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Originally posted by justadood
reply to post by Stormdancer777
The reason for not 'accepting' help was just posted above. The current law, as silly as it is, is an obstacle. Complaining about the law seems silly. This is how these things work. Unfortunately, they take time. Hindsight being 20/20, its kind of easy to say "oh they should have thought of that" from the sidelines.
Originally posted by justadood
reply to post by Stormdancer777
Yes. I read that. You have posted in numerous times. I see that there are silly, outdated laws that are preventing solutions from being utilized.
My prediction is that this ship will never make it to the Gulf.
Requests for waivers of certain provisions of the act are reviewed by the United States Maritime Administration on a case-by-case basis. Waivers have been granted in cases of national emergencies or in cases of strategic interest.
In the wake of Hurricane Katrina, Homeland Security Secretary Michael Chertoff temporarily waived the U.S. Shipping Act for foreign vessels carrying oil and natural gas from September 1 to September 19, 2005.
Originally posted by justadood
Americans are slwoly being conditioned to accept a Disctator with all these calls for Obama to "do" all kinds of things he does not have the leagl authority to do.
Katrina struck Louisiana on August 29th, and the Jones Act was waived on September 1st, 3 days later. So please stop trying to defend this regimes actions by saying they don't want to break laws.
Originally posted by justadood
reply to post by Ferris.Bueller.II
Is that the only law standing in their way? I'm not trying to defend "Obama", by the way. My point is let's discuss the specific laws and issues, and do away with the "Obama wants this to happen" speculation.
I'm more interested in defending the limitations of the office of Executive Chief, being a fan of Democracy, and all.
Perhaps you prefer the trains run on time.
"§ 55113. Use of foreign documented oil spill response vessels "Notwithstanding any other provision of law, an oil spill response vessel documented under the laws of a foreign country may operate in waters of the United States on an emergency and temporary basis, for the purpose of recovering, transporting,
and unloading in a United States port oil discharged as a result of an oil spill in or near those waters, if--
"(1) an adequate number and type of oil spill response vessels documented under the laws of the United States cannot be engaged to recover oil from an oil spill in or near those waters in a timely manner, as determined by the Federal On-Scene Coordinator for a discharge or threat of a discharge of oil; and
"(2) the foreign country has by its laws accorded to vessels of the United States the same privileges accorded to vessels of the foreign country under this section.
www.1800jonesact.com...
But a number of hurdles stand in his way. TMT officials said the company does not yet have government approval to assist in the cleanup or a contract with BP to perform the work.
To join the fight, the ship also might require separate waivers from the Coast Guard and the U.S. Environmental Protection Agency.
After the separation process, the oil would be transferred to other tankers or shore-based facilities while the remaining water would be pumped back into the gulf.
Because the process wouldn't remove all traces of oil from the seawater, TMT will likely have to gain a special permit from the EPA, said Scott H. Segal of the Washington lobbying firm, Bracewell &Giuliani, which TMT has retained to help negotiate with federal regulators.
"The simple answer is, we don't know what the discharge will look like until we can take A Whale out there and test it," Segal said. TMT will work with regulators to determine an appropriate level of oil that can be contained in the ship's discharge.
TMT also is firm is working with the Coast Guard to gain approval to operate in the gulf, which may require a waiver from a 90-year-old maritime act that restricts foreign-flagged vessels from operating in U.S. waters, said Bob Grantham, a TMT project officer.
Connaughton, the former federal Maritime Administrator, said he doesn't believe the A Whale would require a waiver from the Jones Act, a federal law signed in 1920 that sought to protect U.S. maritime interests.
Coast Guard inspectors toured the ship for about four hours on Thursday to determine the ship's efficacy and whether it was fit to be deployed, said Capt. Matthew Sisson, commanding officer of the Coast Guard's Research and Development arm in New London, Conn.
"We take all offers of alternative technology very seriously," Sisson said. The ship, he said, is "an impressive engineering feat."
He would not offer a timetable for Coast Guard approval of the vessel, but said he will try to "turn around a report … as soon as humanely possible."
Of course, even if the ship gains approval to operate in the gulf, its owners expect the company to be paid for its efforts.
"That's an open question," Segal said. "Obviously, (TMT) is a going concern and its people would need to be compensated for their time and effort."