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Stating that the overlapping patchwork of federal and state regulations for vessel discharges is confusing and costly for vessel owners and mariners, counterproductive to the goal of enhanced environmental protection, and forces federal and state agencies to expend time and taxpayer money on duplicate efforts, Tom Allegretti, AWO President & CEO, testified before the U.S. House of Representatives’ Coast Guard and Maritime Transportation Subcommittee on March 4 to urge the Subcommittee to “establish a single national framework for the regulation of vessel discharges in which vessel owners are subject to one set of scientifically based, environmentally protective, and technologically achievable vessel discharges rules.” Two days later, Sens. Mark Begich (D- AK) and Marco Rubio (R-FL), chairman and ranking member, respectively, of the Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard of the Senate Commerce Committee, introduced the Vessel Incidental Discharges Act (VIDA) of 2014 with 20 bipartisan cosponsors. The strong support for Senate introduction of the bill, which would put in place a uniform national standard for the regulation of ballast water and other vessel discharges, is a significant step forward in the effort to enact legislation essential to ending the existing confusing, costly and ineffective patchwork of state and federal rules. Vessel Discharges Bill Introduced in Senate In a March 7 press release, AWO expressed the industry’s gratitude to Sens. Begich and Rubio for their leadership in introducing VIDA. “AWO members applaud their leadership in growing such robust, bipartisan support and ensuring that their Senate colleagues understand the bill’s importance,” Mr. Allegretti said, adding, “The significance of this bill, and the strong Senate support behind it, cannot be overstated,” Mr. Allegretti said. “There is a critical need to enact legislation that protects our nation’s waterways while improving the efficiency and effectiveness of marine transportation. This bill accomplishes those objectives.” “Our nation’s mariners and vessel operators face an extremely challenging compliance burden with two federal agencies and 25 states all regulating the 801 North Quincy Street, Suite 200, Arlington, Virginia 22203 Phone: (703) 841-9300 Fax: (703) 841-0389 www.americanwaterways.com ISSN1536-3910 U.S. Towing Industry Position Advances at IMO Subcommittee...........4 TSAC Approves Final Report on AIS Encoding...................................4 Sens. Menendez, Booker Release Statement on New Jersey’s Salt Shortage...............................................5 Blumenthal Takes Chair of Senate Subcommittee with Jones Act Jurisdiction............................................5 VOLUME 71, NO. 5 • MARCH 11, 2014 Need for Uniform Vessel Discharge Framework Takes Center Stage HIGHLIGHTS IN THIS ISSUE AWO Testifies on Need for a Single National Framework for the Regulation of Vessel Discharges; Sens. Begich and Rubio Introduce VIDA Bill (continued on page 2) AWO President & CEO Tom Allegretti testified before the House Coast Guard and Maritime Transportation Subcommittee at a March 4 hearing on maritime transportation regulations.

Transcript of ISSN1536-3910 Need for Uniform Vessel Discharge … Congress can fix this ... Jennifer Carpenter or...

Page 1: ISSN1536-3910 Need for Uniform Vessel Discharge … Congress can fix this ... Jennifer Carpenter or Craig Montesano at (703) 841-9300, extensions 260 and 297, respectively, or jcarpenter@vesselalliance.com

Stating that the overlapping patchwork offederal and state regulations for vesseldischarges is confusing and costly forvessel owners and mariners,counterproductive to the goal of enhancedenvironmental protection, and forcesfederal and state agencies to expend timeand taxpayer money on duplicate efforts,Tom Allegretti, AWO President & CEO,testified before the U.S. House ofRepresentatives’ Coast Guard andMaritime Transportation Subcommitteeon March 4 to urge the Subcommittee to“establish a single national framework forthe regulation of vessel discharges inwhich vessel owners are subject to oneset of scientifically based,environmentally protective, andtechnologically achievable vesseldischarges rules.”

Two days later, Sens. Mark Begich (D-AK) and Marco Rubio (R-FL), chairmanand ranking member, respectively, of theSubcommittee on Oceans, Atmosphere,Fisheries and Coast Guard of the Senate

Commerce Committee, introduced theVessel Incidental Discharges Act (VIDA)of 2014 with 20 bipartisan cosponsors.The strong support for Senateintroduction of the bill, which would putin place a uniform national standard forthe regulation of ballast water and othervessel discharges, is a significant stepforward in the effort to enact legislationessential to ending the existing confusing,costly and ineffective patchwork of stateand federal rules.

Vessel Discharges BillIntroduced in Senate

In a March 7 press release, AWOexpressed the industry’s gratitude to Sens.Begich and Rubio for their leadership in

introducing VIDA. “AWO membersapplaud their leadership in growing suchrobust, bipartisan support and ensuringthat their Senate colleagues understandthe bill’s importance,” Mr. Allegretti said,adding, “The significance of this bill, andthe strong Senate support behind it,cannot be overstated,” Mr. Allegretti said.“There is a critical need to enactlegislation that protects our nation’swaterways while improving the efficiencyand effectiveness of marinetransportation. This bill accomplishesthose objectives.”

“Our nation’s mariners and vesseloperators face an extremely challengingcompliance burden with two federalagencies and 25 states all regulating the

801 North Quincy Street, Suite 200, Arlington, Virginia 22203

Phone: (703) 841-9300Fax: (703) 841-0389

www.americanwaterways.comISSN1536-3910

U.S. Towing Industry Position Advances at IMO Subcommittee...........4

TSAC Approves Final Report on AIS Encoding...................................4

Sens. Menendez, Booker Release Statement on New Jersey’s Salt Shortage...............................................5

Blumenthal Takes Chair of Senate Subcommittee with Jones Act Jurisdiction............................................5

VOLUME 71, NO. 5 • MARCH 11, 2014

Need for Uniform Vessel DischargeFramework Takes Center Stage

HIGHLIGHTS IN THIS ISSUE

AWO Testifies on Need for a Single National Framework for the Regulationof Vessel Discharges; Sens. Begich and Rubio Introduce VIDA Bill

(continued on page 2)

AWO President & CEO Tom Allegretti testified before the House Coast Guardand Maritime Transportation Subcommittee at a March 4 hearing on maritimetransportation regulations.

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same vessel discharges in overlappingand inconsistent ways,” Mr. Allegretticontinued. “Introduction of this billwith more than one-fifth of the Senateas cosponsors is a clear indication thatthere is a real need for legislation tocorrect a broken regulatory regime thatis just not working.”

Sens. Kelly Ayotte (R-NH), Roy Blunt(R-MO), John Boozman (R-AR), BobCasey (D-PA), Thad Cochran (R-MS),Susan Collins (R-ME), Mazie Hirono(D-HI), Mary Landrieu (D-LA), ClaireMcCaskill (D-MO), Edward Markey(D-MA), Lisa Murkowski (R-AK), BillNelson (D-FL), Mark Pryor (D-AR),Jay Rockefeller (D-WV), Brian Schatz(D-HI), John Thune (R-SD), PatrickToomey (R-PA), David Vitter (R-LA),Elizabeth Warren (D-MA) and RogerWicker (R-MS) joined Sens. Begichand Rubio as original cosponsors ofthe legislation. AWO is pressing aheadwith lobbying efforts to garneradditional cosponsors.

“Establishing a uniform nationalstandard for vessel dischargeregulation is one of our industry’s toplegislative priorities and sound nationalpolicy,” Mr. Allegretti concluded. “Welook forward to working with the bill’ssponsors to ensure that it can bequickly considered by the full Senateand move one step closer to beingenacted into law.”

The bill has been referred to the SenateCommerce, Science and TransportationCommittee for legislative action. Thechairman and ranking member of thatcommittee, Sens. John Rockefeller (D-WV) and John Thune (R-SD), arecosponsors of the bill.

For more information on VIDA, pleasecontact Craig Montesano at (703) 841-

9300, extension 297, [email protected].

Allegretti Testifies at HouseSubcommittee Hearing

Mr. Allegretti pressed the case forHouse action on vessel dischargereform legislation at the House CoastGuard Subcommittee hearing on the eveof VIDA introduction in the Senate.Explaining to lawmakers that the U.S.Coast Guard and the U.S. Environ-mental Protection Agency regulateballast water and other vesseldischarges under two differing statutoryauthorities—and, because neitherfederal statute preempts state action,more than two dozen states haveestablished their own state-specificrequirements for many of those samedischarges—Mr. Allegretti stated, “Thissituation is untenable, it is unnecessary,and bipartisan Congressional leadershipis badly needed to fix it.” To watch thehearing, click here.

As an example, Mr. Allegrettidisplayed a graphic to illustrate thefederal and state requirements imposedon a tug-barge unit transporting crudeoil from Puget Sound, WA, to the Portof Richmond, CA (see graphic, page3). This situation is unnecessary, heexplained, because “[o]ver the pastthree years, there has emerged anational scientific consensus about thecapability of currently available ballastwater treatment technology. Scientificexperts, the Coast Guard, EPA, and thestates—all of the states—are now inagreement on the ballast watertreatment standard that is achievablewith current technology.”

Mr. Allegretti stated that despite thisagreement, “federal and state

regulators have been unable toeliminate overlap and inconsistencybetween their regulations. This isbecause they are accountable todifferent statutory authorities whichthey believe limit their flexibility toact.” Only Congress can fix thisproblem, Mr. Allegretti concluded, bypassing legislation to establish auniform federal framework for vesseldischarges regulation that “providesvessel owners with the certainty thatmulti-million dollar investments inballast water treatment technology willbe acceptable wherever that vesselcalls” and “save[s] the Americantaxpayer the wasteful expense createdby duplication of effort among federaland state agencies that will never beable to harmonize their regulationsfully unless the statutory frameworkunder which they operate is changed.”

Rep. Frank LoBiondo (R-NJ), whochaired the hearing in the absence ofsubcommittee Chairman Duncan Hunter(R-CA), asserted that “the situation isridiculous. It is completely unreasonableto ask vessel operators to comply withtwo federal standards and as many as 25different, contradictory, andunachievable state standards.” Rep.LoBiondo stated that he “looks forwardto working with my colleagues in theHouse and Senate on bipartisanlegislation to establish a uniformnational ballast water dischargestandard.”

The hearing featured two panels ofgovernment and industry witnesses.Subcommittee Ranking Member JohnGaramendi (D-CA) asked RDMLJoseph Servidio, AssistantCommandant for Prevention Policy forthe U.S. Coast Guard, and Michael

BREAKING NEWS

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BREAKING NEWS

Shapiro, Principal Deputy AssistantAdministrator for Water at EPA, toexplain the differences in their statutoryauthorities that have made theirregulations difficult to reconcile. “TheCoast Guard works under the NationalInvasive Species Act and the EPA isworking under the Clean Water Act,and those are very different statuteswith different requirements, with

different state requirements,” RDMLServidio noted. Going forward, theadmiral continued, “I think we can lookto coordinate [Coast Guard and EPAballast water treatment technologyrequirements], but again, the heart ofthe issue is the [National] InvasiveSpecies Act is different than the CleanWater Act, and even though we mightbe able to address something short-

term, I am not sure, long-term” whethercomplete harmonization is possible.

Kathy Metcalf, Director of MaritimeAffairs, Chamber of Shipping ofAmerica, testified to a differencebetween the Coast Guard and EPAregulations that has adversely affectedthe international shipping community,whereby the Coast Guard allows vesselowners to request extensions to ballastwater treatment system installationdeadlines if type-approved systems areunavailable but EPA does not. Mr.Shapiro acknowledged that “there aredifferences in the way our laws arestructured which, in this particularcase, give EPA somewhat lessflexibility than the Coast Guard inaddressing the current unavailability oftype-approved systems.”

Other witnesses testifying before theSubcommittee included: ChrisGrundler, EPA Office of Transportationand Air Quality; James Roussos,LaMonica Fine Food LLC; and RodJones, The CSL Group, Inc.

The hearing was the second in a two-part series exploring maritimetransportation regulations and theirimpacts on safety, security, jobs, andthe environment. As reported in theSeptember 16 AWO Letter, Mr.Allegretti testified at the first hearingon September 10, 2013, to urge theSubcommittee to help ensure theprompt publication of the towingvessel inspection rule.

For more information, please contactJennifer Carpenter or Craig Montesanoat (703) 841-9300, extensions 260 and297, respectively, [email protected] [email protected].

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4 March 11, 2014

AGENCY ACTIONS

On March 4, President Obama officially nominated VADM Paul F. Zukunft to bethe 25th Commandant of the U.S. Coast Guard. VADM Zukunft, who currentlyserves as Commander-Pacific Area, will relieve the current Commandant, ADMRobert Papp, on May 30. VADM Zukunft is a 37-year veteran of the CoastGuard and has held various leadership roles, including the coordination of thefederal response to the 2010 Deepwater Horizon Spill. U.S. Senate confirmationof his appointment is expected this spring.

Additionally, on March 1, the Coast Guard released the slate of new flagassignments and senior executive service assignments. Among other changes,RDML (select) Paul Thomas will succeed RDML Joseph Servidio as AssistantCommandant for Prevention Policy as RDML Servidio assumes command of theCoast Guard’s Eleventh District this summer. RDML (select) Peter Gautier willtake on the post of Assistant Commandant for Governmental and Public Affairs,succeeding RDML Steve Poulin, who will become Judge Advocate General ofthe Coast Guard. RDML (select) Linda Fagan will assume command of the FirstCoast Guard District.

Appointments for the three-star positions, including Vice Commandant, DeputyCommandant for Operations, Deputy Commandant for Mission Support, andAtlantic and Pacific Areas are pending.

VADM Zukunft Nominated as NextCommandant, New USCG Flag OfficerAssignments Announced

U.S. TowingIndustry PositionAdvances at IMOSubcommittee On February 19, the HumanElement, Training andWatchkeeping Subcommittee ofthe International MaritimeOrganization opted not to developguidelines for personnel involvedwith tugboat and bargeoperations. In a major victory forthe Coast Guard-led U.S.delegation, the Subcommitteedecided to drop a proposal offeredlast year by the Republic of Koreaand Malaysia which called fornew training guidance to bedeveloped for tugboat and bargepersonnel within the context ofthe International Convention onStandards of Training,Certification and Watchkeepingfor Seafarers (STCW). AWOopposed this proposal,commenting to the Coast Guardon the proposal’s redundanciesand noting that sufficient trainingand personnel requirements arealready in place in existinginternational agreements.

The U.S. delegation was led byCAPT John Mauger, Chief of theOffice of Design and EngineeringStandards at Coast Guardheadquarters. AWO and theMerchant Marine PersonnelAdvisory Committee were ablyrepresented by Ira Douglass,Crowley Maritime Corporation.

For more information, pleasecontact Kevin Dowling at (703)841-9300, extension 264, [email protected].

On February 25, the Towing Safety Advisory Committee unanimously approvedthe TSAC subcommittee report on AIS encoding for towing vessels. TSAC votedto accept this tasking in January 2013, in response to January 2012 guidancefrom the Coast Guard asking vessel operators to input 4-digit destination codesinto their AIS to indicate the origin and destination of their voyage. At the timethe guidance was published, AWO expressed concern that the complex codingstructure, which includes unique identifiers for 39,000 different locations in theUnited States, was time consuming and distracting and could be detrimental tomaritime safety. TSAC was tasked to make recommendations for improving theefficiency and clarity of AIS reporting. TSAC member Capt. Dan Nutt, KirbyOffshore Marine, LLC, chaired the subcommittee.

The TSAC report recommends that AIS data fields be simplified by requiringonly a single identifier for towing vessels; that the Coast Guard reduce thenumber of AIS data fields that require regular changes by the vessel operator;and, that the Coast Guard not require AIS to be used as a “single-point”reporting system for additional information such as destination, estimated time ofarrival, and cargo in tow.

To read the final report, click here. For more information, please contact BrianVahey at (703) 841-9300, extension 251, or [email protected].

TSAC Approves Final Report on AIS Encoding

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On February 25, New Jersey SenatorsRobert Menendez and Cory Bookerissued a joint press statement (below)which stressed that the "reckless" callsto abandon the Jones Act in the wakeof the state's salt shortage were short-sighted. The senators expressed strongsupport for the Jones Act, noting thatthe law "was designed to supportAmerica's strong shipping industry,while ensuring our country's readinessto defend itself against a nationalsecurity threat. The lesson learned hereshould not be to repeal or blame theJones Act, but to work in partnershipto achieve a common goal.

“We are pleased to hear that the firstshipment of rock salt arrived at PortNewark last night. When we firstheard about the emergent nature of theState’s salt shortage in media reports,we immediately contacted theappropriate federal agencies on behalfof the health, safety and well-being ofNew Jersey residents seeking help inexpediting procurement and delivery ofmuch needed rock salt.

“What has become clear is that theState Department of Transportation hasfallen short in planning for andaddressing its dwindling salt supply.There were numerous opportunities to

enlist our help, including at least onedirect conversation with CommissionerSimpson, in which the apparent saltcrisis wasn’t even mentioned. In theface of an emergency, citizens of NewJersey expect its officials to doeverything possible to protect thepublic from potential harm and in thiscase, the State has fallen short.

“It is our understanding that NJDOT’srequest to waive the Jones Act wasdenied because it was determined thatAmerican vessels were readily availableto transport the salt from Maine to NewJersey, a development we were glad tohelp facilitate and expedite.

“We stand ready to act and to advocatefor our fellow New Jerseyans at thefederal level, but can only do so whenwe are informed of a potential issue. Itdoesn’t matter if it’s John Q. Public, alocal mayor or in this case, the State.Had offers for help not been ignored,we could have worked in partnership,provided appropriate guidance on thebest way to achieve their intendedgoal, and most likely avoided thisunnecessary situation.

“We would caution those who wouldrecklessly call for the abolition of theJones Act, which has served for nearlya century to protect our national andeconomic security. The MerchantMarine Act of 1920—which prohibitsuse of a foreign-flagged vessel fortransporting goods between U.S.ports—was designed to supportAmerica’s strong shipping industry,while ensuring our country’s readinessto defend itself against a nationalsecurity threat.

“The lesson learned here should not beto repeal or blame the Jones Act, but towork in partnership to achieve acommon goal. The State’s poorplanning should not become NewJersey residents’ emergency.”

Sens. Menendez, Booker Release Statement on New Jersey’s Salt Shortage,State Strong Support for Jones Act while Criticizing NJ DOT's Poor Planning

March 11, 2014 5

AGENCY ACTIONS/LEGISLATIVE NEWS

On February 28, Sen. Jay Rockefeller (D-WV), Chairman of the SenateCommittee on Commerce, Science and Transportation, announced theappointment of Sen. Richard Blumenthal (D-CT) as chairman of theSubcommittee on Surface Transportation and Merchant MarineInfrastructure, Safety and Security. This subcommittee has jurisdiction overthe Jones Act and other critical maritime policy. Sen. Roy Blunt (R-MO)will continue to serve as ranking member. Outgoing subcommitteeChairman Sen. Mark Warner (D-VA) left his post for a seat on the SenateFinance Committee.

Blumenthal Takes Chair of SenateSubcommittee with Jones Act Jurisdiction

The U.S. Coast Guard announced that the agency has restarted five-yearreviews of non-tank vessel response plans as of March 3. Owners andoperators of non-tank vessels over 400 gross tons carrying oil as fuel wererequired to submit their plans to the Coast Guard by January 30 in order tocontinue operating.

Owners or operators who have already received five-year approval fortheir new NTVRP will not be affected by the Coast Guard announcement.Plan holders who received Interim Operating Authorization notices canexpect to receive a full plan review by the end of July.

For more information, please contact Brian Bennett at (703) 841-9300,extension 279, or [email protected].

Non-Tank Vessel Response Plan Five-Year Reviews Restarted March 3

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6 March 11, 2014

REGIONAL REPORTS

On January 17, Washington StateRepresentative Drew Hansen (D-23)introduced HB 2457, legislation in theWashington State House ofRepresentatives which, along withother measures, levied a tax of $3 perfoot on commercial vessels to raiserevenue for the state’s Derelict VesselRemoval Account. In the monthsleading up to the bill’s introduction,AWO members and provided guidanceto lawmakers on transfer limitationsand insurance provisions that wouldreduce the likelihood of a vessel ever

becoming derelict. While many ofthese measures were incorporated intothe bill, the proposed fee provisionremained problematic.

Several recent high-profile derelictvessel removal projects in Washingtonhave garnered national attention,including the former U.S. NavyLiberty Ship Davy Crockett, whichtook seven months to remove from theColumbia River at a cost of nearly $20million, and the F/V Deep Sea, whichsank and caused an oil spill at the siteof the country’s largest and oldest

mussel farm in Penn Cove. Thesecases and others have severelydepleted the Derelict Vessel RemovalAccount and have raised concernsamong both state and federallegislators that the 153 remainingderelicts in Washington waters pose athreat to navigation and theenvironment.

Current funding for the Derelict VesselRemoval Program comes from anannual $3 registration fee paid by eachrecreational vessel owner uponregistration. HB 2457 seeks to increasefunding by targeting commercialoperators. On February 17, HB 2457passed the Washington House ofRepresentatives by a vote of 88-9 andmoved to the Senate for consideration.

On February 25, AWO testified inopposition to the bill before the SenateNatural Resources and ParksCommittee, stating that the fee wasexcessive and unfairly targetedresponsible upstream commercialvessel operators. On February 28, HB2457 was amended to reduce the feefrom $3 per foot to $1 per foot forcommercial vessels and was passed outof the Natural Resources and ParksCommittee to the Senate RulesCommittee, where it remains at thetime of publication.

AWO will continue to work to reducethe fee and minimize its impact onmembers in Washington State. Thefinal day of the Washington Statelegislative session is currentlyscheduled for March 13. For moreinformation, please contact CharlieCostanzo at (206) 257-4723 [email protected].

Washington Derelict Vessel Bill Would ImposeNew Tax on Commercial Operators, AWO Testifies

Pacific Region

On March 13, the International Shipmasters’ Association and the U.S.Coast Guard Marine Safety Unit Chicago will host the Chicago MaritimeIndustry Day 2014 to provide firsthand, pertinent information on maritimeinterests in the Chicago area. The event brings together federal, state andmunicipal agencies that have jurisdiction over the waters in and aroundChicago. The agenda has a towing vessel breakout session that willinclude:

An update from the Coast Guard Towing Vessel National Center of•Expertise on towing vessel inspection implementation;

An update on implementation of the International Convention on•Standards of Training, Certification and Watchkeeping for Seafarers(STCW); and,

Chicago Harbor Safety Committee objectives.•

The event also includes an update from the U.S. Army Corps of Engineerson GLMRIS and Transportation Identification Credential readerdemonstrations. To view the full program, click here.

Chicago Maritime Day is March 13Midcontinent Office

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REGIONAL REPORTS

On February 18, the Washington Department of Ecologyand several other State agencies introduced a draft petitionto the U.S. Environmental Protection Agency to make PugetSound a No-Discharge Zone for all vessels. The draftpetition is open for public comment until April 21, at whichtime the Department of Ecology expects to refer the petitionto the EPA for final review. If EPA approves the petition inits current form, vessel operators in Puget Sound would nolonger be able to use federally-approved Type II MarineSanitation Devices and would be required to retrofit theirvessels with sewage holding tanks at their first dry dockmaintenance event or no more than three years from theeffective date of the NDZ.

AWO strongly opposes the creation of a Puget Sound NDZand AWO staff and members in the Puget Sound area havebeen engaging with Washington regulators on the issue forover a year. Throughout this engagement process, regulatorshave been unable to show that commercial vesselscontribute to water quality impairment in Puget Sound.Commercial marine traffic is virtually absent from the areasof greatest water quality impairment on the Department ofEcology’s own map for compiled water quality data.

Additionally, there arecurrently no shore-side pumpout facilities available tocommercial towing vesseloperators in Puget Sound andthe department has made noprovisions to develop thiscapacity.

AWO has aligned with recreational boaters, commercialfishing interests, major ports, passenger vessel operators,maritime labor unions, area shipyards and other marinebusinesses to oppose the creation of the Puget Sound NDZ.Despite this opposition, AWO recognizes the importance ofenvironmental stewardship as an industry responsibility andsupports high standards for water quality. AWO’s oppositionis rooted in a firm belief that the proposed NDZ will dovery little to improve water quality in Puget Sound. Throughadvocacy and education, AWO and its coalition partners willseek to reform this well-intentioned but ultimatelymisguided proposal. For more information, please contactCharlie Costanzo at (206) 257-4723 [email protected].

Washington State Department ofEcology Introduces NDZ Petition

Pacific Region

On February 26, the Coast Guard’s First District publishedthe final Buzzards Bay Regulated Navigation AreaEnvironmental Assessment. The release of the EA will allowlitigation of unconstitutional Massachusetts lawsestablishing tug escort and pilotage requirements for vesselsoperating in Buzzards Bay to resume. The RNA wasoriginally published in 2007.

A 2003 Massachusetts state law regulating vessel navigationwas found unconstitutional in 2010 by the U.S. DistrictCourt for the District of Massachusetts. The court found thatthe Coast Guard’s authority to regulate interstate commerceby establishing an RNA preempts a state’s authority to doso. Upon appeal, the U.S. Court of Appeals for the FirstCircuit found that the Coast Guard had erred inpromulgating the 2007 RNA by not conducting an EA asrequired by the National Environmental Policy Act. The

Court ordered the Coast Guard to correct this infirmity byconducting an EA before resuming litigation.

The EA analyzes the environmental benefits and economiccosts of implementing the 2007 RNA compared with otherproposed alternatives for environmental protection inBuzzards Bay. As expected, the EA concludes that the CoastGuard’s 2007 RNA appropriately regulates vessel operationsand provides adequate environmental protection in BuzzardsBay. The release of the EA will allow litigation againstunconstitutional Massachusetts state laws to resume.

The final EA of the 2007 RNA in Buzzards Bay can beaccessed by clicking here. For more information about thestatus of industry litigation in Massachusetts, please contactJohn Harms at (703) 841-9300, extension 292, [email protected].

Buzzards Bay Environmental Assessment Released Atlantic Region

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8 March 11, 2014

ASSOCIATION NEWS

The Pacific Region of AWO held itsAnnual Meeting on February 19-20 atthe Four Seasons Hotel in Seattle. Themeeting drew a wide attendance fromcarrier members, affiliates and friendsof the industry, including keynotespeakers Commissioner StephanieBowman of the Port of Seattle andSteve Sewell, Maritime Sector Leadfor the Washington State Departmentof Commerce. Mr. Sewell addressedthe members-only Discussion Session,which also welcomed guest speakerMike Moore of the Pacific MerchantShipping Association, an AWOstrategic partner. Several localCongressional offices, federal agencyrepresentatives and trade pressjournalists also joined the AWOmembership for a wide-rangingdiscussion of critical issues for thetugboat, towboat and barge industry.

The meeting began on the afternoon ofFebruary 19 when AWO members andfriends gathered for the BusinessSession led by Pacific RegionChairman Dan Nutt, Kirby OffshoreMarine, LLC. After brief openingremarks from Capt. Nutt, AWOChairman Buckley McAllisterdelivered a report on AWO progress inthe areas of safety, advocacy, andpublic affairs. The group then heardfrom Port of Seattle CommissionerStephanie Bowman, who discussedvital issues of port competitiveness andthe importance of integrating theadvocacy efforts of all sectors of themaritime industry. Charles Costanzo ofAWO followed CommissionerBowman with a report that addressed abusy legislative season in the PacificRegion and provided status reports ona series of regulatory initiatives in thePacific Region, including an extensivediscussion of the proposed PugetSound No-Discharge Zone.

AWO members also heardfrom outgoing SectorPuget Sound Commanderand Captain of the PortCAPT Scott Ferguson,U.S. Coast Guard. CAPTFerguson, who has workedwith AWO at Coast Guardheadquarters and on both coasts andhas been a trusted partner for thetowing industry, will be retiring fromthe Coast Guard and transitioning to afull-time position with the WashingtonDepartment of Ecology. AWOcongratulated CAPT Ferguson on hisretirement and stated that the industrylooks forward to working together toprevent marine oil spills inWashington.

Members also approved the slate ofdirectors representing the PacificRegion as presented by the PacificRegion Nominating committee. Theslate, which will be presented forapproval at the Annual AWOMembership Meeting in April,includes: Bruce Reed, Tidewater Barge Lines, Inc; Susan Hayman, Foss Maritime Company; Rich Smith,Westar Marine Services; and ShawnBennett, Baydelta Maritime. JeffBrowning, Sause Bros., wasnominated as the alternate.

The Business Meeting concluded with afarewell to former Pacific RegionChairman Dick Lauer, who will beretiring from Sause Bros. this spring.Meeting attendees were amazed to see ahigh school yearbook photo of Mr.Lauer playing basketball with Dr. JamesNaismith, who invented the game inSpringfield, Massachusetts in 1891.

For more information, please contactCharlie Costanzo at (206) 257-4723 [email protected].

AWO Pacific Region HoldsAnnual Meeting in Seattle

Pacific RegionalQuality SteeringCommittee MeetingHeld in SeattleOn February 19, the Pacific RegionalQuality Steering Committee of theAWO-Coast Guard SafetyPartnership met in Seattle to identifysafety and regulatory concerns withinthe industry, benchmark progress onspecific Committee goals andevaluate next steps for the ongoingvessel casualty Quality Action Team.

The Committee discussed two majorinternational initiatives that willsignificantly impact affected towingvessels: the Coast Guard’s recentlypublished final rule implementing theInternational Convention onStandards of Training, Certificationand Watchkeeping for Seafarers(STCW) and the IMO Polar Code.While not directly related, these tworegulations pose uniqueadministrative and logisticalchallenges for towing vesseloperators and will impactfundamental safety considerationssuch as vessel equipment, operations,and manning.

The group also addressed next stepsfor the Vessel Casualty QualityAction Team. The QAT has beenstalled for the better part of sixmonths due to the low frequency ofhigh-severity towing vessel incidentsin Coast Guard PACAREA. TheCommittee plans to revise the QATcharter in order to broaden the focusto include lower severity incidentswhich could provide leadingindicators for casualty prevention inthe area.

For more information, please contactCharlie Costanzo at (206) 257-4723or [email protected].

Pacific RegionPacific Region

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ASSOCIATION NEWS

The 2014 Spring Convention inWashington, D.C., is only a few weeksaway, taking place on April 1-3 at theMandarin Oriental Hotel. AWO is busypreparing for this important meeting,and there is much in store for theweek!

When booking your hotel and flightsfor the upcoming meeting, rememberthat the schedule has changed based onmember feedback.

The meeting will kick off on Tuesday,April 1, at 8:00 a.m. with the CommonIssues Council meeting. Members fromall sectors will gather to hear reports,updates, and guest speakers relayingvaluable information on issues thatpertain to our industry as a whole. Thisis a must-attend for all members, newand old!

All sectors are encouraged to attendthe Public Affairs Committee meetingimmediately following the CommonIssues Council. This is always anengaging meeting with take-homeapplications for every AWO member,regardless of sector, region, orposition.

The afternoon will continue withopportunities for members to gatherwith fellow sector committee membersto discuss topics of specificimportance. Agendas will be releasedsoon.

After a full day of meetings onindustry issues, the final session of theday is the Barge-In PreparatorySession, which will ensure thatmembers are prepared and ready to beeffective on Capitol Hill the following

day. Congressional staff members willbe on hand to answer your questionsabout what makes a meetingsuccessful. Consider this the pep rallyfor the big game!

And, what’s a pep rally without a littlefun? Well, we have a reception forthat! The Spring Convention Receptionwill be held on Tuesday, April 1, from5:30 – 7:00 p.m. Last year’s attendancehit almost 300, with a great showing ofCongressional and agency partners inattendance. We expect this year to beeven better. If you plan to bring a guestwith you to the reception, pleasecontact Sarah Young to reduce waittime at the registration desk.

The Annual Barge-In will take placeon Wednesday, April 2, with AWOmembers departing the hotel earlyWednesday morning with their teams,which are well-planned for maximumefficiency and impact. If you want toparticipate in the Barge-In, it is veryimportant that you register in advanceto make sure you are placed on anappropriate team. Please make sureyou are on the list of attendees here. Ifyou are not, please register today byclicking here. Whether this is your firstor your 100th time meeting withMembers of Congress, you arewelcome to participate; team leaderswill be there to guide you every step ofthe way.

Thursday morning will begin withthe 8:00 a.m. Annual MembershipMeeting, immediately followed by theBoard of Directors Meeting. There hasbeen confusion regarding who can andshould attend the meetings on

Thursday morning. Both meetings,held in concert, are vital to themembership of the organization andopen to all members, regardless ofmember category. All are encouragedto attend.

Sponsorships help make all of thesemeetings possible, and there are manyopportunities for your company tovisibly support AWO’s mission whilepromoting your company among peers.Would you consider sponsoring?

At the time of publication, the deadlinefor the guaranteed rate at the MandarinOriental had passed and the overflowrooms were full. If you would like toadd your name to the waiting list orneed suggestions for alternativearrangements, please contact SarahYoung. Don’t let the full room blockkeep you from attending!

We hope to see you in just a few shortweeks for an action-packed week ofAWO meetings! For more informationon meeting registration orsponsorships, contact Sarah Young at(703) 841-9300, extension 291, [email protected].

Same Great Convention, New and Improved Schedule2014 AWO Spring Convention