Is the FMC 30-day demurrage and detention invoice rule still in effect in 2026?

Yes. The Federal Maritime Commission states that the September 23, 2025 D.C. Circuit decision set aside 46 C.F.R. § 541.4, while the remainder of Part 541 remains in effect, including the 30-day invoice issuance deadline and accurate-and-sufficient invoice-information requirements.

How much time does a billed party have to request mitigation, refund, or waiver?

The current FMC rule provides a billed party at least 30 calendar days to request fee mitigation, refund, or waiver. The applicable facts, invoice and current rule should still be reviewed for a specific case.

What evidence matters for a detention freight-fluidity review?

Recent FMC decisions emphasize container-specific causation. Dated evidence such as terminal closure records, trucker communications, and appointment-system records can be material when they show that return was not practically possible for the charged container and dates.

FMC D&D BILLING GUIDE

What the FMC’s 30-day D&D invoice rule means for an invoice review.

The Federal Maritime Commission states that its demurrage and detention billing rule remains in effect except for 46 C.F.R. § 541.4, which the D.C. Circuit set aside in 2025. The FMC specifically says the remaining requirements include accurate and sufficient invoice information and a 30-day issuance deadline.

Preserve the invoice

Keep the original invoice and issue date, not only a portal screenshot captured later.

Preserve event dates

Availability, pickup, empty return and other relevant container events can matter to the calculation.

Preserve rate support

Keep applicable contract, tariff, free-time and rate support with the review record.

Why the issuance date matters

In its November 2025 advisory, the FMC said failure to comply with the accurate-and-sufficient-information requirements or the 30-day issuance deadline eliminates the billed party’s obligation to pay the applicable charge. Whether that applies to a particular invoice still depends on the actual facts and applicable rule.

Primary source: Federal Maritime Commission — U.S. Court of Appeals decision advisory.

Recovery OS review

Recovery OS can route invoice timing, required-information, rate and event-date issues through an evidence-backed review. Regulatory defects remain review-only unless the rule pack and invoice facts support a monetary candidate.

Educational information, not legal advice. Recovery OS does not automatically file an FMC complaint or carrier dispute.

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