Posted:
June 24, 2010
The National Incident Command of the Deepwater Horizon oil spill response in the Gulf of Mexico June 17 published a fact sheet, the opening statement of which reads: "In no case has the Federal on Scene Coordinator (FOSC) or Unified Area Command declined to request assistance or accept offers of assistance of foreign vessels that meet an operational need because the Jones Act was implicated."
Despite a recent deluge of erroneous media reports claiming that offers of assistance involving foreign vessels have been declined due to the Jones Act, the National Incident Command fact sheet clarifies: "To date, no waivers of the Jones Act (or similar federal laws) have been required because none of the foreign vessels currently operating as part of the BP Deepwater Horizon response has required such a waiver."
U.S. leaders have called upon the federal government to ensure the fleets of available U.S. vessels standing by to assist in the Deepwater Horizon response are utilized as they become needed, and to dispel the false reports about the Jones Act.
"We have heard from several segments of the Jones Act fleet, and they have not heard from the department or the Unified Command regarding deployment of their services," said Rep. John Mica (R-FL), ranking member of the Transportation and Infrastructure Committee, in a June 15 letter to Secretary of Homeland Security Janet Napolitano. "Nearly two months after the spill, cleanup vessels that are available sit idle."
In the letter, Rep. Mica and Rep. Frank LoBiondo (R-NJ) noted the urgent need to employ all available assets to prevent oil from further impacting the economy and environment of the Gulf region, and urged Secretary Napolitano to immediately contact domestic operators to appeal for their help in responding to this tragedy.
Testifying before Congress last week, Maritime Administrator David Matsuda pointed out that 23 percent of the vessels operating in the Deepwater Horizon response were foreign-flagged and no Jones Act waiver was required to enlist their help.
Rep. Mazie Hirono (D-HI) June 16 issued a statement "in response to incorrect claims that the Jones Act is preventing foreign countries from providing assistance in the wake of the BP oil disaster in the Gulf of Mexico," noting that 15 foreign-flagged vessels are supporting the effort.
Should a vessel-specific waiver of the Jones Act become necessary, National Incident Command "has coordinated closely with relevant agencies to ensure accelerated processing for any waiver requests." The American maritime industry has stated publicly it will not oppose requests for vessel-specific Jones Act waivers as provided for in the law and under existing procedures.
Since the Jones Act does not apply to a majority of the vessels operating in the response effort, and because mechanisms are in place to rapidly process vessel-specific waiver requests, a blanket or general waiver of the Jones Act is not necessary.
Responding to the suggestion of outright suspension of the Jones Act, Sen. Daniel Inouye (D-HI), in a statement issued June 16, said: "I was taken aback by the suggestion that we suspend the Jones Act to bring in foreign ships to deal with the catastrophic oil spill in the Gulf. That is not necessary. American vessels from the Navy, Coast Guard, state and county governments are working with private citizens and foreign vessels in support of the clean-up effort. To suggest that we suspend the Jones Act to allow foreign ships into the Gulf is more about pushing a political agenda than any genuine interest in helping Gulf Coast communities with their clean up. We are already at the mercy of foreign competitors when it comes to oil, we should not add shipping to that list."
As reported by the Maritime Cabotage Task Force, the Jones Act only applies within three miles of shore. Foreign skimmers, along with American skimmers, are already at work beyond three miles. The Deepwater Horizon spill is occurring 50 miles from shore.
In addition, the Coast Guard's FOSC last week issued a determination allowing the deployment of foreign skimmers within three miles due to the need for unprecedented numbers of skimmers. Many American skimming vessels are already skimming in the Gulf and many more are standing by available but unused so far.
Jones Act is not an issue or an obstacle in Gulf of Mexico oil spill response
The National Incident Command of the Deepwater Horizon oil spill response in the Gulf of Mexico June 17 published a fact sheet, the opening statement of which reads: "In no case has the Federal on Scene Coordinator (FOSC) or Unified Area Command declined to request assistance or accept offers of assistance of foreign vessels that meet an operational need because the Jones Act was implicated."
Despite a recent deluge of erroneous media reports claiming that offers of assistance involving foreign vessels have been declined due to the Jones Act, the National Incident Command fact sheet clarifies: "To date, no waivers of the Jones Act (or similar federal laws) have been required because none of the foreign vessels currently operating as part of the BP Deepwater Horizon response has required such a waiver."
U.S. leaders have called upon the federal government to ensure the fleets of available U.S. vessels standing by to assist in the Deepwater Horizon response are utilized as they become needed, and to dispel the false reports about the Jones Act.
"We have heard from several segments of the Jones Act fleet, and they have not heard from the department or the Unified Command regarding deployment of their services," said Rep. John Mica (R-FL), ranking member of the Transportation and Infrastructure Committee, in a June 15 letter to Secretary of Homeland Security Janet Napolitano. "Nearly two months after the spill, cleanup vessels that are available sit idle."
In the letter, Rep. Mica and Rep. Frank LoBiondo (R-NJ) noted the urgent need to employ all available assets to prevent oil from further impacting the economy and environment of the Gulf region, and urged Secretary Napolitano to immediately contact domestic operators to appeal for their help in responding to this tragedy.
Testifying before Congress last week, Maritime Administrator David Matsuda pointed out that 23 percent of the vessels operating in the Deepwater Horizon response were foreign-flagged and no Jones Act waiver was required to enlist their help.
Rep. Mazie Hirono (D-HI) June 16 issued a statement "in response to incorrect claims that the Jones Act is preventing foreign countries from providing assistance in the wake of the BP oil disaster in the Gulf of Mexico," noting that 15 foreign-flagged vessels are supporting the effort.
Should a vessel-specific waiver of the Jones Act become necessary, National Incident Command "has coordinated closely with relevant agencies to ensure accelerated processing for any waiver requests." The American maritime industry has stated publicly it will not oppose requests for vessel-specific Jones Act waivers as provided for in the law and under existing procedures.
Since the Jones Act does not apply to a majority of the vessels operating in the response effort, and because mechanisms are in place to rapidly process vessel-specific waiver requests, a blanket or general waiver of the Jones Act is not necessary.
Responding to the suggestion of outright suspension of the Jones Act, Sen. Daniel Inouye (D-HI), in a statement issued June 16, said: "I was taken aback by the suggestion that we suspend the Jones Act to bring in foreign ships to deal with the catastrophic oil spill in the Gulf. That is not necessary. American vessels from the Navy, Coast Guard, state and county governments are working with private citizens and foreign vessels in support of the clean-up effort. To suggest that we suspend the Jones Act to allow foreign ships into the Gulf is more about pushing a political agenda than any genuine interest in helping Gulf Coast communities with their clean up. We are already at the mercy of foreign competitors when it comes to oil, we should not add shipping to that list."
As reported by the Maritime Cabotage Task Force, the Jones Act only applies within three miles of shore. Foreign skimmers, along with American skimmers, are already at work beyond three miles. The Deepwater Horizon spill is occurring 50 miles from shore.
In addition, the Coast Guard's FOSC last week issued a determination allowing the deployment of foreign skimmers within three miles due to the need for unprecedented numbers of skimmers. Many American skimming vessels are already skimming in the Gulf and many more are standing by available but unused so far.