Page 26: of Maritime Reporter Magazine (July 1995)

Cynthia A. Colenda by Cynthia A. Colenda, president, ICCL

Cynthia A. Colenda replaced John T. Estes as president of the International Council of Cruise Lines (ICCL) in early 1995. Most recently managing partner of Alcade & Fay, an

Arlington, Va.-based government and public affairs firm which has represented the cruise industry and other mari- time clients for more than 15 years, Ms. Colenda has already represented ICCL in Washington for many years.

As a member of both the District of Columbia and Pennsyl- vania Bar Associations, Ms. Colenda holds a law degree from George Mason University in Arlington, and a bach- elors in political science from Virginia Polytechnic Institute and State University in Blacksburg, Va. fhile the 104th U.S.

Congress ushered in the faces of a new leadership, it simultaneously changed the legis- lative landscape for maritime is- sues. In particular, we saw the elimi- nation of the Merchant Marine and

Fisheries Subcommittee, which for years maintained jurisdiction over maritime matters. Maritime issues now fall primarily within the juris- diction of an expanded Transporta- tion and Infrastructure Committee at its subcommittee on Coast Guard and Maritime Transportation. But the change is not merely one of form, it is one of substance as well.

Just mid-way into the year, the sub- committee has offered up an agenda that includes a review of measures which would deregulate the mari- time industry and modify cabotage laws.

ICCL is responding to the sweep- ing changes in Congress by advanc- ing a proactive agenda. By promot- ing this agenda with the new con- gressional leadership, the adminis- tration and others, ICCL actively encourages the expanded growth of the passenger cruise industry. The

ICCL's goal remains unchanged: to ensure that all proposed legislative and regulatory actions both domes- tically and abroad perpetuate the free flow of our international busi- ness.

ICCL is monitoring a number of legislative issues in Congress this session. We are working with Con- gress to obtain a legislative clarifi- cation on the Customs User Fee imposed under NAFTA. This clari- fication would ensure that the $6.50 user fee is not assessed multiple times for cruise passengers visiting

Alaskan and U.S. ports more than once in a single voyage.

We are also monitoring the progress of a provision which would correct California state restrictions on gaming between two points in the state. The "Schenk" amend- ment would prohibit states, includ- ing California, from regulating cruise ship gaming on voyages to another state or nation if the ship reaches the other state or nation within three days. We continue to follow the issue with interest.

In regard to maritime reform ef- forts, ICCL is keeping tabs on the movement of legislation which pro- vides for the continuation of the

Operating Differential Subsidy (ODS) program for cargo vessels as well as new subsidies for U.S. ship- building interests. We are inter- ested in ensuring that no fees are imposed on the cruise industry to help fund these ship operating or shipbuilding subsidy programs.

Legislation which attempted to do just that was successfully stopped last year by Sen. Larry Pressler (R-S.D.) because of its controversial funding mechanism — the tonnage tax on commercial vessels. Sen.

Pressler is now chairman of the

Commerce Committee and has con- tinued his opposition to the tonnage tax as a funding mechanism to pay for these maritime programs.

We are also monitoring congres- sional developments on treaty rati- fication for the international ship- building agreement at the Organi- zation for Economic Cooperation and Development (OECD) to phase out foreign shipyard subsidies.

Some U.S. shipyards now oppose this agreement and have pressured

Congress to oppose treaty ratifica- tion. If the agreement is not rati- fied, it could stimulate another round of legislation similar to that pro- posed last year, which penalizes ship- owners who build in foreign yards.

Another issue of interest to ICCL involves cabotage restrictions on for- eign-flag passenger vessels. A num- ber of ports are seeking repeal of the restrictions imposed by the Passen- ger Services Act that prohibit for- eign-flag passenger vessels from operating in the coastwise trade of the U.S. The future of cabotage law is unclear at the moment. We have seen recent efforts to chip away at its foundation. Specifically, Repre- sentative Jim Oberstar (D-Minn.), a senior Democrat on the House

Transportation & Infrastructure

Committee, has requested hearings on this issue. He also plans to intro- duce legislation in the very near future. The bill could potentially open additional markets to foreign- flag cruise vessels. These markets have been blocked to our vessels by 28 Maritime Reporter/Engineering New;