FMC: Emergency fuel surcharges cannot be added arbitrarily

WealthCoffee · 2026-04-04T02:11:27+00:00

Chairwoman Laura DiBella of the U.S. Federal Maritime Commission rejected the shipowners' request for exemption from the 30-day advance notice requirement, indicating an enforcement environment unfavorable to shipowners. The U.S. line must file in advance, and exemptions can be requested in emergency situations.

WealthCoffee

2026-04-04 02:11:27

Abstract generation in progress

Last week, Laura DiBella, Chair of the U.S. Federal Maritime Commission (FMC), issued a personal statement rejecting some shipowners’ requests to exempt the American-line Emergency Bunker Surcharges (EBS/EFS) from a 30-day advance-notice requirement. This once again underscored the reality that the current enforcement environment for U.S. shipping is no longer friendly to shipowners.

The American line is not like other routes where carriers can raise prices or introduce new surcharges at any time. The FMC requires shipowners to file备案 at least 30 days in advance. In emergencies, shipowners may apply for an exemption (special permission). For example, the most recent exemption was the Red Sea crisis in early 2024, when Houthi attacks on merchant vessels forced shipping companies to reroute via South Africa. After costs rose, the industry introduced an emergency surcharge. The FMC quickly approved the shipowners’ application then, so they did not have to wait until after 30 days to begin charging the surcharge.

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