FMC says OSRA rules in place; charge-complaint process has led carriers to refund millions

The Federal Maritime Commission has completed two major rulemakings required by the Ocean Shipping Reform Act of 2022 and says the agency27s new charge-complaint process has prompted carriers to return money to shippers.

Commissioner Rebecca Dye told the House Subcommittee on the Coast Guard and Maritime Transportation that the commission issued two OSRA-mandated final rules in 2024 addressing detention and demurrage and unreasonable refusal to deal with respect to vessel space. "Although the 2 final rules are operational today, we're still involved in litigation over the final outcome," Dye said. She added that the commission is continuing work on a shipping exchange registry and remaining elements of the unfair-or-unjustly-discriminatory regulations.

Dye described Section 10 of OSRA, which established a new charge-complaint process for assessing carrier charges and obtaining refunds. She said many disputed charges have been resolved voluntarily during the investigation phase and that the commission plans a rulemaking next year to provide a faster process in which an ocean carrier would have to demonstrate the lawfulness of a charge.

Why it matters: OSRA expanded the FMC27s authorities to police carrier practices that can affect shipping costs and port fluidity. Faster resolution of disputed charges and clearer rules on detention/demurrage and carrier space allocation could reduce costs for U.S. shippers and improve supply chain reliability.

Evidence of impact

- Refunds and waivers: Committee members cited different totals from the hearing record. Representative Garamendi said "more than 5,800,000.0 in fees have been waived or refunded in undue charges by carriers" since OSRA. Commissioner Dye said, when asked later, that "we had, I think, a little over $5,000,000 that was returned." Another exchange referenced an earlier statement that the FMC was ordered to return "over 2 and a half millions." The differing figures appear in the hearing record and reflect refunds, waivers and voluntary returns across multiple matters.

- Compliance and enforcement: Dye said carriers are complying with the regulations in practice and that the charge-complaint mechanism has been "very valuable," enabling quicker resolution with FMC oversight. "When the process began, many of the fees were returned voluntarily," she said.

Remaining work and oversight

Members asked for timelines for outstanding rules. Dye said the exchange registry and a small remainder of the discrimination regulation remain to be completed and that the commission will finish them "as soon as we can turn our attention to it." The agency is also defending parts of the rules in litigation.

The subcommittee pressed the FMC about whether staff losses hinder rulemaking and investigations; Dye said the agency is seeking exemptions from OPM to hire six attorneys/economists. She characterized enforcement as ongoing: "Enforcement's never over," she said, adding that some charges, such as certain detention fees, are "internationally despised" and hard to address.

Ending

The FMC told the subcommittee it will pursue a rule for faster charge resolution and continue implementing OSRA mandates. Members asked for follow-up on outstanding rulemakings and for updates on enforcement outcomes as litigation proceeds.