Freight Pulse & Law Update: Record Port Queues, Jones Act Waiver Extension, and Tightening Capacity

Freight is tightening on both water and land. Global port queues have reached a record 4.3 million TEUs, while U.S. trucking capacity is shrinking ahead of Q4.

What is driving the port congestion?

Global congestion has reached approximately 4.3 million TEUs at anchor or waiting to berth, surpassing pandemic-era highs. Asian port delays, Typhoon Saudel, and Panama Canal capacity constraints are restricting flow. Shanghai–New York spot rates have reached $9,507 per 40-foot container, according to market reporting from Port Technology.

Is trucking capacity tightening?

The U.S. trucking freight recession is ending as regulatory changes and driver shortages remove capacity. Truckload spot rates are materially higher year over year; diesel is averaging $5.652 per gallon, while major parcel carriers are applying structural fuel surcharges. RXO’s market outlook warns of further haulage increases and advises shippers to secure Q4 capacity now.

What changed in the Jones Act waiver?

The Jones Act waiver runs August 17 through November 15, 2026. Covered cargo must be loaded by 11:59 p.m. ET on November 15. The eligible list has narrowed from 600-plus HTS codes to 237, covering petroleum, LNG, LPG, fertilizers, and chemicals.

Each foreign-flag move now requires a pre-voyage Vessel Availability Request to DOW, MARAD, and CBP. MARAD will survey U.S.-flag vessel availability before approval. Holland & Knight’s analysis also summarizes the August 11 IRS guidance: voyage income generally does not qualify for Section 883 and must be reported on Form 1120-F. Submit post-voyage reporting to MARAD within 10 days.

What should shippers do now?

• Secure Q4 truckload and parcel capacity early.

• Recalculate landed costs, fuel surcharges, and inventory buffers.

• Preserve waiver approvals, cargo classifications, and voyage records.

• Prepare equipment and inspection files for CVSA Brake Safety Week.

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