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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.

21 Feb 2024

Biden Executive Order Targets Cybersecurity at US Ports

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President Biden on Wednesday signed an Executive Order aiming to strengthen cybersecurity at U.S. ports amid growing threats to America's vital maritime supply chains.The directive bolsters the Department of Homeland Security’s authority to address maritime cyber threats, including through the creation of new standards to ensure the security of networks and systems throughout the nation’s marine transportation system (MTS), which supports $5.4 trillion in economic activity each year."Most critical infrastructure owners and operators have a list of safety regulations they have to comply with…

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.

25 Jan 2024

Japan Takes the Lead on Ammonia as Maritime Fuel

Image courtesy NYK

Late last year Japanese maritime leaders – Nippon Yusen Kabushiki Kaisha (NYK), Japan Engine Corporation, IHI Power Systems Co., and Nihon Shipyard Co., Ltd. – signed a series of contracts to buid the world's first ammonia-fueled medium gas carrier (AFMGC) equipped with Japan-make engines. The target is a completed ship by November 2026.While the project is significant, hurdles remain, namely:While development work is underway, today there is not yet a dual-fuel ammonia engine on the market…

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…

27 Nov 2023

Biden's Clean Energy Agenda Faces Mounting Headwinds

Credit: Dragon Claws/AdobeStock

Canceled offshore wind projects, imperiled solar factories, and fading demand for electric vehiclesA year after the passage of the largest climate change legislation in U.S. history, meant to touch off a boom in American clean energy development, economic realities are fraying President Joe Biden’s agenda.Soaring financing and materials costs, unreliable supply chains, delayed rulemaking in Washington and sluggish permitting have wrought havoc ranging from offshore wind developer Orsted’s project cancellations in the U.S.

22 May 2023

Time to Meet the US Mariner Shortage Head On

(Photo: Alpha Hernandez / U.S. Marine Corps)

We have a national and economic security crisis on our hands. It is time for Washington policymakers to stop dancing around the facts and looking for small fixes. The U.S. mariner shortage is real and it poses an unescapable threat not only to our ability to establish lines of communication to the U.S. warfighter, but also to our nation’s ability to project power through international trade.Two Congressional hearings held on March 28 illustrate the challenge. First, General Van Ovost…

06 Apr 2023

Interview: Jennifer Carpenter, AWO

Jennifer Carpenter (Photo: AWO)

Jennifer Carpenter has been president and CEO of The American Waterways Operators (AWO) in January 2020, but her time with the national trade association representing the inland and coastal tugboat, towboat and barge industry dates back to 1990. This month, she weighs in on top challenges and opportunities currently present in the industry, from difficult regulatory changes to the uptake of cleaner vessel technologies.What are some of the biggest and most important issues facing the tug, towboat and barge industry?Big picture, I feel like our industry has never been more relevant.

09 Jan 2023

New Rules Will Improve Duck Boat Safety

The Stretch Duck 7 sank in Table Rock Lake in Branson, Missouri, in July 2018, killing 17. (Photo: Lora Ratliff /U.S. Coast Guard)

New U.S. legislation included in the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 signed into law by President Biden in December aims to improve safety of amphibious vessels known as DUKW boats.The legislation advances NTSB recommendations for amphibious vessels known as DUKW boats and requires the U.S. Coast Guard to provide an initial response to new NTSB recommendations within 90 days.“We applaud lawmakers for their bold action to improve DUKW boat safety, something the NTSB has been concerned about for more than 20 years," said NTSB Chair Jennifer Homendy.

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…

08 Nov 2022

Wonder of the Seas Equipped with ABB's Ability Marine Braking Assistance

(Photo: Royal Caribbean)

As the world’s largest cruise ship Wonder of the Seas, departed on her maiden voyage in the beginning of March 2022, she was the first in the world to feature the new ABB Ability Marine Braking Assistance. Designed for safe and smooth emergency stops, the automatic braking system is the result of collaboration between supplier and owner, initiated at Royal Caribbean Group’s request.Following full sea trials by shipbuilder Chantiers d’Atlantique and acceptance by the owner, the…

31 Oct 2022

Congress, GAO Set Their Focus on Cargo Preference Fixes

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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…

13 Sep 2022

NVOCCs Caught in the Middle of Ocean Shipping Reform Act

NVOCCs are caught in the middle of the Ocean Shipping Reform Act of 2022 requirements for reporting demurrage and detention; FMC needs to pump the brakes and allow the industry to catch upThe Ocean Shipping Reform Act of 2022, passed by Congress without industry input and signed into law on June 16, has left the industry in a difficult position regarding how to comply with the new requirements for invoicing demurrage and detention (D&D) charges.At issue is the Container Availability Date…

19 Jul 2022

Subchapter M Phase-in Period Draws to a Close

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The U.S. Coast Guard on Tuesday marked the end of the four-year Subchapter M certificate of inspection (COI) phase-in period for U.S.-registered towing vessels. Subchapter M, the United States regulatory code dealing with towing vessels and requirements for towing vessel safety, has officially been in place since July 2016, when the U.S. Coast Guard finalized the long-awaited Sub M rulemaking. The first COIs were issued in 2018, and all of the more than 5,000 U.S. domestic towing vessels must have valid COIs on board by July 19…

17 Jun 2022

Ocean Shipping Reform Act of 2022: Long Term Fixes, But What’s in It for the Short Term?

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The Ocean Shipping Reform Act of 2022 (the Act) was signed by President Biden on Thursday, June 16, 2022. The long term fixes, which require Federal Maritime Commission rule-making, establishes additional requirements requiring the FMC to issue rules related to certain fee assessments, prohibited practices, and establishment of a shipping registry, and prohibited conduct for ocean carriers. It further authorizes the FMC under certain circumstances to issue an emergency order requiring common carriers to share information directly with shippers and rail and motor carriers.

28 Jan 2022

FMC Addresses Detention and Demurrage, and Data Initiatives

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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…

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…

24 Jun 2020

Marine Salvage and SMFF Regulations

THE GOLDEN RAY response project, although still unfinished, provides a stark example of how easily the US spill response program can get off track. U.S. Coast Guard photo by Brian McCrum

The Federal Water Pollution Control Act (FWPCA, often called the Clean Water Act), as amended by the Oil Pollution Act of 1990 (OPA 90), provides:If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore facility is of such a size or character as to be a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural resources…

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…

29 Apr 2020

FMC Issues New Guidance on Detention and Demurrage

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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…

03 Mar 2020

Sub M Progress – an Update

Credit: Paul C. Lamarre III

Subchapter M, the United States regulatory code dealing with towing vessels and requirements for towing vessel safety, has officially been in place since July 20, 2016, when the U.S. Coast Guard finalized Sub M rulemaking.Since the rules were finalized there have been a couple of important hammer dates. In spring and summer 2018 the first certificates of inspection (COI) were issued. COIs are central within the Sub M program. A vessel needs a COI to legally operate. (All vessels were required to comply with Sub M by July 20, 2018.

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…