The Jones Act prohibits foreign-flagged vessels from picking up and delivering fuel between U.S. ports. That act was suspended from Sept. 8 through Sept. 22 to allow shipments to Texas and Florida after Hurricanes Harvey and Irma. Puerto Rico was included under that waiver for petroleum products.
Since that suspension needed Sept. 22, the Trump administration hasn't issued a new one for Puerto Rico since Hurricane Maria struck. That hurricane wiped out the power supply, destroyed cell towers and led to massive fuel shortages on the island that relies on diesel for much of its power.
Sen. John McCain, R-Ariz., wrote to the department urging a waiver and ultimately "a full repeal of this archaic and burdensome act."
“These emergency waivers have been valuable to speed up recovery efforts in the impacted regions," McCain said. "However, I am very concerned by the department’s decision not to waive the Jones Act for current relief efforts in Puerto Rico, which is facing a worsening humanitarian crisis following Hurricane Maria."
Any request formally goes to Customs and Border Protection and the secretary of Homeland Security.
Gregory Moore, a spokesman for Customs and Border Protection, said in a statement that there was “sufficient capacity” of U.S.-flagged vessels to serve Puerto Rico.
Waiver requests must be in the interest of national defense. The Defense Department, which made a request for Hurricane Harvey, hasn't made a new request for Puerto Rico yet. If another agency or shipping company makes the request, it must also be reviewed by the U.S. Maritime Administration.
The Defense Department said in a statement Wednesday that the sea-based response to the disaster will shift to a land-based approach for a longer-term recovery, led by the Federal Emergency Management Agency and the local government.
“Fuel distribution remains the top FEMA priority,” the statement said. “Multiple DOD elements delivered fuel and continue route-clearance operations.”
The U.S. Virgin Islands, which were hit by multiple hurricanes, have a permanent waiver to the Jones Act under the law, but Puerto Rico wasn't included in that provision.
For House members to seek a waiver is unusual, but the department is considering it. A decision is not expected Wednesday, according to a senior administration official, who spoke on background in a conference call with reporters.“When Hurricane Maria savaged the Island, many of our deepest fears were realized,” said Rep. Nydia Velázquez, D-N.Y., who is leading the effort to suspect restrictions for Puerto Rico. “With a power grid that already faced serious infrastructure problems, the storm has shut down power for the entirety of Puerto Rico."
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