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Final Rule News

12 Feb 2024

MARAD’s Title XI Changes: Good News for Offshore Wind?

© Maxim Khalansky / Adobe Stock

The U.S. Department of Transportation's Maritime Administration (MARAD) in December issued a final rule updating its financial requirements for the Federal Ship Financing Program, commonly referred to as Title XI. While the move applies to the U.S. maritime industry as a whole, it is seen as especially helpful for players looking to serve the U.S. offshore wind sector.Designed to promote the growth and modernization of the U.S. merchant marine and U.S. shipyards, Title XI provides for a full faith and credit guarantee by the U.S. government. The program essentially aims to encourage U.S.

26 Jan 2024

Congressmen Urge FMC to Finalize OSRA Provisions

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Two U.S. Congressmen are urging the Federal Maritime Commission (FMC) to finalize the rule on demurrage and detention billing requirements required in their Ocean Shipping Reform Act that became law in 2022.The Ocean Shipping Reform Act was signed into law on June 16, 2022 and provides authority to the FMC to investigate ocean carriers’ business practices and apply enforcement measures following the unreasonable refusal of American exports throughout the COVID-19 pandemic.In January 2023, U.S.

18 Dec 2023

Ask What Your Government Can Do For Your Industry (A 2023 Retrospective)

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John F. Kennedy’s famous locution, “Ask not what your country can do for you, but you can do for your country” remains the rallying call for civic action and public leadership. The message remains foundational to the success of the United States, particularly as we head into an election year that once again appears to be filled with divisiveness and vitriol. That said, before we flip the calendar, it is important to set JFK’s message aside for a moment and reflect upon what our political leadership in Washington…

22 Dec 2023

MARAD Finalizes Rules for Title XI Loan Applicants and Borrowers

© Maxim Khalansky / Adobe Stock

The U.S. Department of Transportation's Maritime Administration (MARAD) issued a final rule updating its financial requirements for the Federal Ship Financing Program, commonly referred to as Title XI. The final rule provides the application requirements for MARAD loan guarantees for construction or reconstruction of a U.S.-flagged vessel or shipyard modernization. Designed to promote the growth and modernization of the U.S. merchant marine and U.S. shipyards, Title XI provides for a full faith and credit guarantee by the U.S. government.

03 Dec 2023

COP28: US Cracking Down on Methane from Oil and Gas

Credit: COP28 / Anthony Fleyhan

The Biden administration on Saturday unveiled final rules aimed at cracking down on US oil and gas industry releases of methane, part of a global plan to rein in emissions that contribute to climate change.The rules, two years in the making, were announced by US officials at the United Nations COP28 climate change conference in Dubai. The US and other nations attending the summit are expected to detail how they will achieve a 150-country pledge made two years ago to slash methane emissions by 30% from 2020 levels by 2030.Methane tends to leak into the atmosphere undetected from drill sites…

26 Oct 2023

USCG Eases Firefighting Training Requirements for Towboats

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The U.S. Coast Guard has moved to ease firefighting training requirements for towing vessels operating on America's inland waterways.The agency this week issued a final rule revising the training requirements for national Merchant Mariner Credential endorsements as master of towing vessels (limited) or mate (pilot) of towing vessels on inland and western rivers routes, excluding the Great Lakes.Consistent with recommendations from the National Merchant Marine Personnel Advisory Committee (NMERPAC) and the National Towing Safety Advisory Committee (NTSAC)…

19 Oct 2023

US EPA Proposes Changes to Ballast Water Regs

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The U.S. Environmental Protection Agency (EPA) is issuing a supplemental proposed rule to reduce the spread of invasive species though ballast water that occurs with normal operation of large marine vessels.Following public input on EPA’s 2020 proposed rule—including meetings with states, tribes and other stakeholders—the agency is now issuing a Supplemental Notice to share new data and control options raised by stakeholders. This supplemental proposal will bolster the development…

13 Sep 2023

US Coast Guard Calls for Comments on Duck Boat Rule

Source: NTSB / Brian Young

The US Coast Guard has issued an interim final rule on mandated requirements for DUKW amphibious passenger vessels and requested comments.The statutory mandate was enacted after the sinking of the Stretch Duck 7 on July 19, 2018, which resulted in the loss of 17 lives on Table Rock Lake, Missouri.More than seven hours prior to the accident, the National Weather Service had issued a severe thunderstorm watch for the area, followed by a severe thunderstorm warning a minute before the vessel departed the passenger boarding facility.

23 Dec 2022

US Coast Guard Proposes New TWIC Delay

(Photo: Renee C. Aiello / U.S. Coast Guard)

The U.S. Coast Guard announced in the Federal Register that it proposes to further delay the effective date for certain facilities affected by the final rule entitled “Transportation Worker Identification Credential (TWIC)—Reader Requirements,” published in the Federal Register on August 23, 2016.The current effective date for the final rule is May 8, 2023. The Coast Guard proposes delaying the effective date for: facilities that handle certain dangerous cargoes in bulk, but do not transfer those cargoes to or from a vessel…

31 May 2022

Filtersafe Develops New UV BWMS Filter

(Image: Filtersafe)

Filtersafe announced the launch of its new ‘MANTA’ filter series, specifically engineered for UV based ballast water management systems (BWMS).The high-performance filter is able to remove 99.6% of organisms over 50 μm to ensure that ship owners and operators will be compliant with the International Maritime Organization’s D-2 standard for the implementation of the ballast water management convention, which must be adhered to by 08 September 2024, as well as the U.S. Coast Guard’s…

19 Jan 2022

Paper to Electrons: CBP Makes a Big Move

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The U.S. Customs and Border Protection (CPB) announced December 28 that it was moving to an all-electronic filing method for Form I-418 “Passenger List – Crew List.” I-418 is required from the “master or agent of every commercial vessel arriving in the United States” (emphasis added). Now that’s a change at scale. The Form I-418 process also has a Coast Guard component, tracking everyone entering and leaving U.S. maritime ports.CPB’s change is an “interim final rule”, and the agency is seeking public comments – due February 28 – on whether the change is a good idea.

20 Dec 2021

Ecochlor Receives USCG Type Approval for Its Filterless EcoOne BWMS

Ecochlor reports that its filterless EcoOne and EcoOne Hybrid has received United States Coast Guard (USCG) Type Approval. Photo courtesy Ecocholr

Ecochlor reports that its filterless EcoOne and EcoOne Hybrid has received United States Coast Guard (USCG) Type Approval. The EcoOne BWMS has been tested extensively to ensure that it works effectively as a single-step treatment, without a filter, under all operating conditions in brackish and marine waters in accordance with the USCG, Standards for Living organisms in Ship’s Ballast Discharged Waters, Final Rule (Final Rule). The IMO Type Approval Certificate was awarded in September 2021 demonstrating compliance with one of the most recent…

20 Sep 2021

Ecochlor Submits Filterless and Hybrid BWMS for USCG Type Approval

Ecochlor has filed an application for the EcoOne Filterless and EcoOne Hybrid ballast water management systems (BWMS) with the U.S. Coast Guard (USCG) for Type Approval. Image courtesy Ecochlor

Ecochlor filed an application for the EcoOne Filterless and EcoOne Hybrid ballast water management systems (BWMS) with the U.S. Coast Guard (USCG) for Type Approval. “This application is an amendment to Ecochlor’s existing BWMS Type Approval; it is our expectation that the EcoOne and EcoOne Hybrid will receive USCG type approval certification by the end of 2021,” said Steve Candito, CEO.“Receiving IMO Type Approval and filing the application for USCG Type Approval is a significant…

26 Apr 2021

Expert Advice: New Ballast Water Guide

© Denys Yelmanov / Adobe Stock

If you and your crew are facing questions about ballast water management (BWM) and related regulatory deadlines, it would be worth your while to download a new (January 2021) “Ballast Water Management Systems User Guide,” an extensive, in-depth look at evaluating, selecting and installing a BWM system. The guide was published by MARAD and Glosten for the Ship Operations Cooperative Program (SOCP). It is geared primarily toward U.S.-flag operators in domestic and international trade.As most mariners know, BWM, overseen federally by U.S. EPA and the Coast Guard, includes a number of activities.

20 Apr 2021

US FMC Eases Service Contract Filing Requirements

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Shippers and carriers will soon have more flexibility in meeting service contract filing requirements as the result of a rule change approved by the U.S. Federal Maritime Commission (FMC) going into effect on June 2, 2021.The final rule amends existing regulations so ocean carriers will be able to file original service contracts with the commission up to 30-days after they go into effect. Current FMC regulations require the filing of initial service contracts with the FMC before…

16 Nov 2020

Implementing VIDA: The Next Step Forward

© Joe Sohm / Adobe Stock

The tugboat, towboat and barge industry has a profound impact on America’s economy, security and quality of life, safely moving over 760 million tons of vital commodities every year and annually generating over $33 billion in U.S. GDP. Those numbers are a tribute to the hardworking men and women who ply our nation’s waterways, as well as a testament to the national scope of a critical industry whose operations, and contributions, do not stop at state lines.The Department of Homeland…

29 Apr 2020

FMC Issues New Guidance on Detention and Demurrage

© Mariusz / Adobe Stock

The U.S. Federal Maritime Commission has issued new guidance about how it will assess the reasonableness of detention and demurrage regulations and practices of ocean carriers and marine terminal operators (MTOs) under 46 U.S.C. 41102(c).The final rule, “Docket No. 19-05, Interpretive Rule on Demurrage and Detention under the Shipping Act”, will become effective upon its publication in the Federal Register.Under the new interpretive rule, the Commission will consider the extent…

30 Dec 2019

The Top 10 Workboat Stories for 2019

Choosing the year’s ‘top stories’ is always a difficult task. Many compelling story threads played out, each dramatically impacting the North American waterfront, and in particular, the workboat sector – each in their own unique way.The Infrastructure Battle ContinuesThe EXECUTIVE SUMMARY H.R. 2396, the “Full Utilization of the Harbor Maintenance Trust Fund Act”, will ensure that the Harbor Maintenance Trust Fund is used for its intended purpose – maintaining Federally-authorized harbors. The legislation would allow the U.S. Army Corps of Engineers (Corps) to dredge all Federal harbors to their constructed widths and depths. Unfortunately, Washington continues in chaos with another continuing resolution on the budget; the next one expires on December 20th.

02 Dec 2019

REGULATORY REVIEW: Subchapter M

Image Credit: (Captain) Pat Folan

One Year In: Industry SME (Captain) Pat Folan weighs in from the front lines.It has been an interesting year for towing industry. As the new Subchapter M towboat rule rolled out, it didn’t take long to discover that the regulation wasn’t perfect. As stakeholders look ahead to what comes next, it is also helpful to take a look back at what went right, what didn’t, and more importantly – why.The U.S. Coast GuardThe US Coast Guard does not have the manpower to add more than 5,000 vessels to its workload.

31 Jan 2019

OP/ED: Advancing the Passenger Vessel Industry:

Gus Gaspardo, President, Padelford Packet Boat Co.

A Strategic Look Forward.It is my honor to serve as PVA’s President. My company, Padelford Packet Boat Co., Saint Paul, MN, has proudly, and actively, been a member of this organization since its inception almost 50 years ago when it was previously known as the National Association of Passenger Vessel Operators (NAPVO).While PVA is rich in history, it by no means is stuck in old ways. PVA is always evolving to mirror the ever-advancing world of passenger vessel operations. As the voice of the passenger vessel industry…

15 Oct 2018

USCG Posts Recap of Ballast Water Management & Technology Conference

Coast Guard staff present on various topics related to the ballast water program during September’s BWMTechNA in Florida. IMAGE CREDIT: USCG

Extensions, type approvals and next steps were all prominent on the agenda.September’s Ballast Water Management and Technology North America conference saw USCG staff from the Office of Operating and Environmental Standards and the Marine Safety Center giving conference attendees an update on various aspects of the Coast Guard’s ballast water program. Following is a recap of those presentations for our readers who were unable to attend:Ms. Regina Bergner and Mr. Matthew Reudelhuber with the Office of Operating and Environmental Standards, and Lt.

20 Sep 2018

US Coast Guard Publishes Final Ballast Water Management Reporting Requirement

© tempakul / Adobe Stock

A Final Rule eliminating the requirement for certain vessels that operate on voyages exclusively within a single Captain of the Port Zone to submit an Annual Ballast Water Summary Report for calendar year 2018 has been published.The Coast Guard views this current reporting requirement as unnecessary in order to analyze and understand ballast water management practices. This final rule will reduce the administrative burden on this regulated population of U.S. non-recreational vessels equipped with ballast tanks. The final rule is effective Oct. 1, 2018.

19 Jul 2018

New Rule Creates Flexibilities for NVOCC Agreements

© Jelle van der Wolf / Adobe Stock

A Final Rule published today by the U.S. Federal Maritime Commission (FMC) offering deregulatory flexibilities for non-vessel-operating common carrier (NVOCC) negotiated rate arrangements (NRAs) and NVOCC service arrangements (NSAs) will go into force on August 22, 2018.The key changes to NRAs allow them to be amended at any time; allow the inclusion of non-rate economic terms; and, allow an NVOCC to provide for shipper’s acceptance of the NRA by booking a shipment. NSAs will…

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