Jones Act - CBP Proposal Status

Despite its announcement that a new proposal would be released in the "near future," the Department of Homeland Security decided to take a step back and issue an Advanced Notice of Proposed Rulemaking, a step in the regulatory process through which the agency asks the public to weigh in on a series of questions before it drafts a new proposal. This bureaucratic step can add months to the process.

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OMSA's view is that the initial July 17th proposal received widespread and thoughtful comments and that the additional regulatory process is not needed. It only delays and threatens the eventual employment of American mariners and shipyard workers.

Further, it adds additional confusion to an already confused situation. For American companies, there is no assurance that the agency will address the law. Foreign vessels are not in a better position because, with the conflicting CBP ruling letters under review, there is no legal support for using foreign vessels to move any cargo offshore.