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AWO Letter

 

March 19, 2004
Volume 61, No. 6

Download Newsletter ( PDF)

 

 

Legislative News

  • Coast Guard Proposes Towing Vessel Inspection in Legislative Package Submitted to Congress

  • House Subcommittee Examines Coast Guard Budget, Marks Up Authorization Measure

  • Corps Budget Subject of House Appropriations Subcommittee Hearing

Agency Actions

  • Jones Act Remains Off the Table in Free Trade Agreements

  • Lease Financing Public Meeting Scheduled for April 2

  • Notice to Mariners Only Available Electronically After April 1

In the News

  • "Tug and Barge Group Pushes for More Waterway Safety"

  • "Environmental Activists Seem to Ignore the Flood Control Law"

Association News

  • "Capital River Relief: Team Up to Clean Up"

  • Registration Still Open for the AWO Spring Convention

  • Did You Know?

Responsible Carrier News

  • Seven New Auditors Certified, 30 Recertified during Auditor Training

Regional Reports

Atlantic Region

  • Maritime College to Host Towing Industry Seminar

  • Seamen's Church Institute to Host Professional Development Seminar

Pacific Region

  • Washington Passes New Oil Spill Bill

  • California Proposes Emissions Reductions from Tugboats


Legislative News

Coast Guard Proposes Towing Vessel Inspection in Legislative Package Submitted to Congress

The U.S. Coast Guard has proposed legislation to make towing vessels subject to inspection in order to further improve towing industry safety, security and environmental protection. The proposed legislation would also allow the Coast Guard to establish a safety management system aimed at addressing human factors, the predominant cause of vessel accidents. AWO supports this proposal as the logical next step in improving safety, security and environmental protection in the industry.

The Coast Guard's proposal, if enacted, will go beyond the RCP by requiring all towing vessels to implement a safety management system, something the National Transportation Safety Board recommended in its September 2000 report on the m/v Anne Holly accident. A required safety management system would likely improve upon the RCP in several key areas, including worker safety and health, voyage planning to prevent bridge allisions, crew endurance management, and expanded internal audit requirements.

The proposal was contained in a package of recommended legislative changes for Fiscal Year 2005 transmitted to the House and Senate by Secretary of Homeland Security Tom Ridge. Secretary Ridge's letter of transmittal noted that the package had been approved by the Office of Management and Budget, was in accord with administration policy, and recommended Congressional enactment of the legislative provisions.

AWO Chairman of the Board Craig Philip, President and CEO of Ingram Barge Company, commented, "This proposal is an idea whose time has come. It would extend safety, security and environmental protection benefits to the entire towing industry using the modern, 21st Century mechanism of a safety management system, while drawing on private sector and corporate resources for implementing and auditing the system." The recommendations will now be reviewed by the House and Senate authorizing committees and considered for possible inclusion in Coast Guard authorizing legislation.

House Subcommittee Examines Coast Guard Budget, Marks Up Authorization Measure

The Coast Guard and Maritime Transportation Subcommittee of the House Transportation and Infrastructure Committee convened on March 4 to examine the Administration's Fiscal Year (FY) 2005 budget request for the U.S. Coast Guard. Members of the subcommittee expressed concerns with certain portions of the Administration's proposed Coast Guard budget, particularly funding for the agency's program to modernize its offshore assets for vital missions (Deepwater Capability Replacement Project). Subcommittee Chairman Frank LoBiondo (R-NJ) noted, "Funding for the Deepwater program is $678 million: a paltry $10 million increase over Fiscal Year 2004, and well below the amount necessary to meet the program's original 20-year schedule. This subcommittee insists on a level of funding that will, at the very least, get the program back on track and we will continue to support efforts to accelerate the program. Completing Deepwater in less than 20 years is critically important if the Coast Guard is expected to successfully carry out its missions."

Members of the subcommittee were also concerned with the Administration's inadequate request for port security grants, which was less than 40 percent of the amount provided in FY 2004 to correct port security vulnerabilities and ensure compliance with security plans. "The Maritime Transportation Security Act authorizes grants to help ports improve security. More than $442 million has been awarded over the last three years under this provision. The Administration proposes that $46 million be available in fiscal year 2005. This amount is far lower than the $124.5 million provided to the Transportation Security Administration during Fiscal Year 2004. I am very concerned this level of funding is insufficient to meet the critical security needs at our ports," Chairman LoBiondo remarked.

During the course of the hearing, Chairman LoBiondo also highlighted the importance of the Coast Guard's traditional missions. "Despite the particular attention placed on the Coast Guard's homeland security related missions in recent years, the service performs a much broader range of jobs. As we meet today, the Coast Guard's search and rescue, marine environmental protection, and vessel safety and inspections jobs are being highlighted in the national media as the service works to search for the crew, address the oil spill, and investigate the cause of the recent tanker explosion off the Virginia coast. It is imperative that these non-homeland security functions remain priorities for the Coast Guard. The strength of America's commerce relies on waterborne trade, and the Coast Guard protects that trade not only from terrorism, but also from other threats. We need to make sure that these programs also receive attention in the budget," he said.

The subcommittee convened again on March 10 to mark up the Coast Guard Authorization Act for FY 2005. The one-page, $7.9 billion authorization measure that was marked up focused solely on funding levels for the Coast Guard and did not include any additional provisions. The Coast Guard's proposed FY 2005 legislative package was not considered during the mark-up.

Corps Budget Subject of House Appropriations Subcommittee Hearing

On March 10, the Energy and Water Development Appropriations Subcommittee, chaired by Rep. David Hobson (R-OH), convened a hearing to examine the Administration's Fiscal Year (FY) 2005 budget request for the U.S. Army Corps of Engineers. Subcommittee members expressed general disappointment with the Administration's proposed $4.2 billion funding level for the civil works agency -- an amount that falls short of the nearly $4.6 billion that Congress appropriated for the Corps in FY 2004. Chairman Hobson voiced serious concerns over the inadequate funding levels proposed and stressed the need for effective use of the Inland Waterways Trust Fund. The Honorable John Paul Woodley, Jr., Assistant Secretary of the Army (Civil Works), and LTG Robert Flowers, Corps' Chief of Engineers, presented testimony at the hearing that summarized the FY 2005 Civil Works Program budget and highlighted the value of the Program to the nation's economy.

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Agency Actions

Jones Act Remains Off the Table in Free Trade Agreements

The U.S. is in the process of wrapping up two more free trade agreements (FTAs) that include strong protections for the Jones Act and the U.S. maritime industry. The U.S. has entered into an agreement with Australia and a separate agreement with five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua). The FTA texts are now being reviewed by Congress before the agreements are officially ratified. These two FTAs follow the completion of two other FTAs last year with Chile and Singapore.

As the FTAs were developed, AWO weighed in with the Office of the U.S. Trade Representative (USTR) to express the association's strong interest in ensuring that longstanding U.S. cabotage laws were not compromised in the agreements. AWO President & CEO Tom Allegretti also monitored the progress of the trade talks through his participation in a federal advisory committee on trade issues, the Industry Sector Advisory Committee on Services (ISAC 13).

Both the Australian and Central American FTAs contain nearly identical language protecting the Jones Act. The agreements state:

"The United States reserves the right to adopt or maintain any measure relating to the provision of maritime transportation services and the operation of U.S.-flagged vessels, including the following: (a) requirements for investment in, ownership and control of, and operation of vessels and other marine structures, including drill rigs, in maritime cabotage services, including maritime cabotage services performed in the domestic offshore trades, the coastwise trades, U.S. territorial waters, waters above the continental shelf, and in the inland waterways; . . . (d) requirements related to documenting a vessel under the U.S. flag; . . . [and] (f) certification, licensing, and citizenship requirements for crew members on U.S.-flagged vessels[.]"

AWO appreciates the efforts of USTR to protect the Jones Act and U.S. cabotage laws in these and other trade talks to which the U.S. is party. The U.S. is in the beginning stages of developing additional FTAs with Thailand, Panama, Bahrain, and the Andean countries of Colombia, Peru, Ecuador and Bolivia. AWO will again ask USTR to ensure that the Jones Act is reserved in these negotiations. For more information on AWO's ongoing work on trade issues, please contact Jennifer Carpenter or Amy Brandt at (703) 841-9300.

Lease Financing Public Hearing Scheduled for April 2

The Coast Guard and the Maritime Administration have announced the date for a public hearing on the agencies' February 4 notice of proposed rulemaking (NPRM) on changes to the vessel lease financing regulations. (See February 6 AWO Letter). The hearing will take place on Friday, April 2, in room 2230 at the Department of Transportation's Nassif Building, 400 Seventh Street, S.W., in Washington, DC The hearing will begin at 9:00 a.m. and conclude by 3:00 p.m. or earlier, depending on the number of speakers who wish to make comments.

This public hearing is an important opportunity for AWO members to comment on the NPRM and demonstrate to the agencies the necessity of resolving this rulemaking in a way that maintains the integrity of the U.S.-ownership provisions of the Jones Act. AWO urges members to plan to attend and speak at the hearing. Background information to assist members in preparing their comments will be sent via email the week of March 22.

Members who plan to attend the public hearing should contact Robert Spears of the Coast Guard at (202) 267-1099 or rspears@comdt.uscg.mil no later than March 31. Please also advise Jennifer Carpenter, AWO Senior Vice President - Government Affairs & Policy Analysis, if you plan to attend. Ms. Carpenter can be reached at (703) 841-9300.

In addition to accepting oral comments at the public hearing, the agencies will accept written comments on the NPRM until May 4.

Notice to Mariners Only Available Electronically After April 1

The Coast Guard will no longer print and mail copies of Local Notices to Mariners (LNMs) after April 1. The agency has moved to electronic distribution of LNMs as printing and mailing costs have become cost-prohibitive in recent years. Technology allows the Coast Guard to provide LNMs in a timelier and less costly way via the Internet. Electronic LNMs are available from the Coast Guard Navigation Center's Web site at http://www.navcen.uscg.gov/lnm/default.htm.

The new policy was effected by a change in the Coast Guard's Aids to Navigation (ATON) Manual authorizing the elimination of printed LNMs. The Coast Guard plans to revise its regulations that reference printed LNMs, and can do so without public notice and comment since the regulations being revised concern an internal management issue. The Coast Guard is not requesting comments on this change, but will accept them. For information on where to send comments to the Coast Guard or a copy of the notice announcing the new policy, please contact Amy Brandt at (703) 841-9300.

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In the News

"Tug and Barge Group Pushes for More Waterway Safety"

This OpEd, submitted by AWO, appeared in the New Bedford (MA) Standard-Times on March 11, 2004.

The American Waterways Operators is the trade association for the American tugboat, towboat and barge industry. AWO members play a key role in the transportation of vital energy supplies that keep homes warm and the lights on for New England businesses and consumers.

We are committed to carrying out this important mission safely and with the utmost care for the environment. Recent articles suggest that our industry opposes safe vessel transit routes through Buzzards Bay. That is not correct. We want to articulate for your readers our strong support for measures that will enhance the safety of petroleum transportation in Buzzards Bay.

Safety and environmental protection are the highest priorities for AWO members. We offer unqualified support for the designation of "safest routes" or fairways through dangerous or environmentally sensitive areas. AWO members are particularly familiar with the Race to Buzzards Bay transit, as the route constitutes a major corridor for the transportation of petroleum products to New England and is therefore one traveled by our members every day.

We want your readers to know that AWO members are fully in support of a vessel routing system that will make the transportation of oil through Buzzards Bay as safe as possible for all vessel types. The only real question, over which more discussion is needed, is the designated route. In the follow up to the April 2003 oil spill in Buzzards Bay, AWO participated in the Coast Guard's Ports and Waterways Safety Assessment concluded in September 2003, and the Port Access Route Study analysis now under way. At the completion of the safety assessment workshop, AWO agreed to consider the proposed route submitted by the Northeast Pilots Association, an organization that provides pilots for foreign-flag vessels (not tugboats). AWO also recommended that the recommended vessel route from the Race to Buzzards Bay be the subject of a federal notice so that domestic and international vessel operators would have the opportunity to comment before the proposed route is finalized.

We are committed to working with the Coast Guard and the NOAA to finalize a recommended vessel route that takes into account the operational concerns of all vessel types, including tugs and barges. We believe this can -- and should -- be done in short order, and we are committed to being a constructive partner in getting it done.

From the immediate aftermath of the Buzzards Bay spill and going forward, AWO has reached out to the Massachusetts congressional delegation, Gov. Romney, the Coast Guard, local environmental groups and the people of Massachusetts to learn the lessons of the spill and work to develop a regulated navigation area for Buzzards Bay that makes improvements in spill prevention.

There is, however, more work to do to make petroleum transportation in Buzzards Bay as safe as possible. At the safety assessment workshop, AWO suggested several additional measures, including: enhanced communications between vessels transiting Buzzards Bay; expansion of the vessel traffic system and automatic identification system coverage for Buzzards Bay; modification of state law to provide immunity to responders that come to the aid of vessels in distress; and better data on products moving through the Cape Cod Canal in order to effectively respond to a vessel emergency.

We have also supported, and led the way in proposing, higher safety standards for vessels operating in the waters of the 1st Coast Guard District (New Jersey to Maine). These measures, including voyage planning requirements, a requirement for redundant tugboat engines and enhanced security calls while vessels transit the area, were implemented by the Coast Guard in 1998.

AWO is committed to continuing to work with the Coast Guard, the Buzzards Bay Oil Spill Commission, the state legislature and the governor's office to consider additional safety measures for vessels transiting Buzzards Bay.

Our commitment to safety is demonstrated by our voluntary adoption of the Responsible Carrier Program, a safety management system for tugboat and barge companies, and our partnership with the Coast Guard to improve marine safety and environmental protection.

We know that the public demands and deserves safe, environmentally benign transportation of petroleum, and we are committed to providing that. In fact, 99.999 percent of the oil moved by tank barges in this country is delivered safely, less than one ten-thousandth of 1 percent is spilled.

But, we know that when it is your waters, your beaches or your fishing grounds that are affected, that one ten-thousandth is much more than a statistic. It's a real problem.

The members of the American Waterways Operators are committed to being part of the solution.

Anne Davis Burns
Vice President - Public Affairs
The American Waterways Operators

"Environmental Activists Seem to Ignore the Flood Control Law"

This Op-Ed, written by Harold W. Andersen, appeared in the Omaha World-Herald on March 7, 2004. It is reprinted here in its entirety.

It was predictable but nonetheless regrettable that environmental activists would summarily reject the Army Corps of Engineers' latest proposed revision of its master plan for managing the Missouri River.

Two less emotional observers, Nebraska Attorney General Jon Bruning and South Dakota Gov. M. Michael Rounds, reacted positively to the changes the Corps is proposing in an effort to accommodate the variety of interests with a stake in how the river's flow is managed.

Among other changes, the Corps proposes to provide up to 20,000 acres of water surface outside the main channel to provide spawning habitat for an endangered species of fish, the pallid sturgeon. The Corps' proposed revised management plan also is designed to provide assurance of more recreational water in upstream reservoirs in times of drought.

But environmental activists continue to berate the Corps for not doing enough to restore the Missouri to what they describe as a more natural flow to enhance the river's "health."

"Today, the Corps dashed our last lingering hopes that they will show leadership without an explicit court order," said Chad Smith of Lincoln, Missouri River coordinator for American Rivers.

People who spend so much time telling the Corps how the river should be managed surely cannot be unaware of the terms of the Flood Control Act of 1944, which was designed specifically to dam and channelize the river in a way that much better serves the public than did the "more natural" flow - the flow that in 1952, for just one example, had Omaha's municipal airport underwater and hundreds of civilian volunteers joining public employees in sandbagging along the Missouri to keep it from flooding downtown Omaha.

Particularly galling to some of the environmental activists is the fact that the Corps' operating manual has consistently made provision for water levels that allow barge traffic. But "aid to navigation" remains second on the list of 10 purposes Congress mandated to be served by the dammed and channelized river.

The environmental activists' argument for a "more natural" flow in the Missouri is, in a sense, an effort to amend the Flood Control Act of 1944 without going to Congress. If the activists' favorite whipping boy, barge traffic, is to be banned from the river or pushed to the bottom of the purposes for which the Corps has been mandated by Congress to manage the river, the fairest and most honest course would be for environmental activists to go to Congress and change the list of objectives to be served by the Corps in managing the river - objectives that now read like this:

"Flood control, aid to navigation, irrigation, hydroelectric electricity generation, municipal and industrial water supplies, stream-pollution abatement, sediment control, preservation and enhancement of fish and wildlife and creation of recreational opportunities."

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Association News

"Capital River Relief: Team Up to Clean Up"

Plans are progressing for the April Potomac/Anacostia Rivers Clean Up sponsored by Chad Pegracke and his organization, Living Lands & Waters. AWO members who wish to participate in the AWO clean-up day, April 20, from 2:00 p.m. - 5:00 p.m., should immediately sign up on the attached form and fax it to Marilyn Clark at (985) 674-2291. An accurate count of AWO participants is needed in order to make transportation arrangements from the Fairmont Washington Hotel.

Chad Pegracke reports that he is trying to make arrangements to have CNN cover the event on the day that AWO is participating. AWO will also have a presence at the kick-off press conference on April 1. AWO members Moran Towing Corporation and McDonough Marine Service are donating the tug and barge to be used in the project, which will involve celebrities, congressional decisionmakers, environmental groups, community and government organizations, businesses and individuals. For more information, contact Anne Burns at (703) 841-9300.

Registration Still Open for the AWO Spring Convention

AWO's 2004 Spring Convention is scheduled for April 20-23 in Washington, DC. Have you registered yet? To register for the Convention, fundraising event, or the "Barge In," complete the yellow Spring Convention registration form and fax it to Marilyn Clark at (985) 674-2291 by March 22. To sign up for the Capital River Relief project, complete the blue registration form and fax it to Marilyn at the same number. If you have any questions or need additional information before that time, please contact Marilyn Clark at (703) 841-9300.

Did You Know?
The Inland Waterways Trust Fund Balance is $391.6 Million

According to recently released data from the U.S. Army Corps of Engineers, the Inland Waterways Trust Fund had a balance of $391.6 million at the end of FY 2003. This is the second highest balance in the Fund's history, a modest decrease from last year's peak of $394.1 million. The chart below displays the balances for the most recent twelve years and shows that 2003 just barely ended a decade of continually increasing balances.

In FY 2003, the Fund collected $89.5 million from the barge and towing industry and an additional $9.5 million in interest, for total income of $99.0 million. At the same time, the Fund disbursed $101.6 million for construction projects.

For more information, contact Doug Scheffler, AWO's Manager - Research & Data Analysis, at (703) 841-9300.

Important Dates and Reminders

  • March 22: Registration deadline for AWO's second annual Congressional "Barge-In," scheduled for April 21 in conjunction with the Spring Convention in Washington, D.C. For more information, contact Megan Tucker.

  • March 24-25: Interregion Safety Committee Meeting, Nashville, TN. For more information, contact Kathy Rehak.

Welcome, New Members!

Henry's Marine Service, Inc.
P.O. Box 1915
Morgan City, LA 70381
Rep: Mr. Barry P. Henry, Owner

International Ship Management & Agency Services, Inc.
P.O. Box 159
San Antonio, FL 33576
Rep: Mr. Jerry Schambeau, Vice President

Osage Marine Services Inc.
P.O. Box 12228
St. Louis, MO 63157
Rep: Mr. John W. Patterson, President

Port Arthur Towing Company
P.O. Box 966
Groves, TX 77619
Company Type: Carrier
Rep: Mr. Dennis Foret, Manager

Liquid Services
233 Old Pepper Lane
Paducah, KY 42001
Rep: Mr. Felix Neel, President / Owner

 

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Responsible Carrier News

Seven New Auditors Certified, 30 Recertified during Auditor Training

On March 2 - 4, the Responsible Carrier Program (RCP) Accreditation Board conducted a training session for RCP auditors. These auditors, who are authorized to conduct third-party audits of AWO member companies' Responsible Carrier Programs, must undergo recertification training every three years. In addition to 30 returning auditors who were recertifying, seven individuals participated in hopes of achieving initial AWO certification. Also participating were representatives from three AWO member companies seeking to increase their understanding of the RCP, the audit and the instructions being given to auditors.

The training class was held in Arlington, VA, and conducted by Accreditation Board members Michael T. Sutton, Foss Maritime Company, Chairman of the RCP Accreditation Board; Phil Chase, Boston Towing and Transportation; Deane Orr, CONSOL, Inc.; Steve Zeringue, SeaRiver Maritime; and Cathy Shantz-Hammond, Inland Marine Service, former Accreditation Board Chair. Bob Clinton, AWO Vice President - Safety; and Kathy Rehak, AWO Manager - Safety Programs, also assisted.

The training was an intense process that included lecture, group exercises, homework and written assignments. The class curriculum was developed and delivered by the Responsible Carrier Program Accreditation Board and stressed communication both between auditors and their company clients and among auditors. Some of the teaching modules included:

  • Trust and credibility

  • Recent changes to the Responsible Carrier Program

  • Auditing Best Practices

  • Operational Best Practices

  • Content and quality of the audit report

With this graduating class, the total number of certified auditors is 74, down from a high of 85 in 2000. A list of AWO's newest re-/certified third-party auditors is shown below. Full contact information for these and all auditors currently certified to conduct RCP audits (including phone numbers and email addresses) is posted on AWO's Web site,www.americanwaterways.com, under the heading "Commitment to Safety." Members are reminded to check this list before contracting with any auditor to perform their required audit.

AWO is proud of its RCP auditors and the combined training, experience and expertise that they bring to the program. These auditors will provide value to AWO members as they continue on their journey toward improved safety and environmental protection. If you have any questions about the Responsible Carrier Program, the audit or any other safety-related questions, please contact Bob Clinton or Kathy Rehak at (703) 841-9300.

AWO's newest re-/certified third-party auditors:

Garrett Arabie
Golden Meadow, LA

Ronald R. Borison
St. Bernard, LA

Anthony Buancore Baton
Rouge, LA

Fred O. Budwine Destrehan, LA

Douglas R. Carlson Tampa, FL

Gale H. Chapman Nashville, TN

Roger Conner

Bloomfield, MO

Michael Doyle
Tacoma, WA

Roger A. Ecoff
Chesterfield, MO

Kevin Gilheany
Metairie, LA

Daniel L. Gorrell Hammond, IN

Nicholas Grassia Pennsauken, NJ

Syed Habib
Sugar Land, TX

William J. Hamilton Abingdon, VA

Charles H. Hazelwood Cincinnati, OH

John Hess
Portland, ME

Jonathan Mason Doylestown, PA

William C. McNeal
New Orleans, LA

Richard Meyerrose, Jr. Amityville, NY
James W. Moon Houston, TX

John C. Murdoch Portland, OR

Robert A. Ojala
Willow Springs, IL

William H. Padie
Mercer Island, WA

Bruce Pickard Alexandria, VA

Robert M. Pool Mandeville, LA

Claude A. Pritchett Metairie, LA

Michael W. Rushing Jackson, MO

Todd M. Rushing Jackson, MO

James H. Sanborn Berwyn, PA

Gary M. Schmidt Kingston, WA

Parvindar Sekhon Seattle, WA

Edward Shearer
Metairie, LA

Gail Skarich
Novato, CA

Harry Stark
Port Arthur, TX

Jay Talbert
Edgewood, KY

Dana R. Teicheira Petaluma, CA

Robert Vickers Portsmouth, RI

 

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Regional Reports

Atlantic Region

Maritime College to Host Towing Industry Seminar

On April 15, the State University of New York Maritime College at Fort Schuyler will host a seminar focused on regulations impacting the towing industry, including U.S. Coast Guard licensing process and upgrades; rules related to lookouts aboard vessels; and, the implementation of shoreside and vessel security requirements. For additional information and registration, contact Eric Johansson at (718) 409-7218 or via email at ejohansson@sunymaritime.edu.

Seamen's Church Institute to Host Professional Development Seminar

On May 25, the Seamen's Church Institute of New York & New Jersey is hosting a professional development seminar at the Center for Maritime Education from 8:30 a.m. - 4:00 p.m. The discussions will focus on auditing and vetting programs, monitoring safety aboard vessels and crew alertness. The speakers include representatives of major oil companies and tug and barge companies. The Center for Maritime Education is located at 241 Water Street, New York, New York. For additional information, please contact Eric Larsson at (212) 233-2242 or via email at cme@seamenschurch.org.

Pacific Region

Washington Passes New Oil Spill Bill

In response to the December 30 Point Wells oil spill in Puget Sound, the Washington legislature unanimously passed Substitute House Bill 3020 (SHB 3020), an act related to oil spill management, which amends existing state oil spill regulations. This bill enjoyed bipartisan support and was supported by the maritime industry and other stakeholder groups.

The bill addresses various aspects of transferring oil between an onshore or offshore facility and a tank vessel, including required containment and recovery equipment and planning, personnel, and training. It directs the Department of Ecology to "adopt rules as necessary by June 30, 2006," which address circumstances under which containment equipment should be deployed when determined to be safe and effective, including requirements for alternative measures such as automatic shutoff devices and alarms, and extra personnel to monitor the transfer.

Many of the provisions in this bill were included as requirements in earlier versions of this legislation drafted in the initial days following the Point Wells oil spill. It was doubtful that the initial legislation as proposed would have enjoyed sufficient bipartisan support to pass both the state House and Senate. AWO members and maritime industry stakeholder partners advocated successfully in the legislature that decisions regarding new requirements for oil spill prevention should be based on the lessons learned from the Point Wells oil spill after the investigations were completed by the appropriate state and federal regulatory agencies. SHB 3020 represents a bipartisan compromise in the House and Senate with the support of the various stakeholders, including the Department of Ecology (DOE). It provides adequate time and an existing forum within the DOE to consider and possibly formulate new regulations to prevent oil spills during oil spill transfers.

In another important development, the Washington legislature unanimously passed Substitute Senate Bill 6329 (SSB 6329), an act relating to extending the date for ballast water discharge implementation. The original state ballast water legislation would have required ballast water discharge implementation to occur in July 2003. This new bill specifies the makeup of a ballast water work group and requires that it adopt a report to the legislature by December 15, 2006, addressing all issues related to ballast water technology for implementation in 2007. The current ballast water exchange legislation applies only to self-propelled vessels, but there were recommendations in discussions involving the drafting of this bill to broaden the scope to include all commercial vessels, both self-propelled and non self-propelled. AWO members were successful in limiting the scope of the bill to self-propelled vessels.

Both bills can be accessed at http://www.leg.wa.gov/pub/billinfo/. For further information, contact Jerry McMahon at (206) 768-3538.

California Proposes Emissions Reductions from Tugboats

The State Implementation Plan (SIP) of the California Air Resources Board (CARB) proposes to reduce emissions from harbor craft, which include tugboats, work boats, ferries and commercial fishing vessels. The initial proposal was to achieve reductions through a CARB requirement to use CARB low sulfur diesel (<.05% sulfur) and achieve a reductions of 10-25% in particulate matter (PM) and 6% in oxides of nitrogen (NOx). The CARB staff will hold a public workshop on March 23 to discuss development of a regulation to reduce NOx and diesel PM emissions from diesel-fueled engines on commercial harbor craft.

The workshop will discuss the motivation for this undertaking, the expected timeline and process for regulation development, and options that are available to reduce emissions from diesel-fueled engines. The meeting will also cover several efforts currently underway, including updating the emissions inventory for harbor craft, demonstration of potential emission reduction strategies, and the use of cleaner fuels by commercial harbor craft operating in California.

For those unable to attend the workshop in person, a live Internet audio broadcast will be available. The broadcast can be accessed on the day of the workshop at http://www.calepa.ca.gov/broadcast/.

A public consultation meeting on regulatory and non-regulatory fuels additives was held at CARB headquarters on February 25. Jerry McMahon, AWO Vice President - Pacific Region, and Damon Mote, Manager, Engineering for Crowley Marine Services in Long Beach attended the meeting. This issue is sure to become a priority for AWO members who operate in California harbors. For further information, contact Jerry McMahon at (206) 768-3538.

CARB Public Workshop
March 23, 2004
1:00 p.m. - 4:00 p.m.

California Environmental Protection Agency Headquarters
Sierra Hearing Room, 2nd Floor
1001 I Street
Sacramento, CA 95814

 

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This edition of the AWO Letter is sponsored by:

For further information, contact:

Anne Davis Burns
Vice President - Public Affairs
801 North Quincy Street
Suite 200
Arlington, VA 22203

PH: (703) 841-9300
FAX: (703) 841-0389