Protecting Access to American Products Act

Temporary coastwise waiver for shippers

If enacted, shippers and carriers would be able to request a temporary waiver of coastwise endorsement rules when no qualifying product carrier is available for a specified good. Requesters would need to show there is no product carrier available and that they made a good-faith effort to find one. The agency would have 60 days to approve or deny the request; if it takes no action the request would be deemed granted on day 61 and the deemed waiver would be valid for 30 days. Any granted waiver would expire on a date at least 30 days after issuance. On request, the agency would be able to grant one or more extensions of at least 15 days if circumstances have not substantially changed. If denied, the agency would have to give the requester written findings within 14 days. The agency would have to notify Congress within 48 hours of receiving any request and within 48 hours after issuing any waiver and explain why the waiver is necessary. The bill would define "product carrier" and who counts as the "head of an agency."