Sec. 180016. Temporary emergency authority
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/bill/117/hr/4521/eh/section-180016A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 30 days after the date of enactment of this Act, the Federal Maritime Commission shall issue a request for information seeking public comment regarding— whether congestion of the common carriage of goods has 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 described in subsection
(b)would alleviate such an emergency situation; and the appropriate scope of such an emergency order, if applicable. During the public comment period under paragraph (1), the Commission may consult, as the Commission determines to be appropriate, with— other Federal departments and agencies; and persons with expertise relating to maritime and freight operations. On making a unanimous determination described in subsection (c), the Commission may issue an emergency order requiring any common carrier or marine terminal operator to share directly with relevant shippers, rail carriers, or motor carriers information relating to cargo throughput and availability, in order to ensure the efficient transportation, loading, and unloading of cargo to or from— any inland destination or point of origin; any vessel; or any point on a wharf or terminal. A determination referred to in subsection
(b)is a unanimous determination by the Commission that congestion of common carriage of goods has 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. In issuing an emergency order under subsection (b), the Commission shall ensure that such order includes parameters relating to temporal and geographic scope, taking into consideration the likely burdens on ocean carriers and marine terminal operators and the likely benefits on congestion relating to the purposes described in section 40101 of title 46, United States Code. A common carrier or marine terminal operator subject to an emergency order issued under this section may submit to the Commission a petition for exception from 1 or more requirements of the emergency order, based on a showing of undue hardship or other condition rendering compliance with such a requirement impractical. Not later than 21 days after the date on which a petition for exception under paragraph
(1)is submitted, the Commission shall determine whether to approve or deny such petition by majority vote. The requirements of an emergency order that is the subject of a petition for exception under this subsection shall not apply to a petitioner during the period for which the petition is pending. An emergency order issued under this section shall remain in effect for a period of not longer than 60 days. The Commission may renew an emergency order issued under this section for an additional term by a unanimous determination by the Commission. The authority provided by this section shall terminate on the date that is 2 years after the date of enactment of this Act. In this section: The term common carrier has the meaning given such term in section 40102 of title 46, United States Code. The term motor carrier has the meaning given such term in section 13102 of title 49, United States Code. The term rail carrier has the meaning given such term in section 10102 of title 49, United States Code. The term shipper has the meaning given such term in section 40102 of title 46, United States Code.