FMC's Final Rule On Demurrage And Detention Billing Practices, Continued

The Federal Maritime Commission (FMC) has issued a correction to its Final Rule on Demurrage and Detention Billing Requirements (Final Rule) to address reported ambiguity regarding when ocean carriers may bill detention and demurrage (D&D) to motor carriers (the Correction). (See 89 Fed. Reg. 39569 (May 9, 2024), as well as Holland & Knight's previous alert, "Federal Maritime Commission Announces Demurrage and Detention Final Rule," Feb. 27, 2024.) The FMC explained in the Correction that notwithstanding the Final Rule's "clear direction regarding who may be a 'billed party,'" language in the preamble discussion to the Final Rule may have been interpreted as more broadly permitting an ocean carrier to invoice a motor carrier with which it holds a contract.