AWO Letter - August 22, 2024

AWO Welcomes New Member. AWO is pleased to welcome new member U.S. Bank Equipment Finance. U.S. Bank Equipment Finance provides banking expertise for the maritime industry. Please join us in giving them a warm welcome!
 
Coast Guard Reapproves AWO Alternative Security Program. The Coast Guard has reapproved the AWO Alternative Security Program (ASP), which members may use to meet the vessel security plan requirements of 33 CFR Part 104, until August 16, 2029. Please click here for a copy of the Coast Guard's approval letter. Per the approval letter, members using the AWO ASP must implement changes by November 14, 2024.
 
Please click here to access the reapproved AWO ASP (to obtain the password, please contact Liam Morcroft at lmorcroft@americanwaterways.com or 703-373-2261). For your convenience, all changes have been highlighted in yellow.
 
AWO will hold a virtual meeting this Friday, August 23, at 2:00 p.m. Eastern Time to review the changes to the reapproved AWO ASP and answer members' questions. Please contact Liam Morcroft for access information.
 
Coast Guard Updates MMC Submission Process. The National Maritime Center (NMC) recently established a centralized email inbox for submitting most merchant mariner credentials (MMCs) to streamline the application process. Applications for limited local, restricted, and first-class pilot MMCs should continue to be submitted to a Regional Exam Center (REC). All other types of MMC applications, though, should be submitted to MMCApplications@uscg.mil for quickest processing. The NMC's update also includes key required guidelines for submitting MMCs electronically, which are designed to increase application processing efficiency.
 
AWO Meets with OIRA to Discuss EPA's Final VIDA Rule. AWO recently met with the White House Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) to discuss the Environmental Protection Agency's (EPA) final rule for Vessel Incidental Discharge National Standards of Performance developed under the Vessel Incidental Discharge Act (VIDA). The final rule is under OIRA review, which is the final administrative step prior to publication in the Federal Register.
 
During the meeting, AWO reiterated its recommendations that EPA:
  • Exempt all unmanned and unpowered barges from the numeric ballast water discharge standard;
  • Exempt from the numeric ballast water discharge standard vessels that utilize a tank-by-tank management system to uptake and discharge ballast water at the same location, in the event that EPA does not exempt unmanned and unpowered barges from the standard;
  • Permit fire equipment discharges for testing, training, maintenance, repair, inspection or certification purposes;
  • Maintain the proposed exemption from the numeric graywater discharge standard for new vessels of 400 GT and above that have overnight accommodations for less than 15 persons; and
  • Remove waters that are not protected for conservation purposes or are non-navigable for commercial vessels from the federally protected waters list.
Under its settlement agreement with environmental groups, EPA is expected to publish its vessel discharge performance standards by September 23, 2024. Upon publication, AWO plans to host a webinar detailing the rule and its implications for member operations. If you have any questions about the impending standards or are interested in joining AWO's Vessel Discharge/Ballast Water Working Group, please contact Lillie Wightman
 
Coast Guard-AWO Safety Partnership National Quality Steering Committee Meets. On August 5, Coast Guard Assistant Commandant for Prevention Policy RADM Wayne Arguin and AWO President & CEO Jennifer Carpenter co-chaired the semiannual meeting of the Coast Guard-AWO Safety Partnership National Quality Steering Committee. At the meeting, AWO Executive Committee members and key Coast Guard leaders from the Office of Commercial Vessel Compliance, the Office of Investigations and Casualty Analysis, the Coast Guard Investigative Service, and the Suspension and Revocation National Center of Expertise discussed a number of timely and important issues with AWO members. In particular, AWO members urged the Coast Guard to seek public feedback early in the policy development process to ensure guidance is informed by front-end input from stakeholders and to consider ways to make the appeals process more transparent to support consistency and alleviate administrative burdens. The group also discussed the status of Subchapter M compliance and how the scheduling of COI renewal inspections can be made more flexible, as well as the implementation of the Safer Seas Act and process improvements that the Coast Guard has made in the handling of reports of sexual assault and sexual harassment.
 
Towing Industry Recorded Second-Lowest Crew Fatality Rate in 2023. The Coast Guard Office of Investigations and Casualty Analysis finds in the 2024 Coast Guard-AWO Safety Partnership Annual Safety Report that, for the second year in a row, the 2023 towing vessel crewmember fatality rate per 100,000 full-time employees (FTE) is the second-lowest recorded by the Partnership since it began tracking safety metrics in 1994. The report shows that four towing vessel crewmembers died in incidents related to towing vessel operations in 2023, three of which were attributable to a fall into water and one of which was attributable to a cardiac event. In addition, five individuals were killed in 2023 in four collisions involving towing vessels and recreational vessels, highlighting the relevance of AWO’s new Recreational Boater Safety Working Group. The report also shows that 5, 799 gallons of oil were spilled from tank barges in 2023 and that the tank barge spill rate was 0.1 gallons of oil per million gallons transported, which is the fourth-lowest rate recorded by Partnership since 1994.
 
Coast Guard and ABS Sign MOU on Developing Maritime Technology. The Coast Guard Research and Development Center (RDC) recently signed a memorandum of understanding with the American Bureau of Shipping (ABS) to advance research and development in key areas impacting the maritime industry, including remote and autonomous systems, advanced data analytics and risk assessment, cybersecurity, and the impacts of energy transition and the use of alternative fuels. The RDC performs research, development, testing, and evaluation to inform and support the Coast Guard's acquisition process. AWO will keep members informed of any developments related to the new partnership.
 
NTSAC to Meet in Portland, ME on September 24-25; AWO Pre-Meeting September 16. The National Towing Safety Advisory Committee (NTSAC) will meet at the AC Hotel in Portland, Maine on September 24 and 25. NTSAC is a Congressionally-authorized federal advisory committee that makes recommendations to the Coast Guard on inland and coastal navigation and towing safety. The committee has three active task statements: developing recommendations on improvements to the Subchapter M regulations and policy and implementing the signage and master key control system requirements of the Safer Seas Act of 2022. More information on the current task statements can be found here. Federal advisory committees are extremely valuable forums for industry stakeholders and the public to collaborate directly with federal agencies on regulatory matters that are otherwise off-limits. AWO takes an active role in federal advisory committee meetings to make sure that our industry's unified voice is heard. As part of that effort, we will be hosting a pre-meeting for the upcoming NTSAC meeting on September 16 from 3-4 PM EST. Please contact Liam Morcroft if interested in attending and look out for more to come.
 
CMTS Issues Port Climate Resilience RFI. The U.S. Committee on the Marine Transportation System (CMTS) has issued a Request for Information (RFI) to identify the types of planning guidance, documents, datasets, and federal funding opportunities ports are using to plan for long-term environmental change. CMTS is interested in identifying barriers to action and determining whether the planning needs of U.S. ports are being met. CMTS considers a port to be any waterways and shoreside infrastructure working together within the transportation system. The RFI deadline is August 29, 2024.
 
AWO PAC Corner
 
AWO PAC and Inside Elections. AWO PAC has partnered with Inside Elections for another special edition, featuring updates on the presidential, Senate, and House races.
 
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 Bill to Improve CARB CHC Rule Passes California Senate Appropriations Committee. Thanks to the advocacy of AWO members, the California Senate Appropriations Committee passed AB 1122, the measure to require vessel class societies to approve new equipment before it is required on vessels, by a 7-0 vote. The bill now awaits floor action in the Senate and will then need to be passed by the full California Assembly. The legislative session ends on August 30. 
 
AWO Attends Captain of the Port Meeting, Coast Guard Foundation Dinner in Anchorage. Peter Schrappen, AWO Vice President - Pacific Region, recently convened a meeting with members and Coast Guard Sector Western Alaska and U.S. Arctic (previously known as Sector Anchorage) to familiarize CAPT Christopher A. Culpepper and his team with AWO's members and to discuss vessel traffic. While in Anchorage, Peter also attended the Coast Guard Foundation dinner, which was sponsored by Centerline Logistics and Saltchuk Marine. It was announced during the event that this dinner will occur annually in Anchorage.
 
Corps Holds Brandon Road Interbasin Project Navigation Workshop. The US Army Corps of Engineers recently held a Brandon Road Interbasin Project (BRIP) Navigation Workshop to provide project status updates and gather feedback from vessel operators.
 
The BRIP, which is broken up into three increments, finalized its Project Partnership Agreement on July 1 and is currently undergoing final reviews of its design technologies. Once reviews are complete, the Project can formalize contracts to proceed with construction. The Corps is adhering to an aggressive schedule and trying to obtain initial contracts for the BRIP's first increment by late 2024, meaning construction will begin in 2025 at the earliest. During the meeting, the Corps also discussed the project's potential navigational impacts for vessels during construction, including vessel restrictions and channel closures.
 
Additional BRIP Workshops will occur every six months, with the next meeting scheduled for early 2025. To access a recording of the meeting, click here and enter the following password: yHm8uZpM.  Please contact Lillie Wightman with questions or for more information.
 
Ohio Valley Region Roundtable and Coast Guard Luncheon Held in Paducah. AWO held an Ohio Valley Region roundtable meeting on August 1 at Seamen's Church Institute in Paducah, Kentucky. Over 40 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 credentialing issues. AWO thanks all members who participated in the roundtable and SCI for hosting the event.
 
Following the roundtable, members joined Rear Admiral David Barata, Commander, Eighth Coast Guard District, and other Coast Guard personnel from D8 for a luncheon. At the conclusion of the luncheon, RADM Barata awarded AWO's former Senior Vice President - Regional Advocacy Lynn Muench the Coast Guard's Public Service Commendation award for her longstanding commitment to improving navigation safety throughout her career at AWO. Congratulations, Lynn!
 
Maritime Leaders in New Orleans Welcome AWO Southern Region Vice President. Over 75 professionals gathered recently for an Admiralty group meeting to network and meet with AWO's new Southern Region Vice President Jill Bessetti. Founded in 2013 by several AWO member companies, Admiralty serves as a venue for professional development and mentoring and meets regularly to celebrate milestones within the industry.
 
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: 
  • 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.