Freight Pulse & Law Update: Jones Act Waiver Adds a New Vessel-Availability Test

What changed in the Jones Act waiver?

DHS extended the Jones Act waiver for 90 days, effective August 17 through November 15, 2026. The revised waiver adds a pre-voyage Vessel Availability Request, requires a MARAD market survey prioritizing coastwise-qualified U.S. vessels, and narrows covered commodities to 237 energy and agricultural products.

Key facts:

• Foreign-flag voyages now face voyage-by-voyage review.

• Requests must include vessel, operator, ports, dates, cargo quantity, and national-defense justification.

• U.S.-flag operators generally receive 24 hours to respond.

Review the Holland & Knight analysis and gCaptain’s operational summary.

How should shippers prepare?

Treat every waiver-dependent move as a regulated event. Submit requests before fixing foreign-flag capacity, preserve approval records, and coordinate cargo documentation across carriers, brokers, and terminals. Do not assume a previous waiver approval covers the next voyage.

The FMC also renewed its Ocean Transportation Intermediary information-collection requirements, with comments due October 13.

What freight-market and enforcement signals matter?

Global congestion is tying up approximately 1.7 million TEU. Trans-Pacific rates are rising while Asia–Europe rates cool, increasing the value of flexible routing and accurate inventory planning. Separately, the D.C. Circuit confirmed that detention and demurrage fees must promote freight fluidity, including when port closures prevent equipment returns. Read the congestion report.

What should trucking teams do before August 23?

Plan for DOT-linked CVSA Brake Safety Week on August 23–29. Verify brake maintenance, inspection records, and pickup buffers before the enforcement window.

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