46 CFR Part 541 · Updated Nov 15, 2026

The FMC's demurrage and detention billing rule, in short

Since May 28, 2024, every demurrage, detention or per diem invoice from an ocean carrier, marine terminal operator or NVOCC must follow 46 CFR Part 541. Two parts of it decide whether you have to pay.

1. The 30-day deadline

A carrier or terminal must issue the invoice within 30 calendar days of the date the charge was last incurred. If it doesn't, "the billed party is not required to pay the charge." §541.7(a)

An NVOCC has 30 days from the date of the invoice it received from its own carrier. §541.7(b)

2. Required invoice contents

Missing any of these "eliminates any obligation of the billed party to pay the applicable charge." §541.5

ItemSection
Bill of lading number(s)541.6(a)(1)
Container number(s)541.6(a)(2)
Port(s) of discharge (imports)541.6(a)(3)
Why the billed party is the proper party541.6(a)(4)
Invoice date and due date541.6(b)(1–2)
Free time in days, with start and end dates541.6(b)(3–5)
Container availability date (imports)541.6(b)(6)
Earliest return date (exports)541.6(b)(7)
Specific dates charged541.6(b)(8)
Total amount due541.6(c)(1)
Tariff, terminal schedule or contract rule the rate is based on541.6(c)(2)
The specific rate(s) under that rule541.6(c)(3)
Contact for questions, mitigation, refund or waiver541.6(d)(1)
Link or QR code to a public page on how to dispute541.6(d)(2)
Defined timeframes to dispute and to resolve541.6(d)(3)
Certification that charges follow FMC rules, incl. 46 CFR 545.5541.6(e)(1)
Certification that the carrier's performance didn't cause the charges541.6(e)(2)

3. Dispute timelines

What changed. On Sept 23, 2025, the D.C. Circuit set aside §541.4, the section that limited who could be billed. The FMC removed it effective Dec 29, 2025. The deadline and required-contents rules above remain in force.

Sources

  1. eCFR, 46 CFR Part 541 (current text)
  2. Final rule, 89 FR 14330 (Feb 26, 2024)
  3. Effective date notice, 89 FR 41895 (May 14, 2024)
  4. Removal of §541.4, 90 FR 60579 (Dec 29, 2025)
  5. FMC guidance on charge complaints

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