Can an ocean carrier charge per diem if the marine terminal refused empty return?

No. Under the FMC Incentive Principle and OSRA-22 rules, per diem cannot be assessed on days when marine terminal gates are closed, dual-transaction rules prevent drop-offs, or no appointment slots are available.

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Ocean Carrier Per Diem Dispute Legal Defense Playbook

Q: What are the Federal Maritime Commission (FMC) OSRA-22 billing rules?

Under OSRA-22 (46 CFR Part 541), ocean carriers and marine terminals must issue detention and demurrage invoices within 30 calendar days of when charges stop accruing, include 13 mandatory statutory elements, and provide at least 30 days to dispute.

Intermodal drayage legal defense manual: leverage FMC Ocean Shipping Reform Act (OSRA-22) statutory requirements, establish immutable gate appointment logs, and overturn unfair steamship line per diem invoices.

30-Day Mandatory Invoicing Rule

Under 46 CFR Part 541, ocean carriers must issue detention/demurrage invoices within 30 calendar days of when charges stop accruing. Invoices issued on Day 31 or later are legally void under federal law.

Terminal Empty Return Lockouts

Steamship lines cannot assess per diem on calendar days when the marine terminal or rail ramp refused empty container returns due to gate closures, dual-transaction mandates, or lack of appointment slots.

Automated FMC Dispute Packages

Exspeedite aggregates EIR gate interchange receipts, port appointment rejection screenshots, and container GPS dwell timestamps into a 1-click FMC-compliant dispute packet.

FMC OSRA-22 Per Diem Dispute Audit Simulator

Days from Return Date to Invoice Received OSRA-22 Statutory Limit: 30 Calendar Days

Number of Days Empty Return Was Refused Port closed, no appointments, dual-transaction refusal

Daily Ocean Carrier Per Diem Rate ($)

FMC OSRA-22 Legal Validity & Recoverable Dispute Amount:

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FMC OSRA-22 Mandatory Invoice Elements Audit

OSRA-22 Requirement	Statutory Mandate (46 CFR § 541.6)	Common Carrier Violation	Carrier Remedy Under FMC Rules
30-Day Invoicing Clock	Invoice must be transmitted within 30 days of container return	Invoices sent 45 to 90 days post-interchange	Billed party is completely excused from payment obligation
Free Time Start & End Dates	Must clearly itemize container free time period	Lump-sum per diem without specific date breakdown	Immediate dispute filing for non-compliant billing format
Terminal Gate Availability	Must certify container return was physically possible	Billing per diem during terminal weekend gate closures	Automatic deduction of closed-gate calendar days
30-Day Dispute Window	Must provide billed party at least 30 days to dispute	Demand payment in 7 or 14 days under threat of credit hold	Report carrier to FMC Bureau of Enforcement & Compliance

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