Freight Pulse & Law Update: Port Congestion, Jones Act Waiver, and Brake Safety Week

As of August 26, 2026, shippers face simultaneous ocean-capacity constraints, tighter Jones Act waiver procedures, and heightened commercial-vehicle brake inspections.

Why are port and canal disruptions raising supply chain risk?

Zencargo’s August 25 market update reports that global port congestion has reportedly reached approximately 4.3 million TEU, surpassing the 2022 backlog peak. That volume threatens vessel schedules, equipment positioning, terminal availability, and inventory replenishment.

The FreightWaves Panama Canal report notes that daily transits will fall from 36 to 34 beginning September 4, then to 32 on September 15. Panamax slots decline from 25 to 23 while Neopanamax capacity remains at nine.

What changed in the Jones Act waiver?

The Jones Act waiver extension runs from August 17 through November 15, 2026. The revised framework narrows eligibility to a reduced HTS-code and commodity list and requires a mandatory, pre-voyage Vessel Availability Request.

Before using a foreign-flag vessel for covered U.S. domestic cargo, parties should:

• Confirm the cargo’s HTS code appears on the applicable list.

• Submit vessel, owner, operator, ports, dates, cargo, quantity, and shipment-frequency details.

• Explain why the movement serves the national-defense interest.

• Coordinate the MARAD market survey and CBP notification process before sailing.

Review the Norton Rose Fulbright shipping-law resources and CBP guidance. Do not treat prior approval as permission for a separate voyage.

What should carriers do during Brake Safety Week?

CVSA’s official announcement places Brake Safety Week on August 23–29, with special attention to brake drums and rotors. Complete documented pre-trip and post-trip inspections, focusing on cracks, damage, missing components, and unsafe wear.

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