Shippers and operators preparing foreign-flag coastwise voyages under the extended Jones Act waiver face a materially tighter process when the revised terms take effect at 12:00 a.m. ET on 17 August 2026. U.S. Customs and Border Protection guidance implementing the Department of Homeland Security’s second 90-day extension requires a written Vessel Availability Request before a foreign-flag move begins.
Requests must go to the Department of War and the Maritime Administration, with CBP copied for situational awareness. MARAD will then survey whether a coastwise-qualified U.S. vessel is available — generally giving U.S.-flag operators about 24 hours to respond — before DOW decides whether the waiver covers that individual voyage. Covered cargo must be loaded before the extension expires at 11:59 p.m. ET on 15 November 2026.
From Blanket Relief to Voyage-by-Voyage Gates
The shift answers pressure from U.S. maritime interests who argued foreign ships were entering routine domestic trades even when Jones Act tonnage might perform the work. Eligible commodities remain concentrated on energy and related products — including gasoline, diesel, jet fuel, crude, LNG, soybean oil and fertilizers — with coal and coal-derived products no longer covered under the narrowed list reported by market sources.
Foreign-flag operators using an authorised waiver voyage must still notify CBP and file post-voyage reports to MARAD within 10 days, including cargo details and justification. The practical effect: more lead time, more paperwork, and a real chance that a U.S.-flag offer blocks foreign-flag use on a given coastwise leg.
What Operators Should Note
- Do not sail on the assumption of automatic waiver cover after 17 August — file the Vessel Availability Request first.
- Build MARAD survey time into voyage planning, especially for time-sensitive fuel repositioning.
- Confirm commodity eligibility against the updated covered-products list before nominating foreign-flag tonnage.
- U.S.-flag owners should watch MARAD surveys closely — the new gate is designed to surface available coastwise capacity.
RegulAs Shipping will track how the Vessel Availability Request process performs in the first weeks of the extended waiver.
