AWO Letter - December 13, 2024
12/16/24
Coast Guard Bill Pulled From NDAA. Senate negotiators were unable to reach consensus on several outstanding issues in time for the Coast Guard authorization bill to be attached to the annual National Defense Authorization Act (NDAA). With legislative business in the 118th Congress wrapping up, the last remaining vehicle for bill passage would be the upcoming Continuing Resolution (CR). However, House and Senate leaders generally avoid adding extensive titles to CRs to ensure passage in both chambers. For more information, please contact AWO Vice President - Legislative Affairs Craig Montesano at 703-841-9300, ext. 297 or cmontesano@americanwaterways.com.
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House Passes Water Resources Development Act of 2024. On December 11, the House of Representatives passed the Water Resources Development Act (WRDA) of 2024 under suspension of the rules. The bill includes a significant positive change to the cost-share for construction and major rehabilitation projects on the inland waterways, from 65% general revenues/35% Inland Waterways Trust Fund (IWTF) to 75%/25%. This adjustment is projected to provide an additional $1.4 billion over ten years for Energy and Water Development appropriations that fund the U.S. Army Corps of Engineers.
Additional key provisions in WRDA 2024 include section 1118, which enhances contract awarding criteria for the Inland Waterways Regional Dredge Pilot Program to improve navigation reliability and freight capacity, and section 1149, which allows the Corps to proceed with plans for remote lock operations only if security and stakeholder engagement conditions are met.
This legislation marks a significant win for inland waterways infrastructure, promising increased funding and improved operations. AWO salutes Waterways Council, Inc., for its leadership in securing these provisions to help improve our nation's vital inland waterways system.
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Coast Guard Releases New LNM/LL Application. The U.S. Coast Guard has released its new GIS-based Local Notice to Mariners and Light List application. The new application will replace the historical weekly notices and provide vital navigation safety information with more frequent updates, as often as every 15 minutes. You can access the new app here, and a user guide here.
The Coast Guard plans to update its regulatory guidance to reflect the transition to the new application. AWO will keep members informed as guidance is released.
Carriage requirements can currently be satisfied by maintaining the necessary publications outlined in 33 CFR 164.72(b)(2) or the equivalencies outlined in NVIC 01-16(CH2). These publications can be updated on a per voyage basis.
More information on the new application can be found here. Please reach out to Liam Morcroft with any questions or concerns.
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MARAD Announces 2024 Marine Highway Grant Awards. The Maritime Administration (MARAD) recently announced the recipients of $4.8 million in grant funding under the United States Marine Highway Program, intended to promote the use of marine highways to shift cargo from congested landside modes onto more fuel-efficient waterways. Five projects were funded in Louisiana, Puerto Rico, Washington, and West Virginia. AWO member Tidewater Barge Lines received an award to acquire a low-emission container handler to divert cargo from roads onto the M-84 marine highway.
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Join Us at AWO State Advocacy Events in 2025. AWO is planning two state Barge-Ins in the first quarter of 2025. Atlantic region operators, please be on the lookout for an email about pending Barge-Ins in Albany, NY and Annapolis, MD. In New York, issues of focus will include a proposed carbon tax and Hudson River concerns, and in Maryland we plan to educate policymakers about our industry and work to ensure a thoughtful response to the Key Bridge collapse. Proposed dates and registration information will be forthcoming.
In the Pacific Region, the Washington Maritime Federation's Maritime Day is January 29 in Olympia, and AWO's Vice President - Pacific Region and Regional Team Lead Peter Schrappen will be a co-lead for this event. Maritime Day brings together stakehodlers from across the maritime industry to meet with legislators in Olympia. With new leadership in the Governor's mansion, many new legislators, and an expected budget shortfall, advocacy in Washington state will be paramount in 2025. Priorities for this event include increasing funding for commercial pumpouts and discouraging any new taxes or regulations. Please contact Peter if you would like to attend.
Stay tuned as we add more states to our 2025 State Barge-In schedule!
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Coast Guard Issues Final Rule on MMC Endorsement Titles and Course Completion Submission. Effective January 17, 2025, the Coast Guard will replace several current Merchant Mariner Credential (MMC) endorsement titles with updated gender-neutral titles. For example, the Tankerman endorsement title will change to Tank Barge-PIC and the Able Seaman title will change to Able Seafarer. Operators and mariners do not need to take any action as the Coast Guard will begin using these changed titles on new and renewal credential applications. Additionally, the final rule will require Coast Guard-approved training providers to electronically submit student course completion data to the Coast Guard, via Homeport, within 5 business days of completion. This action is being taken to improve the efficiency of credential processing by ensuring the National Maritime Center has necessary information to evaluate mariner professional requirements with minimal delay.
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AWO Members Honored at River Bell Awards. On December 5, AWO members were honored during Seamen's Church Institute's annual River Bell Awards luncheon in Paducah, KY.
Congratulations to all of this year's awardees!
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Coast Guard Flag Officer and Senior Executive Service Assignments Announced. The Coast Guard recently released its flag officer and civilian senior executive assignments for 2025. AWO commends those individuals advancing into new positions and will continue to work with existing and new Coast Guard leaders to strengthen maritime safety and commerce. Several notable assignments include:
Leadership transitions will generally take place next in Spring 2025.
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AWO PAC and Inside Elections. AWO PAC has partnered with Inside Elections for another special edition, featuring post-election analysis of the 2024 elections.
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AWO PAC is the connected political action committee for The American Waterways Operators and serves as the trade association's separate segregated fund. As a trade association, AWO is prohibited from using general treasury funds or membership dues to make federal contributions. AWO is one of the most effective advocacy associations in Washington, DC, and relies on voluntary personal contributions to fund AWO PAC.
AWO PAC supports federal candidates who are champions of the U.S. tugboat, towboat and barge industry and who are leaders on issues important to our industry. AWO PAC is dedicated to protecting AWO members' investments in the safest, most environmentally responsible and most economical mode of freight transportation and safeguarding the integrity of the Jones Act to protect the bottom lines of our members.
AWO PAC may solicit contributions from individuals of a member company once the member representative gives AWO written prior approval.
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Judicial Deadline for Rice's Whale Critical Habitat Designation Delayed. Late last month, a U.S. District Court in Washington, D.C. ruled that the judicial deadline for the National Marine Fisheries Service (NMFS) designation of a critical habitat for the Rice's whale will be further delayed. The judicial deadline, originally set for late 2022, will now be July 15, 2025. The proposed critical habitat would be established in the Gulf of Mexico and has the potential to seriously disrupt maritime operations in the area. This extension will help to ensure that all potential impacts from the
rulemaking are evaluated. More information on the proposed critical habitat, including a map, can be found here.
Additionally, following a lawsuit from environmental groups, NMFS is facing another judicial deadline concerning the establishment of a new Biological Opinion (BiOp) for offshore oil and gas activities in the Gulf of Mexico. The plaintiffs in the case successfully argued that the previous BiOp failed to properly evaluate risks and provide appropriate protections for endangered species in the Gulf. The new deadline for the updated BiOp is May 21, 2025.
The North Atlantic Right Whale Vessel Speed Rule Amendment rulemaking has also been delayed past the projected publication target of November 2024. While there is no judicial deadline for this rulemaking, it is not likely that there will be any final agency action on the rulemaking until 2025. To find out more about the rulemaking click here.
AWO is actively working with coalition partners to ensure that the tugboat, towboat and barge industry's voice is heard, and is advocating for a solution that does not place onerous operational restrictions on vessels while protecting endangered species.
Please reach out to Liam Morcroft for any questions.
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Brandon Road Interbasin Project to Begin January 2025. The U.S. Army Corps of Engineers recently awarded a $15.5 million construction contract for site preparation and rock removal as part of the Brandon Road Interbasin Project (BRIP). The project is the first of three construction phases of the $1.15 billion project to mitigate the spread of invasive carp and other aquatic nuisance species into the Great Lakes.
Weekday closures at Brandon Road Lock will begin January 28, 2025, and continue through March 25, 2025. To minimize impact on vessel navigation, these closures will coincide with the full closure upstream of Lockport Lock. AWO will continue to work with the Corps, Illinois Department of Labor, and coalition partners to ensure navigation safety concerns are addressed as the BRIP moves forward.
For additional information, please contact Lillie Wightman.
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AWO Submits Comments on America's River Crossing Environmental Review. AWO recently submitted comments on the Tennessee and Arkansas Department of Transportation's Draft Environmental Assessment for America's River Crossing on I-55 over the Mississippi River Bridge Replacement. In the comments, AWO urged the project team to select the two-tower, three-span alternative to minimize the project's impact on navigation and thanks the team for its efforts to engage with local stakeholders.
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Coast Guard Urged to Maintain AToNs on Missouri River. As a result of advocacy from the Coalition to Protect the Missouri River (CPMR), Rep. Randy Feenstra (R-IA), along with other Missouri River Basin lawmakers and coalition partners, recently submitted letters to Coast Guard Sector Upper Mississippi River urging the Coast Guard to reverse its decision to remove 36 aids to navigation (AToNs) on the Missouri River north of Blencoe, Iowa. The letters discuss how the river continues to see increased usage and freight growth. Additionally, almost $500 million is being invested in the waterway to further support this continued growth. Removing these critical AToNs would be detrimental to these recent investments as well as navigation safety on the Missouri River.
AWO serves on the board of CPMR and is working with industry partners and the Coast Guard to ensure AToNs are maintained to support safe navigation and growth in the region.
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AWO Attends Coast Guard Foundation Dinner in Houston. AWO's Southern Region Vice President Jill Bessetti, Midcontinent Office Director Justin Lampert, and Safety and Sustainability Director Mike Breslin recently joined AWO Chairman Kelly Teichman of T & T Marine for the Coast Guard Foundation Dinner in Houston, TX. The event was a huge success for the Foundation and widely attended by AWO member companies. The Coast Guard Foundation provides resources to Coast Guard members and their families during times of crisis, helping to build resiliency and support across the service.
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AWO Comments on Space Launch Frequency in Texas. AWO recently submitted comments to the Federal Aviation Administration on its Revised Draft Tiered Environmental Assessment for SpaceX Starship/Super Heavy Increased Cadence. AWO does not oppose the increased frequency of launch and landing operations but urges the FAA to consider any and all impacts this activity may have on navigation. AWO also recommends that if the Coast Guard deems it necessary to establish Limited Access Areas, they should do so only after a 30-day public review and comment period. This will ensure that any operational restrictions do not unnecessarily impact members' operations.
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Coast Guard Issues Gulf of Maine Fairways ANPRM. The U.S. Coast Guard has released an Advanced Notice of Proposed Rulemaking (ANPRM) for the establishment of shipping safety fairways in the Gulf of Maine. The ANPRM proposes six fairways which AWO had advocated for in the Maine, New Hampshire, Massachusetts Port Access Route Study, and explores alterations to the fairway connecting to the Portland Eastern Approach Traffic Separation Scheme. AWO will be submitting comments by the January 21, 2025 deadline to support the establishment of the fairways to protect navigation from offshore wind development and to ensure that any alterations to the proposed fairways do not reduce safety for mariners.
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AIWA Hosts 25th Anniversary Conference in Charleston. The Atlantic Intracoastal Waterways Association, whose mission is to secure funding and support for the maintenance of the Atlantic Intracoastal Waterway, hosted its annual conference in Charleston last month. The meeting featured discussions with U.S. Coast Guard Sector Charleston, the U.S. Army Corps of Engineers, the Maritime Administration, and industry partners including AWO, the National Waterways Conference, and Boat US. AIWA's annual meeting was also an opportunity for the association and its members to celebrate 25 strong years of advocating for the waterway and its diverse community of stakeholders. Copies of presentations from the meeting are available on the AIWA website or here.
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Pacific Pilotage Authority Holds Webinar on BC Pilotage.The Pacific Pilotage Authority hosted a webinar on November 26 that outlined how US mariners can receive a waiver from British Columbia pilotage requirements. This update does not affect current waiver holders, but new applicants should review the new zones and be mindful that this interim order has replaced the previous standard of care and rules around pilotage in BC. For the latest information, guidelines, forms, and access to the Waiver Portal, members are encouraged to visit www.ppa.gc.ca. Please send any questions to Peter Schrappen.
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New Invasive Species Detected in California. Invasive golden mussels have been detected in California's Port of Stockton, marking the first detection of non-native golden mussels in North America.
Native to China and Southeast Asia, golden mussels are similar to quagga and zebra mussels in appearance and biology and pose significant threats to ecological and water health, infrastructure, and water quality. According to experts, a ship voyaging from an international port likely introduced the invasive species to the area. Without proper containment, they are likely to spread throughout the Delta and further inland.
To minimize their spread, the Coast Guard recommends vessel operators continue to follow their biofouling management plans and ensure ballast water management systems are operating appropriately. Additionally, the Coast Guard advises operators to review biofouling management and cleaning regulations.
If you observe any organisms you suspect to be golden mussels, you can report a sighting to California's Invasive Species Program webpage. For additional information, please contact Lillie Wightman.
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AWO Submits Comments on Base Seattle Expansion Project. AWO has submitted comments in support of the expansion and modernization of Coast Guard Base Seattle. AWO supports Alternative 1 of the Final Programmatic Environmental Impact Statement, which will benefit Washington state's $45 billion maritime industry and provide the Coast Guard with resources to advance its missions.
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Harness The Power of Habit - NEW Webinar on January 7. Start your New Year with AWO and a resolution to improve your habits for a healthier, more productive, and happier YOU! During a webinar on January 7 at 2:00 PM Eastern, Sharon Lipinski, the Habit Superhero, will explore how cutting-edge neuroscience can help build lasting, healthy habits. Learn a 3-step system to effectively change behavior. And this isn't just theory - participants in the webinar will create a new habit on the spot! If you want to understand why you do what you do and how to change it, then this is a don't-miss event.
Register today on the AWO events pageor contact Caitlin Clark for more information.
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Powering the Future: Sustainability Webinar Series. AWO's Winter Sustainability Webinar series is underway! Our first webinar on December 3 was led by sustainability experts at AWO member GHD and featured managers from American Commercial Barge Line and McAllister Towing. A recording and presentation materials are posted on the AWO Resources page, where members can view the webinar's step-by-step guidance for crafting a maritime-focused sustainability program.
Our second webinar on January 9 will feature members Spinergie, Bergan, MobileOps, and Fuel Trax, who will discuss digital tools and methods to measure the success of environmental, social, and governance (ESG) plan goals. Learn how using data can increase efficiency, reduce fuel consumption, and inform plans for future builds and overhauls. Then, on January 22, Kongsberg and Corvus Energy will explain how to realize the advantages of utilizing data-based performance measurements and ESG plans to inform decisions about the size and power needs of vessels using fuel cells and batteries, diesel-hybrid engines or fully electric power plants.
Don't miss your chance to be on the cutting edge of maritime sustainability innovations! Register today through your member-portal and contact Caitlin Clark for questions about registration.
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November 2024 Navigating to Zero Recap.The latest edition of AWO's Navigating to Zero Safety and Sustainability Newsletter featured articles on a major change in the Coast Guard's delivery methods and format for Local Notice to Mariners, Light Lists, and Navigation Chart updates; the Recreational Boater Safety Working Group's recent work and presentations; Coast Guard, BSEE, and intermodal safety reports; and recent AWO communications with OCIMF. The November safety newsletter also highlighted an impressive new fall overboard prevention system that Marquette demonstrated recently and featured Jeff Threadgill of RIO Marine as our Safety Professional focus.
Read these stories and other safety news in the November NTZ, and please be sure to send in your SSRP reports for the 3rd QTR., High Value Near Misses, and stories about your crew's HEROic acts!
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