under what is known as a Department of Defense Waiver (DOD Waiver) for short periods of time, but, once the waivers lapsed, the Administration did not renew or extend the waivers. During these periods when ships from any nation were free to engage in transport to and from the island and the Gulf Coast in almost any capacity, for the most part foreign-flag ocean carriers did not race in to deploy their ships into the Jones Act trade. Instead, the overwhelming majority of ocean-borne fuel and other goods entering Texas, Florida, and Puerto Rico were carried in Jones Act vessels. Let’s take a look at the Jones Act and types of waivers. Ever since Hurricane Katrina devastated Louisiana and other areas on the Gulf Coast, actions and discussions related to waiving Jones Act have become commonplace during and after natural disasters. What kind of Jones Act waivers are available? 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 US-owned and registered under the US-flag. In order to waive the Jones Act, the general rule is to demonstrate that it is “necessary in the interest of national defense.” There are two types of Jones Act waivers. One type, requested by the secretary of defense, is the DOD waiver; there is no discussion or review, it is automatically granted. The other type of waiver may be granted by the secretary of homeland security. It is discretionary and may only be granted if the administrator of the Maritime Administration (MARAD) first determines that no American-flag vessels are available. The temporary waivers granted during 2017 hurricane season are considered DOD waivers. In 2009, Congress tweaked the Jones Act with respect to the discretionary waiver. Waivers requested by the secretary of homeland security are not automatic. The secretary of homeland security cannot grant a waiver unless and until MAR AD determines that no Jones Act-qualified USflag vessels are available and capable of providing the needed service. Only after MARAD makes this vessel availability determination, can the secretary of 8
homeland security determine whether the proposed transportation service is “in the interest of national defense.” Even with the Jones Act waivers in effect for short periods of time, it is important to highlight the US Merchant Marine’s role to date this hurricane season. •Crowley Maritime, a Jones Act carrier, loaded a fleet of electric utility trucks on vessels to help restart Puerto Rico’s electric grid. The trucks are being used by Jacksonville Electric Authority linemen who were sent to the island. By the week ending 14 October 2017, more than 6,500 loads of FEMA and commercial cargo from twenty Crowley Maritime ships had been delivered since Hurricane Maria struck the island. Crowley had dispatched more than eighteen Jones Act vessels loaded with gasoline and diesel in response to fuel shortages in Florida caused by Hurricane Irma, and was projecting another nine vessels, carrying between 2,500 and 3,000 loads, would arrive in Puerto Rico by the following week. •The Jones Act company SEACOR Marine loaded its Louisiana-designed and -built ship Liam J. McCall with equipment destined for Puerto Rico, including ten work trucks, two generators, and two containers of relief goods, as well as a dozen construction, maintenance, and security workers. •Jones Act carrier Foss Maritime sent three vessels on behalf of FEMA to support the relief and rebuilding efforts in Puerto Rico and the US Virgin Islands following Hurricanes Irma and Maria. The vessels are serving as floating hotels, providing bunks and cafeteria services for emergency responders. Foss has the capacity to feed and temporarily house 729 people. •TOTE Maritime continues to coordinate with the Red Cross and other relief organizations to ensure the timely arrival of goods to Puerto Rico. The San Diegobuilt Isla Bella arrived with more than 1,040 forty-foot containers of cargo. Additionally, TOTE’s San Diego-built Perla Del Caribe arrived with 1,060 forty-foot containers. These shipments include bucket trucks, electrical poles, food, water, ice, and fuel amongst other critical items needed across the island. •Immediately after Maria passed over Puerto Rico, Jones Act carrier Trailer
Bridge began shipping relief goods on their multiple weekly sailings from Jacksonville, Florida, to San Juan. Trailer Bridge increased its liner fleet capacity by 300 containers per week, equating to an additional 13.5 million pounds of relief goods, on top of what was originally sent. •US government-owned ships dispatched this season provide drinking water, electricity, housing, humanitarian aid, helicopter platforms and hospital services— all crewed by US mariners. The DOT’s Maritime Administration activated the Ready Reserve Force vessel SS Wright, which called on the island of St. Thomas. The vessel was loaded with FEMA containers, vehicles and other stores. Among the cargo was a replacement radar system for the Federal Aviation Administration to get the airport up and running to capacity. •Our nation’s maritime academy training ships were also called into service. The Massachusetts Maritime Academy training ship TS Kennedy was sent to Texas in the wake of Hurricane Harvey, and was subsequently dispatched to Puerto Rico when its services were needed there. MARAD also dispatched the New York State Maritime Academy (SUNY Maritime College) TS Empire State VI to Puerto Rico. These ships are each capable of housing more than 650 people. The US Navy’s hospital ship Comfort was sent to Puerto Rico to provide hospital services. The vessel is crewed by civilian US merchant mariners. I am proud of the US Merchant Marine, its efforts this hurricane season, and its service throughout history. When the bell rings, the US Merchant Marine answers the call. We climb the ladder—we don’t ask why, we ask how high. William P. Doyle is a commissioner with the US Federal Maritime Commission. He is a 1992 graduate of the Massachusetts Maritime Academy, where he worked as a cadet in shipyards in Rhode Island and Massachusetts breaking out ships for Operations Desert Storm/Shield. He also served ten years as an officer in the US Merchant Marine, including Jones Act and international trades. The thoughts and comments expressed here are his own and do not necessarily represent the position of his fellow commissioners or the Federal Maritime Commission. SEA HISTORY 161, WINTER 2017–18