Open America's Waters Act
Open America's Waters Act would substantially loosen certain limits on coastwise trade in U.S. waters. The bill would amend 46 U.S.C. § 12112(a) to allow a coastwise endorsement for any vessel that qualifies under U.S. law to engage in coastwise trade, rather than relying on the current, more restrictive criteria. It would require the Coast Guard to issue implementing regulations within 90 days of enactment to ensure that all vessels permitted to engage in coastwise trade meet appropriate safety and security standards. In addition, the bill undertakes a series of conforming amendments to remove or modify several existing provisions related to tank vessels, LNG tankers, small passenger vessels, oil spill response vessels, regulatory measurement, and other references, and it repeals the section that previously established “loss of coastwise trade privileges.” Overall, the measure signals a shift toward broadening who may participate in coastwise trade and simplifying or aligning the regulatory framework with that broader approach. Potential impact depends on how “qualifies under the laws of the United States” is interpreted in practice and how the Coast Guard implements and enforces safety and security requirements. If interpreted broadly, more vessels could be eligible to engage in coastwise trade, potentially increasing competition, changing domestic shipping dynamics, and affecting traditional Jones Act protections. If regulations tighten or enforcement is strict, the practical effect may be more limited. The text excerpt provided focuses on eligibility and regulatory alignment rather than explicit changes to ownership, construction, or flag requirements, which means the exact economic and labor implications hinge on further regulatory guidance.
Key Points
- 1Repeal/relaxation of coastwise trade restrictions: The bill changes the eligibility baseline so that a coastwise endorsement may be issued for vessels that “qualify under the laws of the United States to engage in the coastwise trade,” broadening the potential pool of eligible vessels.
- 2Regulatory implementation deadline: The Coast Guard would issue implementing regulations within 90 days of enactment to ensure all vessels in coastwise trade meet safety and security standards.
- 3Conforming amendments to remove restrictions: The bill deletes or strips references to several previously restricted categories and procedures (e.g., certain tank vessel standards, LNG tankers, small passenger vessel restrictions, oil spill response vessel references, and regulatory measurement links), which would simplify or remove some existing limitations.
- 4Elimination of loss of coastwise trade privileges: The bill repeals the section that previously could result in loss of coastwise trade privileges, removing that mechanism from the statute.
- 5Clerical and structural cleanup: The bill makes several minor or technical changes to codified sections and the table of sections to reflect the new framework and removed provisions.