Offshore Wind Worldwide Regulatory Framework in Selected Countries 5th Edition 2024 - Flipbook - Page 356
United States
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These requirements can represent a substantial challenge for the development of
the U.S. offshore wind industry. The industry
has responded in multiple ways. Some are
building new vessels. This year, the first service operations vessel (SOV) for the offshore
wind industry, the ECO Edison, was christened to support Orsted offshore wind activities.10 The Congressional Research Service
reports that four other Jones Act-compliant
SOVs and as many as twenty crew transfer
vessels are under construction.11
surface or subsea structure.”13 CBP subsequently spelled out what activities can be
conducted on the non-Jones-Act-qualified
vessel and what activities require a U.S.-flagged vessel.14 While this workaround entails a
certain inefficiency and lack of flexibility, for
now, it appears to be the dominant course
for the industry.
On the more costly and complicated end of
the spectrum, Blue Ocean Energy Marine,
a subsidiary of Dominion Energy Inc., has
contracted for the construction of the
Charybdis, an installation vessel, to support
the development, installation, and maintenance of offshore wind generation projects
in the United States, which is scheduled to
enter service in the next year.12 Still others
are pursuing a workaround for installation.
Customs and Border Protection (CBP) has
approved what is known as the “two vessel
solution,” which involves a non-U.S.-flagged installation vessel that remains at the
offshore construction site paired with a U.S.flagged barge that ferries supplies to and
from the construction site. To enable this
arrangement, CBP had to revoke prior rulings
that “a non-coastwise-qualified vessel engaging in offshore lifting operations would
violate the Jones Act […] when it moves
a short distance to avoid collision with a
10 Orsted and Shipbuilder Edison Chouest Christen American-Built Offshore Wind Service Operations Vessel.
11 IF12491 (congress.gov).
12 Charybdis | Dominion Energy.
13 53 Customs Bulletin and Decisions, No. 45 (December 11, 2019).
14 Rulings HQ H328183 (April 11, 2023); HQ H327590 (December 16, 2022); and HQ H300692 (April 14, 2022); H316313 (Feb. 4, 2021).
