The Department of Homeland Security (DHS) on Wednesday approved a “temporary and targeted” waiver of the Jones Act to ease fuel supply constraints in the wake of concerns over a diesel shortage in Puerto Rico after Hurricane Fiona.
“The decision to approve the waiver was made in consultation with the Departments of Transportation, Energy, and Defense to assess the justification for the waiver request and based on input from the Governor of Puerto Rico and others on the ground supporting recovery efforts,” said Mayorkas.
The Jones Act, or the Merchant Marine Act of 1920, is a federal law that requires ships carrying goods between U.S. ports to be owned by American companies, built and registered in the United States, and crewed by Americans. The DHS may only grant a waiver to the 102-year law if “proposed shipments are in the interest of national defense and after careful evaluation of the issue,” the department said.
“Puerto Rico has begun purchasing and distributing diesel to critical facilities including public hospitals, water pumping stations, wastewater treatment plants, and emergency management centers, among others,” the governor wrote.
Tanker With 300,000 Barrels of Diesel
Pierluisi’s letter comes after pressure for a Jones Act waiver was building after news circulated that a U.K. tanker with 300,000 barrels of diesel was sitting off Puerto Rico’s southern coast, awaiting entry.“We are grateful to the Biden administration for taking this action and will deliver the barrels into Puerto Rico as quickly and safely as possible,” a spokesman for the private supplier said on Wednesday.
The category 1 storm with winds of 85 mph caused considerable damage in Puerto Rico as it rolled in on Sept. 18, causing an island-wide power outage for its 3.3 million people and wiping out staple crops like plantains.
Puerto Rican officials, including some federal officials, have long called for a permanent repeal of the Jones Act, arguing that they need whatever help they can get, while also noting that the law has driven up prices and crippled the U.S. territory’s economy.
When Hurricane Maria hit Puerto Rico in 2017, the Trump administration approved a temporary 10-day waiver of the Jones Act, which covered all products being shipped to Puerto Rico. An extension of that waiver was deemed unnecessary.