
March 19, 2004
Volume 61, No. 6
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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.
Back to Top
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.
Back to Top
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."
Back to Top
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
|
Back to Top
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 |
Back to Top
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.
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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
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