41310, charge complaints | Anyone may submit information about a carrier’s charges; the FMC investigates; the carrier bears the burden of showing a demurrage or detention charge is reasonable under 545.5 | In force. Procedure clarified by the final rule of 2026-09-01 (91 FR 56053), below |
On the word “overturned”: the court set aside one section of part 541, not the rule. The FMC’s notice says “the other provisions of the rule remain in effect.” We searched the Federal Register for FMC rules and proposed rules published from 2026-01-01 to 2026-10-21 and found no change to part 541 or 545.5 (the one relevant rule is the charge complaint rule below); if you read otherwise, check the eCFR first.
What a compliant invoice contains
46 CFR 541.6 requires, at a minimum: identifying information (bill of lading and container numbers, the port of discharge for imports, and why the billed party is liable); timing information (invoice date and due date, free time in days with its start and end dates, the container availability date, and the dates charged); rate information (total, the rule the daily rate is based on, and the rate); dispute information (a contact, a public web address explaining what the billed party must provide, and the time frames); and two certifications by the billing party. The full list is on the dispute page . The invoice must be issued within 30 calendar days of the date the charge was last incurred (541.7); otherwise the billed party is not required to pay.
Three ways to challenge a charge
- Ask the billing party. 541.8 gives you at least 30 calendar days from the invoice date to request mitigation, refund or waiver, and the billing party must attempt to resolve it within 30 calendar days of receiving it, or later if you both agree. Use the letter tool to draft it, and send it before the date on the invoice.
- Charge complaint to the FMC. Any person may submit a complaint about charges assessed by a common carrier (46 U.S.C. 41310; 46 CFR 502.301(b)). Under the interim procedure you email [email protected] with the carrier’s name, a statement of how the charge violates 46 U.S.C. 41104(a) or 41102, and invoices, bills of lading and proof of payment; FMC staff contact the carrier and notify both sides when done. The FMC says this does not cover charges assessed by a marine terminal operator (unless on the carrier’s behalf), charges invoiced before 2022-06-16, charges not yet invoiced, or charges at non-US ports.
- Formal complaint or small claims. The final rule of 2026-09-01 says a charge complaint may also be filed as a traditional complaint before an Administrative Law Judge or a Small Claims Officer, and then the carrier bears the burden of establishing the charge’s reasonableness. Small claims of $50,000 or less are decided by a Small Claims Officer with the consent of both parties (46 CFR 502.301(c)).
The FMC also lists free dispute resolution through its Office of Consumer Affairs and Dispute Resolution Services on its complaints and assistance page .
What this means for your invoice
A missing item is a ground to ask for a corrected invoice and, under the statute, to withhold payment of that charge; the carrier may reissue it correctly. Do not treat it as the end of the matter. Recheck the dates with the last free day calculator , see who pays demurrage and detention for the billed party, and demurrage vs detention for what each charge is.
We are not a law firm and this page is not legal advice. It reports what the sources above say on 2026-10-21; the eCFR and the Federal Register are the authority.
Frequently asked questions
Was the FMC demurrage rule overturned?
Only one section. On September 23, 2025 the D.C. Circuit set aside 46 CFR 541.4 (who may be invoiced) and left the rest of part 541 in place. The FMC removed 541.4 effective December 29, 2025 and said the other provisions remain in effect.
If an invoice is missing required information, do I have to pay it?
46 CFR 541.5 and 46 U.S.C. 41104(f) say failure to include the required information eliminates the obligation to pay that charge. The FMC says this does not stop the carrier reissuing the charge on a compliant invoice. Put your objection in writing within the invoice's deadline.
How do I complain to the FMC about a carrier's charge?
Email a charge complaint to [email protected] with the carrier's name, how the charge violates 46 U.S.C. 41104(a) or 41102, and the invoices, bills of lading and proof of payment. Since September 1, 2026 a charge complaint can also be filed as a formal or small claims complaint.
How long do I have to ask for a waiver?
At least 30 calendar days from the invoice issue date (46 CFR 541.8(a)). The billing party must try to resolve a request within 30 calendar days of receiving it, or later if both agree.
Sources
- 46 CFR part 541, Demurrage and detention (eCFR)
- 46 CFR 545.5, Demurrage and detention interpretive rule (eCFR)
- Interpretive Rule on Demurrage and Detention, 85 FR 29638 (2020-05-18)
- Demurrage and Detention Billing Requirements, 89 FR 14330 (2024-02-26)
- Announcement of effective date of 46 CFR 541.6, 89 FR 41895 (2024-05-14)
- Properly issued invoices provision set aside by court, 90 FR 60579 (2025-12-29)
- World Shipping Council v. FMC, No. 24-1088 (D.C. Cir. Sept. 23, 2025)
- Charge Complaint Procedures, 91 FR 56053 (2026-09-01)
- 46 U.S.C. 41104 (Cornell LII)
- FMC: Guidance on Charge Complaint Interim Procedure
- FMC: OSRA implementation and FAQ
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