Page 11: of Maritime Reporter Magazine (February 2019)

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INSIGHTS: GOVERNMENT UPDATE © Sorin/AdobeStock lated vessels, which will not be ad- ing the issues raised in each unfnished dressed here. The Act makes a number regulatory proceeding. The Comptroller of technical amendments regarding the General is directed to conduct a study

Coast Guard. It reorganizes Chapter 14, that examines the immediate aftermath


United States Code, relating to the orga- of a major ocean carrier bankruptcy and

ITS REGULATIONS TO ELIMINATE ThE nization and responsibilities of the Coast its impact through the supply chain.


Guard. It codifes the Ports and Water- ways Safety Act (PWSA) and transfers NOAA Provisions

USING ThE MARINER’S CREDENTIAL those provisions into Title 46. It moves Title X of the Act adopted several

COMPLETE AN APPROVED REFREShER OR the provision regarding regattas and ma- provisions impacting the National Oce- rine parades from Title 33 to Title 46. anic and Atmospheric Administration


The provisions relating to the regulation (NOAA). Expenditures through 2013

A RADAR OBSERVER ENDORSEMENT. ThIS of vessels in the territorial waters of the are authorized for hydrographic sur-

United States (sometimes referred to as veys and related duties, as well as for

RULEMAkING IS EXEMPTED FROM ThE the ‘Super 6’ provisions) are updated so the agency’s Arctic programs. NOAA

REqUIREMENTS OF ThE ADMINISTRATIVE as to make clear that such provisions are is directed to develop and implement a enforced by the Coast Guard. Last but system to track and report the full cost of

PROCEDURE ACT, ThUS REqUIRING NO not least, the establishment, function, hydrographic data collection, including

ADVANCE NOTICE AND COMMENT and membership of the various National costs relating to vessel acquisition, ves- (SECTION 829).

Maritime Transportation Advisory Com- sel repair, and administration of contracts mittees have been codifed. to procure data and to develop a strategy for increased contracting with nongov-

FMC Provisions placement of buoys related to the move- knowingly and willfully accepting cargo ernmental entities for hydrographic data

Title VII of the Act adopted provisions ment of the vessel; and, with respect to from or transporting cargo for the ac- collection. Provisions were also adopted relating to the Federal Maritime Com- injunctive relief, towing vessel services count of a NVOCC that does not have for possible changes in homeports of mission (FMC). The FMC is tasked provided to such a vessel. The agency an FMC tarif or an OTI that does not some NOAA research vessels.

with conducting analyses of the impacts is authorized to require a common car- have a bond, insurance, or other surety on competition for the purchase of cer- rier or marine terminal operator to fle as required by the FMC. A conference Summary tain covered services by alliances of a periodical or special report related to or group of two or more ocean common The above discussion addresses provi- ocean common carriers acting pursuant the entity’s business. The public is now carriers is prohibited from negotiat- sions in the Act that I feel have the most to an agreement. At the same time, the allowed to submit relevant information ing with a tug or towing vessel service impact on large segments of the mari- defnition of ‘certain covered services’ following the publication in the Federal provider on any matter relating to rates time community and that have received has been amended to include the berth- Register of the notice of fling with the or services provided within the United minimal analysis elsewhere. There are ing or bunkering of vessels; the load- FMC of agreements. Ocean transporta- States by those tugs or towing vessels. numerous other provisions that are of ing or unloading of cargo to or from a tion intermediary (OTI) provisions have The FMC is required to submit bian- equal or greater importance to smaller vessel to or from a point on a wharf or been tightened to reduce abuses. Ocean nual reports to Congress describing the segments of the community, but space terminal; the positioning, removal, or re- common carriers are prohibited from Commission’s progress toward address- does not allow for their inclusion here. 11

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