What to Expect in the Maritime Policy in the 111th Congress Dabney P. Hegg Senior Professional Staff U.S. Senate Committee on Commerce, Science and Transportation

Maritime Transportation of ‘Especially Hazardous Cargo’ Directs the Coast Guard to establish an International Committee of trading partners before the International Maritime Organization (IMO) to develop standards and procedures for the safe and secure receiving, handling, crewing, loading and unloading of EHC’s at facilities and on tank vessels. Requires the Coast Guard to conduct an assessment of facilities that transport EHC on, or adjacent to, the navigable waters of the United States and authorizes the Coast Guard to require a cost-share plan for security services for facilities that that handle a significantly high risk threshold of EHC product(s). Recognizes the current ISO voluntary third party validation system to certify international port facilities meet or exceed ISPS standards. Authorizes assistance to foreign ports that transport EHCs to assist them in meeting or exceeding ISPS standards and eventually EHC handling and transport standards.

Transportation Reauthorization The last transportation authorization bill (SAFTEA-LU) is due to expire in the 111th Congress. The Senate Commerce Committee has jurisdiction over the transportation of hazardous materials, intermodal transportation, surface and maritime transportation, household goods, and highway safety. We are exploring the development of a new trust fund to finance port and intermodal development and modernization designed to specifically designed to address freight mobility. This legislation is still in the concept and development phase.

Oil Pollution Prevention Improves the mariner medical licensing program. Implements the IMO regulation 12A to require a double hull or an additional protective layer of fuel tank for non-tank vessels. Directs the Coast Guard to make improvements to its vessel tracking system in order to prevent navigational errors and accidents.

SAFE Port Reauthorization Modify the TWIC program to integrate enrollment capabilities for the Transportation Worker Identification Credential (TWIC) at existing Hazmat Endorsement Threat Assessment (HME) Program locations nationwide for sustainability and improved customer access. Directs the Secretary of Homeland Security to streamline the background checks for all credentialing programs within the DHS. Potential clarification of the 100% Scanning Requirement. Establish response and recovery plans that are unique to the regional environment of each U.S. port, which would allow individual ports to return to “normal business” as efficiently as possible after a disaster. This would also require that the regional recovery plans be integrated into annual port security exercises and facility drills that test the quality of each ports response and recovery plans. Require the Coast Guard to make available their Maritime Security Risk Assessment Management Tool (MSRAM) to Area Maritime Security Committees to develop and implement a regional comprehensive risk management plan that will form the basis for resource allocation. Designate ship supply vessels as MTSA-regulated vessels that are required to provide the Coast Guard with vessel security plans and to require the crew that serve on board the vessels to have a TWIC.

S. 1578, the Ballast Water Management Act S. 1578 from the 110th Congress would prevent the introduction of new aquatic nuisance species from ballast water by requiring- (1) all vessels entering the U.S. to begin immediately exchanging their ballast water at least 200 miles from shore until they are required to install treatment technology; (2) all vessels to install treatment technology to meet stringent performance standards at least 100 times stricter than the standard adopted by the International Maritime Organization by 2012, with only one possible two-year extension; (3) the Environmental Protection Agency and Coast Guard review treatment performance standards every three years; (4) quarterly monitoring and recordkeeping reports from ships to the Coast Guard; (5) Requiring the President to develop a national rapid response plan. The major issues preventing passage this year was (1) disagreement over federal/state preemption authority, and (2) a continuing court battle over EPA’s role in regulatory and enforcement authority.

Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters (London Convention) The London Convention governs the deliberate disposal at sea of wastes or other matter from vessels, aircraft, platforms, and other man-made structures at sea.  The US ratified the London Convention in 1975. In 1992, the Parties to the London Convention began a comprehensive review of the Convention resulting in the 1996 Protocol, which is a free standing treaty that updates the Convention.  The Protocol went into force in 2006.  The US is a signatory of this Treaty. The Committee on Foreign Relations reported the Protocol favorably and it awaits consideration by the full Senate.  The Commerce Committee will need to provide authorizing legislation for domestic implementation. The London Convention uses a ‘negative” approach to dumping and lists substances that may not be dumped as well as a list of substances that may only be dumped with a special permit vs. the Protocol which uses a “reverse list” or “positive” approach and prohibits ocean dumping of all wastes except those specifically listed.