August 5, 2005
Volume 62, No. 16
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Legislative News
- Major Legislation Passed, Congress Adjourns for August Recess
Agency Actions
- MERPAC, NAVSAC Seek New Members
- Coast Guard Explores Innovative Fire Protection Systems
In the News
- "Federal court says dam spills will continue"
- "U.S. Turns to Democracy to Settle River War"
- "Corps Approves Snake River Dredging Plan"
Responsible Carrier News
- Procrastination Can Be a Problem in RCP Recertification
- CEMS Training Opportunities
Association News
- Did You Know?
- AWO Seeking Photos, Sponsors for Safety Calendar
- Important Dates and Reminders
Regional Reports
- Register Now: Midwest and Ohio Valley Regions Summer Meeting
Legislative News
Major Legislation Passed, Congress Adjourns for August Recess
House and Senate conferees put the final touches on a six-year
highway funding bill just before closing up shop for the August
recess last week. The legislation, H.R. 3, "The Safe, Accountable,
Flexible and Efficient Transportation Equity Act - A Legacy for
Users" also known as "SAFETEA-LU," includes numerous highway and
transportation safety provisions. The elements of the conference
report include provisions for motor carrier safety, highway and
vehicular safety, hazardous materials transportation safety, consumer
protections for moving household goods, sportfishing and recreational
boating safety, and rail infrastructure.
Most importantly, for waterways interests, the passage of the
highway bill will free up the conferees on the Senate Commerce,
Science and Transportation Committee to work on the Water Resources
Development Act (WRDA) upon their return in September. The House
passed its version of WRDA on July 14 (see related story, July 22
AWO Letter).
Meanwhile, House and Senate energy conferees slogged through and
passed the energy bill last week, which includes a provision to
require fuel manufacturers to use 7.5 billion gallons of ethanol
in gasoline by 2012. Increased ethanol consumption will reduce oil
consumption by 80,000 barrels of oil a day by 2012. According to
the American Farm Bureau, this change will reduce oil imports by
two billion barrels and will add $200 billion to US GDP between
2005 - 2012.
With their work done for now, legislators have adjourned for the
month of August and will return after Labor Day.
If you would like more information about the highway bill, energy
bill, or WRDA please call Boyd Hollingsworth or Angela Madden at
(703) 841-9300 or email amadden@vesselalliance.com.
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Agency Actions
MERPAC, NAVSAC Seek New Members
The Coast Guard is seeking applicants for membership on two federal
advisory committees whose work may affect the tugboat, towboat,
and barges industry.
MERPAC
The Merchant Marine Personnel Advisory Committee (MERPAC) provides
advice and makes recommendations to the Coast Guard on matters related
to the training, qualification, licensing, certification, and fitness
of seamen serving in the U.S. merchant marine. The Coast Guard will
consider applications for five positions that expire or become vacant
in January 2006. Applicants with one or more of the following backgrounds
are needed to fill the positions: shipping company representative;
licensed deck officer; licensed engineering officer; a marine educator
affiliated with a training institution other than a state or federal
maritime academy; and, a public member. MERPAC meets at least twice
a year, once in Washington, D.C., and once elsewhere in the country.
Subcommittees and working groups meet to consider specific tasks
as needed. Members serve for a term of three years.
You may request an application or obtain more information about
MERPAC by contacting Mr. Mark Gould, Assistant to the Executive
Director, at (202) 267-6890 or by fax at (202) 267-4570. The application
form is also available on the Internet at www.uscg.mil/hq/g-m/advisory/index.htm.
MERPAC applications are due by August 31.
NAVSAC
The Navigation Safety Advisory Council (NAVSAC) advises the Coast
Guard on various maritime safety issues, including prevention of
vessel collisions, rammings and groundings; International and Inland
Rules of the Road; navigation regulations and equipment; vessel
routing measures; marine information; diving safety; and, aids to
navigation systems.
Applications will be considered for eight positions that expire
or become vacant in November 2005. The Coast Guard is seeking the
following candidates: three members who are recognized experts and
leaders in organizations having an active interest in Rules of the
Road and vessel and port safety; two members with an interest in
maritime law; one member who is a federal or state official with
responsibility for vessel and port safety; one member from the recreational
boating community; and, one member representing professional mariners.
NAVSAC meets twice a year in plenary session, although it may meet
more often if special circumstances exist. NAVSAC's subcommittees
and working groups may also meet to consider specific issues. Members
serve for three years, and some members may serve consecutive terms.
You may request an application or obtain more information about
NAVSAC by contacting Mr. John Bobb, Assistant Executive Director
of NAVSAC, at (202) 267-2384 or by fax at (202) 267-4700 or by email
at jbobb@comdt.uscg.mil.
The application form is also available on the Internet at www.uscg.mil/hq/g-m/advisory/index.htm.
NAVSAC applications are due by September 1.
Coast Guard Explores Innovative Fire Protection Systems
As gaseous agent fire suppression systems currently used on board
vessels are being banned or phased out because of their environmental
effects, the Coast Guard plans to explore how innovative technology
can be used to improve existing halon and carbon dioxide fire suppression
systems. The Coast Guard's Research and Development Center (RDC)
is seeking inquiries and proposals to collaborate with industry
to develop innovative fire suppression and protection systems. The
Coast Guard intends to enter into a Cooperative Research and Development
Agreement to promote the transfer of new technologies to the private
sector for commercial use by sharing federal and private research
resources.
The Coast Guard and its selected research partner(s) will create
a structured and collaborative test environment to advance concepts
and technologies for innovative new fire suppression/protection
systems. The Coast Guard RDC will provide test data on new systems
to the agency's Marine Safety, Security, and Environmental Protection
Directorate for use in developing approval procedures for such systems
to be used on vessels.
Inquiries and proposals from potential partners should be sent
by August 24 to Mr. David Beene, Fire and Safety Technologies Project
Manager, Coast Guard Research and Development Center, 1082 Shennecossett
Road, Groton, CT 06340, or by email to dbeene@rdc.uscg.mil.
For a copy of the July 15 Federal Register notice that contains
additional details on the project goals, expected Coast Guard and
industry contributions to the research, and the selection criteria,
contact Amy Hewett at ahewett@vesselalliance.com.
Back to Top
In the News
"Federal court says dam spills will continue"
The 9th U.S. Circuit Court of Appeals upholds a judge's order
on the Columbia and Snake to help at-risk salmon
This article, authored by Joe Rojas-Burke, appeared in The Oregonian
on July 27. It is reprinted here in its entirety.
A federal appeals court Tuesday upheld an order requiring heavy
releases of river water over Columbia and Snake river dams to benefit
threatened salmon this summer, an action that could cost as much
as $81 million.
The spills, which began this month, were ordered by U.S. District
Judge James Redden, who said they were necessary to avoid irreparable
harm to Snake River fall chinook salmon migrating downstream.
Federal agencies including the Bonneville Power Administration
(BPA) asked the 9th U.S. Circuit Court of Appeals to overturn the
order, arguing that the additional spill could worsen survival of
young salmon in a low-water year with slower and hotter river conditions.
The National Marine Fisheries Service, the federal agency responsible
for threatened and endangered salmon, had endorsed a plan to collect
most of the summer-migrating Snake River salmon and transport them
by barge and truck past the dams. Federal officials called the spill
plan an "untested experiment" and argued that the district court
judge overstretched his authority and engaged in "micromanaging"
the river.
The high cost of spilling water spurred opposition from utility
and industrial customers, who deemed it wasteful. Water sent over
spillways bypasses power generating turbines. The BPA, the federal
energy wholesaler, estimated that costs of forgone power generation
at $57 million to $81 million, depending on market prices for power.
A three-judge panel of the appeals court ruled unanimously that
the judge did not abuse his discretion. The spills will continue
through August.
Conservation groups said the decision underscored that federal
agencies are doing too little to recover threatened and endangered
salmon. Industry groups pointed out that the appeals court found
some fault with the spill order.
The appeals court ordered the district court to consider modifying
the spill order to address problems, such as an unexpected delay
of adult salmon at one dam last month.
"U.S. Turns to Democracy to Settle River War"
This story, written by Bill Lambrecht, appeared in the July 25
St. Louis Post-Dispatch. It appears here in its entirety.
A pallid sturgeon
WASHINGTON - Tom Waters echoed the sentiments of farmers as negotiators
from Missouri to Montana prepared to gather today for an experiment
in resolving a matter overflowing with controversy -- a spring rise
on the lower Missouri River starting next year.
"It's a scary deal," remarked Waters, a farmer from Orrick, Mo.,
who said he feared crop damage from high water.
To others it's a hopeful deal, and at the very least, it's a new
deal being offered by the Army Corps of Engineers as it seeks to
balance divergent interests along a 2,340-mile waterway stretching
from the Mississippi River to the Northern Plains.
If it works, the experiment in conflict resolution could provide
the blueprint for stemming environmental neglect along the Missouri
- and perhaps for solving big river water wars elsewhere.
For three days, about 60 representatives of the federal government,
state agencies, American Indian tribes, conservation groups and
commercial interests will gather in Omaha, Neb., under the banner
of the U.S. Institute for Environmental Conflict Resolution, a federal
agency.
The mission: reaching consensus on the details of sending pulses
of water into the lower third of the river each spring in order
to benefit the pallid sturgeon, an endangered fish. The spring rise
on the dam-controlled river is scheduled to occur next year after
more than a decade of bureaucratic wrangling and court rulings.
In Omaha, participants must settle how high the water will be made
to rise, along with precisely when, how often and for how long,
a complex formula in which everyone along the Missouri has a stake.
Indeed, water that gushes from Gavins Point Dam in South Dakota
into the 732-mile stretch of river that meets the Mississippi above
St. Louis is coveted by states upriver, which, at the moment, are
suffering through the sixth year of a historic drought.
But the state of Missouri, among others, bridles at buying into
a plan that could threaten too much water in spring and too little
at other times for drinking, power production and other needs.
Based on preliminary sessions leading up to this week's gathering,
participants see Missouri - which has generally opposed federally
prescribed flow changes - as the biggest obstacle in reaching a
consensus.
Michael Wells, chief of water resources in Missouri's Department
of Natural Resources, said he saw value in locking people in rooms
and forcing them to justify their positions and learn from one another.
But Wells says that it's hard to predict what will happen this
week.
"You've got to protect the interests of the state of Missouri,"
he said. "But at some point, you might have to give a little bit
in order not to lose more later."
For many participants, the process is as noteworthy as the policy
it yields. Since gaining ironclad control over the Missouri River
in the dam-building era of the 1940s, Army engineers have managed
it in a fashion that gives people in the basin little in the way
of meaningful involvement.
Denise Garnier, assistant director of the Missouri Department of
Conservation, sees the potential of a new way of doing business.
Her agency was so irritated with the Corps' methods earlier this
year that it threatened to refuse to hand over parcels of riverfront
for Corps projects.
"We can actually debate an issue and ask questions of one another
to see if we can find common ground. That said, we haven't yet seen
a demonstration of what the Corps will actually do with the product
of these discussions," she said.
The Corps insists that it will accept the will of the Missouri
basin - as long as that recommendation includes the court-affirmed
spring rise.
"After we go through this, it would be pretty hard not to," remarked
Paul Johnston, spokesman for the Corps' Omaha district. "Our goal
is to get everybody in the same boat facing the same way."
"Spike the river"
Federal agencies are spending $290,000 on the meeting. They point
to collaborative efforts elsewhere that have tamped down hostilities
- in Puget Sound in Washington state, along the upper Colorado River
and at Glen Canyon Dam in Arizona.
But success is far from assured.
Participants will try to agree on whether the sturgeon would respond
best to one rise or two and whether the temperature of the water
is significant - which would have a bearing on the time of the water
releases.
Chris Moore, the Colorado-based contractor who will oversee the
proceedings, has worked as a mediator in Africa, Central America
and elsewhere around the world in environmental and peace-making
sessions.
In Omaha, he said, the broad geography of the river and the diversity
of interests complicate matters, as does the dependence on dams.
Farmers such as Tom Waters, who heads the Missouri Levee and Drainage
District Association, want as little rise as possible so as not
to threaten newly planted crops and drainage systems.
Meanwhile, voices such as those of Paul Hedren of the National
Park Service want to "push the envelope" for the maximum environmental
benefits.
"Let's really spike the river," he said, adding his belief that
it can be done without threatening farmers.
The prospect of more democracy along the river is especially alluring
considering that Congress is on the verge of appropriating a record
amount of money - nearly $70 million - for Missouri River restoration
next year. That is three times as much as this year.
Chad Smith, Missouri River specialist for the advocacy group American
Rivers, echoed other participants in saying that it has been refreshing
to sample democracy in sessions leading up to Omaha.
"We are just scratching the surface of democracy, but it feels
good," he said.
What is a spring rise?
The building of dams and re-engineering the Missouri River for
barges and flood control not only changed its meandering ways but
also destroyed much of its wildlife.
Two river birds and one fish, the pallid sturgeon, became federally
protected because of their declining numbers, and the U.S. Fish
and Wildlife Service has concluded that dam operations must change
if the sturgeon are to survive and the Army Corps of Engineers is
to avoid violating the Endangered Species Act.
A spring rise is a significant increase in water volume early in
the year so as to approximate the river's natural cycles. It is
believed that one or two such pulses of water will trigger spawning
by pallid sturgeon, carry nutrients into the water and create new
channels and pools away from swift currents to the benefit of fingerling
fish.
The spring rise has proved highly controversial over the years,
fiercely opposed by farmers wanting to keep the Missouri locked
firmly in its banks. After a decade of suits and political battles,
the spring rise is scheduled to take place next year.
"Corps Approves Snake River Dredging Plan"
This Associated Press story appeared in the July 16 Seattle Post-Intelligencer.
It is reprinted here in its entirety.
LEWISTON, Idaho -- The U.S. Army Corps of Engineers has approved
a plan to dredge tons of riverbed silt from the confluence of the
Snake and Clearwater rivers on the Idaho-Washington border to improve
access to inland ports for oceangoing barges.
But environmentalists say the decision by the Corps could trigger
a repeat of previously successful court challenges to the plan.
"The record of decision represents the third time in four years
that the Corps has trotted out the same exact plan that will harm
salmon, harm communities and fails to grapple with the serious problems
of sediment buildup in Lower Granite Reservoir," said Jan Hassleman
of the National Wildlife Federation in Seattle, which advocates
breaching dams on the lower Snake River system to improve salmon
migration.
In 2002, a federal judge in Seattle stopped a similar dredging
plan by ruling that the work would threaten salmon under the Endangered
Species Act. In 2004, the judge determined that the Corps had not
considered alternatives to dredging. A Corps plan to increase the
height of riverbank levees by 3 feet to allow more water to pool
behind Lower Granite Dam was also defeated in court.
The Corps is authorized by Congress to maintain a shipping channel
to the inland ports of Lewiston and Clarkston that is 250 feet wide
and 14 feet deep. Soil and sand particles carried downstream by
currents are deposited when the river slows and becomes slack water
behind the dams. Because of the buildup, the channel depth has decreased
to 8.5 feet at Clarkston and 10.6 feet at Lewiston.
This spring, two grain barges had to be pulled loose after getting
stuck in the ports, and shippers have been forced to reduce loads
to compensate for the shallow depths.
Association News
History Channel in Search of "Mega Movers" The History Channel
has contacted AWO in search of a "mega barge move" for a new 12-episode
series that will air early next year. Specifically, The History
Channel would like to concentrate one of the twelve episodes of
the series, entitled "Mega Movers," on a barge move of an unusual,
enormous cargo, such as a booster for the space shuttle or a move
of a large military unit, for example. The producers cannot use
video that has already been shot because the new series will be
presented in high definition. If your company is planning a "mega
move" anytime before the end of December, please contact Anne Burns
at aburns@vesselalliance.com
or (703) 841-9300 for a chance to be featured on The History Channel!
Did You Know?
79% of the U.S. tank barge fleet is double-hulled
AWO estimates that as of July 2005, the domestic tank barge fleet
consisted of 3,650 vessels. As the chart below shows, double-hulled
barges numbered 2,870, or 79% of the fleet. The rest of the fleet
is divided nearly evenly between 309 single-hull barges and 471
other hull types (double-side, double-bottom, and other reinforced
hull designs).
Compared to the previous estimate in July 2004, the tank barge
fleet decreased by 226 vessels, but the percentage of double-hulled
vessels increased from 74% to 79%. Analysis of the individual vessels
deleted from and entering the fleet shows that in recent years,
companies have been removing older tank barges of all hull types
and replacing them with modern double-hull tank barges.
For more information, contact Doug Scheffler, AWO's Manager - Research
& Data Analysis, by phone at (703) 841-9300 or via email at dscheffler@vesselalliance.com.
AWO Seeking Photos, Sponsors for Safety Calendar
Fifth Annual Photo Contest
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.
Safety Calendar Sponsorship Program
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.
Important Dates and Reminders
- August 11: Pacific Region Meeting, Seattle, WA. Registration
is due August 2. For more information, contact Marilyn Clark.
- August 17-18: Midwest and Ohio Valley Joint Summer Meeting,
St. Louis, MO. Registration is due July 18, 2005. For more information,
contact Marilyn Clark.
Back to Top
Responsible Carrier News
Procrastination Can Be a Problem in RCP Recertification
It has been said that procrastination is a part of human nature.
That may or may not be true, but it is certainly one of the biggest
problems for companies in completing their Responsible Carrier Program
(RCP) Recertification Audits. The majority of AWO member companies
have been participating in the RCP since its inception in 1994 and
have been subject to the audit requirement since 2000. For most
of these companies, the RCP has become an integral part of their
company culture and a "way of life" for management and vessel crews.
However, this familiarity can lead to procrastination; confidence
in its RCP can lead a company, knowing it is in compliance, to put
off scheduling the audit until the last minute.
This procrastination can lead to problems when the company discovers
that its third-party RCP-certified auditor is fully booked at the
time the company needs to undergo its audit, leading to a minor
panic as the company searches for an available auditor at the last
minute. As most of us well understand, the last minute anything
usually costs more money, and an audit is no different!
Adding to the last minute problems, a company may find that it
has minor nonconformities that have been overlooked during its internal
audits that need to be corrected before completing the recertification
audit. Companies having nonconformities may be granted up to 90
days to complete their audits; however, this imposes an additional
deadline and may cause further problems like scheduling and interruption
of operations.
Another problem associated with reaudit is the opposite of procrastination,
and can be called "jumping the gun," completing the recertification
audit more than 90 days before it is due. "Jumping the gun" results
in a company resetting its audit date, causing "audit creep," effectively
reducing the time between audits. The RCP audit protocol allows
a company to complete its audit "up to 90 days prior to the anniversary
date" of its audit and still retain its original audit due date.
The moral of this story is clear: Don't procrastinate! Third-party
audits should be scheduled sufficiently in advance, but not more
than 90 days, to allow time to correct any nonconformities that
may be found. Companies may be granted up to 90 days to correct
nonconformities and still retain their original audit dates, but
this can lead to needless last minute panic and additional deadlines
and operational challenges.
As always, if you have any questions about your company's audit
due date or any other RCP-related question, please call 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.
Back to Top
Regional Reports
Register Now: Midwest and Ohio Valley Regions Summer
Meeting
The Joint Midwest and Ohio Valley Regional Summer
Meeting will be held on August 17-18 in St. Louis. The meeting will
begin with a reception on August 17 from 6:00-7:30 p.m. The meeting
will be held on August 18 from 7:00 - 11:00 a.m.
The meeting will include updates on the fish barrier,
the Missouri River, towing vessel inspection, licensing and Waterways
Action Plan progress.
Following AWO's business meeting, AWO members are
invited to join the St. Louis Agri-Business Club's (SLABC) biennial
Congressional Workshop from 11:00 a.m. - 4:00 p.m. for the river
educational tour.
The host hotel is the newly renovated Hilton Downtown.
Since the cutoff date has since past, rooms will 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 via the AWO Web site at www.americanwaterways.com.
For more information, including an agenda, contact Marilyn Clark
at (703) 841-9300.
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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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