Page 17: of Marine News Magazine (August 2012)

To its great credit, Congress acted strongly and passed legislation that prohibits the expenditure of federal funds for the granting of Jones Act waivers until DHS takes adequate measures to ensure the use of U.S. ß ag vessels. Further, no waivers may be granted until the Department of Transportation (DOT) has determined whether U.S. ß ag vessels with single or collective capacity are capable of assisting with an SPR move. DHS and DOT are also required by statute to consult with the industry on vessel availability. Industry has also been very active in efforts to ensure that the Administration has accurate information about the availability of U.S. vessels. While publicly the Administration acknowledges that the Jones Act is a Òwell-established element of U.S. law,Ó it is also clear that it does not see the exclusionary procedures it used in 2011 as outside of that law. That is an extraordinarily dangerous way of thinking, and calls to mind the adage that Òactions speak louder than words.Ó The U.S. domestic ß eet Ð American mariners and American vessels Ð was in 2011, and is today, ready, willing and extraordinarily capable to assist with the movement of SPR oil. As the Administration prepares for the possibility of a future drawdown, our industryÕs message is simple and clear: In accordance with the law, American vessels should be used Þ rst, and to the full extent of their availability, before any Jones Act waivers are granted. Anything less is inconsistent with the AdministrationÕs declarations of support for the Jones Act, and harmful to the future of the U.S. maritime industry. www.marinelink.com MN 17