Page 42: of Marine News Magazine (September 2017)

41 43

SPECIAL REPORT ward Kelly, Executive Director, Mari- A Closer Look: wants a legislative ? x, urging Congress time Association of the Port of New Sub-M: The shorthand phrase ref- to pass S. 168/HR 1154, the Com-

York/New Jersey. The (unprioritized) erencing Subchapter M of the Code mercial Vessel Incidental Discharge list looks something like this: of Federal Regulations (CFR) dealing Act (CVIDA), in 2017. These bills with towing vessels; more speci? cally, establish a uniform federal regulatory

Subchapter M Jones inspection, standards, and safety man- framework for ballast water and other implementation Act agement. Final rule issued July, 2016. vessel discharges. AWO calls these

Existing vessels need to meet most re- bills “the U.S. maritime industry’s

Ballast Water TWIC quirements by July, 2018. New vessels highest legislative priority in 2017.”

Treatment (keel laid/major conversion after July Jones Act / Coastwise Trade: This 20, 2017) must meet all requirements issue arose (again) in January. The and obtain a certi? cate of inspection Customs and Border Patrol (CPB) pro-

Dredging & Air

Infrastructure Emissions before entering service. Sub M stems posed changes to reverse then-current from legislation passed in 2004. The practices allowing non-US based ves- maritime community was active dur- sels to transport cargo between US

Anchorages & Offshore

Safety Zones Energy ing regulatory development. In gener- ports, or, put another way, the change al, maritime experts are okay with the would only allow U.S. based vessels to ? nal rule. However, concerns remain carry this cargo. This proposal stirred

Local Zoning / State about actually implementing Sub M’s up some discussion. In May, CPB

Land use Regulations demands. AWO’s Allegretti says the backpedaled; writing that based on law’s broad scope presents many dif? - “substantive comments” received “we culties, from personnel to equipment conclude that the Agency’s notice of to operations. Kelly, with the Mari- proposed modi? cation and revocation time Association, said implementa- of the various ruling letters relating to tion will be expensive and dif? cult. the Jones Act should be reconsidered.”

He said the Big Guys will be okay be- That’s where the matter dropped, and cause they have money and technical that’s where it stands, without further know-how. Smaller operators could development, one way or the other. But struggle, cutting corners or, worse, is the topic still active inside the secret going out of business. walls? No answer on that from CPB

Ballast Water Treatment: Ballast staff. It would be an understatement regulations were to go live in 2017. In to say that attacks on all aspects of the

March, the Coast Guard updated the Jones Act – most recently from U.S. extension program for vessels not yet Senator John McCain – have become able to comply. But, those extensions more numerous and robust in their ap- will be increasingly dif? cult to obtain, plication. Look for this to continue.

especially since (as this magazine goes Transportation Worker Identi? ca- to press) ? ve BWTS systems now have tion Credential (TWIC): TWIC was

Coast Guard approval with a slew of reformed in 2012. However, imple- other knowing at the door. Kelly said menting regulations are incomplete. ballast regulations have been “limping AWO reports that the Coast Guard is and crawling” ahead for years, but, he developing regulations for electronic added, “they still need balance.” Alle- TWIC readers to be installed on gretti remains concerned, noting that certain vessels and at certain marine federal and state regulations – more transportation facilities. AWO writes: than two dozen states regulate ballast the “card readers add no security value water – remain a confusing, Balkan- on vessels with small crews, such as ized and costly regulatory patchwork towing vessels.” AWO supports the making compliance dif? cult. AWO Coast Guard’s proposal not to require

September 2017

MN 42