FMC Vs Evergreen: Why Today’s 14:00 Freight Pulse Just Changed Detention Billing for 3PLs

The Federal Maritime Commission’s (FMC) latest remand in the Evergreen saga has officially upended how ocean carriers can charge for detention. If your 3PL is still paying for containers stuck behind closed gates, you are essentially leaving money on the table.

The D.C. Circuit recently clarified the "incentive principle," reinforcing that detention charges are only lawful if they actually incentivize cargo movement. In the wake of the Evergreen remand, the FMC confirmed that billing for days when a terminal is physically closed: preventing a container return: is "unjust and unreasonable." For any 3PL Maryland operator or Mid-Atlantic fulfillment center, this is a massive win for the bottom line. It shifts the burden of proof back to the carriers to justify every cent of detention.

Simultaneously, the OSRA 2022 Final Rule remains a powerful hammer for shippers. Ocean carriers must now issue detention and demurrage invoices within 30 calendar days. If they miss that window or fail to include mandatory data points like container IDs and specific rate structures, the billed party has zero obligation to pay. While a 2025 court ruling recently vacated the strict limitations on who can be billed: allowing carriers to once again target motor carriers under specific contracts: the clock and the data requirements stay in full effect.

At Lanta Logistics, we manage these complexities so you don't have to. Whether you are moving goods through a food-grade warehouse or require a Hazmat certified 3PL, our team ensures your supply chain isn't drained by non-compliant invoices. From our Glen Burnie warehouse, we provide the real-time visibility needed to audit every carrier invoice against actual terminal availability.

Stop overpaying for carrier inefficiencies and start holding your partners accountable. Contact Lanta Logistics today to streamline your Mid-Atlantic fulfillment operations and protect your margins.