Open America's Waters Act
The Open America's Waters Act is a bill that purports to repeal or relax key limitations on the U.S. coastwise trade known commonly as the Jones Act framework. The central change is to modify how a vessel can receive a coastwise endorsement, broadening the basis on which a vessel may qualify to engage in coastwise trade, while still requiring safety and security standards. The bill directs the Coast Guard to issue implementing regulations within 90 days to ensure vessels meeting the new standard comply with appropriate safety and security requirements. In addition, the measure repeals or reshapes several provisions tied to coastwise trade privileges and related regulatory references, ostensibly simplifying or removing certain historic restrictions and reporting requirements. In short, the bill aims to make it easier for more vessels to participate in coastwise trade by redefining eligibility and removing a number of old constraints, while maintaining a baseline of safety and security oversight.
Key Points
- 1Repeal/alter eligibility for coastwise endorsements: Section 12112(a) would be amended so a coastwise endorsement may be issued to a vessel that “qualifies under the laws of the United States to engage in the coastwise trade,” rather than relying on the stricter or more specific prior standards. This broadens the potential pool of vessels that could receive a coastwise endorsement.
- 2Federal regulatory timeline and safety focus: The Coast Guard must issue implementing regulations within 90 days of enactment to ensure vessels permitted to participate in coastwise trade meet all appropriate safety and security requirements.
- 3Repeals and conforming amendments to reduce or remove restrictions: The bill repeals or strips several sections tied to coastwise trade privileges and related rules, including:
- 4- Repeal of Section 12132 (Loss of coastwise trade privileges),
- 5- Adjustments to how certain vessel types are treated (tank vessels, LNG tankers, small passenger vessels),
- 6- Removal or modification of cross-references and conditions in other sections (oil spill response vessels, optional regulatory measurement, court sales of undocumented vessels, and the clerical table of sections).
- 7Broader scope but ongoing safety oversight: While the legislative text signals a broad relaxation of certain coastwise trade restrictions, it preserves a safety/security framework via the Coast Guard regulation requirement.