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Act Waiver

How Difficult is it to Obtain a Jones Act Waiver?

The American Salvage Association’s Jon Waldron provides the ultimate cabotage primer. There always seems to be constant chatter about waiving the Jones Act. In reality, it is a simple task to demystify the thought that it is easy to obtain such waivers. To set the stage, in one of her first press conferences after taking the chairmanship of the Senate Energy Committee, Senator Mary Landrieu exclaimed that “Waiving the Jones Act literally hands over work to foreign shippers.”  The fact that Senator Landrieu’s comments were not directed against any potential waiver of the Jones Act shows the controversy that Jones Act waivers can rise in the maritime and energy sectors.  In reality, however, there exists a misconception amongst many about the ease of obtaining a waiver to the Jones Act.   Accordingly, this article will discuss the requirements for obtaining a waiver, analyze key past Jones Act waivers, and look to possibilities for future Jones Act waivers. Jones Act Waivers in Law and Practice The Jones Act prohibits the “transportation of merchandise by water, or by land and water, between points in the United States . . . either directly or via a foreign port” unless the vessel was built in the United States and is U.S.-owned and registered under the U.S.-flag (commonly called “coastwise vessels”)


MARAD: Jones Act Waiver Reporting Requirements

Maritime Administration Reporting Requirements For The Special Purpose Jones Act Waiver.   Hurricane Sandy Special-Purpose Jones Act Waiver Reports to Maritime Administration as Required by Waiver   On November 2, 2012, the Department of Homeland Security, in consultation with the US Department of Energy and the Maritime Administration, issued a waiver of the Jones Act to allow non U.S.-flagged oil tankers coming from ports in the Gulf Coast Petroleum Administration for Defense


OP/ED: Actions Speak Louder Than Words

Thomas Allegretti, President & CEO of the American Waterways Operators (AWO)

On June 27, I testified on behalf of the American Maritime Partnership (AMP) before the House Coast Guard and Maritime Transportation Subcommittee at a hearing that questioned the Administration’s skirting of the Jones Act during last summer’s Strategic Petroleum Reserve (SPR) drawdown.   Members of Congress were keenly interested in understanding how the Administration authorized waivers for foreign flag ships to carry U.S. oil between U.S


Bill Introduced To Protect American Maritime Jobs

Working to create and preserve American jobs, Congressmen Elijah E. Cummings (D, MD-7) and Jeff Landry (R, LA-3) today introduced the American Mariners Job Protection Act (H.R. 3202), a bill with bipartisan support that will increase government transparency surrounding the issuance of waivers allowing non-Jones Act-qualified vessels to carry cargo between U.S. ports.    Under current law, when the head of the agency responsible for the administration of the Jones Act believes


Task Force Opposes Repeal of Jones Act

The Maritime Cabotage Task Force stated that it opposes legislation to repeal the Jones Act, saying that all the McCain bill would do is put more Americans out of work. “The McCain bill proposes to eliminate the very American industry that is helping to clean up the spill - an industry that supports 500,000 U.S. jobs - and outsource that work to foreign workers and foreign companies registered in nations like Liberia and the Marshall Islands that operate outside of American law


Jones Act Waiver Requested for Skimmers to Gulf

(PRNewsFoto/Allegiance Capital Corporation)

Fred McCallister, an investment banker with Allegiance Capital Corporation, sent a letter to Incident Commander Admiral Thad Allen on June 17 asking for a limited waiver of the Jones Act, to enable 12 to 25 foreign flagged skimmer ships to assist in clean-up efforts in the Gulf. "Many in the Gulf have been calling for this equipment, which can collect 3,500 gallons of oil per hour per vessel from Gulf waters. With estimates now at 2


Senator Landrieu Defends Jones Act

Source: wikimedia.org

The United States should strengthen a century-old law designed to protect the domestic shipping industry, rather than relax it under pressure from the energy industry, the chair of the Senate Energy Committee said on Tuesday.   The 1920 Jones Act restricts the delivery of goods between U.S. ports to ships made in the United States and flying the country's flags.   Mary Landrieu, a Louisiana Democrat, said defending the law is one of her top priorities and cautioned the Obama


Interview: David C. Hanby, Jr., President & COO McDonough Marine

David C. Hanby, Jr., President & COO McDonough Marine

David C. Hanby, Jr., President & COO McDonough Marine shares with readers of MarineLink.com his insights on key market drivers for the coming year.    What legislative/political issue do you count as the most important for the marine industry in the next few years? DH: Effective funding of infrastructure improvements of the waterway facilities our industry depends on to provide efficient, safe, environmentally friendly transportation of our nation's commodities


Jones Act Reform Legislation Reintroduced

Senators Sam Brownback (R-Kan.), Jesse Helms (R-N.C.), Pat Roberts (R-Kan.), Richard Lugar (R-Ind.), Conrad Burns (R-Mont.) and Peter Fitzgerald (R-Ill.) reintroduced legislation (S.1032) designed to reform the U.S.-build requirement of the Jones Act. This bill, similar to the one introduced by Brownback last summer, would allow foreign-built dry- and liquid-bulk oceangoing self-propelled ships over 1,000 tons to ply the U.S. Coastwise trade under U.S. flag. The U.S


Sen. McCain Vows Jones Act will be Repealed

Senator John McCain

  Senator John McCain said a more than 90-year-old law that requires ships servicing coastal businesses to be built and mostly staffed by U.S. crews will be repealed sooner or later if lawmakers keep fighting the trade restriction. Oil refiners, and many manufacturers and state governments oppose the Jones Act, saying the requirement increases costs by blocking shipping by cheaper foreign-built and foreign-flagged vessels.


FMC Establishes Regulatory Reform Task Force

 Acting Chairman of the U.S. Federal Maritime Commission (FMC) Michael A. Khouri has designated the agency’s Managing Director, Karen V. Gregory, to serve as Regulatory Reform Officer.   Gregory will stand up a Regulatory Reform Task Force that will work to identify burdensome


The Looming sVGP Deadline

Photo: Alexander Maksimenko

The sVGP and recent ballast water treatment system approvals create another headache for small vessel owners. Steve Candito provides a primer.    The long delayed Small Vessel General Permit (sVGP) legislation is scheduled to come into force on December 18, 2017


Vega Reederei faces Penalty for Ballast Water Discharge

cg emblem

The Coast Guard, after an investigation of ballast water discharge violations, initiated civil penalty proceedings against the operator, Vega Reederei GmbH & Co. KG, of the bulk carrier Vega Mars, Feb. 2, 2017. Investigators found that around Jan


Togo Accedes to Treaties Covering Unlawful Acts at Sea and Anti-fouling

Photo: International Maritime Organization (IMO)

 Togo has acceded to two International Maritime Organization (IMO) treaties dealing with unlawful acts against the safety of maritime navigation, and the control of harmful anti-fouling systems on ships.   The SUA Protocol covers acts including the seizure of ships by force


Alabama Port Signs Agreement with Cuba

Photo by Alabama State Port Authority

 The Alabama State Port Authority has announced a new memorandum of understanding with the National Port Administration of Cuba, potentially laying the groundwork for future trade deals.   The five-year, cooperative agreement  was signed at the Tampa Marriott Waterside Hotel in


FMC Commissioner Doyle Rejects Blanket Authorities for Foreign Ro/Ro Carriers

William P. Doyle

Commissioner William P. Doyle Votes to reject joint contracting authority for Ro/Ro foreign carriers to negotiate collectively for U.S.-Flag tug services.   Doyle's Statement, shown below, says new rules go beyond the scope of the Shipping Act and shipping practices harmful to U.S


Teekay Contemplates Norwegian Bond Issuance

Photo Teekay LNG

Teekay LNG Partners L.P. (Teekay LNG or the Partnership) (NYSE:TGP) announces that it intends to issue new senior unsecured bonds in the Norwegian bond market through an add-on to its existing Norwegian bonds due in October 2021 (TKLNG04 - ISIN: NO0010777089)


New Navy Leaders as Trump Takes Office

The Honorable Sean J. Stackley assumed the responsibilities of acting secretary of the Navy Jan. 20, 2017. (U.S. Navy Photo)

The Honorable Sean J. Stackley assumed the responsibilities of acting secretary of the Navy Jan. 20 at noon. Stackley, who served as the assistant secretary of the Navy (Research, Development and Acquisition) for more than eight years, will carry out the day-to-day responsibilities of the


Euronav Gets Credit Line of $ 410mln

Photo: Euronav NV

 Euronav NV announces has signed a new USD 410 million senior secured amortizing revolving credit facility.    The facility has been made available on 16 December 2016 for the purpose of refinancing 11 vessels as well as Euronav’s general corporate and working capital


Euronav Secures Loan for VLCC Refinancing

Photo courtesy Euronav NV

Tanker shipping company Euronav NV announced it has signed a new $410 million senior secured amortizing revolving credit facility. The facility has been made available on December 16, 2016 for the purpose of refinancing 11 vessels as well as Euronav’s general corporate and working capital


No Operating Income from Hanjin Vessels: Danaos Corporation

Photo: Hanjin Shipping Co. Ltd

 Danaos Corporation reports its results for the third quarter of 2016 in the aftermath of the bankruptcy of Hanjin Shipping, one of Danaos' large customers.    Danaos' CEO Dr. John Coustas says: "As a result of the bankruptcy


SCA Urges Congress to Fund Navy Shipbuilding

Matthew Paxton (Photo: SCA)

U.S. Congress announced this morning that it would likely pass a short-term continuing resolution (CR) extension through March 2017.   Addressing the proposed CR, the Shipbuilders Council of America (SCA) president, Matthew Paxton, issued the following statement.  


Rickmers Maritime: Uncertain Outcome casts Doubt on Business

File Image: CREDIT Rickmers

Rickmers Maritime, a Singapore-listed trust that operates container ships, said it faces the risk of going out of business given the uncertain outcome of its discussions with bondholders and senior lenders about restructuring its debt. The firm said it would not be able to pay an interest of S$4


Tidewater Gets Waiver Extensions

Photo Tidewater

As previously reported, Tidewater Inc. (NYSE: TDW) has been in discussions with its principal lenders and noteholders to amend the company's various debt arrangements to obtain relief from certain covenants. Pending the resolution of those discussions


Dryships Announces Deleveraging Transaction

File photo: Ocean Rig Corcovado and Ocean Rig Olympia naming ceremony at Samsung Heavy Industries

 DryShips Inc., owner of drybulk carriers and offshore support vessels,  announces deleveraging transaction and vessel sale.   It has reached an agreement with Sifnos Shareholders Inc. (sifnos) to convert $8.75 million of outstanding principal amount  






 
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