AWO Letter - September 17, 2024

Leadership Council Meets with Commandant, Senior Coast Guard Leaders. Last month, the AWO Leadership Council -- Board Chair Kelly Teichman, Vice Chair Patrick Sutton, Immediate Past Chair Rick Iuliucci, and Treasurer Brian Hughes -- joined President & CEO Jennifer Carpenter for a meeting with ADM Linda Fagan, Commandant of the Coast Guard, at Coast Guard headquarters in Washington, DC. ADM Fagan was joined by Deputy Commandant for Operations VADM Peter Gautier, Assistant Commandant for Prevention Policy RADM Wayne Arguin, and Director of Maritime Transportation Systems Mr. Mike Emerson. The Leadership Council and the Commandant affirmed AWO's and the Coast Guard's strong commitment to partnership and AWO's member leaders highlighted areas in which AWO and the Coast Guard can work better together to advance shared goals while reducing pressure on mutual pain points.
 
Specifically, the Leadership Council asked ADM Fagan to ensure that timely, transparent opportunities for front-end consultation with stakeholders are built into the agency's policymaking processes so that Coast Guard policies are well informed by real-world perspectives, noting that the policy letters implementing the Safer Seas Act are having big bottom-line consequences for vessel operators and would have benefitted from more stakeholder consultation prior to publication. The Leadership Council also sensitized the Commandant to AWO members' growing alarm about extended delays and increasing errors in the mariner credentialing process, which has caused mariners to lose work and operators to struggle to crew vessels, and asked her to direct and support the National Maritime Center in identifying process improvements that will bridge the gap until the implementation of the new web-based credentialing system, NAVITA. ADM Fagan and her team were receptive to these concerns and reiterated their appreciation for the work AWO members do every day to support the mutual goals of marine safety, security, sustainability and efficient maritime commerce.
 
CBP Issues Jones Act Ruling Letters. U.S. Customs and Border Protection (CBP) recently issued two ruling letters on the application of the Jones Act to offshore wind construction. In the first ruling, CBP followed its precedent confirming that use of a coastwise-qualified tug and barge to transport components to a foreign-flag vessel performing lifting operations is compliant with the Jones Act. In the second ruling, CBP ruled for the first time that it would violate the Jones Act if a foreign-flag vessel were to transport both monopiles and transition pieces from a U.S. location to the turbine site on the Outer Continental Shelf where they are installed. AWO closely monitors CBP's rulings and engages with CBP officials to educate them on maritime operations. For questions about AWO's work with CBP, contact Patrick Parsons.
 
SOCP Releases Updated SASH Best Practices Guide. The Ship Operations Cooperative Program (SOCP), a nonprofit organization that includes U.S. maritime industry and government agencies, recently released an update to its Best Practices Guide on the Prevention of and Response to Sexual Harassment & Sexual Assault in the U.S. Merchant Marine. This document "is designed to identify and share the best practices used by maritime companies of all sizes to implement prevention-and-response policies" for sexual assault, sexual harassment, retaliation, bystander intervention, bullying, hazing, coercion, stalking, and other prohibited behaviors. For additional SASH-related materials, you can also access the AWO Resource Library's content that includes resources, training materials, and templates.
 
AWO Attends Coast Guard ASP Workshop. AWO staff attended the Coast Guard's Alternative Security Plan (ASP) workshop in Washington, DC, in early September, during which ASP sponsor organizations met to discuss emerging security threats and Coast Guard initiatives.
 
During the meeting, the Coast Guard provided updates on its pending final rule to establish cybersecurity requirements for facility and vessel operators, which is currently under review by the Department of Homeland Security. While the Coast Guard was unable to share specifics on the language of the final rule, officials said they have taken steps to decrease onerous and duplicative cyber incident reporting burdens for maritime operators, as urged by AWO. Attendees were also briefed on the Coast Guard's work with the Federal Aviation Administration to combat unauthorized drone activity in and around vessels and maritime facilities.
 
As a reminder, AWO's ASP was reapproved by the Coast Guard in August. Members using the AWO ASP must ensure that all revisions in the reapproved plan are implemented by November 14, 2024. A copy of the new AWO ASP can be found on the member side of the AWO website. For any questions about the meeting or the AWO ASP, please reach out to Liam Morcroft.
 
AWO Recommendations Endorsed by N-MERPAC. AWO recently attended the Coast Guard's National Merchant Marine Personnel Advisory Committee (N-MERPAC) meeting and made several recommendations that were adopted by the committee. N-MERPAC is a federal advisory committee that advises the Coast Guard on matters relating to the training, qualifications, certifications, documentation, and fitness of mariners. The AWO recommendations adopted by N-MERPAC called on the Coast Guard to:
  1. Establish procedures to ensure the National Maritime Center (NMC) adheres to communication preferences selected by a mariner, including mailed versus emailed "Awaiting Information" letters and expedited versus USPS mailed credentials.
  2. Ensure the online "Merchant Mariner Application Status" tool provides accurate, up-to-date information on the status of a mariner's credentials and medical certificate.
  3. Allow mariners to sail if the NMC has approved their credentials, even if a physical copy of their credentials has yet to be received.
  4. Revise MSIB 06-23 to clarify that credentials need not be printed in order to be considered valid by the USCG.
AWO is working with the Coast Guard to advance these recommendations and will continue to engage with N-MERPAC to amplify our advocacy. To learn more about these recommendations or the work of N-MERPAC, please contact Patrick Parsons.
 
AWO Joins Coalition Letter to House Small Business Committee. AWO recently joined a coalition of 50 trade associations on a letter led by the National Federation of Independent Business (NFIB) urging the House Committee on Small Business to take legislative action aimed at providing regulatory relief and reducing red tape for small businesses. "Over the last three and a half years, more than $1.6 trillion in new regulatory costs and almost 300 million new paperwork hours have been imposed on the private sector," the letter explains. "These new burdens fall disproportionately on small businesses that do not have lawyers and compliance officers to navigate complex regulatory issues."
 
Washington Maritime Careers Interviews AWO President. AWO President & CEO Jennifer Carpenter recently joined Washington Maritime Careers for a video interview, discussing the Jones Act and its impact on the economy and maritime security, tugboat, towboat and barge industry priorities, and much more. The full interview is available on the Washington Maritime Partners YouTube channel.
 
AWO PAC Corner
 
AWO PAC and Inside Elections. AWO PAC has partnered with Inside Elections for another special edition, featuring insights on the presidential race, analysis of congressional 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 and Industry Respond to Hurricane Francine. AWO Southern Region Vice President Jill Bessetti represented AWO as a member of the Joint Hurricane Team during Hurricane Francine, which made landfall in Southern Louisiana on September 11. Jill attended multiple Port Coordination Team calls in several Coast Guard Captain of the Port zones to ensure a coordinated and steady response, and worked in partnership with the Gulf Intracoastal Canal Association, the USCG, the U.S. Army Corps of Engineers, and other stakeholders to assess maritime impacts and field issues concerning members. AWO stands ready to advocate for the tugboat, towboat and barge industry in the storm's aftermath and thanks all involved in the response for their professionalism and commitment to the safety and security of the marine transportation system.
 
Congressional Towboat Tour Held in Nashville. On September 6, Hines Furlong Line hosted a well-attended towboat tour in Nashville onboard the m/v James H. Hunter. Staff from the offices of Senator Marsha Blackburn (R-TN), Representatives Mark Green (R-TN), David Kustoff (R-TN), John Rose (R-TN), Scott DesJarlais (R-TN), Andy Ogles (R-TN), and Tennessee State Senator Jeff Yarbro (D) attended, along with Tennessee State Representative Aftyn Behn (D). Thank you to Hines Furlong Line for sponsoring this very successful tour!
 
AWO Hosts Pacific Region Roundtable. Pacific Region members gathered in late August for a roundtable at the offices of Tidewater Barge Lines in Vancouver, Washington. About 40 AWO leaders joined AWO staff, including President & CEO Jennifer Carpenter, to discuss mariner credentialing, the California Commercial Harbor Craft rule and AWO-supported legislation to address the rule's deficiencies, and British Columbia Pilotage rules, among other issues. The day ended with an update from Coast Guard Sector Columbia River, which included information on cybersecurity warnings, personnel changes, and other collaborative efforts underway in the region.
 
AWO Hosts Sector Jacksonville Luncheon. AWO hosted CAPT Janet Espino-Young and her Coast Guard Sector Jacksonville staff for a lunch meeting on August 27 in Jacksonville, FL. The meeting gave the Sector and AWO members the opportunity to discuss issues ranging from Subchapter M compliance to hurricane preparedness to stowaways, as well as introduce industry to new members of the Sector Jacksonville command staff.
 
BOEM Hosts Virtual Discussion on Future of Offshore Wind Development in the Atlantic. The Bureau of Ocean Energy Management's Central Atlantic Intergovernmental Renewable Energy Task Force met virtually on September 10-11 to discuss the recently announced Central Atlantic Call Area 2. BOEM is working with government partners, impacted industries, and the public to identify areas for future wind lease areas offshore New Jersey, Delaware, Maryland, Virginia, and North Carolina. With such a large area under consideration for future development, AWO took the opportunity to stress the importance of avoiding conflicts with the Coast Guard's proposed Atlantic Coast Fairways. In addition to the September 10-11 meeting, BOEM has planned public meetings in Moorhead City, Virginia Beach, Ocean City, Rehoboth Beach, and Atlantic City. Comments on the Central Atlantic Call Area 2 are due October 21.
 
 
 
AWO Promotes Port of Baltimore in Two Late Summer Events. AWO worked with members to promote the maritime industry in the Port of Baltimore recently, with a tugboat tour hosted by McAllister Towing on August 29 and a Coast Guard Sector Maryland-National Capitol Region luncheon at Tradepoint Atlantic on September 9. At the luncheon, AWO members welcomed CAPT Pat Burkett, who took command at the Sector earlier this summer and discussed his priorities as Sector Commander. During the tug tour, AWO and McAllister, joined by Atlantic Region Chairman Nathan Hauser of Moran Towing Corporation, hosted Congressional and Maryland General Assembly staff and representatives to discuss the vibrant port community and the great sense of partnership stakeholders demonstrated in response to the Key Bridge tragedy in March.
 
Don't Be Caught by a PHISH! Cybercriminals continue to impersonate names, so be diligent about checking the email address of the person sending you an email communication. Names are easily faked, but email addresses are not. 
 
It's also important to remember that AWO will never ask you to pay or send money via Zelle, Venmo, or PayPal. Payments can be made via credit card or electronic ACH through a secure link provided by AWO's Accounting Department.
 
For additional questions or concerns regarding secure communications, contact Carmina Smith.
 
Register Today for AWO's 80th Anniversary Fall Convention and Board of Directors Meeting! Join your member colleagues and the AWO staff in Long Beach, CA for the AWO Fall Convention and Board of Directors Meeting October 8-9. The meeting will feature informative panels and presentations, networking opportunities, and an 80th anniversary celebration aboard the historic Queen Mary!
 
REMINDER: The room block at the Marriott Long Beach Downtown closes on Wednesday, September 18th - so book today!
 
Please contact Caitlin Clark with any questions.