Comments Due Soon on FMC Emergency Order

The Ocean Shipping Reform Act, better known as OSRA 2022, became law earlier this year. Section 18 of OSRA 2022 requires that the Federal Maritime Commission (“FMC”) issue a request for information seeking public comment regarding the benefits of issuing an emergency order requiring common carriers and marine terminal operators (MTOs) to share key information with shippers, truckers, and railroads. On August 15, 2022, the FMC published in the Federal Register their Request for Information.

The FMC is looking for public comments on the following issues:

• Whether congestion of the carriage of goods created an emergency situation of a magnitude such that there exists a substantial, adverse effect on the competitiveness and reliability of the international ocean transportation supply system
• Whether an emergency order under Section 18 of OSRA 2022 would alleviate or improve such an emergency situation
• the appropriate scope (duration and geographic) of such an emergency order

The Federal Register also advises that the FMC may also consult with other Federal departments and agencies with expertise relating to maritime and freight operations.

Interested parties should submit comments on or before September 14, 2022. Information on how to submit comments can be found in the Federal Register Notice. You may read the comments submitted here. We encourage all interested parties to submit comments timely as it is not guaranteed that the FMC will consider late comments.