[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53236-53237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17829]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
Waiver of Compliance With Navigation and Inspection Laws
AGENCY: Office of the Secretary, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
Hurricane Katrina is one of the largest natural disasters to ever
strike the United States. It has significantly disrupted production of
oil and gas in the Gulf of Mexico, has caused many Gulf Coast oil
refineries to go out of service because of flooding, lack of electric
power or other reasons, and has significantly disrupted the pipeline
transportation of oil and refined products from the Gulf Coast States.
These production losses, outages and disruptions have already caused
large runups in the price of oil, gasoline and other refined products.
The Department of Homeland Security is also now receiving reports of
threatened or actual shortages of gasoline, jet fuel, and other refined
products, and of the rationing of these fuels, both in the Southeast
U.S. and in other locations throughout the country.
Numerous companies that produce and/or ship petroleum and/or
refined petroleum products have submitted to the Department requests
for waivers of the Merchant Marine Act of 1920 (the ``Jones Act'' ). 46
U.S.C. App. section 1. This and related laws are generally referred to
as the ``coastwise laws.'' These laws provide, among other things, that
only vessels built and owned by citizens of the United States and
flagged in the United States can carry merchandise between U.S. ports.
The Secretary of Homeland Security is vested with the authority and
discretion to waive the coastwise laws ``to such extent and in such
manner and upon such terms as he may prescribe, either upon his own
initiative or upon the written recommendation of the head of any other
Government agency, whenever he deems that such action is necessary in
the interest of national defense.'' In consultation with and upon the
recommendation of the Secretary of Energy, I have determined that such
a waiver, in accordance with the terms set forth below, is in the
interest of the national defense.
The catastrophic destruction brought about by Hurricane Katrina has
dramatically impeded, and in some places in the affected region stopped
altogether, production and transportation or transmission of oil,
refined petroleum products, natural gas, and electricity. Much of the
lost oil production is from producing areas in the Gulf of Mexico which
have been leased pursuant to programs of the Department of the
Interior. This lost production, refining and transportation capacity
has resulted in the threatened rationing and unavailability of
gasoline, jet fuel and other refined products, and threatens the
Nation's economic and national security. I believe that waiver of the
coastwise laws would facilitate the transportation of oil and refined
petroleum products in and from portions of the United States devastated
by the Hurricane, and to other regions affected by the disruptions that
have occurred in the Gulf Coast area.
Therefore, I am exercising my discretion and authority to waive the
coastwise laws generally for the transportation of petroleum and
refined
[[Page 53237]]
petroleum products for the period until 12:01 a.m., September 19, 2005.
In addition, I am exercising my discretion and authority to waive the
coastwise laws generally for the transportation of petroleum released
from the Strategic Petroleum Reserve, whether pursuant to an exchange,
sale or otherwise, undertaken in response to the circumstances arising
from Hurricane Katrina. I find, for the reasons set forth above, that
such waivers are necessary in the interest of national defense.
Dated: September 1, 2005.
Michael Chertoff,
Secretary.
[FR Doc. 05-17829 Filed 9-2-05; 2:52 pm]
BILLING CODE 4410-10-P