FMC: Emergency fuel surcharges cannot be added arbitrarily

Last week, Laura DiBella, Chair of the U.S. Federal Maritime Commission (FMC), issued a personal statement rejecting certain shipowners’ requests to be exempt from the requirement to provide 30 days’ advance notice for the imposition of the Emergency Bunker Surcharge (EBS/EFS) on the U.S. trade lane—once again underscoring the reality that, in today’s U.S. maritime enforcement environment, it is no longer friendly to shipowners.

Unlike other trade lanes where carriers can raise rates or introduce new surcharges at any time, the FMC requires shipowners to file in advance 30 days. In emergency situations, shipowners may apply for a waiver (special permission). For example, the most recent waiver was the Red Sea crisis in early 2024: after Houthi attacks on merchant vessels, shipping companies were forced to detour around South Africa. After costs rose, an emergency surcharge was introduced, and the FMC quickly approved shipowners’ application, allowing the surcharge to begin without waiting until 30 days later.

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