Page 50: of Maritime Reporter Magazine (June 2006)

50 Maritime Reporter & Engineering News make momentous decisions without the luxury of in-depth analysis. We publicly stated that we "respected" the

President's action and pledged our full cooperation in the rescue and rebuilding efforts. The second waiver was another matter. It was totally unnecessary in more than one way. First, the Jones Act fleet did in fact have the capacity to meet all of the nation's cargo needs, liq- uid or dry-bulk, even after the first hur- ricane. Second, there is already a provi- sion for waiving the Jones Act for an energy emergency on a case-by-case basis. These waivers, however, require a determination that U.S.-flag tonnage is not available and that the emergency threatens national security before the waiver would be approved. Because the

Jones Act fleet has sufficient capacity to meet ongoing fuel transportation needs, this provision is infrequently used, and later analysis almost always verifies that the requested waiver was unnecessary.

A precedent, once set, can be a bless- ing or curse. Following the second waiver, MCTF had to mobilize to ensure that blanket waivers became a historical footnote rather than a new domestic maritime policy.

MCTF logged many an hour meeting with the Federal agencies involved with the waiver process. Our message was simple. The Jones Act fleet can meet the needs of domestic waterborne com- merce under even the most trying cir- cumstances. If it appears there might be a need for a waiver, there is a time-test- ed process in place. Blanket waivers accomplish nothing more than under- mining the integrity of a law that has served the nation well since 1920.

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The Maritime Cabotage Task Force Board.

First row, left to right: Alan Butchman, American Shipping Group, Marine Resources Group; Philip

Grill, Matson Navigation Company and Chairman of MCTF; Michael Roberts, Crowley Maritime Corp.,

Venable LLP; Robert Zuckerman, Horizon Lines; Jim Weakley, Lake Carriers' Association.

Second row, l-r: Frank Pecquex, Maritime Trades Department, AFL-CIO; Thomas Allegretti, The

American Waterway Operators; James Rausch, Dredging Contractors of America; James Henry,

Transportation Institute; Eric Smith, Overseas Shipholding Group; Charles Crangle, American

Maritime Officers; Allen Walker, Shipbuilders Council of America. 2006WorldYearbook2006WorldYearbook2006WorldYearbook2006W

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