After 6 Months of Jones Act Waivers, What Do We Know?
2nd November 2026
Since March 17, 2026, the federal government has implemented a months-long Jones Act waiver. This waiver allows foreign-flagged vessels to transport specified cargo between U.S. ports, easing shipping disruptions caused by the Iran conflict. As such, the waiver offers an opportunity to examine the Jones Act’s effectiveness in safeguarding and growing American shipping using recent shipping data.
Under federal law, two primary pathways exist for obtaining a Jones Act waiver. First, the secretary of war may request a waiver when it is necessary to address an immediate adverse effect on military operations, while certifying to Congress that qualified U.S.-flagged vessels are unavailable to meet the need. Second, the president may determine that a waiver is necessary in the interest of national defense, but only after the maritime administrator finds that sufficient Jones Act-qualified vessels are not available.
Jones Act waivers have been used most often during natural disasters like Hurricane Katrina, which caused significant loss of life and destruction.
Maritime industry groups have argued that the extended waiver has displaced U.S.-flag vessels and harmed American maritime employment. However, the Kirby Corporation, the only publicly traded Jones Act operator to discuss the effect directly with investors, panned the waiver’s impact.
“We haven’t really seen a big impact for Kirby,” explained Kirby CEO David Grzebinski, in the company’s second quarter 2026 earnings call. “We have heard of a couple participants losing some contracts because of non-Jones Act equipment. So far, it’s benign,”
The number of ‘U.S. flag vessels’ in world maritime commerce is vanishingly small, chiefly due to the Jones Act.