FMC Won't Issue Emergency Data Sharing Order
Despite urging from industry, the Federal Maritime Commission won’t issue an emergency order requiring carriers and terminal operators to share new cargo information with shippers. The FMC conducted a “careful review of market conditions” and public comments but “found circumstances currently do not warrant invoking temporary emergency authority, and the commission will not be issuing an emergency order at this time,” Tara Nielsen, counsel for the FMC’s office of managing director, said during a Jan. 25 FMC meeting.
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Nielsen said the FMC can still decide to issue the emergency order through Dec. 16. The commission “will continue to monitor conditions and may consider in the future whether an emergency order will be issued,” she said.
The FMC in August sought public comments on whether it should have issued the order, which could have required ocean carriers and terminals to share certain cargo data directly with “relevant shippers, rail carriers, or motor carriers” to help make loading and cargo transportation more efficient (see 2208120023). The order -- outlined in the Ocean Shipping Reform Act -- can be issued only if the FMC determines that supply chain congestion has created “an emergency situation” and is substantially hurting the international transportation supply system.
More than a dozen motor carriers and logistics companies last year asked the FMC to issue the order. Several said inadequate information sharing has created an emergency that is hurting their operations and restricting cargo from moving efficiently (see 2208260036).