Keith Hennessey's Personal Experience With A Jones Act Waiver

His post is not theoretical at all; he actually was involved in waiving the act last time 'round, during Hurricane Katrina.

So why no waiver? Because the US-flagged shipping industry wants the business.

Without a strong lean from President Bush on his Cabinet to “do everything we can,” the waivers would not have happened. Given the intense pushback from the narrow interest groups, Presidential leadership was required to make this happen. The benefits were small but, in my mind, easily worth it. When things are really bad in the Gulf, you do everything you possibly can, even if it’s small.
At the time the debate sounded like this:
A: We have found N foreign-flagged ships that can help us get this done.
B: We have American ships and crews you can use.
A: Maybe, but the foreign-flagged ships are better/faster/more flexible/ready now.
B: But we have American ships and crews you can use, and the marginal improvement in speed or flexibility is small.
A: Sure it’s small, but every little bit helps.
The Deputy Administration of the Maritime Administration (MARAD) has confirmed that one foreign-flagged skimmer has made a Jones Act waiver request. Yesterday, Dallas businessman Fred McAllister announced that “he has immediate access to 12 foreign ships and could pull in another 13 vessels in the next month.”
Before these recent developments, I had frequently read and heard the Administration argue “We don’t have any requests.” This is reminiscent of the house on Halloween with no lights on and an angry pet bull tied to a tree in the front yard. When asked why they don’t hand out candy to trick-or-treaters, they reply that they haven’t had any requests.
In my experience government officials in crisis management sometimes focus too much on what the government will do, and not enough on the incentive effects of what the government says to the private sector. A blanket waiver combined with a strong encouraging signal from government officials could, I think, spur significant private help, including from friends around the world. We’ll never know unless the President tries.

Thanks to ATaLien.

Posted by: Ace at 06:36 PM

Comments

(Jump to bottom of comments)

1 there are some that say Bambi doesn't like Louisiana. just sayin

Posted by: kelley in virginia at June 18, 2010 06:40 PM (XFcBK)

2 I recommend the President waive the Jones Act for all purposes related
to the oil spill and oil spill cleanup. I recommend a 75-day waiver to
take us through the end of August (when the relief well is supposed to
be done?). I assume a 30-day waiver with the possibility of extension
is more practically feasible.
Makes sense, so of course Obama isn't going to issue the waiver.

Because the US-flagged shipping industry wants the business.

He cares so much about an American industry now that he won't sign a little waiver to allow foreign ships to disperse help? By the Gods...

Posted by: Kratos (missing from the side of Mt Olympus) at June 18, 2010 06:40 PM (c0A3e)

3 And they might, gasp, be using non-union labour on some/all of the vessels. And being in a foreign union probably isn't enough either.

Posted by: andycanuck at June 18, 2010 06:42 PM (7b1Uc)

4 So tell me when they changed the oath of office from "defend the Republic against all enemies foreign and domestic," to "defend the labor unions..."?
Just curious.
Obama acted stupidly criminally.

Posted by: Hussein the Plumber at June 18, 2010 06:43 PM (r1h5M)

5 O/T, but...really, Juan Williams just can't stop honkin' on Obama's wanker, can he? Does he ever come up for air?

Posted by: antisocialist at June 18, 2010 06:43 PM (Rwudm)

6 The unions won't like, and obambi doesn't want to do anything without union approval. It's the Chicago way.

Posted by: Alan at June 18, 2010 06:44 PM (kloCp)

7 Is the U.S.Government that stupid?
Apparently so.

Posted by: HH at June 18, 2010 06:44 PM (6oDXl)

8 Why no waiver, not because of U.S. business, but because of U.S. Unions.

Everything Barky does is either for a union or for Arab/Muslim betterment.

Posted by: Vic at June 18, 2010 06:44 PM (6taRI)

9 1 there are some that say Bambi doesn't like Louisiana Americajust sayin
Posted by: kelley in virginia at June 18, 2010 06:40 PM (XFcBK)
FIFY

Posted by: Hussein the Plumber at June 18, 2010 06:45 PM (r1h5M)

10 O/T, but...really, Juan Williams just can't stop honkin' on Obama's wanker, can he? Does he ever come up for air?

Posted by: antisocialist
Juan had a snorkel specially manufactured for just these occasions.

Posted by: mpfs,man I get tired lugging these DDs around all day at June 18, 2010 06:46 PM (iYbLN)

11
Without a strong lean from President Bush on his Cabinet to “do everything we can,” the waivers would not have happened

George W. loved this country. 'nuff said

Posted by: pitchforksandpowder at June 18, 2010 06:48 PM (rxafg)

12 Instead of skimmers just send The Wookie down to the Gulf. I sure all that fur will attract the oil then haul her in, hose her off and Viola! you are ready to go again.

Posted by: mpfs,man I get tired lugging these DDs around all day at June 18, 2010 06:48 PM (iYbLN)

13 I wonder who will go down in history as the absolute worst one-term President? The 20-20 vision of history is not going to provide this unprepared, unqualified, possibly foreign born or otherwise constitutionally precluded individual any cover. The only upside to this whole debacle is that it will provide about 20 years of inoculating effect against the next instance.

Hope he gets his golf game together. Last I heard his golf and bowling scores were about the same - low 100's.

Posted by: Upscale Community Organizing Thought Criminal at June 18, 2010 06:51 PM (IhHdM)

14 And the effin' retards on the left are still making fun of Palin for talking about this in the context of assistance form the Netherlands and Norway.

Posted by: ol_dirty_/b/tard at June 18, 2010 06:52 PM (ieQTh)

15 Instead of skimmers just send The Wookie down to the Gulf.
Uh, they already have a methane problem.

Posted by: andycanuck at June 18, 2010 06:52 PM (7b1Uc)

16 14 And the effin' retards on the left are still making fun of Palin for talking about this in the context of assistance form the Netherlands and Norway.
Posted by: ol_dirty_/b/tard at June 18, 2010 06:52 PM (ieQTh)
That's easy to do once you make a commitment to the concept that the "truth" doesn't matter.

Posted by: Jim in San Diego at June 18, 2010 06:54 PM (oIp16)

17 "13 I wonder who will go down in history as the absolute worst one-term President?"

I don't.

Posted by: Bugler at June 18, 2010 06:54 PM (VXBR1)

18 Even old toothless $5 whores get requests. Somebody's lying.

Posted by: torabora at June 18, 2010 06:54 PM (TrKqL)

19 The green job that will save the economy is pelican cleaning.

Posted by: Cicero at June 18, 2010 06:55 PM (QKKT0)

20 Posted by: ol_dirty_/b/tard at June 18, 2010 06:52 PM (ieQTh)

And I should add "even after Matt Yglasias smacked tham down and said she was right".

Posted by: ol_dirty_/b/tard at June 18, 2010 06:55 PM (ieQTh)

21 Obama is just making sure the solid south stays solid .
Maybe someone could tell Obama there are quite a few black shrimpers too . With their own boats and crews and everything .
That oughta get the ball rolling or the ass kicked but I doubt it .

Posted by: awkward davies at June 18, 2010 06:56 PM (B4e7Q)

22 Are these shovel ready jobs?

Posted by: Dead Pelican at June 18, 2010 06:56 PM (TrKqL)

23 SIU making sure they profit as much as possible from human suffering.

Posted by: MikeTheMoose at June 18, 2010 06:57 PM (0q2P7)

24 Meh. If President Black Goldtm had any sense, he would issue waivers now that he and the rest of the Democrat mob have got their $20 billion payoff/slush fund. It's unlikely they'll get any more money from BP, and if the clean up doesn't start to make any progress, then President Black Goldtmwill completely own this mess.

Posted by: Darth Randall at June 18, 2010 06:59 PM (oLULt)

25 If we don't use Unionized Labor, how will cleanup take Decades?

Posted by: garrett at June 18, 2010 07:01 PM (61bhx)

26 The green job that will save the economy is pelican cleaning.
They make a better alternative energy source before you clean them.

Posted by: garrett at June 18, 2010 07:02 PM (61bhx)

27 Christ. We don't even have a fleet.

Posted by: Skookumchuk at June 18, 2010 07:03 PM (btzPD)

28 Posted by: mpfs,man I get tired lugging these DDs around all day at June
18, 2010 06:46 PM (iYbLN)
Need a hand, sweetie?

BTW. Why does Drudge have a graphic of a One World Currency on his site?

Posted by: Herr Morgenholz at June 18, 2010 07:05 PM (MmyYP)

29 Because the US-flagged shipping industry wants the business.

All three ships.

Posted by: IllTemperedCur at June 18, 2010 07:06 PM (Aqzx6)

30 #26 They make a better alternative energy source before you clean
them.

And perhaps some damn fine extra-crispy pelican meat.

Posted by: Kratos (missing from the side of Mt Olympus) at June 18, 2010 07:06 PM (c0A3e)

31 Obama probably thinks the "Jones Act" is when his buddy Van talks about "green jobs."
Not the sharpest knife in the drawer, this one.

Posted by: Moron in a Dutch-made Snuggie at June 18, 2010 07:06 PM (Ks4nX)

32 Someone just take a match down there and light it up bitches.

http://tiny.cc/qu0gt

Posted by: dogfish at June 18, 2010 07:06 PM (UHvMi)

33 Why does Drudge have a graphic of a One World Currency on his site?
Posted by: Herr Morgenholz at June 18, 2010 07:05 PM (MmyYP)

Because with Obama in the White House, the Dollar is going in the crapper

Posted by: nevergiveup at June 18, 2010 07:06 PM (U5btG)

34 8 Look who got him where he is today, no?

Oh, and organized crime -- mustn't forget those peeps.

Posted by: unknown jane at June 18, 2010 07:07 PM (5/yRG)

35 While all this is going on, Toonces is at a baseball game. No wagyu and cocktail party tonight?

Posted by: HeatherRadish at June 18, 2010 07:08 PM (M9BNu)

36 #28 BTW. Why does Drudge have a graphic of a One World Currency on his
site?

Because Russia and China want the world to have a new reserve currency.

Posted by: Kratos (missing from the side of Mt Olympus) at June 18, 2010 07:09 PM (c0A3e)

37 FYI, never eat foods from the galley of a foreign vessel. Every time my brother boards a foreign ship, he gets Atomic Diarrhea for days. MK1 Poopy Pants reporting for....pftthwwurrrt...ffft.

Posted by: Joanie (Oven Gloves) at June 18, 2010 07:09 PM (wd0Iq)

38 If we don't use Unionized Labor, how will cleanup take Decades?

That should bring some small comfort to all the poor widows in Britain with BP stock. The idea certainty that the Precedent will do everything in his power to 'run up the tab' on the clean-up at their expense.

I wonder if there was any time in the history of the American Revolution when the Brits played the race card?

* ax dum 2 keep from getting the ban hummer*

Posted by: Clueless at June 18, 2010 07:10 PM (IhHdM)

39 OT: The Three Terrors In Concert. (But they don't sing "We Con The World".)

Posted by: andycanuck at June 18, 2010 07:10 PM (7b1Uc)

40
Why does Drudge have a graphic of a One World Currency on his site?

Posted by: Herr Morgenholz at June 18, 2010 07:05 PM (MmyYP)

Because with Obama in the White House, the Dollar is going in the
crapper

Posted by: nevergiveup at June 18, 2010 07:06 PM (U5btG)
I already have a drawer full of tokens from Chuck E Cheeses. What the fuck am I going do with that thing he's got up? Buy Illinois Avenue?

Posted by: Herr Morgenholz at June 18, 2010 07:10 PM (MmyYP)

41 I'm going to YouTube to look for that Hawaii clerk that says the Oilbama birth certificate is non-existent. That would get rid of Oilbama, the Wise Latina® Kagan, HellCare and hundreds of other things I'm forgetting at the moment.

Posted by: RushBabe at June 18, 2010 07:11 PM (W8m8i)

42 Isn't Obama a citizen of the world? I remember something like that from a speech in Germany.

Certainly it is unconscionable for him to deny his subjects from the Netherlands, Scandinavia and the Middle East the opportunity to ply their trade. The bonus is that his foreign (if I may be so bold) subjects would be doing work that benefits his original constituency, the United States. Oh, there's the problem, never mind.

Posted by: 4thGenerationBuck at June 18, 2010 07:11 PM (AtjNL)

43 Daddy? Are you going to use a hot dog to stop the oil leak?

Posted by: mahlia at June 18, 2010 07:12 PM (7b1Uc)

44 imagine how much better off if we had a President that stayed on top of this and actually Let others help us suck this stuff up. for a month!
How many other Times has He stopped clean-up? Or ideas to help contain this?
Srsly,

Posted by: willow at June 18, 2010 07:12 PM (7FgWm)

45 43
Daddy? Are you going to use a hot dog to stop the oil leak?

Child, my ego is quite large enough to plug the damn hole.

Posted by: Barracky at June 18, 2010 07:13 PM (c0A3e)

46 And hi, Mr Williams. No, don't say 'hi' back. Mommy says you shouldn't talk with your mouth full.

Posted by: mahlia at June 18, 2010 07:13 PM (7b1Uc)

47 a union is excuse for a loser to pretend a winner. Same with poiticians today.
Anyone know why they intercepted Jindals barges?

Posted by: ron dorque at June 18, 2010 07:14 PM (MvelV)

48 What about the regulators and inspectors keeping an eye on the drill? why didn't they close it down? Is it their job to know If an issue is an issue?is that their job or not?
or is it another fake gvt. job?

Posted by: willow at June 18, 2010 07:14 PM (7FgWm)

49 Where's all that talk of mops and shit now ?

Posted by: Alvin Greene at June 18, 2010 07:15 PM (B4e7Q)

50 OT- over at Hot Air there is a banner ad re Sarah Palin endorsing Star Parker for Congress in LA. Great liberal head-sploder, and the picture of Sarah is so darn beautiful I'd like to tape it to the wall.

Posted by: sherlock at June 18, 2010 07:15 PM (jdXw+)

51 Just sayin'--one of my coworkers was so very proud of her autographed Obama photo. Today she told me the latest way of saying "Hi!" is "Hope died!"
His photos are gone from the break area.
Another coworker who just loved him has taken his pictures down. She's so upset about the Gulf--and that her family is from that area, and is taking a heavy hit--she can hardly speak.
And another snarled, "When Republicans are in office, we get a nice little raise and a tax cut. When the Democrats are in, we get more taxes and this stupid health care that's gonna cost all of us working people everything!" She threw his "auto"biography away.
Just sayin'.

Posted by: Quint&Jessel, Sea of Azof, Bly, UK at June 18, 2010 07:21 PM (1kwr2)

52 Anyone know why they intercepted Jindals barges?

Had to check 'em for sinister Sioux terrorist crew members.

What? Wrong Indians?

Posted by: IllTemperedCur at June 18, 2010 07:22 PM (Aqzx6)

53 In this hand, I have a Jones Act Waiver. And in this hand, I have.....nothing.
Until these muthafuckas get balanced out, you aren't gettin' shit, my friend.

Posted by: Prezidizzle Obizzle at June 18, 2010 07:28 PM (kmEfr)

54 On top of the Jone Act waiver, he could have issued an Executive Order about, oh, 58 days ago, requiring all regulatory agencies to waive rules and regulations that would interfere with capping the well, containing the spill and cleaning the water and shoreline. That would have given green lights to:
- Building berm islands off Louisiana without having to wait for a Fish and Wildlife study
- Obtaining and deploying Packgen boom without rejecting it for minor deviations from Federal specs
- Keeping skimmer barges operating even while their operators go fetch life jackets and fire extinguishers to meet Coast Guard safety standards
- Bringing in skimmer booms from Dutch, Norwegian and other sources and allowing them to pull in oil, even if the subsequent discharge of less-than-pristine seawater didn't meet EPA standards
And ten thousand other things that would have moved the containment and cleanup forward much further than it's gotten in the last two months.

Posted by: stuiec at June 18, 2010 07:28 PM (7AOgy)

55
Unions.

Posted by: Lemon Kitten at June 18, 2010 07:29 PM (0fzsA)

56 Anyone know why they intercepted Jindals barges?

Heard on the news that the Coast Guard halted them...they wanted to make sure they had enough fire extinguishers and life jackets on board.
sad. what's wrong with this picture? the cleanup effort?

Posted by: pitchforksandpowder at June 18, 2010 07:29 PM (rxafg)

57 @8: "Everything Barky does is either for a union or for Arab/Muslim betterment. "
What are we, chopped liver?

Posted by: Communists, Socialists, and Dictators at June 18, 2010 07:29 PM (kmEfr)

58 To 'Beverly Hillbillies':

♫ Come and listen to a story about a man named Barry,

Community organizer, just one mortgage he could carry

Then one day on a golf course seclude

Up through the Gulf came a bubblin' crude.

Oil that is, black gold, Texas tea.

First term over you know ol' Barry's a zillionaire,
Kenyanfolk said 'Barry move away from there'

Said Californy is the place you ought to be

So they loaded up the Wookie and moved to Beverly.
♫

Posted by: Kilgore Trout at June 18, 2010 07:42 PM (IhHdM)

59 Part of Rudy Guiliani's interview on MSNBC:

When pressed by Scarborough, Giuliani gave a detailed explanation for
how he would have handled the crisis differently:
First
of all, the first thing I would have done is to bring in experts from
the industry who are independent source of advice for me...If your
father or mother were sick, you would go get a second opinion from an
expert doctor. Not from an academician which is what he did. Go ask the
question. Has anyone done remediation before? Has anyone done it better
than BP? Bring them in. Make them your eyes and ears. Have them watching
everything. Maybe they could have gotten the estimate right of the
amount of oil that was coming out. It was horrendous. This is a horrible
case of malpractice, negligence, gross negligence. They were off by 60
times. That had to infect every wrong judgment you make.

Posted by: Cheri at June 18, 2010 07:48 PM (llSaz)

60 He is doing this on purpose. He knows he could do this. He understands we don't have enough ships. He wants things destroyed. That is his sole goal.

Posted by: Miss Marple (redneck teabagger) at June 18, 2010 08:14 PM (xxe/9)

61 That is exactly what I've been thinking about all the dithering on Obama's part. Really, just get in there and cut the red tape, call a state of emergency (actually act like it is one), issue a waiver on jurisdictional boundaries, offer reimbursements on XYZ, and let the people that have the means actually come in and start helping.

Posted by: Josh Reiter at June 18, 2010 08:16 PM (trfgM)

62 This is mildly on topic since it's oil spill and response related. But this new dude Bob Dudley is a first class bad-ass. I don't know him personally, but I do know some folks who do. And to a man, they say he is a get shit done kinda guy.

BP is playing POTUS like a cheap fiddle.

Dudley's last stint was running the BP-Russian joint venture, and the dude played hardball with Vladimir Putin. The Russians eventually ran him out of the country, but he still made the company billions and everyone I know in Hattiesburg (where he grew up) says he's smart, cold-blooded and all business.

Here's the less than flattering but still pretty accurate Bloomberg story on him.

We only thought POTUS was in over his head before. I think Dudley's gonna be pickin his teeth with Barry's bones. I wouldn't want to cross swords with him, and I'm a get shit done guy, too.

Posted by: GulfCoastTider at June 18, 2010 08:39 PM (LiYsL)

63 28
BTW. Why does Drudge have a graphic of a One
World Currency on his site?
-----------------
Probably just Putin gettin' uppity again.

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