Freight Pulse & Law Update - 12:00: Cross-Border Capacity Tightens as FMC Billing Rules Put Shippers on Notice
Northbound U.S.–Mexico capacity is tightening around Laredo as a shortage of qualified B-1 drivers limits cross-border truck availability. At the same time, FMC billing rules and elevated ocean congestion demand closer documentation and faster exception management.
What should shippers monitor this week?
Border capacity: Treat Laredo northbound freight as structurally constrained. Build additional lead time, confirm B-1-qualified capacity early, and evaluate border transload options with U.S. domestic carriers.
FMC invoices: The active demurrage and detention requirements still require accurate, sufficient, and specific information, along with compliance with applicable 30-day issuance deadlines. If required information is missing, the billed party’s obligation to pay can be eliminated. The D.C. Circuit vacated the rule limiting who may receive an invoice; no replacement limitation is currently in place.
The D.C. Circuit separately upheld the FMC’s unreasonable-refusal-to-deal framework. Carriers’ documented export policies, pricing, negotiation conduct, and legitimate transportation factors may be evaluated as evidence of bad faith under the totality of circumstances. Review the FMC decision.
Global port queues now exceed 4.31 million TEUs, while Panama Canal capacity is scheduled to fall to 34 daily transits, then 32. Recheck vessel schedules, routing assumptions, and landed-cost exposure.
Preserve bills of lading, delivery appointments, free-time records, and invoice correspondence.
Require carriers to substantiate accessorial charges and disputed delays.
Maintain alternate border, port, and intermodal plans.
Keep fleets inspection-ready after CVSA Brake Safety Week, August 23–29: verify brake adjustment, drums, rotors, air leaks, ABS, warning systems, and maintenance records under DOT requirements.
This is general legal information, not legal advice. Lanta Logistics supports third party logistics providers and growing brands with 3PL fulfillment services, inventory management for ecommerce, and Mid-Atlantic fulfillment from its 3PL Maryland, food-grade warehouse, Hazmat certified 3PL, and Glen Burnie warehouse operations. Pair execution with FlowOps by Lanta for real-time supply chain visibility through one warehouse management system and logistics software platform.
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