FMC Denies Maersk Emergency Fuel Surcharge for Third Time

The Federal Maritime Commission has rejected Maersk's third request for emergency waiver of the standard 30-day waiting period for fuel surcharges, citing insufficient disclosure of business justification. The denial comes as geopolitical tensions—specifically the Iran conflict and Strait of Hormuz closure—have driven Very Low Sulfur Fuel Oil (VLSFO) prices from $509 to $929 per metric ton across top 20 global ports in a single month. FMC Chair Laura DiBella emphasized that while she understands carriers' cost pressures, both shippers and regulators expect liners to have been better prepared given the foreseeable risks around diplomatic tensions and potential military action.

This regulatory stance creates friction between operational necessity and policy stability. Maersk and other carriers face an asymmetric problem: rapidly escalating input costs during annual contract negotiations with major shippers, yet constrained ability to pass through emergency surcharges without bureaucratic approval delays. The FMC's stance signals that geopolitical hedging is now a compliance expectation, not a business excuse.

For supply chain professionals, this underscores two critical risks: (1) ocean freight pricing will remain volatile and unpredictable without regulatory agility during crisis periods, and (2) carriers may absorb costs initially, creating margin compression that could later translate to service reductions or capacity constraints. Shippers should anticipate extended contract negotiation timelines and prepare alternative routing or modal strategies if fuel price volatility recurs.