- The American Waterways … · combat any advance of the carp into Lake Michigan. ... to the exclusion of other ... provides exemptions from the

VOLUME 67, �O. 6 • MARCH 26, 2010

This edition of theAWO Letter issponsored by:

On March 22, the U.S. Supreme Courtdenied the State of Michigan’s renewedmotion to immediately close the Chicagoand O’Brien locks in Illinois. As reportedin the February 12 edition of the AWOLetter, Michigan undertook this motioneven though the state’s last attempt tocompel lock closures was denied onJanuary 19. This motion, as was the casewith the original motion, was denied bythe Court without comment. Also similarto the original case, the U.S. SolicitorGeneral, the State of Illinois and theMetropolitan Water Reclamation Districtof Greater Chicago filed briefs inopposition to Michigan’s request.

The Court has not yet issued a decision onMichigan’s petition to reopen the originalcase. Whenever the Court revisits this issue,it will have the choice to either dismiss thecase or assume jurisdiction over it. AWOwill inform members when the issue of thepetition is resolved. Michigan hasinitiated these motions as part of an effortto prevent the migration of the invasiveAsian carp to Lake Michigan, in spite ofboth the lack of a relationship betweenlock openings and carp migration, and thedamage that lock closures would have onthe regional and national economies.

In other news on Chicago-areanavigation, AWO, several AWO member

companies and coalition memberssubmitted comments to the U.S. ArmyCorps of Engineers on March 19 toexpress support for the agency’s plans toinitiate an Environmental Assessment(EA) on alternative technologies tocombat any advance of the carp intoLake Michigan. The Corps intends toconduct the EA on acoustic deterrents,air bubble curtains and strobe lights.Given the strong amount of support thateach of these methods has in thescientific community, AWO applauds theCorps for its planned actions. AWO isalso pleased that employing thesemethods would satisfy the goals industryand government share of protecting theenvironment while not harming theregional and national economies.

To read the comments AWO submitted,please click here. To read the notice of theEA that the Corps published, please clickhere. For more information on any issuesrelated to Chicago-area navigation, pleasecontact Lynn Muench at (314) 446-6474, orvia email at [email protected],or, in the Arlington office, please contactMary McCarthy or Benjamin Rogers.They can be reached at (703) 841-9300,extensions 254 or 264, respectively, or viaemail at [email protected] [email protected].

801 North Quincy Street, Suite 200, Arlington, Virginia 22203

Phone: (703) 841-9300Fax: (703) 841-0389

www.americanwaterways.comISSN1536-3910

U.S. Supreme Court Denies Michigan’sMotion to Close the Chicago and O’BrienLocks – for the Second Time

U.S. Supreme Court DeniesMichigan’s Motion to Close Chicagoand O’Brien Locks.................................1

TSA Seeking Industry Feedback onPolicy toAddressMalfunctioning TWICs...2

Coast Guard Releases CargoSecurity Symposium Report.................2

Coast Guard Publishes Salvageand Firefighting FAQs...........................3

APHIS Announces Exemptionsfrom User Fees for Certain BargesTraveling from Canada..........................4

Coast Guard Seeks Industry Supportin Reducing AIS Discrepancies.............4

MarAd Seeks Help in UpdatingLaunch Barge Inventory........................5

Coast Guard to Revisit Approachon STCW NPRM...................................6

AWO Holds RCP Auditor Training.........7

California Office of Spill Preventionand Response to Hold BunkeringOperations Work Shop........................10

AWO Provides Comments inOpposition to MA Oil Spill Regulationsin Buzzards Bay......................................11

AWO Testifies Against MarylandNo Discharge Zone Bill.......................12

HIGHLIGHTS IN THIS ISSUE

The new and improved...

www.americanwaterways.com

AWO Submits Comments to Corps in Supportof Technologies to Repel Asian Carp

2 March 26, 2010

AGENCY ACTIONS

On March 16, the TransportationSecurity Administration (TSA) briefedthe Transportation Worker IdentificationCredential (TWIC) StakeholdersCommunication Committee on itsefforts to develop a policy to replacemalfunctioning TWICs at the group’squarterly meeting in Washington, D.C.Over the past year, many cardholdershave reported that their TWIC is notoperable with the card readers they haveencountered at select locations acrossthe country, despite there being no signsof physical damage to the card. Undercurrent TSA policy, cardholders whohave damaged their TWIC can apply fora new card, but are subject to thestandard $60 replacement fee.However, TSA has no policy in place toaddress TWICs that are malfunctioningthrough no fault of the cardholder. InDecember 2009, Representative GeneGreen (D-TX) sent a letter to actingTSAAdministrator Gale Rossidesrequesting that the Agency develop apolicy to replace malfunctioning TWICsfree of charge if there is no sign ofdamage on the card. (To read Rep.Green’s letter, click here).

TSA is tentatively proposing a“warranty” program for TWICs.Under this approach, TSA will replacea malfunctioning TWIC as long as thecard is returned within some period oftime after it is activated. TSA has notyet determined an appropriate numberof days for this “warranty;” theAgency has only said that it does notwant the warranty to extend for theentire five-year “life” of the TWIC.TSA is seeking industry feedback onan amount of time that would be fairto cardholders.

Currently, the only way a cardholdercan determine whether their TWIC ismalfunctioning is to scan the card at a

card reader. Readers have only beenrolled out to select locations as part ofthe ongoing pilot program. TSA hasnoted that some reader locations arereporting failure rates as high as 5percent, and in the coming weeks theAgency will be testing TWICs in thePort of Houston in an effort to betterdefine the scope of the problem.

AWO willcontinue tofollow this issue as it progresses.If you have any questions, or anyfeedback regarding the duration of theproposed warranty program, pleasecontact Brian Vahey at (703) 841-9300, extension 251, or via email [email protected].

TSA Seeking Industry Feedback on Policyto Address Malfunctioning TWICs

On March 11, the U.S. Coast Guard issued a reporton the Cargo Security Symposium held in Reston,VA, on September 24-25, 2009. The symposium,sponsored by the National Maritime SecurityAdvisory Committee (NMSAC), was held to “informand guide the development of a national strategy forreducing the maritime security risks present in the bulktransportation and transfer of Certain Dangerous Cargo (CDC) within portsand waterways of the United States.” The two-day event was spearheadedby Coast Guard Commandant ADM Thad Allen, and was prompted by theCoast Guard’s increasing concern with Congressional focus on thetransportation of Liquefied Natural Gas (LNG) to the exclusion of otherhazardous cargoes. The Coast Guard believes that a more holistic view ofhazardous cargo security is necessary to ensure both appropriate securitymeasures and proper allocation of Coast Guard resources.

The symposium was attended by representatives from the Coast Guard, lawenforcement and industry, all of whom were asked to contribute to adialogue about how best to develop a more holistic strategy for CDCs. Inaddition to the report, which the Coast Guard has already disseminated toCongress, the agency set up a CDC Risk Reduction Workgroup to use theideas presented at the symposium to develop a comprehensive nationalsecurity strategy. The workgroup meetings began in December 2009 andhave continued monthly. AWO participated in the symposium, submittedcomments on the first draft of the Cargo Security Symposium report andactively represents industry interests on the Risk Reduction Workgroup.

To read the report, click here. If you have any questions about theseinitiatives, please contact Jennifer Carpenter or Brian Vahey at(703) 841-9300, extensions 260 and 251, respectively, or via email [email protected] or [email protected].

Coast Guard Releases CargoSecurity Symposium Report

March 26, 2010 3

AGENCY ACTIONS

Important Datesand Reminders

For more information, please contactAshley Smith at (703) 841-9300, extension

291, unless otherwise noted.

April 13: “Barge-In” PreparationBriefing, Arlington, VA

April 14-16: AWO Congressional“Barge-In” and Spring Convention,The Ritz-Carlton, Pentagon City,Arlington, VA

April 28-29: Interregion SafetyCommittee Meeting, The Fairmont,Pittsburgh, PA

June 9-10: Coastal SafetyCommittee Meeting, MGM Grand,Las Vegas, NV

July 27: Pacific Region SummerMeeting, Hilton Bellevue,Bellevue, WA

August 4-5: Executive CommitteeMeeting, AWO Headquarters,Arlington, VA

August 11-12: Atlantic RegionSummer Meeting, The Barclay NewYork, New York, NY

August 18-19: AWO Midwest andOhio Valley Regions Joint SummerMeeting, St. Louis, MO

September 1-2: Southern RegionSummer Meeting, Beau RivageResort & Casino, Biloxi, MS

September 8-9: Interregion SafetyCommittee Meeting, SheratonWestport Lakeside Chalet Hotel,St. Louis, MO

October 13-15: 2010 AWO FallConvention, The Fairmont, SanFrancisco, CA

December 1-2: ExecutiveCommittee Meeting, AWOHeadquarters, Arlington, VA

at a glanceThe U.S. Coast Guard has published a documentcontaining Frequently Asked Questions (FAQs) on itsDecember 31, 2008 final rule on salvage and marinefirefighting. The FAQs are intended to provide guidanceand clarification to vessel response planholders on howto amend their plans to comply with the final rule’srequirements by February 22, 2011.

The issuance of the FAQs marks a change in the CoastGuard’s original plan to hold a public meeting to gatherfeedback on a draft Navigation and Vessel Inspection Circular (NVIC) that wouldclarify certain aspects of the final rule. The Coast Guard is considering notholding a public meeting if the FAQs adequately clarify issues surrounding theregulation, but still plans on publishing a NVIC.

The FAQs covers a number of topics, including:

� The definition of “hazardous condition” that triggers notificationto the Coast Guard;

� Use of, and coordination between, public and private marinefirefighting resources;

� Waivers for salvage stabilization services when equipment meeting therequirements of the rule is not available;

� Information that must be contained in contracts and funding agreements;

� Certain circumstances in which Lloyds Open Form can be used in lieuof a funding agreement;

� Planholders’ responsibility to certify that responders listed in plans canprovide adequate response;

� When planholders may deviate from the plan during a response in thecase of an “exceptional circumstance;”

� The need for inland tank barges to contract for subsurface product removal;

� The applicability of pre-fire plan requirements applicability to barges; and,

� How, when and where drills and exercises must be held.

To view the FAQs, click here. AWO will work with affected members, the tankvessel coalition and the salvage community to ensure that the FAQs adequatelyaddress stakeholders’ concerns and will provide feedback to the Coast Guard asthe NVIC is being developed. For more information, please contact JenniferCarpenter or Mary McCarthy at (703) 841-9300, extensions 260 or 254,respectively, or via email at [email protected] [email protected].

Coast Guard PublishesSalvage and Firefighting FAQs

4 March 26, 2010

AGENCY ACTIONS

On March 9, the U.S. Department ofAgriculture’s Animal and Plant HealthInspection Service (APHIS) publisheda final rule amending the foreignquarantine and user fee regulations forproducts moving between the U.S.and Canada, and not involving a thirdnation. In a change from the August2006 interim rule, the final ruleprovides exemptions from theagricultural quarantine and inspection(AQI) user fee for barges that do notcarry any plant or animal products,and for barges that do not carry soil orquarry products from certain locationsin the Canadian provinces of Quebec,Ontario, New Brunswick and NovaScotia. Under the terms of the interimrule, barge operators travelingbetween the U.S. and Canada hadbeen subject to a $500 AQI user feeeven if they were not carryingproducts at risk of housing the gypsymoth. AWO has worked with APHISover the last several years to urge achange to this requirement.

The final rule, including the feeexemptions, took effect on March 9.For a copy of the rule, please clickhere. (The information on barges islocated on page 10637 of thedocument). For furtherinformation, please contact JenniferCarpenter or Benjamin Rogers at(703) 841-9300, extensions 260 or264, respectively, or via email [email protected] [email protected], orcontact Jason Lewis at(253) 200-0945, or via email [email protected].

On March 8, the U.S. Coast Guard’s National Maritime Center (NMC) issued areminder about an option available for mariners who live more than 150 milesfrom the nearest Regional Examination Center (REC) and are seeking tocomplete required examinations. The NMC indicated that the Coast Guard isable to send Travel Examination Teams (TETs) to remote locations, providedthat there are at least 20 mariners there who “have been determined to be fullyqualified for examination.”

Groups of mariners interested in taking advantage of the TET option need tosubmit their requests by mail or email at least 20 business days before the dateof their requested examination(s). For information on where to send therequests, and for more information on TETs, please click here. For questionsabout the NMC, please contact Jennifer Carpenter or Benjamin Rogers at(703) 841-9300, extensions 260 or 264, respectively, or via email [email protected] or [email protected].

On March 12, the U.S. Coast Guard reached out to maritime stakeholdersrequesting assistance in reducing the number of incidents of impropertransmission of Automatic Identification System (AIS) data. This comes infollow-up to an October 2009 circular released by the International MaritimeOrganization (IMO) listing all discrepancy reports for the period from July toSeptember 2009. The circular indicated that the majority of errors are causedwhen the vessel operator transmits the wrong IMO number, Maritime MobileService Identity (MMSI) number, call sign or vessel name. The latest CoastGuard information indicates that the most frequent error occurs when a vesseloperator does not properly record the vessel’s IMO number. (While manyinland towboats do not have an IMO number, the Coast Guard has assuredAWO that the discrepancy information applies only to vessels that do.)

As reported in the November 20, 2009 edition of the AWO Letter, the Coast Guardhas confirmed that such discrepancies constitute operator error, and has advisedoperators to ensure that their vessel’s name, MMSI number and call sign mirrorthose listed on the vessel’s radio certificate license. If a vessel lacks a license,owners must have one issued by the Federal Communications Commission (FCC).If a vessel lacks an MMSI number, owners will need to amend their existinglicense with the FCC and obtain one. The Coast Guard also recommends thatvessel owners acquire a nine-digit IMO number, even for non-Safety of Life at Sea(SOLAS) vessels. IMO numbers can be requested free of charge by clicking here.

The Coast Guard has told AWO that it does not wish to pursue aggressiveenforcement or penalty action on AIS discrepancies, but notes that many suchcases have been discrepant for quite some time and that the Coast Guard hasnot ruled out enforcement in the future should the problem persist.

If you have any questions, please contact Brian Vahey at (703) 841-9300,extension 251, or via email at [email protected].

APHIS AnnouncesExemptions fromUser Fees for CertainBarges Travelingfrom Canada

Travel Examination Team Option Availablefor Mariners Far from earest REC

Coast Guard Seeks Industry Supportin Reducing AIS Discrepancies

On March 5, the U.S. Coast Guard issued a notice of policyrevision and request for comments on Navigation andInspection Circular (NVIC) 11-93, Change 3, “Applicabilityof Tonnage Measurement Systems to U.S. Flag Vessels.”The Coast Guard is seeking stakeholder feedback on howthe Agency should enhance NVIC 11-93 to improve itsusefulness. The Coast Guard will accept any suggestions

for improving the circular, but is specifically looking forguidance on the implications of gross/net tonnage changesthat result from: (1) vessel alterations, (2) changes in vesselservice, and/or (3) the addition/removal of temporary deckequipment (e.g., portable quarters, seismic trailers, etc.).Comments are due by April 5.

AWO welcomes suggestions from members as to how theNVIC can be made easier to understand and interpret.AWO has recently been discussing with the Coast Guard aprovision of NVIC 11-93 requiring certain vessels to beremeasured if they undergo a certain percentage change intheir overall tonnage, which could trigger the application ofinternational conventions to which the vessel was notpreviously subject. At this time, the Coast Guard does notintend to institute any specific changes to tonnagerequirements; however, because the Coast Guard isconsidering changes as part of a long-term strategy, AWOencourages members to provide feedback on any issuesrelated to NVIC 11-93 or tonnage measurement in general.

To read the Federal Register notice, click here. To reviewthe current version of NVIC 11-93, click here. If you wouldhave comments or concerns on this issue, please contactBrian Vahey at (703) 841-9300, extension 251, or via emailat [email protected].

March 26, 2010 5

AGENCY ACTIONS

On March 9 and 10, the Towing SafetyAdvisory Committee (TSAC) held itssemiannual meeting in Metairie, LA.Among the recommendations made byTSAC at this meeting was that the Coast Guard reversecurrent policy and reestablish a career path for ascension tothe Mate Inland Unlimited license. Additionally, TSACdecided to allow the work of the TSAC subgroup on revisingthe Navigation and Vessel Inspection Circular 04-01 ontowing officer credentials to be completed by the committee’snext meeting this fall.

For further information on the meetings, please contactMark Wright at (985) 674-3600, or via email [email protected].

On March 22, the MaritimeAdministration (MarAd)requested industry assistancein updating its inventory ofU.S.-flag launch barges inorder to meet the offshorepetroleum production industry’sdemand for large petroleum production platforminstallations. MarAd has requested that allcoastwise-qualified launch barge owners and otherpotentially interested parties submit comments orinventory updates to the agency by April 21.

To read the MarAd announcement, click here.To learn more about MarAd’s U.S.-launch bargeinventory program, click here. Comments and updatesshould be submitted to: Joann Spittle, Office of CargoPreference and Domestic Trade, Maritime Admin-istration, MAR-730, 1200 New Jersey Avenue, S.E.,Washington, D.C. 20590. For more information, pleasecontact Ms. Spittle by telephone at (202) 366-5979 orby email at [email protected].

Coast Guard Seeking Industry Feedbackon Tonnage Measurement Guidance

MarAd Seeks Help inUpdating Launch BargeInventory

If you receive a hard copy of theAWO Letter and need to know theexact Web addresses of thehyperlinks in any articles, pleasecontact Mary McCarthy at(703) 841-9300, extension 254,or via email [email protected].

TSAC Recommends that CoastGuard Reestablish Career Pathfor Ascension to MateInland Unlimited

6 March 26, 2010

AGENCY ACTIONS/ASSOCIATION NEWS

On March 23, the U.S. Coast Guardannounced that it is revisiting theapproach that it proposed in itsNovember 17, 2009 notice of proposedrulemaking (NPRM) on theincorporation of the 1995 amendmentsto the International Convention onStandards of Training, Certification andWatchkeeping for Seafarers (STCW)into the credentialing requirements forU.S. mariners. The Coast Guardindicated that is considering thepublication of a supplemental notice ofproposed rulemaking (SNPRM) insteadof a final rule as the next step in therulemaking process. As reported in theFebruary 26 AWO Letter, AWOsubmitted written comments on theNPRM February 16 expressing

significant concern about its impact onmariners and companies in the coastaltowing industry.

The Coast Guard’s decision to revisitthe NPRM came in response to publiccomments on the NPRM docket and inanticipation of further amendments tothe STCW Convention to beconsidered by the InternationalMaritime Organization at a diplomaticconference in June. AWO welcomesthe Coast Guard’s decision toreconsider its approach and standsready to assist the agency inimplementing the STCW amendmentsin a practical and effective way.

The STCW Convention applies tomariners on towing vessels: of any size

on international voyages, over 200gross tons on voyages beyond the U.S.Boundary Line, and of any size ondomestic voyages that pass throughinternational waters.

To read the Coast Guard announce-ment, please click here. To readAWO’s comments on the NPRM,please click here. For moreinformation, please contact JenniferCarpenter or Ben Rogers at (703) 841-9300, extensions 260 or 264,respectively, or via email [email protected] [email protected].

Don’t forget to register for the 2010AWO Spring Convention by clickinghere. The convention will take placeApril 14-16, 2010 at The Ritz-Carlton,Pentagon City in Arlington, VA.A draft agenda of convention eventscan be viewed here.

The AWO Annual “Barge-In” toCapitol Hill will take place April 14.A flyer about the “Barge-In” isattached to this newsletter. Click hereto view all events in conjunction with

the “Barge-In.” For additional “Barge-In” details, please [email protected].

Thank you tothose who havealreadyconfirmedsponsorshipsfor the SpringConvention.Your support isgreatlyappreciated! Please click hereto view the confirmedconvention sponsors.

There are several sponsorshipsstill available for the SpringConvention. Your support helpsensure full and productivemeeting. Click here for the fulllists of sponsorshipopportunities. For furtherinformation, please contactAshley Smith at (703) 841-9300,extension 291, or via email [email protected].

In the March 12 edition of the AWO Letter, the address for new AWO affiliatemember Edoc Systems Group Ltd. was incorrect. Below isthe correct address; AWO apologizes for any inconvenience.

Edoc Systems Group Ltd306 – 1208 Wharf StVictoria, BCV8W 3B9

Coast Guard to Revisit Approach on STCW NPRM

Spring Convention Registration ReminderTIME IS RUNNING OUT!

Sponsors Neededfor 2010 AWOSpring Convention

!CORRECTIO�: New Member Address

March 26, 2010 7

RESPONSIBLE CARRIER NEWS

On March 9-11, AWO held its annualnew auditor and auditor recertificationtraining in Alexandria, VA. AWOmembers and prospective auditorsbegan their training with a one-dayorientation on AWO and theResponsible Carrier Program (RCP).The orientation introduced them to the“value-added” philosophyof the RCPAudit thatemphasizes the require-ment that AWO-certifiedauditors provide companiesbeing audited with valuebeyond simply providing alist of non-conformities.Members also trained inthe history anddevelopment of the RCPitself, coaching and auditing skills, aswell as the use of the essential tools ofthe RCP audit, the Management andVessel checklists. The first day’straining ended with a test.

The next day, AWO memberrepresentatives and prospectiveauditors were joined by 27 recertifyingauditors from all over the UnitedStates, many of whom had attended thefirst auditor training in 1998, for theadditional day-and-a-half of intensetraining required to renew theircertifications to conduct AWO-certifiedRCP audits. Recertification training isrequired for all auditors every threeyears and the training begins a newcycle. The theme of this year’straining was “Imparting Knowledge”and focused on providing auditors withinformation on the status of the towingvessel inspection regulation, proposedchanges to the RCP protocoladdressing audit due dates, the scopeof the annual internal audits nowrequired of all AWO members, andinformation on Crew EnduranceManagement (CEMS). CEMS is the

focus of several proposed new non-required questions that will be added tothe RCP Audit Checklists this spring.

A brief introduction and welcomewas delivered by Tom Allegretti,AWO President & CEO, duringwhich he told auditors that AWO

appreciates the greatjob they have donefor more than adecade. Mr. Allegrettiwent on to say thatthe integrity of theauditing system and theintegrity of AWO’sauditors are thefoundation on whichAWO’s safety efforts rest.“You,” he told them, “are

a critical part of our future–ourreliability, our reputation, ourimprovement, our future. I can’toverstate how critical you are to ourindustry’s success!” Next, JohnPatterson, Director of Claims, IngramBarge Company and Chairman of theRCP Accreditation Board, introducedmembers of his board: Rick Kimberly,Sause Bros. Ocean Towing; StephenRichards, BP Shipping USA; and,Joseph Tyson, Canal Barge Company.John also mentioned board membersMike Weisend, AEP River Operations,whose schedule did not allow him toattend, and Doug Carlson, Seabulk,International, Inc., who was attendingas a recertifying auditor and thereforecould not be participate as a designeror presenter this year.

The training kicked off with an “RCPPuzzler” contest (click here), a funbut challenging crossword puzzledesigned to test auditor’s familiaritywith the program. Winners of thecontest received a “one of a kind”RCP t-shirt. The training continued

with presentations on federalregulations given by AWO staffmembers Jennifer Carpenter andMary McCarthy, an Introduction toCEMS delivered by CEMS expert JoAnn Salyers, Salyers Solutions, andthe process and techniques forinternal audits. The day ended with a65 question test designed to ensurethat AWO-certified auditors areamong the most qualified auditorspracticing today.

At the conclusion of the RCP auditorrecertification training, Dan Roczniak,American Chemistry Council (ACC),conducted a training session for AWO-certified auditors wishing to becomecertified to perform ResponsibleCare© audits for members of AWOthat are also Responsible CarePartners. Joint audits require thecompletion of an additional checklistconcerned mostly with stakeholdernotification and dialogue.

If you have any questions aboutauditor training or jointRCP/Responsible Care Partner audits,please contact Bob Clinton at(703) 841-9300, extension 253, or viaemail at [email protected].

“SAFETYPAGES”

AWO Holds RCPAuditor Training

8 March 26, 2010

RESPONSIBLE CARRIER NEWS

Since May 2009, the ResponsibleCarrier Program (RCP) has required allAWO members participating in theRCP to track safety statistics in thefollowing five areas: manhours,fatalities, recordable injuries, lost timeinjuries and falls overboard.Complementary to this requirement,the long-established AWO SafetyStatistics program provides AWOmembers with an opportunity to reporttheir safety results in each of the RCP-required areas to the Hile Group, anindependent contractor retained byAWO to manage the program. TheHile Group collects and reports eachparticipating company’s injurystatistics, in a completely anonymousmanner, to each member participatingin the program, and beginning in 2010,produces a quarterly Generic Reportwith no identifying information otherthan operating area and incident rates.This Generic Report is publishedseveral times a year in the AWO Letter.Companies can use the data in thisreport to benchmark their safetyperformance against other companies intheir operating sector, and AWO can usethe data to compare its members’ safetyperformance with that of industry-wideU.S. Coast Guard injury data.

The AWO Board of Directors believesthat collecting and reporting safety datais so important that it voted in October2009 to include the cost of itsindependent contractor, the Hile Group,to the AWO dues structure. To furtherassist members in collecting this dataand reporting it in a standard format,the AWO Safety Committees havedeveloped a Safety StatisticsInstruction Manual which can bedownloaded by following this linkclicking here. Additional help isavailable through a mentoring programoffered through the AWO SafetyCommittees. This mentoring programis a means for members new to

collecting safety statistics to obtainassistance from safety committeemembers. Members wishing to takeadvantage of this assistance shouldcontact Bob Clinton, AWO VicePresident - Safety, at (703) 841-9300,extension 253, or via email [email protected].

The AWO Board of Directors believesthat, with the RCP requirement for allcarrier members to track this data, thecost of the program now a part ofmember dues and the personalassistance available, there should belittle reason for a company not to takeadvantage of this service and report itsdata. Safety data is an essential partof any company’s effort to improvesafety and receiving a confidentialreport of its safety performance willassist each in identifying safety effortsthat are working and those that havebeen less successful.

To get started, please click here and fillout the form and follow the instructionsto register. The Hile Group will receive

the monthly reports fromparticipating companies andproduce the summaryreports. These summary reports willinclude quarterly and year-to-date totalsin a format that can be used to comparea company’s rates to companies ofsimilar size engaged in like operationsand against the universe of participantsas a whole. Participating companieswill receive data from their owncompanies and aggregate totals based oninformation reported by otherparticipants. The chief method todistribute the data and communicatewith the participants will be via email.

In closing, the use of an independentthird party to collect and manage safetydata is the best way to ensure ourstatistics gathering effort is independentand anonymous and will produce aprofessional product and provide a realsafety value to our members. If youhave any questions, please contactBob Clinton at (703) 841-9300,extension 253, or via email [email protected].

DATE LOCATION CONTACT

April 20-21 Salyers Solutions, LLCTampa, FL

Jo Ann Salyers (Instructor)(504) [email protected]

April 27-28 Salyers Solutions, LLCOakland, CA

Jo Ann Salyers (Instructor)(504) [email protected]

The Crew Endurance Management System (CEMS) is a system formanaging risk factors in maritime work environments that can lead tohuman error and performance slumps. The Coast Guard and AWO havebeen working together to help companies implement the principles ofCEMS. In this space, AWO will publish details of CEMS trainingopportunities around the country. For further information on CEMStraining opportunities, please contact Pik Kwan Rivera, U.S. Coast Guard,at (202) 372-1354.

CEMS Training Opportunities Available

(Additional classes can also be scheduled at your location.)

AWO Safety Statistics - Call for Participation!

RESPONSIBLE CARRIER NEWS/REGIONAL REPORTS

March 26, 2010 9

The Interregion SafetyCommittee Meeting will be heldApril 28-29, 2010 at the FairmontPittsburgh. To register for themeeting, click here. AWO has ablock of rooms reserved at thehotel, and the deadline to receivethe AWO group rate of $129.00 is March 26. Forreservations, call the hotel directly at (800) 441-1414 andreference the AWO Interregion Safety Meeting. For furtherSafety Committee information, please contact Bob Clintonat (703) 841-9300, extension 253, or via email [email protected]. For further registration orhotel reservation information, please contact Ashley Smithat (703) 841-9300, extension 291, or via email [email protected].

Interregion Safety CommitteeMeeting Registration andHotel Reminder Please save the date for the following 2010

regional summer meeting dates. For moreinformation, please contact Ashley Smithat (703) 841-9300, extension 291, or viaemail at [email protected].

The Pacific Region Summer Meetingwill be held on July 27 in Bellevue, WA atthe Hilton Bellvue.

Reservation details to follow.

The Atlantic Region Summer Meeting will be held onAugust 11-12 in New York, NY at the Barclay New York.

For reservations, call (800) 327-0200 and reference TheAmerican Waterways Operators. The deadline to receivethe AWO Group rate of $249.00 is July 28.

The Southern Region Annual Meeting will be held onSeptember 1-2 in Biloxi, MS at the Beau Rivage Resort& Casino.

For reservations, call (888) 383-7037 and reference TheAmerican Waterways Operators. The deadline to receivethe AWO Group rate of $129.00 is August 1.

The Midwest and Ohio Valley Regions Joint SummerMeeting will be held on August 18-19 in St. Louis, MOat the The Four Seasons - St. Louis

For reservations, call (314) 881-5757 and reference TheAmerican Waterways Operators. The deadline to receivethe AWO Group rate of $155.00 is July 27.

Save The Date:2010 Regional Summer Meetings

As a reminder, the WaterwaysAction Plan (WAP) is availableonline on the Eighth U.S. CoastGuard District’s Web site. TheWAP can be accessed by clickinghere, and the AWO Web site alsolinks to the WAP.

The WAP contains plans for highwater, low water, high velocityand ice conditions on the Western Rivers. The WAP wasdeveloped by the Mid-America Regional Quality SteeringCommittee. For more information, please contact LynnMuench at (314) 446-6474 or via email [email protected] or Mary McCarthy at(703) 841-9300, extension 254, or via email [email protected].

MIDCONTINENT OFFICE

REMINDER:WAP Posted Online

Hotel Reservation Deadline is March 26

10 March 26, 2010

REGIONAL REPORTS

The U.S. Army Corps of Engineers will hold six meetingsin April to review the 2010 Annual Operating Plan (AOP)for the Missouri River main stem reservoir system. For acopy of the AOP, click here. During the meetings, there willbe presentations on river and reservoir operations thiswinter and spring, planned operations for the rest of theyear and an opportunity for people to ask questions andmake comments. AWO submitted written comments on theAOP in November 2009 (see November 20 AWO Letter).Below is the schedule of meetings.

For more information, please contact Lynn Muench at (314)446-6474 or via email at [email protected] orMary McCarthy at (703) 841-9300, extension 254, or viaemail at [email protected].

Date Time City, State Location

April 13 11:00 a.m.South SiouxCity, NE

Marina ConferenceCenter, 4th & B Streets

April 13 7:00 p.m. Fort Peck, MTInterpretive Center,Lower Yellowstone Rd

April 14 1:00 p.m. Bismarck, NDRadisson Hotel, 605E. Broadway Ave.

April 14 7:00 p.m. Mobridge, SDWrangler Inn, 820West Grand Crossing

April 15 1:00 p.m.Jefferson City,MO

Capitol Plaza Hotel,415 W. McCarty St

April 15 7:00 p.m. St. Joseph, MOHoliday Inn Riverfront,102 S. Third St

Corps Schedules AprilAOP Meetings

MIDCONTINENT OFFICE PACIFIC REGION

On April 7, the California Office of Spill Prevention andResponse will hold a workshop in Sacramento, CA onregulatory and non-regulatory options to meet BestAchievable Protection during bunkering operations frombunker barges.

On a related note, California State Representative JaredHuffman (D-6th District) has introduced a bill, AB No.234, that would require bunker barge operators to pre-boom prior to any oil transfer operation, throughout theduration of the transfer. The workshop should be seen asan opportunity to work with the state on alternatives to abroad statewide booming law.

To read the workshop meeting announcement, pleaseclick here. To read the proposed bill, please click here.Drafts of potential regulation changes will be postedonline; to read the current draft, please click here.Workshop organizers request that attendees RSVP bycontacting Joy Lavin-Jones at (916) 327-0910 or viaemail at [email protected]. Questions regardingthis workshop or posted documents should also bedirected to Ms. Lavin-Jones.

California Office of SpillPrevention and Response to HoldBunkering Operations Workshop

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2010 AWO LetterSponsorships Still Available!

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On March 23, AWO Atlantic RegionVice President Nicole deSibourpresented oral testimony on theproblematic components of theMassachusetts Regulations for OilSpill Prevention and Response before ahearing of the MassachusettsDepartment of EnvironmentalProtection (MassDEP). AWO alsoprovided written comments to thedocket on this matter. The regulationsin question were constructed on anemergency basis after Massachusettsenacted “An Act Preventing Oil Spills

in Buzzards Bay” last September asreported in the September 25 edition ofthe AWO Letter.

In its written statement, AWOaddressed both the unconstitutionalnature of the regulations and thedegradation of safety that theyintroduce to Buzzards Bay. On theconstitutional question, AWO pointedto the Regulated Navigation Area(RNA) that the First U.S. Coast GuardDistrict established in 2007. ThisRNA contains a statement in itsFederalism portion that “State law is

preempted on the subjects covered bythis rulemaking.” This is particularlyrelevant as both the Coast Guard’sRNA and the MassDEP regulationscontain requirements for the presenceof an escort tug for vessels carrying acertain amount of fuel through thebay. As a result, AWO pointed outthat these state regulations violate theconstitutional supremacy of thefederal government in matters ofmarine safety.

AWO also discussed the safety issuesinherent in MassDEP’s dispatch systemfor escort tugs. AWO wrote thatrequests for a tug are to be “made to anunmanned message box with nodispatch capabilities, thus requiring thestate-funded escort tug to patrolBuzzards Bay in search of unescortedtank vessels.” The reality of randomvoyages by state tugs is inconsistentwith the priority for safety that bothAWO and the Commonwealth haveindicated they favor.

Shortly after the hearing, MassDEPinformed stakeholders of Buzzards Baythat the state escort tug service willbecome operational on March 29.Please click here for guidanceMassDEP has issued on the regulationsin question, including the escort tug.

Please click here for AWO’s writtencomments. For questions about theappearance before MassDEP, pleasecontact Ms. deSibour at (703) 841-9300,extension 292, or via email [email protected].

March 26, 2010 11

REGIONAL REPORTS

ATLANTIC REGION

On March 11, AWO attended a meeting of the Houston-GalvestonNavigation Safety Advisory Committee (HOGANSAC). HOGANSACprovides advices to the U.S. Coast Guard on matters relating to the safetransit of vessels and products to and from the ports of Galveston, Houstonand Texas City, and through Galveston Bay. The committee is co-chairedby AWO member Tava Foret, the Action Group Companies, and CAPTM.E. Woodring, Captain of the Port for Sector Houston-Galveston.

RADM Mary Landry, Commander, Eighth Coast Guard District, began themeeting by honoring AWO member companies Higman Marine Services,Inc., Florida Marine Transporters, Inc. and AccuTrans, Inc. for theiremployees’ heroic help rescuing mariners during the sinking of the tug JR�icholls last month. RADM Landry also formally presented a citation andmedal to AWO member Pat Studdert, President of Buffalo Marine Service,Inc., for a previously-awarded honor for his company’s work protectingbarges during Hurricane Ike.

Other presentations included a briefing of the sector’s work implementingthe Coast Guard-AWO Towing Vessel Bridging Program to ease thetransition to towing vessel inspection. Other AWO members in attendanceat the meeting included Matt Woodruff, Kirby Corporation; KellyTeichman, T&T Bisso, LLC; and, Tom Marian, Buffalo Marine Service,Inc. For more information, please contact Mark Wright at (985) 674-3600or via email at [email protected].

SOUTHERN REGION

RADM Landry Honors AWO MembersDuring HOGANSAC Meeting

AWO Provides Comments in Opposition toMAOil Spill Regulations in Buzzards Bay

12 March 26, 2010

REGIONAL REPORTS

Last week, AWO staff and memberstestified against two identical proposedbills in the Maryland legislature titled�o-Discharge Zone Designation forMaryland Waters thatwould designate all statewaters as no dischargezone (NDZ). (For moreinformation on the bills,please see the February 26and March 12 editions ofthe AWO Letter.) The stateSenate hearing on SB 513 was held onMarch 16 and the state House ofDelegates hearing on HB 1257 washeld on March 19. Representing AWOduring the hearings were RickIuliucci, The Vane BrothersCompany; Christian LaPense, DannMarine Towing LC; Mike Reagoso,McAllister Towing; and, NicoledeSibour, AWO Vice President –Atlantic Region. To read a copy ofMs. deSibour’s written testimony,click here.

During both hearings, AWO expressedits concern that the Clean Water Act(CWA) prohibits states from regulatingMarine Sanitation Devices (MSDs),which the bill would do. The CWAalso requires that adequate pumpoutfacilities for all vessels exist beforewaters can be designated an NDZ,and AWO is aware of only onepumpout facility that may be able toaccommodate commercial vessels.Furthermore, many tugboats cannotbe retrofitted so that their MSDs storeeffluent, or can only be retrofitted to doso at an extremely high cost. Thiswould force tugboats out of statewaters, which would have aconsiderable economic impact duringtight fiscal times and would force cargoonto truck and rail transportation,which produces significantly moreemissions than barge transportation.

AWO urged the committee to adopt abalanced approach to protecting theenvironment and the economy byadopting an amendment that would

replace the bill text with arequirement that the stateconduct a study. Thestudy would determine thewaters that need NDZdesignations, those whichhave adequate pumpoutfacilities, and the private

and public resources necessary toestablish pumpout facilities ifnecessary. The amendment has also

been endorsed by the Passenger VesselAssociation, the Cruise LineInternational Association and BoatUS

The committees have not yet votedwhether or not to pass the bill out ofcommittee. If they do, the bill must passits respective chamber by March 29 inorder to cross over to the oppositechamber for a vote. For moreinformation on the bill or the testimony,please contact Ms. deSibour or MaryMcCarthy at (703) 841-9300, extensions292 or 254, respectively, or via email [email protected] [email protected].

ATLANTIC REGION

AWO Testifies Against Maryland No Discharge Zone Bill

Maine Passes Bill Requiring Reporton USCG Ballast Water TreatmentRegulations in Two YearsOn March 18 and 22, the Maine Senate and House, respectively, passed abill (LD 1693/HP 1194) that requires the state Department of EnvironmentalProtection (DEP) to report to the Joint Committee on Natural Resources thestatus of the U.S. Coast Guard’s ballast water treatment rulemaking byJanuary 5, 2012. The bill originally required vessels to install ballast watertreatment systems, but after AWO testified during a January committeemeeting that such a bill conflicted with the Coast Guard’s notice ofproposed rulemaking (NPRM) that also would require vessels to installballast water treatment systems, the committee decided to adopt anamendment that would replace the bill text with a requirement that DEPreport on the NPRM’s status in two years. The governor has ten days to signor veto the bill and, if it passes, the committee may choose to take up aballast water treatment bill after reviewing DEP’s report.

AWO applauds the committee’s recognition that a confusing andburdensome patchwork of state and federal ballast water requirements doesnot enhance environmental protection. AWO continues to work withCongress to develop legislation that creates a uniform, national standard forballast water and other vessels discharges tailored to vessels engaged ininterstate commerce.

For more information, please see January 29 and February 12 editionsof the AWO Letter, or contact Nicole deSibour or Mary McCarthy at(703) 841-9300, extensions 292 or 254, respectively, or via email [email protected] or [email protected].