AWO Letter - February 5, 2026

Jones Act's Constitutionality Upheld by Court. In a decisive victory, the U.S. District Court for the District of Columbia dismissed the plaintiff's claims in Koloa Rum Company v. Noem. In this case, a Hawaiian rum company aided by the Pacific Legal Foundation sued the Trump Administration to block enforcement of the Jones Act by claiming it is unconstitutional. Last summer, the American Maritime Partnership, with AWO as a leading member, was granted intervenor status to support the Trump Administration in its defense of the Jones Act.  

In a comprehensive 46-page opinion, the Court determined that Koloa Rum's claim was time barred under the statute of limitations, but the Court also went further in methodically analyzing and upholding the Jones Act's constitutionality had the claims not been barred.  

This thorough ruling establishes clear precedent that the federal courts are no place for Jones Act opponents to attempt to undermine the Jones Act--its constitutionally is clear, and in the words of the Court, the "Plaintiff's grievance is, at bottom, a policy dispute of the sort that is best brought to Congress, not this Court." 

AWO President & CEO: Jones Act Integral to National Security. AWO President & CEO Jennifer Carpenter joined Sara Fuentes, Vice President for Government Affairs at the Transportation Institute, on the Center for Maritime Strategy's Maritime Nation podcast, hosted by Admiral James G. Foggo, U.S. Navy (Ret.). In this inaugural episode of Season 5, the conversation centered on the enduring value of the Jones Act and its foundational role in safeguarding America's waterways.

During their discussion, Jennifer emphasized that the Jones Act is one of the nation's oldest homeland security laws, ensuring the United States maintains the capability to move commerce safely between domestic ports. She noted that the U.S. is far from alone in this approach--more than 100 countries representing roughly 85% of the world's coastlines embrace similar policies to strengthen maritime domain awareness, prevent the weaponization of commerce, and reduce the risk of sabotage.

Looking ahead, the discussion highlighted the need to build out the maritime workforce, revitalize U.S. shipbuilding, and ensure stable policy support for the domestic fleet to reinforce the U.S. maritime industry as a pillar of national defense.

Welcome to AWO -- 3 New Members!

• Gulf Marine Insurance Brokers, LLC. Gulf Marine Insurance Brokers, LLC, the marine division of Shield Insurance Group, LLC, is a Metairie, Louisiana-based insurance brokerage specializing in maritime and marine insurance solutions. The firm works closely with vessel owners, operators, and maritime businesses to deliver tailored coverage that addresses the unique risks of the marine industry, backed by responsive service and deep sector expertise.
• The Viswa Group. The Viswa Group, founded in 1991, provides ISO/IEC 17025:2017-accredited testing, inspection, emissions compliance, and digital reliability services that help agencies and prime contractors protect assets and meet evolving standards. From its Houston headquarters and global labs, Viswa's chemists and engineers combine advanced instrumentation with fast turnaround and expert interpretation. Core services span fuel and lubricant diagnostics, bunker and cargo surveys, IHM surveys, oil condition monitoring, and end-to-end emissions consulting. Secure platforms and integrations deliver real-time visibility, traceability, and audit-ready records. Clients rely on Viswa for accurate data, clear recommendations, and actionable guidance that reduce risk, lower lifecycle costs, and improve reliability.
• VLS Environmental Solutions. VLS is primarily a waste solutions company that operates four unique divisions within the organization: Waste, Rail, Marine, and Haz-Waste. Each division offers a unique, sustainable and environmentally-friendly means of waste disposal.

Paid Leave Exemption Bill introduced in Illinois Senate. Senator Meg Loughran Cappel (D-Crest Hill) recently introduced SB2904, legislation that would amend Illinois' Paid Leave for All Workers Act to exempt mariners engaged in the operation of towing vessels. SB2904 is a companion bill to HB2808, introduced last year by Representative Larry Walsh (D-Joliet). AWO is actively working to secure passage of both bills and will lead member delegations to Springfield, Illinois, to advocate for passage in the coming months. For more information, please contact Justin Lampert or Kyle Burleson. 

AWO Holds Industry Training With Sector Houston-Galveston. AWO Southern Region members recently visited Coast Guard Sector Houston-Galveston for an industry training day with marine inspectors. Industry representatives shared company background, safety compliance strategies, and how AWO membership aligns with their company's safety goals. Members engaged in productive dialogue with each other, marine inspectors, and Sector Commander Nicole Rodriguez. AWO Southern Region Vice President Jill Bessetti also provided an overview of AWO and its Quality Safety Partnership with the Coast Guard. If you are interested in participating in future Coast Guard training events, please reach out to Jill Bessetti.

USDA Study Highlights Importance of Inland Waterways. The U.S. Department of Agriculture (USDA) recently published a report examining the economic importance, reliability, and efficiency of inland waterways transportation for American agriculture. The report, prepared by the Department of Transportation's Volpe Center, shows that more than 200,000 jobs and nearly $30 billion in GDP contribution are supported by the inland waterways transportation industry, with the movement of agricultural exports on the waterways accounting for 123,000 jobs and approximately $17 billion in GDP. 

As AWO's Jennifer Carpenter observed in an American Maritime VOICES article on the study: "When the river system works, farmers can compete globally, even in tight markets. The men and women of America's tugboat, towboat and barge industry work hard to keep that supply chain moving safely and efficiently." 

CARB Publishes Draft Regulations for GHG Reporting. The California Air Resources Board recently published initial draft regulations for its Greenhouse Gas Reporting and Climate-Related Financial Disclosure Programs. Authorized by state law, these programs would require certain entities doing business in California to report their GHG emissions and disclose climate-related financial risks. 

The proposed regulation would establish two new funds: the Climate Accountability and Emissions Disclosure Fund and the Climate-Related Financial Risk Disclosure Fund. The regulation also defines key terms, including "revenue" and "doing business in California," to clarify which entities would be subject to reporting requirements and associated fees. In addition, CARB is proposing an initial first-year reporting deadline of August 10, 2026, for Scope 1 and Scope 2 emissions. 

CARB will hold a public hearing on February 26 to consider the proposed regulations. Written comments may be submitted at the hearing or electronically no later than February 9. AWO is currently drafting comments to submit before the February 9 deadline. If you have feedback you would like AWO to consider in its comments, please contact Lillie Wightman. 

California Proposes Updates to Carl Moyer Program. The California Air Resources Board (CARB) has unveiled proposed updates to the Carl Moyer Program, an incentive program that began in 1998 and helps operators voluntarily replace or upgrade engines and equipment with cleaner-than-required alternatives. CARB has opened a 45-day public comment period, which runs through February 16, and will hold a public meeting on February 26.  

The proposed revisions include updates to funding opportunities and program processes affecting marine vessels. While these changes are limited to short-run ferries, AWO is preparing comments urging CARB to consider additional improvements for commercial harbor craft during the program's next review cycle in late 2026. 

If your operation has pursued Carl Moyer funding and encountered challenges in securing support, please share your feedback with Lillie Wightman to help AWO identify opportunities to improve program accessibility and effectiveness.

SafeMTS Announces Pilot Report and Webinar. SafeMTS has released a new pilot report, Applying Large Language Models to Maritime Near-Miss Safety Data Analysis, exploring how advanced language-based tools can improve the analysis of maritime near-miss data. The report examines how emerging data science methods can efficiently process and classify free-text near-miss reports within a secure, CIPSEA-protected environment, improving consistency, speed, and the ability to identify safety trends and risks.

To mark the release, SafeMTS has opened registration for a 45-minute webinar on March 3 from 11:00 to 11:45 a.m. Eastern time. Hosted by the Bureau of Transportation Statistics, the session will highlight pilot objectives, methods, key findings, and next steps for broader SafeMTS implementation.

Stakeholders are encouraged to read the report, register, and share the webinar invitation for the March 3 session. Please direct questions to SafeMTS@dot.gov or Michael Breslin.

AWO PAC and Inside Elections. AWO PAC has partnered with Inside Elections for another special edition, featuring a Senate overview including analysis on races across the country and House, Senate, and Governor rating charts.

AWO PAC is the connected political action committee for The American Waterways Operators and serves as the trade association's separate segregated fund. As a trade association, AWO is prohibited from using general treasury funds or membership dues to make federal contributions. AWO is one of the most effective advocacy associations in Washington, DC, and relies on voluntary personal contributions to fund AWO PAC.

AWO PAC supports federal candidates who are champions of the U.S. tugboat, towboat and barge industry and who are leaders on issues important to our industry. AWO PAC is dedicated to protecting AWO members' investments in the safest, most environmentally responsible and most economical mode of freight transportation and safeguarding the integrity of the Jones Act to protect the bottom lines of our members.

AWO PAC may solicit contributions from individuals of a member company once the member representative gives AWO written prior approval.

Reminder -- Make Your Hotel Reservations for the AWO Winter Meeting Series! As the Winter Meeting Series approaches, don't forget hotel room block deadlines. The Atlantic, Winter Safety and Combined Regions room blocks have officially closed, while the Pacific Region Annual Meeting room block closes on February 14. Register and make your reservations today! 

Combined Regions Annual Meeting: Register | Make Hotel Reservations

Winter Safety Meeting: Register | Make Hotel Reservations

Pacific Region Annual Meeting: Register | Make Hotel Reservations

Please contact Carmina Smith with any questions.