Freight Pulse & Law Update - 10:00: Jones Act Waiver Tightens & Transpacific Rates Climb
The Jones Act waiver now covers a narrower set of commodities and requires voyage-by-voyage vessel availability requests. At the same time, a federal appeals court reinforced the FMC’s freight-fluidity standard for detention fees, while transpacific spot rates rise amid port, trucking, and rail bottlenecks. Shippers should tighten documentation, routing plans, and cost controls now.
What changed under the Jones Act waiver?
The latest 90-day Jones Act waiver extension runs from August 17 through November 15, 2026. It allows qualifying foreign-flag vessels to move certain commodities between U.S. ports when the waiver’s conditions are satisfied.
This extension is more restrictive than earlier versions. The eligible commodity list has been reduced from more than 600 HTS codes to 237 codes, with coverage concentrated around energy commodities, fertilizers, and selected agricultural inputs.
Covered cargo must be loaded no later than 11:59 p.m. Eastern Time on November 15. A shipment loaded after that deadline may not qualify, even if the vessel begins its voyage later.
Which commodities remain eligible?
Shippers should verify the exact HTS classification before scheduling a coastwise move. Do not assume that a general product category qualifies.
Key retained categories include:
Petroleum products
Liquefied natural gas
Liquefied petroleum gas
Fertilizers
Selected energy-related commodities
Certain agricultural inputs
The revised list removes or limits coverage for several industrial and chemical categories, including coal products, solvents, lubricants, hydraulic fluids, methanol, and multiple organic and inorganic compounds.
Review the latest Jones Act waiver reporting from Reuters and MARAD domestic shipping resources before relying on foreign tonnage.
What is the new Vessel Availability Request?
The waiver now requires a mandatory Vessel Availability Request before a shipper uses a foreign-flag vessel for a covered coastwise movement.
The request must be submitted before the voyage and coordinated with:
The U.S. Department of War
The U.S. Maritime Administration
U.S. Customs and Border Protection for situational awareness
MARAD may conduct a market survey of available coastwise-qualified vessels. The Department of War then determines whether the proposed voyage meets the waiver’s requirements.
Build a repeatable compliance file for every movement. Include:
The product description and HTS classification
The applicable waiver period
Vessel name, flag, ownership, and coastwise status
Vessel Availability Request correspondence
MARAD market-survey results
Department of War determination
CBP records
Loading date and port documentation
Post-voyage reporting records
This process matters for energy companies, fertilizer distributors, chemical shippers, and a Hazmat certified 3PL coordinating multiple ports and transportation modes. An incorrect HTS code or incomplete request can force a last-minute vessel change, delay loading, or create avoidable storage and demurrage costs.
What did the Court of Appeals decide about detention fees?
The D.C. Circuit Court of Appeals upheld an FMC decision stating that detention fees must promote freight fluidity. The ruling reinforces that detention and demurrage charges should encourage the efficient movement of cargo and equipment: not operate as automatic penalties when a trucker or shipper cannot reasonably complete the required action.
The case involved detention charges assessed during a three-day port closure over a holiday weekend. Because the trucker had no practical ability to return the container and chassis, the FMC concluded that the fees could not incentivize equipment movement.
The court affirmed that reasoning and rejected the carrier’s challenge.
Read the Court of Appeals coverage of the FMC decision and review the FMC’s detention and demurrage resources.
What does the ruling mean for shippers and carriers?
The decision creates a clearer framework for reviewing disputed charges:
Was the container physically available for return?
Was the terminal open and accepting equipment?
Did appointment shortages prevent the return?
Did customs, carrier, or terminal actions cause the delay?
Did the party being billed control the movement?
Did the fee actually promote cargo or equipment flow?
Carriers should document the operational purpose and cost basis of detention charges. Truckers and shippers should preserve terminal notices, appointment records, emails, gate logs, and closure announcements.
Use a disciplined audit process:
Match every charge to the container, chassis, terminal, and free-time period.
Identify who controlled the next required action.
Record closures, appointment failures, customs holds, and carrier errors.
Challenge charges that were impossible to avoid or lacked sufficient documentation.
Track recurring disputes by carrier, port, customer, and root cause.
Why are transpacific container rates climbing?
Transpacific container spot rates are rising sharply in August as carriers implement general rate increases, U.S. import demand remains strong, and port and inland networks struggle to absorb irregular volumes.
Recent market reports place approximate spot levels at:
Asia to U.S. West Coast: $6,800–$7,400 per FEU
Asia to U.S. East Coast: $8,700–$9,400 or more per FEU
Shanghai to Los Angeles: Approximately $5,900–$6,200 per FEU in recent index readings
Shanghai to New York: Approximately $7,900–$8,700 per FEU, depending on the index and timing
These are market snapshots, not universal quotes. Actual pricing depends on carrier, port pair, equipment, service level, contract allocation, fuel terms, and accessorial charges.
See the latest transpacific rate reporting from CommoPLast and Global Container Network data.
How are port, trucking, and rail bottlenecks connected?
Delays at Asian export hubs are pushing cargo into later sailings, creating volume bunching. Weather and operational constraints have caused reported delays of several days at major ports, compressing available capacity when carriers are applying higher rates.
The inland consequences can spread quickly:
More containers discharge in compressed waves.
Drayage providers face uneven appointment demand.
Chassis and truck availability tighten near major gateways.
Rail ramps receive irregular surges instead of predictable flows.
Importers face higher storage, detention, and transload exposure.
Inland equipment shortages reduce routing flexibility.
Shippers should model the full landed cost: not just the ocean rate. A cheaper port option may become more expensive if rail service is unreliable, drayage appointments are scarce, or warehouse capacity is unavailable after discharge.
For brands using outsourced fulfillment services, the answer is better coordination across transportation, receiving, inventory, and customer orders. A delayed container should trigger an updated inbound estimate, inventory-risk alert, and fulfillment plan: not a spreadsheet chase.
What should shippers do before the next inspection and rate cycle?
The Department of Transportation and partner agencies will conduct the 2026 CVSA Brake Safety Week from August 23–29, with inspections focused on commercial vehicle brake systems, including brake drums, rotors, and air disc brake components. Review the CVSA brake safety campaign information and confirm that transportation partners are inspection-ready.
Use this checklist:
Verify vehicle maintenance and brake inspection records.
Confirm driver qualification and hours-of-service compliance.
Review carrier insurance, hazmat credentials, and safety ratings.
Secure alternate drayage and intermodal capacity for constrained gateways.
Recheck ocean allocations and transpacific booking windows.
Audit detention and demurrage invoices weekly.
Map Jones Act cargo to the 237 eligible HTS codes.
Prepare Vessel Availability Request templates and approval workflows.
Build inventory buffers for priority SKUs and seasonal products.
A centralized warehouse management system, transportation workflow, and real-time exception record make these steps easier to execute. FlowOps by Lanta is an operator-built logistics software platform that connects inventory, warehouse activity, routing, dispatch, billing, and customer visibility in one operating environment.
For third party logistics providers, supply chain management companies, and growing e-commerce brands, that visibility supports faster decisions when rates shift or compliance requirements change. It also strengthens inventory management for ecommerce operations that depend on accurate inbound dates and fast order fulfillment.
Lanta Logistics provides 3PL fulfillment services, transportation, warehousing, and Mid-Atlantic fulfillment from its Glen Burnie warehouse, including specialized support for food-grade operations and regulated freight. Explore Lanta Logistics services, review FlowOps by Lanta, or contact the team to build a more resilient supply chain plan.
This article is for general informational purposes and does not constitute legal, tax, or regulatory advice.
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