The American Waterways Operators

Acting on authority granted by Congress last August, the Coast Guard has suspended the effective date of the tank level/pressure monitoring (TLPM) devices rule for three years, to July 21, 2008. The TLPM final rule was originally published in 2002 and slated to take effect in October 2007 for single hull tank barges. Between 2002 and 2005 the Coast Guard has not identified any devices that meet the performance criteria established in the final rule and none have been submitted by industry for agency evaluation. The Coast Guard has previously acknowledged that such devices do not exist and would have at best a minimal impact on oil pollution if they could be developed.

Upon publication of the final rule in 2002, AWO organized a coalition of domestic and international tank vessel owners to support a legislative change that would pave the way for the Coast Guard to rescind the TLPM regulations. As part of the 2004 Coast Guard and Marine Transportation Act, Congress amended the Oil Pollution Act of 1990 (OPA 90) to give the Coast Guard discretionary authority to require TLPM, rather than mandate TLPM as the original statute did. According to the July 20 Federal Register notice announcing the suspension, the Coast Guard now has "the opportunity to revisit the feasibility and practicality of TLPMs on single-hull tank vessels and also to examine other means of detecting leaks in the water."

Last year's legislation also directed the Coast Guard to conduct a study of other means of detecting leaks from tank vessel cargo tanks. Consequently, the Coast Guard is seeking public input on the current state of TLPM technology and other means for detecting leaks from oil cargo tanks into the water. The Coast Guard has posed a dozen questions on the feasibility of TLPM, including questions on any special circumstances that affect barges moved by tugboats and towboats, integrated tug-barge combinations, and fleeted barges that may contain cargo residue.

The Coast Guard will accept comments on these issues until September 19. For a copy of the Federal Register notice, contact Amy Hewett at (703) 841-9300.

Coast Guard Seeks Comment on Drinking Water Requirements for Inspected Vessels

The Coast Guard is seeking preliminary public input on the amount of potable water that should be required on inspected vessels, pursuant to a new statutory requirement enacted last year. Section 416 of the Coast Guard and Maritime Transportation Act of 2004 requires the Coast Guard to ensure that inspected vessels have adequate supplies of potable water for drinking and washing by crew and passengers. Because the same statute added towing vessels to the list of vessels subject to Coast Guard inspection, the agency's eventual rulemaking on this issue will affect towing vessels, as well as manned barges and other classes of inspected vessels. In a notice of inquiry/request for information published in the July 11 Federal Register, the Coast Guard notes that factors that will be used to determine the supply of potable water to be required include: vessel size and type; number of passengers and crew on board; duration and routing of voyages; and guidelines for potable water recommended by the Centers for Disease Control and Prevention and the Public Health Service. The Coast Guard requests comment on:

AWO will submit comments on the Coast Guard notice before the September 9 deadline. AWO members with questions or comments on this issue should contact Jennifer Carpenter or Amy Hewett at (703) 841-9300, or via email at jcarpenter@vesselalliance.com or ahewett@vesselalliance.com, respectively.

Legislative News

The House of Representatives overwhelmingly passed a Water Resources Development Act (WRDA) on July 14. Among other provisions, the bill authorizes $1.8 billion for the modernization of the Upper Mississippi and Illinois rivers. The 406-14 vote in favor of the WRDA bill further underscores the growing recognition of the many benefits of the inland waterways system and its role in keeping the nation economically strong.

An amendment sponsored by Rep. Jeff Flake (R-AZ) would have amended the bill to allow for construction of Upper Mississippi and Illinois River projects only if certain criteria were met. With the help of Transportation and Infrastructure Committee Chairman Don Young (R-AK) and Ranking Member James Oberstar (D-MN), as well as Water Resources and Environment Subcommittee Chairman John Duncan (R-TN) and Ranking Member Eddie Bernice Johnson (D-TX), the amendment was rejected by a 3 to 1 margin and a vote of 315 - 105. A copy of the "Dear Colleague" letter that was circulated by Reps. Young, Oberstar, Duncan and Johnson is printed in its entirety on page 2.

An amendment offered by Rep. Danny Davis (D-IL) to make a portion of the Chicago River non-navigable was withdrawn on the House floor. A provision still exists in the bill that would narrow a section of the river. AWO will be asking for member help to have that section stricken during conference (See related story, page 10.)
The Senate version of WRDA was reported out by the Environment and Public Works Committee and is awaiting full Senate consideration, most likely after the summer recess in September.

A big thank you to everyone whose grassroots efforts paved the way for getting this bill through the House, particularly MARC 2000 and the National Corn Growers Association.

If you would like more information, please contact Boyd Hollingsworth or Angela Madden at (703) 841-9300.

In the News

"Coast Guard plagued by breakdowns"
Aging fleet could threaten service's anti-terror mission

This story, written by Mimi Hall, appeared in USA Today on July 6. It is reprinted here in its entirety.

WASHINGTON -- The Coast Guard's ships, planes and helicopters are breaking down at record rates, which may threaten the service's ability to carry out its post 9/11 mission of protecting ports and waterways against terrorism.

Key members of Congress, maritime security experts and a former top Homeland Security Department official say that the fleet is failing and that plans to replace the Coast Guard's 88 aging cutters and 186 aircraft over the next 20 years should be accelerated.

"This nation must understand the dire situation in which the Coast Guard now finds itself," says Sen. Olympia Snowe, R-Maine, chairwoman of a Senate Coast Guard subcommittee. She favors replacing the Coast Guard's "deepwater" fleet -- the ships and aircraft capable of operating far offshore -- over 10 to 15 years.

Former Coast Guard commandant and Homeland Security deputy secretary James Loy says "the stakes are simply too high in the post- 9/11 environment" to continue to allow the Coast Guard's aging equipment to continue to deteriorate. Some ships are more than 50 years old, well beyond the recommended age for replacement.

The Bush administration wants to increase the amount of time it will take to replace a fleet that's among the oldest on the globe -- older even than fleets owned by nations such as Algeria and Pakistan. The "deepwater" replacement program, conceived in 1998 as a $20 billion, 20-year plan to replace the fleet, could be increased to 25 years under a White House plan.

The strategy would save the government money in the short term. The White House budget office declined to comment.

Snowe calls the idea a "violation of common sense" amid mounting concern that terrorists will try to sneak weapons of mass destruction into the USA through a port.

Adm. Thomas Collins, Commandant of the Coast Guard, says he supports the White House plan and has enough refurbished equipment to operate the fleet. But this month, he told Congress his equipment is failing at unacceptable rates:

The Coast Guard was moved into the Department of Homeland Security in 2003 and given primary responsibility for maritime security in addition to its regular duties. The added responsibilities include patrolling the nation's 361 ports and 95,000 miles of coastline, boarding and inspecting tens of thousands of cargo ships and recreational boats, and reviewing security at the nation's commercial ports.

"Give Mississippi River a Face Lift"
This editorial appeared in the Wisconsin State Journal on July 16. It is reprinted here in its entirety.

The Mississippi River's lock-and-dam system needs to be modernized to preserve the river's value as a navigational thoroughfare. In addition, the river's ecosystem needs to be restored to preserve its worth as a natural treasure.

Last week Congress took a step toward providing what the river needs when the House of Representatives approved a $3.4 billion Mississippi River modernization and restoration project. Wisconsin Sens. Herb Kohl and Russ Feingold should help steer the Senate toward approving the same project, a public investment in America's future.

The river project is important to Wisconsin because, if the state's farmers are to compete in the global marketplace, their corn and soybeans need to get down the river faster and cheaper than is possible through the current, outdated lock-and-dam system. Wisconsin would also benefit from ecosystem restoration, which would protect the river's ability to support fish and wildlife and, consequently, help to preserve Wisconsin's tourism industry and overall quality of life.

The legislation approved by the House provides $1.8 billion in tax money and waterway user fees to improve navigation on the Upper Mississippi system, including the Illinois River. The money would be used to build seven expanded-capacity locks and to add helper boats and other small-scale improvements to accommodate modern barge tows. The legislation offers about $1.6 billion to construct fish passages, restore floodplains, build islands, protect shorelines and otherwise support the ecosystem.

The modernization and restoration plan is likely to meet resistance in the Senate, where critics will have a chance to make their last stand. The Army Corps of Engineers, which proposed upgrading the lock-and-dam system, did the plan no favors by producing two badly flawed economic studies to justify the project. Critics have used the corps' mistakes against the legislation.

Nonetheless, the economic argument is clear. The Mississippi River system transports the Midwest's farm produce to the world marketplace. If the United States fails to keep the system up to date, U.S. farmers and agribusinesses will be unable to compete against their counterparts in Latin America, which is modernizing its transportation systems.

Rep. Ron Kind, D-Wis., co-chairman of the Upper Mississippi River Congressional Task Force, put it this way:
"The Mississippi lock and dam system, which is essential to our state's agriculture industry, clearly needs to be brought up to date to safely meet current and future demand."

That argument should prevail upon Kohl and Feingold to help shepherd the legislation through the Senate.

There is room for the Senate to improve on its version of the legislation. For example, Kind improved the House version with an amendment that requires the Army Corps to proceed at equal speed with the lock-and-dam modernization and with the ecosystem restoration and that makes the corps more accountable to Congress. However, the Senate should reject amendments likely to be offered by opponents of the project to restrict or stop the lock-and-dam modernization.

Wisconsin can benefit from the improvement of the Mississippi River as both an economic and a natural asset. The modernization and restoration project deserves approval.

Association News

On July 11, Emily Bezek joined the AWO staff as Public Affairs Assistant, taking the place of Traci Fischer, who is now an independent graphic arts consultant to AWO. Emily comes to AWO with considerable communications experience, including two years as a Public Affairs Specialist at The Smithsonian Associates, where her responsibilities included writing press releases and Public Service Announcements, coordinating interviews, press coverage and film shoots, creating media databases, and working on special events. During her tenure, she was nominated for The Smithsonian Associates' outstanding performance and service award.

Emily holds a Bachelor of Arts degree in Communications with a minor in Business Leadership from Virginia Tech. While there, she was active in the Public Relations Student Society of America, planning major events, organizing press conferences and developing stories for the faculty newspaper, The Spectrum. As part of her degree studies, she also created a public relations campaign for the Art Museum of Western Virginia. As a native of Pittsburgh, Emily is already familiar with the towboat and barge industry. One of her first major projects will be to coordinate the 2006 AWO Safety Calendar. Emily can be reached by email at ebezek@vesselalliance.com or by phone at (703) 841-9300.

Effective July 2, AWO Manager-Government Affairs Amy Brandt is now Amy Hewett. Amy can now be reached via email at ahewett@vesselalliance.com. Her other contact information is unchanged. Congratulations and best wishes to Amy and husband Chris!

AWO is now accepting photos for its fifth annual "Safety Calendar Photo Contest." We are looking for both "vessel" and "people" photos to feature in next year's calendar. All prints must be in color, at least 5 x 7 inches in size, and have the company's name, the name of the person submitting the photo, and a contact phone number on the back of the photo.

Electronic photos may be entered, but must be in a "TIFF" or "JPG" format, at least 300 dpi, and emailed to Traci Fischer at tfischer@vesselalliance.com.

Photos must be received by Friday, August 19 for consideration. All photos received become the property of AWO, and AWO reserves the right to use them in other association materials to promote the industry. If you have any questions about the contest, please contact Anne Burns at (703) 841-9300.

Last year, AWO sold its entire stock of 2005 Safety Calendars in a matter of months. Who purchased these calendars? Thousands of people who have an interest in safety and a stake in the tugboat, towboat and barge industry, that's who! If our industry is your target market or if you would like to help AWO promote safety, then we have a great opportunity for you!

AWO is now accepting sponsors for its 2006 Safety Calendar. The calendar is printed in full color and features safety tips and photos of member company vessels -- all winners of AWO's Annual Photo contest. There are twelve high-profile sponsorship blocks available, one featured each month, allowing sponsoring companies to spread the word about their products and services. To secure a sponsorship, please complete the attached form and fax to "AWO Safety Calendar Sponsorship" at (703) 841-0389. For additional information, please call Anne Burns at (703) 841-9300.

Responsible Carrier News

Interregion Safety Committee Meets, Develops Lesson Plan and Boarding Protocol

The summer meeting of the AWO Interregion Safety Committee was held in Louisville, KY, on July 13-14. Fifty-two attendees represented 32 AWO member companies. In its continuing work on fall overboard prevention, the committee approved a lesson plan on slip, trip and fall prevention. The committee also developed a boarding protocol that can be used when vendors and other guests board a vessel underway.

Chairman Tim Sizemore, MEMCO Barge Line, presided over the meeting and thanked Vice Chairman Steve Brundrett, Canal Barge Company, for leading the committee at its last meeting in Chairman Sizemore's absence. Mr. Sizemore pledged to help focus the committee on its 2005 priorities:

Crew Alertness

Fall Overboard Prevention

Communication and Improved Safety Performance

Voyage/Trip Planning

Safety Statistics

Before beginning work on its priorities, the committee turned its attention to general topics. U.S. Coast Guard LCDR Greg Howard, Deputy Commander - Sector Ohio Valley, spoke about the new Coast Guard sector command, which includes the ports of Pittsburgh, PA, Huntington, WV, Louisville, KY, and Paducah, KY. The sector command was implemented to improve consistency among the ports. LCDR Howard reiterated that marine safety was still a Coast Guard priority and that it would be combined with security priorities, since the two missions are interrelated. (See the Coast Guard Web site, www.uscg.mil/d8/sector/ohiovalley/, for further information on the sector command.) LCDR Howard highlighted other sector command priorities, including the Waterways Action Plan for Western Rivers, which has a goal of uniform plans for navigation restrictions during high, low, swift, and icy water conditions (see May 13 AWO Letter).

Bert Cattoni, Cardiac Rescue Systems, and Vernon LaVia, Defibrillators, Inc., demonstrated an automatic electronic defibrillator (AED) and provided details on the product's durability, cost and efficiency. Training on AED deployment, as well as other topics, can be provided by Jay Crissey, Total Marine Safety.

Kathy Rehak, AWO, gave an update on the Responsible Carrier Program (RCP), citing recent changes approved by the Board of Directors in April and proposed changes to be voted on at the October Board meeting (see March 18 AWO Letter "Passing the Word").

2005 Priorities Activities

Crew Alertness

Tava Foret, Foret Enterprises, briefed the committee on the work of the Coast Guard-AWO Crew Endurance Working Group, which is developing an implementation guide for the Crew Endurance Management System (CEMS). Ms. Foret reported that there are now 46 trained "experts" and 460 trained coaches, a significant increase from a year ago.

Fall Overboard Prevention

Stan Knight of B & H Towing, Chairman of the Fall Overboard Prevention Subcommittee, reported on the work of the group. The subcommittee developed a boarding safety/security briefing template aimed at new crewmembers as well as visitors, such as vendors. This template is intended to reinforce the importance of wearing personal flotation devices and other measures to reduce the incidence of falls overboard.

Tom McWhorter of Florida Marine Transporters, Chairman of the Subcommittee on Lesson Plans, reported that his subcommittee had developed a lesson plan on slip, trip and fall prevention. Next, the subcommittee will develop a lesson plan on ladder safety.

Both of these safety tools will be distributed to all AWO members once they are finalized.

Communication and Improved Crew Safety Performance

Dr. Dennis McClain, medical review officer for American Commercial Barge Line, gave a presentation on performance concerns relating to over-the-counter drug use.

Several committee members shared lessons learned relating to eye injuries, boarding access, and fall overboard prevention.

Voyage/Trip Planning

The committee discussed the need for, and a possible approach to developing, trip plans. The committee will reach out to operational personnel for their input.

The Interregion Safety Committee is grateful to LeBeouf Bros. Towing and Ohio Valley Marine Service for their generous sponsorship of the committee's reception.

The committee will next meet in a joint session with the Coastal Safety Committee in Baltimore, MD, on November 3-4. For further information on any of the above topics, please contact Kathy Rehak at (703) 841-9300 or krehak@vesselalliance.com.

Advice On Preparing For A Third-Party Audit

In this "audit season" of 2005, AWO member companies can ensure that their third-party initial or recertification RCP audit goes smoothly by remembering to take a number of simple steps to prepare. As most members know by now, advance preparation results in efficient, cost-effective audits by reducing the amount of time necessary for the auditor to spend at company locations, reducing disruption to the operation.

First, after you have decided on the individual who will conduct your audit and the hourly or daily rate and any other charges, discuss with your auditor the time and date that the audit will take place. Agree on where the meetings will be held, and where the required records are located. Discuss the location and availability of equipment and transportation to any remote sites and how to access the agreed-upon equipment. Communicate your expectations for the audit: e.g., do you want your audit to determine basic RCP compliance only, or do you want more detailed advice on system improvements, or some combination of both? Discuss with your auditor the individual(s) from your operations who will be available to accompany or otherwise assist him or her.

Next, ensure that the documentation that will need to be examined is readily accessible. This documentation includes: safety and/or RCP manuals, vessel logs, training records, maintenance and vessel inspection records, records of safety meetings and drills, and any other records that are part of your safety management program.

Finally, be sure to advise the auditor of all company safety requirements, including required personal protective equipment, terminal/office safety rules, and any drug testing requirements for vendors. Be sure to include any insurance requirements such as liability coverage, professional liability and auto.

Taking these simple steps in advance of your third-party audit will help ensure a quick, efficient and cost-effective AWO-certified third-party audit. If you have any questions about third-party audit or anything else relating to the Responsible Carrier Program, please contact Bob Clinton or Kathy Rehak at (703) 841-9300.

CEMS Training Opportunities

The Crew Endurance Management System (CEMS) is a system for managing risk factors in maritime work environments that can lead to human error and performance slumps. The Coast Guard and AWO have been working together to help companies implement the principles of CEMS.

In this space, AWO will publish details of CEMS training opportunities around the country. For further information on CEMS training opportunities, please contact LT Samson Stevens, U.S. Coast Guard, (202) 267-0173.

Regional Reports

On July 12, the Louisiana Department of Environmental Quality (DEQ) held its annual Air Quality Open House in Baton Rouge. Among the handful of topics discussed at the public meeting was a video demonstration of the Hawk camera system. The Hawk camera is new technology capable of identifying the infrared absorption of gases and vapors in the air.

In June, the DEQ mounted the camera to a helicopter and used it to look for leaks from approximately 3,000 railcars, 500 storage tanks, and 100 barges. While the department does not have jurisdiction over barges, the agency intends to make every available effort to reduce the potential sources of hydrocarbon emissions from barges. DEQ Secretary Mike McDaniel said the agency will work with the Coast Guard and the barge industry to clean up the leaks. "They're a major source, it looks like, of these reactive hydrocarbons that could be contributing to Baton Rouge ozone problems," McDaniel said, adding that "we have no idea in our planning on how to deal with them."

A group of industry professionals is expected to meet with DEQ officials in the next several weeks to discuss the scope of the agency's emissions reduction program. For additional information, please contact Matt Holzhalb, AWO Southern Region Vice President, via email at mholzhalb@vesselalliance.com or by phone at (504) 799-2239.

As reported in the June 24 AWO Letter, Senator Patty Murray (D-WA) has included funding for the continual, 24-hour-a-day operation of the Ballard Locks in the Senate Fiscal Year 2006 budget. Since the money was not allocated in the House of Representatives, the Senate and House will have to go into conference to determine the final budget. The estimates are that the Senate and House will not go into conference until September, which means there probably will not be a budget available by the first fiscal quarter starting October 1.

In order to keep operations functioning, the U.S. Army Corps of Engineers will go into Continuing Resolution Authority (CRA) until a budget is passed. Under the CRA, the Corps will maintain operations at a reduced budget level until an appropriations bill is passed. Even operating at the reduced levels of CRA the Corps intends to maintain the Locks on a 24-hours-a-day, seven-days-a-week basis. If, after the first quarter of 2006, funding for the Ballard Locks is not appropriated, the Corps will evaluate the risk of maintaining 24/7 operations. Currently the Corps has been given direction to reevaluate its budget, while maintaining current lock operations.

When: Thursday, August 11 7:30 a.m. - Continental Breakfast 8:00 a.m. - Meeting

Where: Salty's on Alki Restaurant, Duwamish Room, 1936 Harbor Avenue, S.W., Seattle, Washington

Details: The cost is $35.00 per attendee to offset catering and meeting charges. Email invoices will be sent upon receipt of registration form (attached).

Despite government actions including operating the river at minimum flows, decreasing the navigation season significantly for two years in a row, and completely shutting down the river in 2002 and 2003, the Missouri River continues to provide economic power to the lower Missouri River basin. A Japanese company constructing a new power plant in Council Bluffs, Iowa, (MM 606), has hauled over $350,000,000 worth of parts this year by barge. The parts, made in Japan, were shipped to New Orleans and hauled to Council Bluffs on barges powered by McDonough Marine Service. The parts could not have been transported via truck or rail. If the plant had been forced to rely on truck or rail, the plant could only have been built to generate 600 megawatts of power instead of 795 megawatts.

Other traffic includes over $80,000,000 in parts for the Callaway Nuclear Power Plant (MM 115.4), over $49,000,000 of sand and gravel, and $75,000,000 of asphalt and cement. The lack of available barges in the system has been a problem. As soon as barges are available, one company will begin regular agricultural shipments of alfalfa pellets from Consolidated Blenders in Blair, Nebraska. For more information contact Lynn Muench at (314) 446-6474 or awo-midcontinent@sbcglobal.net.

Prior to the Midwest and Ohio Valley Joint Regional Meeting on August 17-18, U.S. Coast Guard CDR Ken Hines, will provide tours of the Inland River Vessel Movement Center (IRVMC) and Dave Busse, Chief Hydrologist, U.S. Army Corps of Engineers - St. Louis District will provide demonstrations of the macro-model of the Mississippi River. Both tours will begin at 3:30 p.m. and last less than an hour. If you would like to attend either tour, contact Lynn Muench at (314) 446-6474.

The regional meeting on August 18 will feature Chuck Shea, Chicago Corps District, on the Fish Barrier; COL Duane Gapinski, Rock Island Corps District Commander on the UMR-IWW Navigation Study and Competitive Sourcing; CAPT Scott LaRochelle, Coast Guard Ninth District - Commander, Milwaukee Sector on issues facing the upper Illinois waterway and Lake Michigan; CAPT Tim Close, Coast Guard Eighth District Inland Waterways Coordinator on the Waterways Action Plan (WAP), and Roy Murphy, Kirby Corporation, on challenges facing the industry due to new licensing regulations.

The host hotel is the newly renovated Hilton Downtown. Rooms are being held at an AWO rate of $139.00. Since the cutoff date was July 18, rooms will now be offered at the AWO rate based on availability. Contact the hotel directly at (314) 436-0002. The registration form is attached. You can also register electronically at www.americanwaterways.com. For more information, including an agenda, contact Marilyn Clark at (703) 841-9300.

Congressman Danny K. Davis (D-IL) sponsored Section 3050 in the Water Resources Development Act (WRDA) restricting the navigation channel in the North Branch Canal portion of the Chicago River. This Section would decrease the navigational efficiency of the area. Tow sizes, now normally two barges, would be forced to one-barge tows to operate safely.

Before the bill went to the floor, Congressman Davis also offered an amendment that would have completely de-authorized the North Branch. AWO members, sister waterway associations, the Illinois Chamber of Commerce, the Sand and Gravel Association, and governmental agencies informed Transportation and Infrastructure Committee members that this would increase truck traffic through downtown Chicago by a minimum of 174 trucks per day and/or eliminate the six businesses on the North Branch that routinely receive waterway shipments. Due to the strong opposition, Congressman Davis did not offer the amendment when WRDA went to the floor.

The original language continues to be part of the House-passed version of WRDA. Outreach to Congressman Davis and others is planned for the August recess. For more information, contact Lynn Muench at (314) 446-6474 or via email at awo-midcontinent@sbcglobal.net.

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

AWO Letter

July 22, 2005
Volume 62, No. 16

Agency Actions

Legislative News

In the News

Association News

Responsible Carrier News

2005 Priorities Activities

Advice On Preparing For A Third-Party Audit

CEMS Training Opportunities

Regional Reports

AWO Letter

July 22, 2005 Volume 62, No. 16

Agency Actions

Legislative News

In the News

Association News

Responsible Carrier News

2005 Priorities Activities

Advice On Preparing For A Third-Party Audit

CEMS Training Opportunities

Regional Reports

July 22, 2005
Volume 62, No. 16