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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


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


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


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


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


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


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


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


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.


Bilateral Short-stay Visa Waiver at EU, UAE Ports

  The United Arab Emirates and the European Union have signed a reciprocal bilateral short-stay visa waiver agreement. UAE citizens who hold diplomatic, special, service and ordinary passports will be able to travel without a visa to EU countries which make up the Schengen area for stays


Insights: Capt. Novotny, Commanding Officer, USCG National Maritime Center

Novotny.jpg

Captain Jeffrey P. Novotny is Commanding Officer of the U.S. Coast Guard’s National Maritime Center in Martinsburg, WV. He is responsible for all activities related to professional credentialing, training and assessments of the nation’s 215,000 merchant mariners


ACT Burgas Implements Terminal Operating System

Navis, a part of Cargotec Corporation, announced that ACT Burgas, the container department of BMF Port Burgas EAD, has gone live on the Navis N4 terminal operating system (TOS).   ACT Burgas operates in one of only two major Bulgarian ports in the Black Sea


ICTSI Efforts to Labor Slowdowns

Senator James E. Risch

  The Preventing Labor Union Slowdowns Act of 2015 (PLUS Act) was introduced last Thursday in the United States Senate to help prevent the type of maritime labor slowdowns at the Port of Portland and 28 other West Coast ports that disrupted domestic and international trade and nearly brought


A History of U.S. Oil Export Controls

FPSO.jpg

On Oct. 20, 1973, King Faisal of Saudi Arabia imposed a total embargo on oil shipments to the United States among other countries in response to their support for Israel during the Arab-Israeli war.   Faisal's decision led directly to the introduction of a ban on U.S


Foster Wheeler & MDM Engineering Merged

Courtesy : Foster Wheeler

   Foster Wheeler AG announced today that an indirect wholly owned subsidiary of the Company has completed the acquisition of MDM Engineering Group Limited (“MDM”) on terms consistent with the merger implementation agreement entered into on March 12, 2014.


NASSCO Building Three Jones Act Tankers

Ceremony signals the start of construction for SEA-Vista ECO Tanker, the first of three tanker ships to be constructed locally at NASSCO. General Dynamics NASSCO, a wholly owned subsidiary of General Dynamics, signaled the start of construction for three 50,000 deadweight ton, 330


NORECO's Revenue Dips in 3Q 2014

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  Norwegian Energy Company’s (Noreco) production in the third quarter of 2014 was basically unchanged from the previous quarter, significant impairments took down Noreco net results after tax to minus NOK 1 101 million. Revenues in the third quarter 2014 were NOK 296 million


Norec Summons to bondholders' meetings

  In the previous stock exchange notices where Norwegian Energy Company ASA has informed of expected impairments of Oselvar and Huntington and negative developments in production performance, including its announcement on 19 November 2014 where it was reported that deferral of certain bond


Jones Act Gets Staunch Support

  The United States Congress this week enacted the strongest statement of support for the Jones Act and the American domestic maritime industry since the Merchant Marine Act of 1936. The measure was included as part of the National Defense Authorization Act (H.R


Horizon Lines Secures ECA Waiver

A Horizon Lins D-7 Class Containership (image: Horizon Lines)

Horizon Lines, Inc. announced it has received a permit providing a conditional waiver from the North American Emissions Control Area (ECA) fuel sulfur content requirements of MARPOL Annex VI regulation 14.4.   The permit is in force while Horizon pursues installation of Exhaust Gas Cleaning


Ottawa Bars Use of 'Buy America' Rules at Ferry Project in Canada

The Canadian government signed an order on Monday blocking the United States from applying controversial "Buy America" purchasing rules on the demolition and reconstruction of a ferry terminal that is located on Canada's Pacific Coast but operated by Alaska's Department of Transportation


Alaska: No Rush for Canada Ferry Project Resolution

Alaska can use an existing British Columbia ferry terminal for several more years if Canada enforces an order blocking so-called "Buy America" purchasing rules from being applied to its reconstruction, a state official said on Tuesday.


Sea Star Line, ACT Sign LNG Bunkering System Agreement

System will be the first of its kind in the US for maritime industry   Sea Star Line, LLC and Applied Cryo Technologies (ACT), in cooperation with Dragon Products, have finalized plans for the first liquefied natural gas (LNG) bunkering system that will supply Sea Star Line’s new ships


Crowley to Manage 4 Jones Act Ships for Pasha

Horizon Reliance (Photo courtesy of Crowley)

 Crowley Maritime Corp.’s ship management group has been awarded a new contract with Sunrise Operations LLC, a subsidiary of The Pasha Group, of San Rafael, Calif., for the operation, crewing and maintenance of four Jones Act ships operating between the U.S. West Coast and Hawaii.






 
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