Posted on October 14, 2024
AWO Welcomes Four New Members. Please join AWO in welcoming four new members:
- HF Sinclair – HF Sinclair Corporation provides traditional and renewable fuels and lubricants — plus other essential products such as asphalt, roofing tar and components for medicines and cosmetics.
- Industrial Maritime Academy – Industrial Maritime Academy Virtual Training Platform provides an immersive training experience featuring simulations of real-world scenarios and corrective actions to educate mariners through experience, without the risks of on-the-job training.
- Stabbert Marine & Industrial – Stabbert Marine & Industrial, LLC (SMI) is a full-service ship repair yard with two facilities, one in Seattle (Ballard), Washington and one in Anacortes, Washington.
- Workplace Safety Screenings – Workplace Safety Screenings provides tools and resources needed to enhance workplace safety including background screenings, 24/7 drug & alcohol testing, occupational health, injury care, DOT compliance, and compliance management.
EPA Finalizes VIDA Performance Standards; Existing Requirements Remain in Effect for Now. The Administrator of the Environmental Protection Agency has signed the final rule to establish Vessel Incidental Discharge National Standards of Performance as directed by the Vessel Incidental Discharge Act, or VIDA, which was enacted in 2018. EPA has posted a pre-publication version of the final rule on its website while we await its publication in the Federal Register. AWO shared our key takeaways in an email to members on September 24.
Although the effective date of the final rule is 30 days after Federal Register publication, the national standards of performance will not take effect until Coast Guard regulations governing the implementation, compliance, and enforcement of the standards become final, effective, and enforceable. The Coast Guard is required by VIDA to promulgate those regulations within two years. Until that time, vessels continue to be subject to the existing requirements of EPA’s 2013 Vessel General Permit and the Coast Guard’s ballast water requirements at 33 CFR Part 151 Subparts C and D.
The final rule adopts several important recommendations made by AWO during the rulemaking process. These include exemptions from ballast water and graywater treatment requirements, which will ensure the majority of AWO members are not required to install treatment systems, as well as preemption of state biofouling requirements.
If you have any questions, please reach out to Caitlyn Stewart.
Coast Guard Revises Surveillance Policy to Accept Motion-Activated Video and Audio Recordings. The update to CG-CVC Policy Letter 23-05, Change 1, to implement the surveillance requirement of the Safer Seas Act reverses the previous version of the policy, which stated that “video and audio recordings must be continuous and without interruption,” even though those terms do not appear in the law. Over the past year, and most recently in a September 23 coalition letter, AWO and our maritime industry partners argued that this is improper regulation by policy absent a rulemaking process, and further shared our concerns that this interpretation significantly escalates compliance costs and challenges for impacted vessel operators. The revised policy letter states that video and audio surveillance should be “continuous in operation,” but that data storage may be limited “to only recordings that capture human activity, whether through sound, movement, or both.” The statutory requirement for surveillance applies to seagoing vessels with overnight accommodations for at least 10 individuals. Please contact Caitlyn Stewart for more information.
Remembering Croft Register, Former AWO Atlantic Region Chairman. On September 11, Croft Register, former Vice President of Operations at Express Marine, Inc. and AWO Atlantic Region Chairman in 2016, passed away in Havlock, North Carolina. He was 66 years old. “AWO is deeply saddened by the death of our longtime friend and colleague, Croft Register, who gave so much to AWO and to our industry throughout his career,” said Jennifer Carpenter, AWO President and CEO. “Everyone who came to know Croft admired him personally and professionally. He was a leader, a gentleman and a friend.”
AB 1122 Vetoed by Governor Newsom. On September 29, California Governor Gavin Newsom vetoed AB 1122, the AWO-supported bill to make important changes to the newly amended California Air Resources Board (CARB) Commercial Harbor Craft regulation, despite the bill’s overwhelming passage by the state’s 120 legislators. The bill had been approved in five committee hearings and two chamber votes, receiving only one “no” vote. Governor Newsom also vetoed another bill addressing the Commercial Harbor Craft regulation and supported by the San Francisco Bar Pilots, as well as a bill pertaining to CARB’s regulations on bucket trucks.
While this result is deeply disappointing, it’s important to note the inroads AWO members made in our efforts to educate the legislature on the importance of the tugboat, towboat, and barge industry, which will make future advocacy efforts more effective. In the meantime, AWO will regroup and determine the best way forward, which will include further advocacy with EPA to urge the agency to deny CARB’s waiver request. Thank you to everyone who assisted in this effort; the progress we made would not have been possible without AWO member action and support.
Changes Coming to Coast Guard’s Local Notices to Mariners/Light Lists Delivery Method. The Coast Guard has announced that as part of its initiative to modernize and streamline the dissemination of essential navigation information, it will roll out a new delivery method for Local Notices to Mariners (LNMs) and Light Lists (LLs). The new delivery method was set to launch this month on the Navigation Center’s website, but has been delayed due to impacts of Hurricane Helene. AWO is in close contact with the Coast Guard and our industry partners, including navigation software providers, to ensure the transition is as seamless as possible. If you have any questions, please contact Liam Morcroft.
Coast Guard Confirms Current Chart Status for Paper Charts Printed from NOAA Custom Chart Tool. As the sunsetting of NOAA’s raster navigational charts and paper nautical charts approaches in January 2025, the Coast Guard has provided AWO with the following guidance: “Custom and corrected nautical paper chart carriage by industry is still acceptable. Current policy remains effective that NOAA Custom (paper) Chart should be of a large enough scale and have enough details to show all aids to navigation such as soundings, enable the taking of radar and/or visual fixes, and appropriate to the vessel’s draft and operating characteristics. To ensure the chart is current, the printed date of the chart should be within six months of the date of the inspection, or the owner/master of the vessel can show the charts are currently corrected. Charts and publications need only be corrected for the transit of the vessel.”
The Coast Guard has advised AWO that it anticipates publishing an interim final rule on electronic charts in March 2025, and in the meantime, it is working on updating guidance including Navigation and Vessel Inspection Circular (NVIC) 1-16. We are committed to keeping you informed and supporting both safe navigation and your compliance with chart carriage requirements. Please reach out to Liam Morcroft with any questions.
Coast Guard Warns of Unapproved Courses at Gulf Coast Maritime Academy. A Coast Guard investigation recently determined that between January 2018 and November 2023 Gulf Coast Maritime Academy in Tampa, Florida, failed to provide proper instruction in all Basic Firefighting, Basic Firefighting Refresher, Basic Firefighting Revalidation, and STCW Basic Training courses because they did not involve live firefighting.
Mariners who took the Basic Firefighting and STCW Basic Training courses will be able to retain their endorsements from these courses for a limited time. The NMC will begin contacting each affected mariner, and they will be required to either retake Basic Firefighting or a Basic Firefighting Refresher or Basic Firefighting Revalidation course by October 1, 2025 to retain their endorsements.
Mariners who took Basic Firefighting Refresher or Basic Firefighting Revalidation do not need to take any action, but the NMC will notify each individual that the course did not meet the practical requirements of Gulf Coast Maritime Academy’s original course approvals.
NMC Extends Customer Service Center Hours. To better assist mariners and the industry, the National Maritime Center (NMC) recently extended the operating hours of its Customer Service Center to 8:00am to 5:30pm (Eastern) Monday through Friday. AWO applauds this step to provide better customer service and will continue working with NMC leadership to improve processing and communications.
AWO PAC Corner
AWO PAC and Inside Elections. AWO PAC has partnered with Inside Elections for another special edition, featuring insights on the presidential, Senate, House, and gubernatorial races.
AWO PAC is the connected political action committee for The American Waterways Operators and serves as the trade association’s separate segregated fund. As a trade association, AWO is prohibited from using general treasury funds or membership dues to make federal contributions. AWO is one of the most effective advocacy associations in Washington, DC, and relies on voluntary personal contributions to fund AWO PAC.
AWO PAC supports federal candidates who are champions of the U.S. tugboat, towboat and barge industry and who are leaders on issues important to our industry. AWO PAC is dedicated to protecting AWO members’ investments in the safest, most environmentally responsible and most economical mode of freight transportation and safeguarding the integrity of the Jones Act to protect the bottom lines of our members.
AWO PAC may solicit contributions from individuals of a member company once the member representative gives AWO written prior approval.
AWO Hosts Pennsylvania Legislators, Staff on Philadelphia Tugboat Tour. Moran Towing Regional Vice President, Northeast Capt. Nathan Hauser and Moran Towing of Philadelphia hosted Reps. Ed Neilson, Kerry Benninghoff, and Perry Warren on a tug tour on the Delaware River on September 19. During the tour, AWO and Moran highlighted the importance of the maritime industry in Pennsylvania. Reps. Neilson and Benninghoff serve as Chair and Republican Chair, respectively, of the Pennsylvania House Transportation Committee. Rep. Warren serves as Chair of the Human Resources Committee. AWO thanks Moran Towing for hosting and the Representatives and their staff for participating in the tour.
AWO Participates in Sector New Orleans Navigation Risk Assessment Workshop. AWO Southern Region Vice President Jill Bessetti recently participated in the U.S. Coast Guard Sector New Orleans’ Board of Inquiry (BOI) Stakeholder Facilitation Workshop. The BOI was launched following the allision of the container ship DALI with the Francis Scott Key Bridge in Baltimore and is evaluating risks to critical port infrastructure posed by larger commercial vessels and increased traffic density in 11 major ports around the country. During the workshop, the BOI team facilitated dialogue aimed at identifying critical port infrastructure, assessing risk levels surrounding that infrastructure, and ranking the top risks. AWO members have participated in similar sessions in other ports and AWO is committed to ensuring the tugboat, towboat, and barge industry is well represented as the risk assessment process moves forward.
AWO Submits Comments on Oregon Climate Rulemaking. AWO recently submitted comments on Oregon’s Climate Protection Program rulemaking. This program would impose increasingly stringent greenhouse gas emission caps on transportation fuels and significant stationary emitters over time. While the rule would not directly regulate the towing industry, it would impact fuel suppliers and could lead to higher fuel prices and availability in Oregon. In our comments, we emphasized the relationship between our industry and fuel suppliers and the implications of limiting diesel availability. We also contend that fuel for the towing industry, like aviation fuels, should be exempted.
Corps Releases Missouri River Annual Operating Plan, Announces Public Meetings. The U.S. Army Corps of Engineers recently released the draft Annual Operating Plan for the Missouri River Mainstem Reservoir System. The draft AOP presents the Corps’ plan for the regulation of the reservoir system under numerous water supply conditions. AWO will be submitting comments on the draft AOP to urge the Corps to provide critical flows needed to support navigation on the lower Missouri River and middle Mississippi River.
Additionally, the Corps announced a series of public meetings, including one in St. Louis on October 30, to provide stakeholders an opportunity to comment on the draft AOP. Meeting times and locations can be found here. AWO encourages members who operate on the Missouri River and/or the Mississippi River to attend one of these public meetings.
Are you using the AWO Member Service Directory yet? Watch the short video to learn the benefits of using the directory, where to find it, and how to make sure your company is listed. Email Caitlin Kidd for more information.
