FMC Warns Against Unreasonable D&D Fees After Baltimore Bridge Collapse
The Federal Maritime Commission on April 5 warned the ocean transport industry against imposing unreasonable detention and demurrage fees as shippers and carriers adjust their supply chains due to the collapse of the Francis Scott Key Bridge in Baltimore last month (see 2403260047).
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The FMC stressed that all U.S. shipping rules "remain in effect," including those governing unfair fees on stranded containers and chassis. "FMC regulations require demurrage and detention fees meet a reasonableness test of whether the charges serve as legitimate financial incentives to encourage cargo movement," the commission said. "Individuals or entities with concerns about common carrier or [marine terminal operator] compliance can seek FMC assistance."
The commission described steps shippers can take if they believe carriers or MTOs are violating shipping regulations, including by filing a complaint with the FMC, reporting a violation to its Bureau of Enforcement, Investigations, and Compliance, or requesting "informal assistance" from the Office of Consumer Affairs and Dispute Resolution Services to resolve a dispute.