AWO Letter - September 3, 2026
Jones Act Waiver: Member Engagement Needed Now. The Administration's move to case-by-case waiver reviews in the latest extension of the ongoing Jones Act waiver offers a critical opportunity to demonstrate that Jones Act-qualified vessels are ready and available to move the nation's commerce. To maximize this opportunity and avoid displacement of American vessels and American mariners in trades typically served by Jones Act-qualified vessels, all AWO members should sign up to receive Vessel Availability Requests (VARs) from the Maritime Administration and respond to relevant requests within 24 hours.
To date, MARAD has issued more than 65 VARs in response to Jones Act waiver requests. VARs indicate the product a waiver requester wants to transport, quantity, and loading and unloading locations and preferred dates. Based on industry responses to a VAR, MARAD makes a determination as to whether U.S. vessels are available and provides that information to the Department of War, which has sole discretion to grant or deny a waiver. The ratio of approvals to denials is currently running about 50/50, with a number of requests still in process.
This result almost certainly understates U.S. vessel availability because waiver requesters can structure their requests to increase the likelihood of a non-availability determination through timing or lot size requests. In addition, waiver requests are increasingly being made for established trade lanes, particularly cargo movements in the Gulf between Texas, Louisiana, and Florida that are well-served by our industry, and there are indications that waiver requesters are using the VAR process in lieu of established chartering and other commercial processes.
To counter this gamesmanship, AWO urges members to:
- Make sure that someone in your company is signed up to receive VARs directly from MARAD.
- Carefully review each request and respond with available capacity and any relevant context. For example, if the requested route is one you typically serve with vessels of a different type or size, provide that information to MARAD. If you have vessels that can move a portion of the quantity requested, move it in multiple loads, or if you could complete the transportation on a different schedule than proposed, let MARAD know. Also respond to MARAD with any context on any commercial abnormalities of the request that you believe demonstrate "gaming" of the process.
To be added to MARAD's VAR distribution list or for questions about how best to respond to MARAD, please contact Jennifer Carpenter or Patrick Parsons.
Congress Passes Continuing Resolution, Averting Shutdown Through December. Congress passed a continuing resolution (CR) September 1, and President Trump signed it into law September 2, funding the federal government through December 11 and avoiding a government shutdown at the start of Fiscal Year 2027. The CR avoids a Coast Guard shutdown and provides additional time for Congress to complete work on annual appropriations bills and other legislative priorities, including the National Defense Authorization Act and Water Resources Development Act. Please contact Craig Montesano with any questions.
Congressional Action Close on Harbor Craft CRA Resolution. House leaders are close to scheduling floor consideration for H.J. Res. 213, a Congressional Review Act (CRA) resolution that would void EPA's 2022 waiver authorizing the California Air Resources Board's (CARB) commercial harbor craft regulation. The measure, introduced by Congressman James Gallagher (R-CA), may come to the House floor during the week of September 14 as part of a package of CRA resolutions related to EPA-waivered California regulations. AWO is working alongside other organizations representing affected stakeholders to achieve the goal of Congressional action as soon as possible. CRA resolutions are considered non-amendable privileged motions that can be called to the House and Senate floors for debate at any time. A companion measure to H.J. Res. 213 was introduced by Sen. Bernie Moreno (R-OH).
Coast Guard Seeks Comment on Updates to Streamlined Inspection Program. The U.S. Coast Guard's Office of Commercial Vessel Compliance has published a request for comments on draft Navigation and Inspection Circular (NVIC) 02-99, Change 1, Guidance on the Streamlined Inspection Program (SIP). The Coast Guard describes draft NVIC 02-99, Change 1, as an effort to modernize the SIP, which was established in 1994 as an alternative approach to traditional vessel inspection. Under the revised NVIC, Coast Guard oversight of companies and vessels enrolled in the SIP would further shift from an annual "boots-on-deck" inspection model to a risk-based document verification model. Other changes include integration of commercial fleet management software and third-party audits to satisfy SIP requirements and introduction of a framework authorizing SIP enrollees to conduct minor, non-structural hull repairs autonomously.
Many AWO members are currently enrolled in the Joint D8/D9 Tank Barge Streamlined Inspection Program, or TBSIP. The revised NVIC would cancel the TBSIP and offer all inspected barge operators nationwide the option to enroll in the SIP. In its explanation of the TBSIP cancelation, the Coast Guard writes, "Many of the highly successful, risk-based flexibilities pioneered in the TBSIP are now expanded and offered to all eligible vessel subchapters enrolled in the SIP on a national scale." This is consistent with AWO's recommendations, in response to an earlier Coast Guard request for information about the SIP, to expand the TBSIP nationally and to additional inspected barge types.
However, other elements of the revised NVIC do not align with AWO's prior input. Notably, the revised NVIC states that companies and their associated vessels may only be enrolled in a single Coast Guard inspection program at any given time and specifies that an operator may not maintain active enrollment in both the TSMS option and the SIP option concurrently. In our March comment letter, AWO had encouraged the Coast Guard "to ensure that any changes to the SIP complement the TBSIP and the TSMS option and do not create unintended, potentially disruptive consequences for these existing, well-functioning alternative inspection frameworks."
Comments on draft NVIC 02-99, Change 1, are due September 23. AWO is convening its Towing Vessel Inspection Working Group on September 9 and welcomes input from all members to inform our response to the Coast Guard. If you have any questions or concerns, please contact Caitlyn Stewart.
Coast Guard Publishes Update to Steel Hull Inspection and Repair Guidance. The Coast Guard Office of Commercial Vessel Compliance has published Navigation and Vessel Inspection Circular (NVIC) 7-68, Change 1, Notes on Inspection and Repair of Steel Hulls. The revised NVIC includes additional guidance on procedures for evaluating and repairing pitting corrosion and incorporates the International Association of Classification Societies (IACS) Recommendation #47 Part B (Ship Repair and Maintenance) as an acceptable standard for ship repair. Please contact Liam Morcroft with any questions or concerns.
NMC Announces Process for Limited, Case-by-Case Extensions. With the broad credential extensions previously announced during the Department of Homeland Security funding lapse ending August 31, the National Maritime Center (NMC) has announced that certain mariners are eligible for case-specific extensions. A 120-day temporary authorization to sail under the authority of an expired credential is available for a mariner with:
- A Merchant Mariner Credential (MMC) that expired between January 1 and July 31, 2026 (national endorsements only);
- A renewal application submitted to the NMC before that credential expired, but not later than August 26, 2026; and
- NMC evaluation of that renewal application resulting in a letter requesting additional information to complete the evaluation or an Approved to Test letter.
If a mariner qualifies for this relief, the NMC will issue a 120-day temporary authorization letter in conjunction with the additional information letter or Approved to Test letter.
Third Advocacy MasterClass Graduates Latest Cohort. AWO recently concluded its third Advocacy MasterClass, led by Peter Schrappen, Vice President -- Pacific Region and Regional Team Lead, and Kyle Burleson, Director of State Advocacy. Participants explored relationship-building, persuasion, public speaking, behavioral science, legislative strategy, and servant leadership, all aimed at helping members become more effective advocates in their state capitals. Congrats to all graduates!
Deck Barge Working Group Publishes Condition Survey Standards. AWO's Deck Barge Working Group has finalized a set of Condition Survey Standards that establish standards and best practices for condition surveys occurring before and after a deck barge's charter. The standards will help standardize the deck barge surveying process as well as manage expectations between deck barge owners and charterers. This is the second product from the AWO Deck Barge Working Group following the release of the AWO Wear and Tear Standards earlier this summer.
NTSB Office of Marine Safety Releases New Interactive Dashboard. The National Transportation Safety Board's Office of Marine Safety has introduced a new Safety Data Dashboard that presents NTSB marine incident investigations on an interactive Investigation Map and a Case Summary table interface. Both interfaces can be filtered by event date, vessel name, case status, vessel group, and casualty category, and each case view includes basic casualty information and links to the corresponding NTSB investigation page and docket.
AWO Hosts Ohio Valley Region Roundtable in Paducah. AWO recently hosted its annual Ohio Valley Region Roundtable in Paducah, Kentucky, bringing members together with representatives from Coast Guard Marine Safety Unit Paducah, the Towing Vessel National Center of Expertise, and the Ohio Valley Region Marine Transportation System Cyber Specialist. Attendees also heard virtual presentations from the Coast Guard's Maritime Cyber Readiness Branch and the Chief of the Office of Maritime Cybersecurity Policy. The roundtable provided an opportunity for members and Coast Guard officials to discuss regional priorities and emerging maritime cybersecurity issues. Thank you to the Seamen's Church Institute for hosting the gathering!
AWO Supports Cuyahoga River Bridge Operation Change. Following consultation with local operators, AWO submitted comments supporting the Coast Guard's proposal to change the hailing channel for movable bridges on the Cuyahoga River from VHF-FM Marine Channel 16 to Channel 9. AWO was especially pleased to see the proposal originate with the Cuyahoga River Harbor Safety Committee. Harbor safety committees bring together stakeholders with firsthand knowledge of local waterways and are best positioned to identify practical changes that improve safety and navigation in their ports.
AWO Holds Southern Region Roundtable and USCG Sector Lunch in Houston. AWO Southern Region members gathered in Houston last month to discuss key regional and national issues, engage with local Coast Guard leadership, and network with peers and customers. Discussion highlights included actionable ways to support the Jones Act, updates on cybersecurity regulations and fenceline monitoring projects, and examples of how local AWO-USCG training sessions are strengthening the industry's relationship with the Coast Guard. Captain Nicole Rodriguez, Commanding Officer of Sector Houston-Galveston, and her staff then led a Q&A session covering inspector availability, scheduling flexibility, and personnel changes. The program concluded with a tour of the Houston Maritime Center and Museum and a networking reception.
AWO Congratulates Tom Marian as Greater Houston Port Bureau's Maritime Leader of the Year. Former AWO Chairman and Buffalo Marine Service Vice President and General Counsel Tom Marian was recognized at the Port Bureau's Annual Maritime Dinner on August 22. More than 800 guests attended the event, where Patrick and Tim Studdert of Buffalo Marine honored Tom's leadership and commitment to advancing the maritime industry in the Houston area. Attendees included numerous AWO members, U.S. Coast Guard representatives, local, state, and federal leaders, and AWO staff members Joe Manion and Jill Bessetti.
AWO Supports IHNC Lock Replacement. AWO recently submitted comments strongly supporting the U.S. Army Corps of Engineers' recommended plan to replace the Inner Harbor Navigation Canal Lock in New Orleans. The IHNC is a critical connection between the Mississippi River and the Gulf Intracoastal Waterway, supporting the consistent movement of petroleum products and other essential cargo. Replacing the aging lock will improve the efficiency and reliability of this vital link in the nation's supply chain.
Wilmington Tug Hosts U.S. Rep. McBride. Last month, Wilmington Tug President Chris Rowland, Port Captain Jamie Pyle and AWO hosted a meeting with Rep. Sarah McBride (D-DE) in Wilmington to discuss the importance of the maritime industry in Delaware. Discussion focused on the harm caused by the ongoing Jones Act waiver, opportunities arising from the planned port expansion in Wilmington, and delays in credential processing at the National Maritime Center. While weather prevented Rep. McBride from getting on a tugboat, she expressed interest in doing so soon and seeing the Port of Wilmington up close.
Summary of NTZ -- August 2026. In the latest edition of AWO's Navigating to Zero Safety and Sustainability Newsletter, we highlighted the 2026 Coast Guard-AWO Annual Safety Report, which showed record-low fatalities and oil spills in 2025, and shared an AWO High-Value Near Miss on overhead cargo operations during active bunkering. We summarized recent NTSB investigation reports, including findings from the collision between the Yangze 7 and Miss Peggy, and presented new Coast Guard Findings of Concern focused on working aloft and safe cargo loading, along with the latest Marine Minerals Administration Safety Alerts. We also covered NOAA's updated Atlantic hurricane season outlook, interviewed Trevor Creel of Blessey Marine Services about training, safety observations and continuous improvement, examined repetitive trauma as a hidden risk for mariners, and reported encouraging SSRP trends and participation opportunities. In addition, we highlighted upcoming events, including the Fall Convention.
See these stories and more in the July NTZ and don't forget to send in your SSRP data, High Value Near Misses, and HERO Award nominations to promote continuous improvement. Email Liam Morcroft to set up delivery or explore past editions on the AWO NTZ on your iPhone or Android mobile app.
AWO Fall Convention: Book Your Hotel Room by September 12. Planning to attend the AWO Fall Convention and Board of Directors Meeting? Reserve your hotel room by September 12 to take advantage of the AWO room block before it closes. Be sure to register for the Fall Convention today!
AWO PAC and Inside Elections. AWO PAC has partnered with Inside Elections for another special edition, featuring insights on the fallout from a host of competitive primaries in Florida, updates on dozens of House, Senate, and governor races around the country, and new rating changes in eight House districts as the general election is less than two months away.
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.