Ferries – Federal Legislative and Regulatory Outlook Edmund B. Welch Passenger Vessel Association

111 th Congress Public Law Exemption for Discharges Public Law Exemption for Discharges H.R – Coast Guard Authorization Act of 2010 H.R – Coast Guard Authorization Act of 2010 Oil Pollution Act amendments Oil Pollution Act amendments H.R – Limitation of Liability H.R – Limitation of Liability U.S. Ferry Systems Investment Act U.S. Ferry Systems Investment Act (S. 934 Murray/H.R Larsen)

Public Law EPA Vessel General Permit EPA Vessel General Permit Discharges from a Properly Functioning Marine Engine or of Wastewater Incidental to Operation of a Vessel Discharges from a Properly Functioning Marine Engine or of Wastewater Incidental to Operation of a Vessel In 2008, Congress Exempted (for two years) a Vessel of Under 79 Feet in Length (or a Fishing Vessel) In 2008, Congress Exempted (for two years) a Vessel of Under 79 Feet in Length (or a Fishing Vessel) Enacted on July 30, 2010, New Law Continues this Statutory Exemption until December 18, 2013 Enacted on July 30, 2010, New Law Continues this Statutory Exemption until December 18, 2013

Public Law (more) EPA Vessel General Permit Remains in Force for a Vessel of 79 Feet in Length or Greater EPA Vessel General Permit Remains in Force for a Vessel of 79 Feet in Length or Greater Also for a Vessel of any Length that Discharges Ballast Water Also for a Vessel of any Length that Discharges Ballast Water PVA has Guidance Document for Members Summarizing How to Comply with EPA Vessel General Permit PVA has Guidance Document for Members Summarizing How to Comply with EPA Vessel General Permit

Coast Guard Authorization Act of 2010 H.R approved in different versions by House and Senat H.R approved in different versions by House and Senat Will 111 th Congress Complete Work on this Legislation? Will 111 th Congress Complete Work on this Legislation?

Safety Management System Section 810 of House Bill Section 810 of House Bill Will Require SMS on Certain Passenger Vessels Will Require SMS on Certain Passenger Vessels Threshold: “Transporting More Passengers than a Number Prescribed by the Secretary” of Homeland Security Threshold: “Transporting More Passengers than a Number Prescribed by the Secretary” of Homeland Security

Safety Management System (more) In establishing SMS regulations, Secretary must consider “characteristics, methods of operations, and nature of the service” of covered passenger vessels In establishing SMS regulations, Secretary must consider “characteristics, methods of operations, and nature of the service” of covered passenger vessels For ferry vessel, Secretary must also consider the size of the ferry system in which it operates For ferry vessel, Secretary must also consider the size of the ferry system in which it operates No SMS provision in Senate bill No SMS provision in Senate bill

Survival Craft Section 808 of House bill; Not in Senate bill Section 808 of House bill; Not in Senate bill Secretary may not approve a “survival craft” as a safety device unless craft ensures that “no part of an individual is immersed in water” Secretary may not approve a “survival craft” as a safety device unless craft ensures that “no part of an individual is immersed in water” Bill doesn’t define term “survival craft” Bill doesn’t define term “survival craft” Existing survival craft in serviceable condition can stay in use until 2015 Existing survival craft in serviceable condition can stay in use until 2015

Limitation of Liability H.R – Conyers – Securing Protections for the Injured from Limitations of Liability Act H.R – Conyers – Securing Protections for the Injured from Limitations of Liability Act Approved by House on Accelerated Schedule Approved by House on Accelerated Schedule Liberalizes Recoveries Available Under Liberalizes Recoveries Available Under a. Limitation of Liability Act of 1920 b. Death on the High Seas Act c. Jones Act

Limitation of Liability Act (more) Existing Limitation of Liability Act allows consolidation of cases, allows shipowner to seek court order limiting all damages to specified amount Existing Limitation of Liability Act allows consolidation of cases, allows shipowner to seek court order limiting all damages to specified amount Bill would repeal LOLA Bill would repeal LOLA Expand recoveries under DOHSA, Jones Act to permit nonpecuniary losses (loss of care, comfort, companionship) (both) and pain and suffering (DOHSA) Expand recoveries under DOHSA, Jones Act to permit nonpecuniary losses (loss of care, comfort, companionship) (both) and pain and suffering (DOHSA)

Americans with Disabilities Act Ferry Vessels Are Engaged in “Transporting People” Ferry Vessels Are Engaged in “Transporting People” That is, Embark Passengers at Point A and Carry Them to Part B for Disembarking That is, Embark Passengers at Point A and Carry Them to Part B for Disembarking Covered by Final Rule Issued by U.S. Department of Transportation on July 6, 2010 Covered by Final Rule Issued by U.S. Department of Transportation on July 6, 2010 Effective Date: November 3, 2010 Effective Date: November 3, 2010

ADA (more) DOT Rule Addresses Service Issues DOT Rule Addresses Service Issues Vessel Construction Requirements Are Being Addressed Separately by U.S. Access Board Vessel Construction Requirements Are Being Addressed Separately by U.S. Access Board Purpose of Rule – Prohibit Discrimination Against Passengers with Disabilities and Require Adjustments in Service and Policies to Accommodate Such Passengers Purpose of Rule – Prohibit Discrimination Against Passengers with Disabilities and Require Adjustments in Service and Policies to Accommodate Such Passengers

ADA (even more) Department of Justice Rule Applies to Service by Passenger Vessel Operated by Entity Not Primarily Engaged in Transporting People (i.e., dinner cruise, sightseeing vessel) Department of Justice Rule Applies to Service by Passenger Vessel Operated by Entity Not Primarily Engaged in Transporting People (i.e., dinner cruise, sightseeing vessel) U.S. Access Board will conduct visits of PVA member passenger vessels in Chicago at end of September U.S. Access Board will conduct visits of PVA member passenger vessels in Chicago at end of September

Diesel Engine Reduction Grants Pursuant to EPA’s DERA program Pursuant to EPA’s DERA program Likely to be another round of competition for grants in 4 th Quarter Likely to be another round of competition for grants in 4 th Quarter Applicant Must Demonstrate that Replacement Engines or Other Technology will Reduce Emissions Applicant Must Demonstrate that Replacement Engines or Other Technology will Reduce Emissions Competition is Conducted per EPA Region Competition is Conducted per EPA Region

California Harborcraft Rule By California Air Resources Board By California Air Resources Board Already in Effect Already in Effect Requires Engines on Most Ferries to Achieve Lower Emissions Standards by Certain Dates Requires Engines on Most Ferries to Achieve Lower Emissions Standards by Certain Dates Existing Engines Must be Made Compliant or Replaced Per a Schedule Existing Engines Must be Made Compliant or Replaced Per a Schedule

No Discharge Zones Applies to Vessel Sewage Effluent (Even if it is Treated by Marine Sanitation Device) Applies to Vessel Sewage Effluent (Even if it is Treated by Marine Sanitation Device) Established By EPA acting on a request by a State Established By EPA acting on a request by a State Most Common Basis for NDZ is Showing that Adequate Pumpout Facilities Exist (for both Recreational and Commercial Vessels) Most Common Basis for NDZ is Showing that Adequate Pumpout Facilities Exist (for both Recreational and Commercial Vessels)

No Discharge Zones (more) California Petition Currently Pending; Comment by November 1 California Petition Currently Pending; Comment by November 1 Would Declare All of California State Waters as No Discharge Zone Would Declare All of California State Waters as No Discharge Zone Would Apply to Large Oceangoing Ships (300 tons and more) Would Apply to Large Oceangoing Ships (300 tons and more) Proposed under another portion of Clean Water Act – no showing of Pumpout Facilities necessary Proposed under another portion of Clean Water Act – no showing of Pumpout Facilities necessary

Security – TWIC Readers Federal law requires a test in real-world conditions before readers can be require Federal law requires a test in real-world conditions before readers can be require Three PVA members (two ferries) are testing readers Three PVA members (two ferries) are testing readers Coast Guard would like to propose TWIC reader rule next year Coast Guard would like to propose TWIC reader rule next year PVA opposes readers for ferries PVA opposes readers for ferries

Security – “MTSA II Rule” Coast Guard working on proposal to amend, supplement existing regulations implementing Maritime Transportation Security Act Coast Guard working on proposal to amend, supplement existing regulations implementing Maritime Transportation Security Act May be proposed next year May be proposed next year Likely to include certified training requirement for Vessel and Facility Security Officers Likely to include certified training requirement for Vessel and Facility Security Officers

Thank You! Edmund B. Welch Legislative Director Passenger Vessel Association 901 North Pitt Street, Suite 100 Alexandria, VA ext 27