October 12, 2026 admin

Retailers say extended peak shipping season winding down


Penske request for en banc hearing gets pushback from victim’s estate

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Monday · October 12, 2026
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Lead Story

Retailers say extended peak shipping season winding down

2.3M
August TEUs, likely 2026’s busiest month
2.28M
September forecast, lowered from 2.31M
25.8M
2026 TEU forecast, up 1.4% from 2025

The peak season for U.S. container imports is winding down after an unusually long stretch of elevated volumes, according to the National Retail Federation and Stuart Chirls’ reporting. The latest Global Port Tracker, produced by NRF and Hackett Associates, indicates August was likely the busiest month of 2026, replacing September as the anticipated peak. Ports covered by the report handled 2.3 million TEUs in August, up 0.4% from July and down 0.7% from August 2025.

September’s forecast was lowered to 2.28 million TEUs from 2.31 million, which would still be up 8.2% year over year. October is forecast at 2.25 million TEUs, up 8.5%, before volume falls to 2 million TEUs in November. Full-year 2026 imports at the covered ports are forecast at 25.8 million TEUs, up 1.4% from 2025. Hackett Associates founder Ben Hackett said imports have been supported by strong consumer spending despite weakening economic indicators, declining consumer confidence and rising inflation.

NRF’s Jonathan Gold, vice president for supply chain and customs policy, said, "Even with any fluctuations in final data, we’re likely past the busiest part of the year." He added that "the peak season started early and was stretched out through the summer and early fall." Gold also said most holiday merchandise has arrived, with last-minute replenishment and preparation for early 2027 driving the rest of the year’s shipments.

Why It Matters

The tracker puts the peak behind the industry, with August as the high point and November forecast at 2 million TEUs. Year-over-year comparisons swing from down 0.7% in August to up 8.2% in September, so the month-to-month trend says more than the percentages.

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Top Stories

Penske request for en banc hearing gets pushback from victim’s estate

Plaintiffs tied to the estate of Lyndon Dean Meyer filed opposition to Penske’s request for an en banc hearing, according to John Kingston’s reporting. Meyer was killed the day after Christmas 2018 on Highway 202 in Bee County, Texas, when a truck operated by OK Trans crashed into his vehicle. Penske Logistics was hired by Adient, Penske Transportation Management brokered the load to Liberty Lane, and Liberty Lane brokered it to OK Trans. The Southern District of Texas found for the Penske companies on liability, but the Fifth Circuit reversed and held Penske Logistics vicariously liable for the OK Trans driver as a statutory employer. Penske’s petition calls the ruling "a first in the annals of trucking law," while the plaintiffs say, "This case doesn’t warrant rehearing en banc." The American Trucking Associations and Truckload Carriers Association filed a joint amicus brief supporting Penske, as did the Trucking Industry Defense Association.

Why It Matters

Both sides’ arguments are now in on whether the full court should review a ruling that held a logistics company vicariously liable as a statutory employer. Penske says its agreement was with PTM, not the truck’s operator, while the plaintiffs argue it had an arrangement with the operator.

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US West Coast container rates edge lower

Asia-U.S. West Coast spot rates slipped $2 per 40-foot container on Oct. 7, the first daily decline since mid-September, according to Stuart Chirls’ reporting on Xeneta data, and still sat 1.1% above their Sept. 30 level at $8,336. In the Europe trades, Asia-Mediterranean rates averaged $4,007, down 5.9% from Sept. 30, and Far East-North Europe averaged $3,645, down 2.5%. Since July 1, market-average spot rates have fallen 43% on the Mediterranean trade and 34% on Far East to North Europe. Xeneta Chief Analyst Peter Sand said "falling short-term rates are a welcome development" for European shippers in tender season.

Why It Matters

The article notes demand has stayed strong, particularly into Europe, but cannot keep growing at double-digit rates indefinitely. As demand eases, competition for vessel capacity is decreasing.

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AV truck fleets win 5-year exemption on warning beacons

FMCSA’s five-year exemption, signed by Administrator Derek Barrs, lets Level 4 autonomous truck carriers use cab-mounted warning beacons in place of reflective triangles through Oct. 7, 2031, according to Thomas Wasson’s reporting. Aurora Operations is covered, and other Level 4 carriers must email FMCSA before starting, certifying under penalty of perjury. Crashes while beacons are on, or should have been on, must be reported within five calendar days, and annual malfunction and power reports are due Nov. 1. During an earlier waiver from Oct. 10, 2025, through Jan. 9, 2026, 34 Aurora trucks traveled more than 500,000 miles with no faults, malfunctions or power issues reported. OOIDA and the Truck Safety Coalition opposed the exemption. Bart Teeter of Bot Auto said it "will give the autonomous freight industry a key piece of regulatory certainty that will allow us to continue to scale safely."

Why It Matters

FMCSA said it lacks data showing triangles significantly improve driver reaction time, and that updating warning device rules for all commercial vehicles "may be ripe for future regulatory action."

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Orlando trucking owner pleads guilty in $1M USPS freight auction fraud

Khayyam Arif Oglu Farajov, 40, who operated Talishco LLC in Orlando, Florida, pleaded guilty to one count of wire fraud and one count of money laundering, admitting he collected payments after USPS reassigned mail routes his company never transported, according to Phil Brink’s reporting. Prosecutors say he won hundreds of contracts through the USPS Freight Auction between June 2022 and January 2023 and collected more than $1 million. Restitution is $993,979, plus forfeiture of the seized brokerage accounts, and each count carries a maximum of 20 years. A 2024 federal audit of fiscal 2022-2023 identified 69,225 paid trips totaling about $197.9 million that lacked reliable proof-of-delivery support. USPS later said it found records supporting about $195 million.

Why It Matters

Sentencing has not been scheduled. The article says digital freight platforms still depend on accurate information linking online activity to physical transportation.

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