Page 17: of Maritime Reporter Magazine (February 2021)

positioning the United States to take advantage of emerging opportunities for Arctic maritime transportation.

Largely implementing the recommendations of the National

Transportation Safety Board’s investigation of the fatal Con- ception casualty, the vessel inspection laws have been amend- ed to increase requirements for covered small passenger ves- sels with overnight passenger accommodations.

Maritime Administration

The Maritime Administration Authorization Act includes a provision amending the processes for waiving navigation and vessel inspection laws. Waivers requested by the Secretary of

Defense must be necessary in the interest of national defense to address an immediate adverse effect on military opera- tions and a written explanation must be provided to Congress within 24 hours. Reports concerning all other waivers must be posted on the internet. The Act also establishes a Maritime

Transportation System Emergency Relief Program as well as a Tanker Security Fleet Program.

Federal Maritime Commission

The Federal Maritime Commission Authorization Act re- quires the FMC to annually submit to Congress reports that describe the Commission’s progress toward addressing the issues raised in each un? nished regulatory proceeding, re- gardless of whether the proceeding is subject to a statutory or regulatory deadline. It also establishes the National Shipper

Advisory Committee to advise the Commission on policies relating to the competitiveness, reliability, integrity, and fair- ness of the international ocean freight delivery system.

Miscellaneous

In a wholly separate portion of NDAA, Congress amended the Outer Continental Shelf Lands Act to make it clear that the jurisdiction of the United States extends to installations and other devices permanently or temporarily attached to the

OCS seabed erected thereon for the purpose of exploring for, developing, or producing resources, including non-miner- al energy resources. This provision makes it clear that the coastwise trade laws apply to offshore wind and solar energy facilities. The maritime portions of NDAA cover pages and pages of the legislation. Space limitations prevent a discus- sion here of all those provisions or even a thorough analysis of the few highlighted here.

Those interested should review the legislation in depth.

The Author

Bryant

Dennis L. Bryant is with Bryant’s

Maritime Consulting, a regular contributor to Maritime Reporter &

Engineering News.

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