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CBP Finalizes Problematic Jones Act Guidance. Despite serious concerns raised by AWO, the U.S. maritime industry and at least 55 Members of Congress, on December 19 U.S. Customs and Border Protection finalized an agency decision to modify or revoke several prior ruling letters regarding the application of the Jones Act to vessel equipment and lifting operations. By revoking the “Koff Rulings,” CBP will now allow foreign-flag vessels to move laterally with merchandise while performing a lifting operation, claiming that such a movement during a lift is not transportation.
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Coast Guard Issues Safety Alert on Retractable Pilot Houses. On December 6, the Coast Guard’s Inspections and Compliance Directorate issued Marine Safety Alert 13-19, “An Important Safety Consideration – Hazards of Retractable Pilot Houses on Towboats.” The alert, which was developed in response to an unspecified marine casualty, includes recommendations for reducing the crush hazard presented by the lowering of a towing vessel’s pilot house. Retractable pilot houses are not specifically addressed in Subchapter M, but 46 CFR 140.505(b) states that "all vessel equipment is required to be used in accordance with manufacturer’s recommended practice and in a manner that minimizes risk of injury or death.”
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Coast Guard Extends Qualified Assessor Grandfathering. Assessments of a mariner’s competence for STCW license endorsements must be signed by a Coast Guard-approved Qualified Assessor (QA). QAs can either be approved individually or as part of a Coast Guard-approved course or training program. U.S. implementing regulations initially allowed for STCW assessments to be signed by non-approved QAs until December 31, 2019. In recognition of the limited number of Coast Guard-approved QAs, the Coast Guard has extended that time period until December 31, 2021.
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EPA Announces Key Regulatory Change to Facilitate Implementation of IMO 2020. Ahead of the January 1, 2020 implementation of the International Maritime Organization’s new global marine fuel limit for sulfur, EPA has announced it is revising regulations to ensure that U.S. refiners and suppliers can permissibly distribute fuel for use in ships operating outside of the North American and U.S. Caribbean Sea Emission Control Areas (ECAs). Under the new IMO limit, the international sulfur content limit for fuel used outside ECAs, currently 35,000 parts per million, will decrease to 5,000 ppm. EPA’s technical corrections will allow fuel suppliers to distribute distillate diesel fuel that complies with the 5,000 ppm international sulfur standard for ships instead of the more stringent standard that otherwise applies to distillate diesel fuel in the United States. The sulfur content limit for fuel used inside the U.S. ECAs will remain at 1,000 ppm.
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EPA Announces $44 Million in Funding to Reduce Emissions from Diesel Engines. On December 10, EPA announced the availability of approximately $44 million in Diesel Emission Reduction Act grant funding to implement projects aimed at reducing emissions from older diesel engines, including marine diesel engines. EPA is soliciting applications nationwide for projects that significantly reduce diesel emissions, including by upgrading to newer, cleaner technologies. Priority for funding will be given to fleets operating in EPA-designated poor air quality areas, projects that benefit local communities, and applicants that demonstrate the ability to continue reducing emissions after the project has ended. For more information and to access the Request for Applications, please click here.
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National Petroleum Council Releases Study on Oil and Gas Transportation Infrastructure. On December 12, the National Petroleum Council released a study examining infrastructure constraints to growing domestic oil and natural gas production. The study, titled “Dynamic Delivery: America's Evolving Oil and Natural Gas Transportation Infrastructure,” finds that existing infrastructure has been adapted to near-maximum capacity and that public and private investment in new and existing pipelines, ports, rail facilities, and inland waterways infrastructure will be essential.
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Coast Guard Considering New Anchorage Grounds in Sector Delaware Bay. The Coast Guard is considering amending regulations to establish new anchorage grounds in Sector Delaware Bay. The move comes after the agency received requests from the navigation community for additional anchorage grounds to accommodate current and future vessel traffic due to planned or potential offshore wind energy development. AWO is engaging with Atlantic Region members to inform our position. Public comments are due on January 28, 2020.
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Coast Guard to Conduct Chesapeake Bay PARS. The Coast Guard is conducting a Port Access Route Study (PARS) to determine whether existing or additional routing measures are necessary in Chesapeake Bay, VA to improve navigation safety due to factors such as planned or potential offshore development, current port capabilities and planned improvements, increased vessel traffic, weather conditions, navigational difficulty, and more. AWO encourages Atlantic Region members to submit public comments to the Coast Guard, which are due January 27, 2020. For more information, including a graphic of the PARS Study Area, click here.
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AWO Staff Promotions Announced. Incoming AWO President & CEO Jennifer Carpenter has announced several AWO staff promotions that take effect January 1, 2020:
- Carmina Smith: Senior Vice President – Operations & Administration
- Ben Lerner: Vice President – Public Affairs & Communications
- Caitlyn Stewart: Senior Director – Regulatory Affairs
- Patrick Parsons: Manager – Government Affairs
In announcing the promotions, Ms. Carpenter said, “AWO is fortunate to have such a talented, dedicated team of professionals who are deeply committed to achieving results for AWO members. It’s a pleasure to recognize four staff members – Carmina, Ben, Caitlyn, and Patrick – who are ready to take the next step in their AWO careers.” Congratulations to Carmina, Ben, Caitlyn and Patrick on their much-deserved recognition!
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Reserve Your Hotel Room for Upcoming AWO Events
Join fellow AWO members this January and February to learn from and network with industry colleagues at the upcoming Safety and Regional Meetings!
January’s Annual Safety Committees’ meeting in New Orleans will feature discussions on an array of safety topics. Click here for the information-packed Safety Meeting agenda.
In January and February, AWO Regional Meetings in New Orleans, Norfolk and Seattle will provide an opportunity for members to share their thoughts with new President & CEO Jennifer Carpenter on how AWO needs to evolve to member needs, expectations and aspirations. The meetings will also include dialogue with local Coast Guard and Army Corps of Engineers leadership and discussion on key national and regional advocacy challenges and opportunities for our industry.
For members’ convenience, AWO has arranged negotiated hotel room rates at all meeting locations. The deadlines to reserve your rooms at the group rate are coming up fast! For hotel information, please refer to the AWO event calendar or email afazzini@americanwaterways.com. We hope to see you there!
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AWO Members Complete RCP Audits. Congratulations to AccuTrans, LLC and Penobscot Bay Tractor Tug Co. on successfully completing RCP audits since the last AWO Letter was published. To view members’ RCP status, click here.
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