AWO Letter - July 23, 2024

AWO Welcomes Three New Members. Please join AWO in giving a warm welcome to our newest members:
  • LabMar Inland LLC provides tug and barge solutions for customers along the Gulf Coast region, specializing in offshore oil and gas industry transportation.
  • Birdon America, Inc. is an experienced prime contractor with an in-house design and engineering team. They have five established locations across the United States, as well as locations within Australia, Europe, and Asia. 
  • GHD, based in Houston, TX, is a global, multidisciplinary professional services network providing clients with integrated solutions across digital, engineering, environmental, design and construction. They support clients in emergency response, training, industrial hygiene, compliance/permitting, decarbonization strategy, and more.
Please contact Caitlin Kidd if you have any questions.
 
VIDA Implementation is Critical Opportunity to Reduce Recordkeeping, Reporting Burdens, AWO Tells Coast Guard. In response to the Coast Guard's request for information (RFI) on vessel discharges recordkeeping and reporting requirements, AWO has urged the Coast Guard to critically evaluate what information is necessary to evaluate and enforce environmental compliance; create a recordkeeping and reporting framework narrowly tailored to meet those needs; and reconsider regulations that impose costs and other burdens on towing vessel and barge operators with no environmental protection or compliance benefit. Specifically, AWO called on the Coast Guard to:
  • Exempt from future reporting requirements vessels equipped with ballast tanks that do not take up or discharge ballast water; use water from a public water supply as ballast water; or discharge treated ballast water from a type-approved ballast water treatment system;
  • Do away with the EPA Vessel General Permit's process for submitting Electronic Notices of Intent and Notices of Termination and the requirement to submit annual reports for vessels with no instances of non-compliance;
  • Streamline compliance for unmanned, unpowered barges as a distinct and operationally unique vessel class; and 
  • Create a more efficient reporting system.
EPA is on track to finalize its performance standards for vessel discharges by a court-mandated deadline of September 23, 2024, and the Coast Guard is preparing to initiate its rulemaking to establish implementing regulations - including for inspections, recordkeeping, and reporting - as required by the Vessel Incidental Discharge Act (VIDA). Please contact Caitlyn Stewart with questions or for more information.
 
Coast Guard Clarifies Harassment Reporting Process at AWO's Urging. The Coast Guard Investigative Service (CGIS) recently began increasing its communication to companies that report potential incidents of harassment. AWO has discussed the need for clearer communications from the Coast Guard and appreciates that CGIS's responses to reporting companies now include information on whether a criminal investigation is being initiated and potential actions of the Coast Guard Suspension and Revocation National Center of Excellence. Additionally, CGIS confirmed that the statutory requirement under 46 USC 10104 (d) for after action reports does not apply to harassment allegations, only to sexual harassment and sexual assault allegations, a clarification AWO has advocated for. AWO looks forward to a pending MSIB update that will shed light on the Coast Guard's interpretation.
 
AWO Comments on Marijuana Rescheduling Proposal. AWO recently submitted comments to the U.S. Department of Justice regarding the Department's proposal to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act. The U.S. Department of Transportation (DOT) and U.S. Coast Guard have both stated that the change to Schedule III will not impact their statutory and regulatory authority to continue requiring testing for marijuana. However, the Coast Guard recently shared a new concern that rescheduling could impact the U.S. Department of Health and Human Services' (DHHS) authority to set scientific and laboratory standards for testing. With that concern in mind, AWO's comments advocate for intergovernmental collaboration that ensures DHHS' authority remains intact before any additional action on potential rescheduling proceeds.
 
AWO Discusses Solutions for Medical Certificate Delays with NMC. Following a recent National Maritime Center (NMC) announcement about a growing backlog of medical certificate applications, AWO met with NMC Commanding Officer CAPT Bradley Clare to discuss the damaging impact increased processing times have on mariners and industry operations and how processing times can be reduced. The NMC has committed to adding additional staff resources, including contractors responsible for administrative processing, and utilizing and cross-training existing NMC staff. While the NMC points to a dramatic increase in duplicate submissions as a leading cause of the increase in its processing workload, AWO explained that a lack of communication from the NMC often leads mariners to submit duplicate applications because they do not know whether their application was received. 
 
For its part, the NMC has committed to ensure that all submissions to the MEDAIP@uscg.mil email receive autogenerated responses, and is also working to make sure call center staff can see what applications have been received by email. At present, the call center only knows that applications have been received after they have been initially processed into the NMC's system, which can lag by many days from the time the application is submitted. 
 
Companies and mariners, meanwhile, should ensure medical certificate applications are complete. The NMC reports that 30% of medical certificate applications it receives are incomplete, and only complete applications move forward into processing and evaluation. Additionally, medical certificate applications should be emailed directly to MEDAIP@uscg.mil, not a Regional Exam Center. At present, only half of all applications are being sent directly to the MEDAIP email, leading to delays. Companies and mariners should follow the email subject line guidelines detailed here, which will make it easier for NMC staff to identify an application, efficiently clear duplicates, and better respond to communications seeking confirmation of application receipt. Common errors on incomplete applications are detailed here.
 
NMC Upgrades New MMC Printing Format. This spring, the National Maritime Center (NMC) transitioned to a new printing format for Merchant Mariner Credentials (MMCs), moving from the passport-style book to a single page to minimize printing delays caused by outdated and unreliable specialized booklet printers. Based on early industry and mariner feedback, the Coast Guard will be upgrading the synthetic paperstock to one that is "significantly more tear resistant." The appearance and security features will remain the same. If you have any feedback or concerns about the new format and/or the upgraded paperstock, please contact Patrick Parsons.
 
Sen. Lee Introduces Jones Act Exemption Bills to "Reopen" Baltimore. Nearly a month to the day after Maryland Governor Wes Moore announced the full reopening of the Port of Baltimore, Senator Mike Lee (R-Utah) introduced legislation that would exempt vessels from the Jones Act to "expedite recovery efforts for Baltimore and its vital port." 
 
Senator Lee was not only late in his effort to use the collapse of the Francis Scott Key Bridge as justification for his long-running effort to weaken the American maritime industry, but was also inaccurate in his premise that the Jones Act was an obstacle "standing in the way of Baltimore's recovery." For weeks before Sen. Lee introduced his legislation, Jones Act mariners, vessels, and companies were leading recovery and salvage operations, culminating in the reinstatement of the Fort McHenry Federal Channel, reopening the port following the bridge collapse. 
 
AWO is proud of and grateful to the member companies and industry and government partners involved in the Port of Balitmore's recovery, and AWO and the American Maritime Partnership will adamantly oppose legislation like Sen. Lee's that seeks to use crises to pursue political agendas against America's maritime industry. 
 
DOT Issues Report on Transportation Decarbonization. The Department of Transportation (DOT) recently released a report to Congress on decarbonizing U.S. transportation. In the report, DOT acknowledges the carbon efficiency of waterborne transportation and calls for greater utilization of freight transportation on our waterways to make immediate greenhouse gas reductions - a message that aligns with AWO's CEO Sustainability Task Force recommendations. The report also offers suggestions for improving the efficiency of maritime transportation by bolstering the Title XI loan guarantee program and increasing funding for the U.S. Marine Highway, Small Shipyard Grant, and Port Infrastructure Development programs.
 
OSHA to Propose New Heat Injury Illness and Prevention Standard. The Occupational Safety and Health Administration is set to publish a new heat injury and illness prevention standard proposal to require that employers develop a Heat Injury and Illness Prevention Program (HIIPP) for both indoor and outdoor work. Per the proposed standard, an employer's program must be based on two heat index triggers and include:
  • Recording and monitoring of heat temperatures and hazards;
  • Listing, creating a plan for, and monitoring all site and area-specific work activities;
  • Providing proper heat acclimatization over 5-day periods, water and break areas, and paid breaks for employees;
  • Providing continual employee training and non-managerial employee input on operation's HIIPP; and
  • Designating heat safety coordinators, supervisory training on heat illness and emergency response, and creation of an emergency heat response plan. 
Because OSHA does not enforce standards for crewmembers on Coast Guard-inspected vessels due to the agencies' Memorandum of Understanding, the proposal will not affect individuals employed onboard towing vessels, though its provisions may apply to shoreside personnel, including maintenance personnel, warehouse personnel, and shipyard and longshore workers. 
 
AWO will host a virtual meeting for members on August 20 at 2:00 PM EDT to discuss the proposal and help guide AWO's comments. To participate in the meeting, or for further information, please contact Lillie Wightman.
 
CISA Releases Updates to Maritime Critical Infrastructure Resource. In early July, the Cyber and Infrastructure Security Agency published the Marine Transportation System Resilience Assessment Guide, designed to help federal, state, and local officials, as well as private infrastructure owners, enhance the resilience of maritime infrastructure. The guide, which includes four case studies and a variety of resources, aims to support informed decision-making and improve the resilience of the MTS. It provides a comprehensive framework for conducting maritime resilience assessments, focusing on four key objectives: defining functions and characterizing systems; analyzing critical infrastructure and dependencies; understanding the impacts of disruptive events; and identifying resilience enhancement alternatives. 
 
Please contact Liam Morcroft with any questions about the guide or CISA's other resources. 
 
Coast Guard Report Documents Strong Compliance Performance of Inspected Barges and Towing Vessels. The Coast Guard's 2023 Flag State Control Domestic Annual Report highlights U.S. domestic fleet inspection, deficiency, and marine casualty statistics for inspected barges, cargo vessels, passenger vessels, offshore supply vessels, fishing vessels, and towing vessels. In 2023, the Coast Guard counted 4,869 inspected towing vessels and 4,919 inspected barges in the active domestic vessel population. The report demonstrates that the 2023 compliance performance of the inspected barge and towing vessel fleets was strong, stating that, of all vessel types, inspected barges had the lowest number of deficiencies per vessel, at 0.4, while inspected towing vessels had the second-lowest, at 1.1. The inspected towing vessel fleet had the highest number of vessels involved in a reportable marine casualty, at 1,062 and was second to inspected cargo vessels in the percent of the fleet involved in a reportable marine casualty, at 22% versus 42%. Inspected towing vessels also experienced the highest number of detentions among the segments, at 17, but had the third-lowest detention rate, at only 0.35%. Inspected barges had the lowest number and rate of detentions, at 1 and 0.02%, respectively.
 
N-MEDMAC to Discuss Training Requirements in Mental Health and Women's Health. The Coast Guard's National Merchant Mariner Medical Advisory Committee (N-MEDMAC) will meet virtually on August 14 to draft recommendations for training requirements on mental health and women's health. If you are interested in learning more or participating in the meeting, please contact Patrick Parsons
 
MARAD Awards Small Shipyard Grants. The Maritime Administration (MARAD) awarded $8.75 million in grants to 15 small shipyards in 12 states through the Small Shipyard Grant Program. AWO congratulates its members among the 2024 awardees, including Birdon America, Inc., James Marine LLC, C&C Marine Repair, and Cooper Consolidated, LLC. The grants are intended to help modernize small shipyards, increase productivity, and expand local job opportunities. The program has awarded more than $310 million to small shipyards across the country since 2008. A full list of 2024 awardees can be found here.
 
AWO PAC Corner
 
AWO and Inside Elections. AWO PAC has partnered with Inside Elections for another special edition, featuring insights on the presidential race, House and Senate elections, and more.  
 
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.
 
AWO Partners with PIANC USA on Smart Rivers 2025 Conference. AWO was recently designated as an Organizational Partner for Smart Rivers 2025, an international conference that will be hosted by the World Association for Waterborne Transportation Infrastructure (PIANC) September 8-12, 2025, in Memphis, TN. The conference, structured around the theme "Celebrating the World's Navigable Rivers," will focus on topics including waterway infrastructure, climate change, rivers and river system management, smart shipping and waterways, logistics, and more. 
 
Smart Rivers 2025 is now accepting abstracts on these topics, which can be submitted here
 
U.S., Canada Reach Agreement on Columbia River Treaty. After months of negotiation, the U.S. and Canadian governments renewed the treaty on the management of the Columbia River. This "agreement in principle" guarantees adequate flows for hydropower and flood control in both countries. Adequate flow rates are vital for barge transportation on the Columbia Snake River system, and AWO will continue to actively monitor the situation to ensure that the final treaty prioritizes navigation.
 

 
Moran Towing Hosts Savannah Tugboat Tour. On July 11, Moran Towing Company hosted a tugboat tour in Savannah, GA. Staff from Senators John Osoff (D-GA) and Rafael Warnock (D-GA), Reps. Buddy Carter (R-GA) and Rick Allen (R-GA), and Georgia State Representative Anne Westbrook (D) attended the tour. Thank you to Moran for hosting and to all who participated!  
 

 
ARTCo Hosts Congressional Towboat Tour in St. Louis. On July 10, American River Transportation Company (ARTCo) hosted a towboat tour in St. Louis. Staff from the offices of Senators Josh Hawley (R-MO), Eric Schmitt (R-MO), and Tammy Duckworth (D-IL), and Representatives Cori Bush (D-MO), Blaine Luetkemeyer (R-MO), and Nikki Budzinkski (D-IL) attended, as did Missouri State Senator Tracy McCreery (D-MO) and her staff. Thank you to ARTCo for sponsoring this successful tour. 
 
Midwest Region Roundtable and Sector Luncheon Held in St. Louis. AWO held its Midwest Region Roundtable meeting on July 11 at American River Transportation Company (ARTCo) in St. Louis. Over 30 AWO members joined the roundtable to discuss a variety of topics including AWO's federal and state advocacy work, inspection scheduling challenges, harassment reporting, and the Bridge Event Reporting Program. Following the roundtable, members joined Coast Guard Sector Upper Mississippi River for a luncheon. Thank you to ARTCo for hosting both events! 
 
Join Us for the Safety Committees' Summer Meeting in Chicago. Join fellow members and AWO staff at the Safety Committees' Summer Meeting this August! This highly-anticipated event, set for August 14-15 in Chicago, will feature discussion on industry best practices for safe operation on multi-use waterways, review of lessons learned from high-profile events, including the Key Bridge response and fall overboard incidents, updates from OCIMF on SIRE 2.0 and a special presentation by Sharon Lipinski, who will discuss how to secure senior leader buy-in for your safety program. Plus, there will be plenty of opportunities to network, including a Major League Baseball game outing, breakfast, terrace receptions, and a social dinner. 
 
Check out this promotional video from scheduled speaker Sharon Lipinski. 
 
 
Mark Your Calendars for Upcoming AWO Events. Join us this summer or fall at one of our upcoming events, coming to a city near you: 
  • Southern Region Roundtable - July 24 Houston, TX
  • Ohio Valley Region Roundtable - Aug. 1 Paducah, KY
  • Safety Committees' Summer Meeting - Aug. 14-15 Chicago, IL
  • Atlantic Region Roundtable - Aug. 22 Staten Island, NY
  • Pacific Region Roundtable - Aug. 28 Vancouver, WA
  • Fall Convention & Board of Directors Meeting - Oct 8-9 Long Beach, CA
Please reach out to Caitin Clark with any questions.