Sec. 18. TEMPORARY EMERGENCY AUTHORITY

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## SEC. 18 TEMPORARY EMERGENCY AUTHORITY ###

(a)Definitions In this section: ####

(1)Common carrier The term “common carrier” has the meaning given the term in section 40102 of title 46, United States Code. ####

(2)Motor carrier The term “motor carrier” has the meaning given the term in section 13102 of title 49, United States Code. ####

(3)Rail carrier The term “rail carrier” has the meaning given the term in section 10102 of title 49, United States Code. ####

(4)Shipper The term “shipper” has the meaning given the term in section 40102 of title 46, United States Code. ###

(b)Public Input on Information Sharing ####

(1)In general Not later than 60 days after the date of enactment of this Act, the Federal Maritime Commission shall issue a request for information, seeking public comment regarding— #####

(A)whether congestion of the 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; #####

(B)whether an emergency order under this section would alleviate such an emergency situation; and #####

(C)the appropriate scope of such an emergency order, if applicable. ####

(2)Consultation During the public comment period under paragraph (1), the Commission may consult, as the Commission determines to be appropriate, with— #####

(A)other Federal departments and agencies; and #####

(B)persons with expertise relating to maritime and freight operations. ###

(c)Authority To Require Information Sharing On making a unanimous determination described in subsection (d), 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— ####

(1)any inland destination or point of origin; ####

(2)any vessel; or ####

(3)any point on a wharf or terminal. ###

(d)Description of Determination ####

(1)In general A determination referred to in subsection

(c)is a unanimous determination by the commissioners on the Commission that congestion of 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. ####

(2)Factors for consideration In issuing an emergency order pursuant to subsection (c), the Commission shall tailor the emergency order with respect to temporal and geographic scope, taking into consideration the likely burdens on common 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. ###

(e)Petitions for Exception ####

(1)In general A common carrier or marine terminal operator subject to an emergency order issued pursuant to 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 impracticable. ####

(2)Determination The Commission shall make a determination regarding a petition for exception under paragraph

(1)by— #####

(A)majority vote; and #####

(B)not later than 21 days after the date on which the petition is submitted. ####

(3)Inapplicability pending review The requirements of an emergency order that is the subject of a petition for exception under this subsection shall not apply to the petitioner during the period for which the petition is pending. ###

(f)Limitations ####

(1)Term An emergency order issued pursuant to this section— #####

(A)shall remain in effect for a period of not longer than 60 days; but #####

(B)may be renewed by a unanimous determination of the Commission. ####

(2)Sunset The authority provided by this section shall terminate on the date that is 18 months after the date of enactment of this Act. ####

(3)Investigative authority unaffected Nothing in this section shall affect the investigative authorities of the Commission as described in subpart R of part 502 of title 46, Code of Federal Regulations.