FMC Potpourri: Tariff Publications, Maximum Penalty Fees, Commission Updates

The Commission: The Essential Blog on the FMC

Tariff Publication Updates

In The Commission Blog's first post, our team addressed one of the most anticipated outcomes from the Ocean Shipping Reform Act of 2022 (OSRA 2022) (Pub. Law No. 117-146, 2022 Enacted S. 3580): the Federal Maritime Commission's (FMC) new rule on Detention and Demurrage Billing Requirements (Rule).

While the Rule may be the main event to many, the other recent rules the FMC has adopted in response to OSRA 2022 should not be overlooked. As a prime example, to kick off the new year, the FMC announced its Final Rule on Carrier Automated Tariffs, published on Jan. 2, 2024. The Final Rule, which amends 46 CFR § 520.9 and took effect on Feb. 1, 2024, requires common carriers and conferences to provide public access to their tariff publication system free of charge. Any carrier or conference that violates this regulation may be assessed civil penalties.