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Proposed Rulemaking News

26 Feb 2024

Many Different Vessels but One Goal – Passenger Safety

© Olivier / Adobe Stock

Because there are so many different kinds of passenger vessels, the critical topic of passenger safety can sometimes appear as a set of niche topics, each one just distantly connected to another. After all, passengers aboard a cruise ship in the Caribbean face safety issues that are much different than a commuter going from Jersey City to Manhattan or a tourist crossing from the Mukilteo, Wash. ferry terminal to Whidbey Island or a family on a fishing vessel in Miami.Importantly, though, for passenger vessel operators, a commitment to safety is not siloed.

18 Dec 2023

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

© rrodrickbeiler / Adobe Stock

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…

31 Oct 2022

Congress, GAO Set Their Focus on Cargo Preference Fixes

© Natalia Bratslavsky / Adobe Stock

On September 14, 2022, the House Transportation & Infrastructure Committee (T&I Committee), Subcommittee on Coast Guard and Maritime Transportation, held a hearing which indicated a potential revitalization, and new enforcement regime, of U.S.-flag requirements under the Cargo Preference Act of 1954 (the CPA). The hearing occurred on the heels of a Government Accountability Office’s (GAO) report regarding the Maritime Administration’s (MARAD) lack of COA enforcement, with significant recommendations to revamp oversight by the agency to ensure a growing…

28 Jan 2022

FMC Addresses Detention and Demurrage, and Data Initiatives

© MichaelVi / Adobe Stock

The Federal Maritime Commission met in both open and closed session today to be briefed on efforts to address detention and demurrage, improve supply chain data transparency, and an ongoing investigation of Canadian government regulations that affect U.S. flag Great Lakes shipping. The Commission was also advised of the work its Area Representatives are doing at locations key to shipping around the Nation.Lucille Marvin, the Commission’s Managing Director is leading both the Vessel-Operating Common Carrier (VOCC) Audit Program and VOCC Audit Team…

07 May 2021

Choose Wisely: A Deep Dive into Domestic Passenger Vessels SMS Proposed Rulemaking

A fire aboard the 75-foot dive boat Conception killed all 33 passengers and one of the vessel’s six crew members in September 2019. (Photo: Ventura County Fire Department)

On January 15, 2021, the U.S. Coast Guard issued an Advanced Notice of Proposed Rulemaking (ANPRM) for Safety Management System (SMS) requirements in the domestic passenger vessel industry (Docket No. USCG-2020-0123). This requirement will have the largest implications on the domestic passenger vessel industry since the revisions of 46 CFR Subchapter T & K in the mid-90s. However, the question remains, is it necessary?Over the last three decades, the effectiveness and need for…

18 May 2020

USCG Seeks Comments on Tank Vessel Financial Responsibility

(FILE PHOTO: U.S. Coast Guard photo by Pamela J. Boehland)

The U.S. Coast Guard announced in the Federal Register that it is seeking public comment on a proposal to expand regulations on vessel financial responsibility for all tank vessels greater than 100 gross tons as required by statute, and to make other amendments that clarify and update reporting requirements, reflect current practice and remove unnecessary regulations.The proposed rule would ensure that the Coast Guard has current information when there are significant changes in a vessel’s operation…

14 Jul 2020

Insights: Jennifer Carpenter, AWO President & CEO

Jennifer Carpenter (Photo: AWO)

Jennifer A. Carpenter serves as President & CEO of The American Waterways Operators (AWO), the national trade association representing the inland and coastal tugboat, towboat and barge industry. Carpenter joined AWO in August 1990 and became President & CEO in January 2020. Before assuming her current position, she worked her way up the hawsepipe from Government Affairs Assistant to Executive Vice President & Chief Operating Officer, holding a series of progressively responsible positions including Manager-Regulatory Issues…

18 Feb 2020

The Federal Government’s 2020 Inland Impact

© William J. Chizek / Adobe Stock

It is often difficult to push through the federal government morass to focus on the issues that actually matter to the inland operator. While 2020 inevitably will be a contentious year in American politics, it is critical to stay focused on the items that will have direct impact on the U.S. maritime industry. From a potential new Water Resources Development Act (WRDA) bill to potential Jones Act challenges, 2020 will be an important year for inland operators to stay politically engaged.Work on WRDAJanuary marked the beginning of Congress’ work in earnest toward introducing a new WRDA bill.

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.

21 Jun 2018

Vessel Response Plans: A Primer for the US Waterfront

(U.S. Coast Guard photo by Tom Atkeson)

Congress enacted the Oil Pollution Act of 1990 (OPA 90) a mere 17 months after the disastrous oil spill following the grounding of the tanker Exxon Valdez in Prince William Sound. Among the many provisions in the voluminous bill was a detailed planning requirement. For the first time, tank vessels and facilities handling oil in bulk were required to develop extensive plans for responding to a worst case discharge of oil into waters of the United States. As regards vessels and marine-transportation-related facilities, the U.S.

27 Dec 2017

El Faro and Perceived Deficiencies in the ACP

he Marine Board’s report, which is not final until approved by the Commandant, found no single cause for this tragic event. Rather, as in most such incidents, there were numerous factors that combined in the fatal voyage of El Faro. (Photo: NTSB)

The October 1, 2015 loss of the U.S. cargo vessel El Faro along with its 33 member crew led to the convening of a Coast Guard Marine Board of Investigation charged with determining as closely as possible the cause(s) of the casualty; whether there is evidence that any failure of material was involved; whether there is evidence of misconduct, inattention to duty, negligence, or willful violation of law; and whether there is evidence that government personnel contributed to the casualty. The Marine Board released its report on October 1, 2017, the second anniversary of the casualty.

01 Aug 2017

Salvage and Marine Firefighting

© Lev Savitskiy / Adobe Stock

Salvage and marine firefighting are complex response efforts often undertaken in adverse weather and sea conditions. While no two oil spill responses are the same, the diversity of variation between any two oil spill responses is not near as great as the diversity of any two salvage and marine firefighting responses. As a result, salvage and marine firefighting response providers must plan for and anticipate a wide range of variation in what will be required to address their portion of a marine casualty. The U.S.

12 Apr 2017

Hudson River: A Battle for Anchorage Grounds Goes Viral

Bruno Bernier / Adobe Stock

Where commercial marine and safety considerations allide with recreational and other peripheral agendas, the discussion can sometimes be contentious. One such example of this reality is now playing out on the Hudson River in New York. On June 9, 2016, the U.S. Coast Guard published a three-page Federal Register notice, seeking public comments on a proposal suggesting new anchorage grounds in the Hudson River, from Yonkers to Kingston, N.Y. Officially, this was an advance notice of proposed rulemaking…

03 Oct 2016

The Advent of Subchapter M

Ian McVicker

A primer: the new rule and guidance for operators as they search for the right mix of compliance options to meet their specific and unique needs. For several years, the towing vessel industry has been waiting for final publication of the U.S. Coast Guard’s Subchapter M regulation. While some have begun to proactively comply with the expected regulation, the unknowns of the new requirements have left many standing by for a final decision. With the final regulation being released to the public and entering into force on June 20, 2016, the time to act has arrived.

25 Oct 2015

Final OTI Rules Approved

The Commission voted at its meeting 22nd October to issue a final rule on ocean transportation intermediary (OTI) licensing and financial responsibility requirements, and directed staff to prepare an advanced notice of proposed rulemaking concerning service contracts and NVOCC service arrangements. Under the new rules, OTIs will be required to renew licenses every three years through a convenient on-line portal beginning in late 2016, and an expedited hearing process will be provided for license denials, revocations, or suspensions. Revision to the OTI rules was first proposed in May of 2013 in an advance notice of proposed rulemaking, and then in October 2014 a proposed rule was issued by the Commission. The Commission received extensive comment from the industry throughout the process.

02 Oct 2015

Get Started! Benefits, Advice Abound for SMS Laggards

When industry players say “the handwriting is on the wall,” they aren’t just talking about the pending Subchapter M regulations, but also about the already existing demand for safety management systems (SMS) in general for the domestic towing industry. While the U.S. Coast Guard and Homeland Security work to finalize Subchapter M requirements, operators are already finding it harder to win bids without some level of a Towing Safety Management System (TSMS) and ensuing proof of compliance. The oil majors, Mexico and many clients already insist on adherence to safety standards, and in some cases they are aggressively conducting their own audits of contractors and reminding them to use JSAs. That has spurred companies like McAllister Towing and Transportation Co., Inc.

21 Sep 2015

OP/ED: e-logs & Saas to Transform Marine Recordkeeping

The USCG has poised e-logs and SaaS to transform U.S.-flagged shipboard recordkeeping. The United States Coast Guard frequently appears behind the times when it comes to rulemaking involving shipboard technological advances. Often, by the time the USCG has a Final Rule approved for publication in the Code of Federal Regulations, the technology which that Final Rule was expected to address has been superseded by a newer form of technology. Not so, however, with electronic recordkeeping (e-logbooks) and Software as a Service (SaaS). Currently the USCG offers the “Official Logbook 706-B” in manual form free of charge to any marine operator who requests one. The 706-B is the basic pen & ink ship’s log.

18 Feb 2015

Insights: Rear Admiral Paul F. Thomas

Rear Admiral Paul Thomas is the Assistant Commandant for Prevention Policy overseeing three Coast Guard directorates: Inspections and Compliance, Marine Transportation Systems, and Commercial Regulations and Standards. The programs include waterways management, navigation and boating safety, ports and facilities, merchant mariner credentialing, vessel documentation, marine casualty investigation, commercial vessel inspections, and port state control. A longtime specialist in Marine Safety…

08 Apr 2015

2015: An Action Year for Subchapter M

Jennifer Carpenter

For all of the predictions and prognostications that have been made over the last ten years, one thing is objectively true: the publication of Subchapter M – the U.S. Coast Guard’s long-awaited towing vessel inspection rule – is closer than it’s ever been. Yes, the road to Subchapter M has been long, but the end is in sight (really). As we approach our destination, both the Coast Guard and the tugboat, towboat, and barge industry have work to do to ensure that the way is well paved.

30 Dec 2014

USCG Proposes New Rules for Maritime Facilities Access

Notice of proposed rulemaking by U.S. On Monday, the U.S. Federal Register published a notice of proposed rulemaking by the U.S. Coast Guard (USCG) to implement section 811 of the Coast Guard Authorization Act of 2010 (Pub. L. 111-281) which would provide clear regulatory requirements for each facility owner or operator to provide seafarers associated with a vessel moored at the facility, and other individuals, access between the vessel and facility gate without unreasonable delay, and at no cost to the seafarer or other individual. Generally, transiting through a facility is the only way that a seafarer or other individual can egress to shore beyond the facility to access basic shoreside businesses and services…

06 Jan 2015

Temporary Waterside Security Zone at Boston

The Captain of the Port (COTP) Boston is establishing a temporary waterside security zone at the John Joseph Moakley Court House, Boston MA for the court proceedings of the Boston Marathon bombing suspect Dzhokhar Tsarnaev. The security zone will be effective and enforced starting on January 5, 2015 and will continue until the trial is complete, and if necessary, during the sentencing phase. This security zone encompasses all U.S. navigable waters, from surface to bottom, within 500 yards of the John Joseph Moakley United States Courthouse (Moakley Courthouse) in Boston, MA. However, the COTP hereby grants vessels permission to enter…

22 Jan 2015

USCG to Address Cruise Ship Security Regulations

Photo: Cruise Port of Miami

The U.S. The proposed rule would amend USCG regulations on cruise ship terminal security by implementing amendments that provide detailed, flexible requirements for the screening of all baggage, personal items and persons—including passengers, crew and visitors—intended for carriage on a cruise ship. The proposed regulations would standardize the security requirements of cruise ship terminals and would eliminate redundancies in current regulations that govern the security of cruise ship terminals.

22 Jan 2015

Dynamic Positioning & the Potential for USCG Regulations

POSH Xanadu is a new generation DP3 Semisubmersible Accommodation Vessel (SSAV) for PACC Offshore Services Holdings Limited (POSH). (Photo courtesy of PACC Offshore Services Holdings Limited)

Dynamic positioning is a vessel capability provided by integration of a variety of individual systems and functions to automatically maintain a vessel’s position and heading by use of the vessel’s propellers and thrusters, and has been in use, particularly in the offshore oil and gas exploration business since the 1960s. To date, use of dynamic positioning has relied on industry best practices, classification society rules, and guidance from the International Maritime Organization (IMO). If the US Coast Guard has its way, that may change soon.