The American Maritime Partnership asked President Donald Trump on 3 November to let the emergency Jones Act waiver expire on 15 November1. The waiver has allowed foreign-flag ships into US coastal energy trades since March. Under current Customs and Border Protection guidance, waivered cargo must be loaded before 11:59 p.m. Eastern Time on 15 November1.

The waiver was first issued on 17 March after the war with Iran disrupted energy markets. It has been extended twice, most recently in August1. The Maritime Executive counts the extensions at 250 days5. A further extension can be announced at any time. The lobbying is aimed at the White House rather than Congress5.

What the waiver covers

The Jones Act requires cargo moving between US ports to travel on vessels that are US-built, US-owned and US-crewed6, 3. The waiver sets that aside for a defined list of goods, not for coastal shipping in general.

Customs and Border Protection issued a preliminary notice, CSMS #68096516, on 17 March, with a link to the covered commodity list2. Marine insurer Gard, summarising the notice for members, said the waiver applies only to specific commodities, certain energy and fertilizer products2. White House press secretary Karoline Leavitt said at the launch that the action would let oil, natural gas, fertilizer and coal flow freely to US ports3.

Between March and August the waiver was blanket, covering more than 600 commodities. Shipments were mainly commercial fuels and crude oil, not military-grade fuels, according to Jennifer Carpenter, president of AMP and of the American Waterways Operators4.

Because the exemption runs to listed commodities, not to services, general container and most dry-bulk moves between US ports stay reserved for US-flag ships. Coal is the dry-bulk cargo the White House named3.

What changes on 16 November

A lapse takes foreign-flag tankers out of the listed coastal energy trades. The domestic fleet was already stretched before the waiver. Vortexa said use of Jones Act tankers carrying clean and dirty petroleum products had reached its highest level in two years, after the Wilmington and Benicia refinery closures cut West Coast supply7. Vortexa put the extra tanker demand from the waiver at around 20 MR2 tankers7.

Traders already had a workaround before the waiver. They shipped gasoline blendstocks from the US Gulf to the Bahamas on foreign-flag vessels, blended there, then moved the cargo to the West Coast without breaching the Jones Act. Vortexa said that structure adds cost and time7.

On price, AMP says published analyses found no demonstrated fall in retail fuel prices from the waiver. It puts the maximum effect on gasoline below half a cent per gallon1. The Maritime Executive said independent analyses suggest no discernible effect on the US consumer5. Analysts said at the launch that the impact on pump prices would likely be minimal3.

Vetting and compliance

The August extension changed how voyages are approved. Operators must file a vessel availability request before a voyage. That lets the Maritime Administration assess whether a qualified US-flag ship is available, and the Department of War then decides whether the movement qualifies8.

A review of Maritime Administration data published on 16 September counted 255 completed movements under the original waiver and its first extension8. Nine maritime labour organisations wrote to Democratic members of the House transportation committee on 27 October. They questioned whether the waiver met the legal test of addressing "an immediate adverse effect on military operations"8. They also said some operators filed generic justifications or missed the 10-day post-voyage reporting deadline8.

Representative Salud Carbajal is in line to chair the Coast Guard and Maritime Transportation subcommittee in January. He wrote to the Department of Homeland Security in mid-October about the non-disclosure of at least 25 waivered voyages5.

The Washington path

The American Petroleum Institute has applauded the long waiver period. Its policy platform calls for an easier emergency-waiver process and legal "triggers" for "prolonged regional fuel supply shortages, significant inventory drawdowns, refinery outages, transportation disruptions, or sustained price spikes"5.

AMP argues that a lapse would not stop the administration responding to real emergencies. It points to existing authority under 46 U.S.C. 501(b) for targeted waivers1. Democrats take control of the House and Senate in January. That gives Carbajal a subcommittee agenda, but not the votes to change the law alone5, 6.

If Trump extends again, the investment argument stays live. AMP says industry participants have reported more than $2.6 billion of delayed investment in new vessels and shipyard expansion. It also cites more than $700 million of planned dredging vessel investment deferred, and says the figures come from industry reports1.