MaritimeFedWatch
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January 30, 2024
|3 min read
Customs Issues New Guidance on a Range of LNG Transportation Issues
U.S. Customs and Border Protection recently issued three rulings on multiple facets of the transportation by water of liquified natural gas. All three rulings addressed how the U.S. Jones Act, which is a set of U.S. laws restricting U.S. domestic maritime commerce to qualified U.S.-flag vessels, applies to LNG transportation.
October 18, 2023
|2 min read
Offshore Jurisdiction “Pristine Seabed” Case Dismissed
On October 16, 2023, Judge Kenneth M. Hoyt of the U.S. District Court for the Southern District of Texas (Houston Division) granted the intervenor-defendant American Petroleum Institute’s (API) motion for summary judgment in the case of Great Lakes Dredge & Dock Company, LLC v. Chris Magnus (Civil Action No. 4:22-CV-02481).
October 10, 2023
|3 min read
U.S. Legislation Introduced Restricting Use of Foreign Vessels in U.S. Offshore Projects
The U.S. Congress has been actively considering legislation since 2022 that would restrict the use of foreign vessels in U.S. offshore projects. Both oil and gas and renewable energy projects would be affected. The latest version of that legislation was introduced on October 5, 2023, by Senator Bill Cassidy (R-LA) entitled the “American Worker Fairness Act.”
September 18, 2023
|2 min read
U.S. Customs Revises Jones Act Guidance for Offshore Wind Turbine Foundation Installation
U.S. Customs and Border Protection modified earlier Jones Act guidance on the installation of foundations for offshore wind turbines on September 14. The “Jones Act” is a popular term for several laws which reserve U.S. domestic maritime trade to U.S.-flag vessels which must be built in the United States and be owned and operated by qualified U.S. citizens.
October 7, 2022
|3 min read
Congress Considers Substantial Changes to Jones Act Ruling Process
An amendment was recently offered by Sen. Bill Cassidy (R-LA) to the pending National Defense Authorization Act legislation which would substantially change the way the U.S. Government provides Jones Act compliance guidance.
June 13, 2022
|2 min read
U.S. Customs Issues Further Turbine and Scour Protection Guidance for Offshore Wind
U.S. Customs and Border Protection just made public two rulings dated May 11 and June 6 which further fill in the picture of what foreign vessels can lawfully do in the U.S. offshore wind industry.
April 21, 2022
|2 min read
Customs Issues Comprehensive Offshore Wind Jones Act Ruling
On April 21, 2022, U.S. Customs and Border Protection posted on its public website a ruling dated April 14 which addresses in one ruling many of the Jones Act issues which arise from the installation of offshore wind turbines off the coasts of the United States.
March 31, 2022
|2 min read
Strategic Petroleum Reserve Jones Act Waivers
The Biden Administration announced on March 31, 2022 that it would put on average of one million barrels of crude oil per day from the Strategic Petroleum Reserve on the market starting in May and continuing for six months.
March 4, 2022
|2 min read
Waiving the Jones Act for Hawaii Crude Oil Imports
On March 3, 2022, the Grassroot Institute of Hawaii sent an open letter to President Biden purporting to request a one-year waiver of the Jones Act to permit the use of foreign-flag vessels to transport crude oil from Alaska or the lower 48 states to Hawaii.
March 2, 2022
|2 min read
Legislation Advances to Restrict Offshore Manning and Enforce Jones Act Requirements
On March 2, 2022, the U.S. House Transportation and Infrastructure Committee reported favorably H.R. 6865, the Coast Guard Authorization Act of 2022, including the Graves/Garamendi offshore manning legislation, a required Coast Guard report on Jones Act enforcement, and a required report on the foreign oceanographic research vessels in U.S. waters.
February 10, 2022
|2 min read
Customs Rejects Challenges to Offshore Wind Scour Protection Jones Act Ruling
On January 7, 2022, Customs and Border Protection sent letters to three trade associations declining to revisit its March 25, 2021, Jones Act ruling on the definition of a “point in the United States” for purposes of installing scour protection or foundations for an offshore wind farm. The letters were made available on February 9, 2022, in response to a Freedom of Information Act request. As a result, CBP’s March 25, 2021 ruling remains the best available guidance on what a foreign-flag vessel can lawfully do with respect to the installation of foundations or scour protection on the U.S. outer continental shelf in compliance with the Jones Act.
January 13, 2022
|2 min read
U.S. Government Incentivizes U.S. Vessel Construction for Offshore Wind Farms
On January 12, 2022, the U.S. Bureau of Ocean Energy Management announced plans to auction on February 23 almost 500,000 acres off the coast of New York and New Jersey (known as the New York Bight) for offshore renewable energy development.
November 15, 2021
|2 min read
Jones Act Organization Alleges Offshore Wind Survey Violations
On November 15, 2021, the Offshore Marine Service Association (OMSA) made public allegations that a foreign vessel had violated U.S. coastwise law (popularly referred to as the “Jones Act”) and offshore manning laws (and also safety and pollution laws) in the conduct of offshore wind-related survey work.
November 9, 2021
|2 min read
U.S. Customs Issues Cable Operation Ruling Helpful to Offshore Wind
On November 9, 2021, U.S. Customs and Border Protection made public a ruling dated November 2 regarding the laying and burial by a foreign vessel of fiber optic cable in U.S. waters and the transportation of technicians by that vessel.
October 25, 2021
|2 min read
Coast Guard Issues First U.S. Build Ruling for Offshore Wind Support Vessels
On October 22 the U.S. Coast Guard National Vessel Documentation Center posted on its website an October 20, 2021 ruling regarding the U.S. construction of crew transfer vessels or CTVs.
September 2, 2021
|3 min read
Jones Act “Third Proviso” in the News
The “Jones Act” “third proviso” has been in the news regarding the transportation of fish and fish products from Alaska to the lower 48 states. It might be useful to review how that proviso came about.
August 23, 2021
|1 min read
U.S. Customs Issues First Floating Offshore Wind Jones Act Ruling
U.S. Customs and Border Protection or CBP issued its first Jones Act ruling relating to a floating offshore wind project on July 6, 2021, which it made publicly available on August 23, 2021.
May 21, 2021
|2 min read
Coastal Pipeline Jones Act Waiver Post-Mortem
Following the closure of the Colonial Pipeline, two requests for Jones Act waivers were issued by the U.S. Department of Homeland Security on or about May 12 and May 13.
May 11, 2021
|2 min read
Colonial Pipeline – What It Takes to Waive the Jones Act
The closure of the Colonial Pipeline has given rise to discussions about whether the U.S. “Jones Act” should be waived to permit foreign tank vessels to transported refined petroleum products from the U.S. gulf coast to the U.S. east coast. The “Jones Act,” however, is not easy to waive and is rarely waived.
March 31, 2021
|1 min read
Biden Administration to Promote U.S.-Flag Vessels in Infrastructure Plan
On March 31, 2021, the Biden Administration announced “The American Jobs Plan” to build and re-build America’s infrastructure. Among other things, the Plan seeks to “build world-class transportation infrastructure” including modernizing 20,000 miles of roads, reconstructing ten of the most economically significant U.S. bridges and repairing 10,000 small bridges.