The Federal Maritime Commission (FMC or the Commission) is proposing to revise its rulemaking procedures. The changes would: consolidate informal rulemaking and rulemaking petition requirements into subpart D, clarify ambiguities, remove unnecessary, overly restrictive requirements (such as ex parte requirements), and allow for the FMC to integrate its rulemaking procedures into the Executive Order 12866 centralized regulatory review process, as directed by Executive Order 14215. This proposal would also make conforming changes associated with the FMC's transition to eRulemaking. The FMC invites public comment on all aspects of this proposed rule.
Comments close Jun 12, 2026
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.
The Federal Maritime Commission (the Commission or FMC)'s civil monetary penalty amounts will not increase for the 2026 calendar year. The FMC is generally required by statute to annually adjust for inflation the maximum civil penalty amounts subject to the Commission's jurisdiction. In accordance with guidance from the Office of Management and Budget (OMB), however, the FMC will continue to use the 2025 civil monetary penalty levels due to the absence of a cost-of-living adjustment for 2026.
This final rule removes from the Code of Federal Regulations a section of the final rule published on February 26, 2024, entitled "Demurrage and Detention Billing Requirements." This action is responsive to a decision of the U.S. Court of Appeals for the District of Columbia Circuit that set aside the properly issued invoices provision of the rule.
The Federal Maritime Commission (Commission or FMC) is revising certain delegations of authority from the Commission, updating descriptions of organization components, and making minor related technical amendments. These revisions reflect re-organization of certain functions within the agency.
The Federal Maritime Commission (Commission) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Commission, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act). The 2015 Act requires that agencies adjust and publish their new civil penalties by January 15 each year.
The Federal Maritime Commission (FMC or Commission) received approval from the Office of Management and Budget (OMB) for an information collection request associated with the final rule, "Definition of Unreasonable Refusal to Deal or Negotiate with Respect to Vessel Space Accommodations Provided by an Ocean Common Carrier." This rule announces the effective date for the requirements for ocean common carriers to annually file a documented export policy with the Commission and provides implementing instructions. In the final rule published July 23, 2024, the Commission stated it would publish a document in the Federal Register (FR) announcing the effective date of the collection-of-information-related sections upon OMB approval. This rule establishes the effective date of the relevant provisions. It also corrects an error in the regulatory text.
