The Federal Maritime Commissioner recently released a Request for Information regarding whether congestion of the carriage of goods has created an emergency situation in the ocean transportation supply system.
 
The Request implements a provision of the Ocean Shipping Reform Act which authorizes the FMC to issue an emergency order requiring that common carriers or marine terminal operators share certain information with shippers, motor carriers and others if the agency determines that an emergency situation exists.  
 
The Federal Maritime Commission is seeking information on three major questions:

American Trucking Association's IMCC is seeking member input regarding these questions - especially regarding how such an emergency order could ease the current situation - in order to file comments

• All notices from MTO’s and ocean carriers should be posted and archived to be accessible at later dates by motor carriers as evidence in charge disputes.
• Empty return information:
  • Total number of empty returns being accepted at a particular location
  • Total number of containers on last free day
  • Number of appointments available for each type of move
  • Must notify motor carriers when appointments are no longer available or booked
  • Any restrictions being applied to empty returns or pickups (i.e. double moves)
• MTO’s must provide notice whenever they are temporarily closed for any reason during normal business hours such as congestion, traffic control or other reasons.
• Detention invoices must include negotiated free time provisions that differ from the published UIIA addendums.
• Notifications from ocean carriers regarding changes to sailing schedules that impact earliest return date.