1. U. S. Coast Guard Regulatory / Legislative Developments
Rear Admiral Bill Baumgartner
WISTA 2008 Annual Conference
October 2008
U.S. Coast Guard
Judge Advocate General

2. Enhancing the Coast Guard Marine Safety Program
Objective Action Progress
Improve the Coast Guard’s Marine Safety Capacity and Performance
Increase marine inspector and investigator capacity
Strengthen marine inspection and investigation consistency through addition of civilian positions
Increase accessions from U.S. Merchant Marine Academy and maritime institutions
Strengthen Marine Safety career paths
Expand professional Marine Safety training and education
Expand opportunities for maritime industry training
Enhance engineering capacity for plan review, policy, and standards development
Multiple marine safety resource proposals
Senior civilian training officer additions to all Sectors and Marine Safety Units
Doubling annual MARGRAD accessions
Auth Bill proposal for promotion targets
Increase post graduate opportunities by 50%.
Double annual industry training billets
Add billets to support plan review, policy and standards development
Enhance Service Delivery to Mariners and Industry Customers
Establish Centers of Expertise (COEs)
Improve information technology systems
Increase rulemaking capacity to meet regulatory implementation
Improve credentialing through greater efficiency, transparency and capacity
6 new COEs planned including 2 in FY08
Add IT for marine safety field personnel
Add billets to boost standards development, including 31 in FY08
NMC restructuring complete in CY08 –
Expand Outreach and Advisory Mechanisms for Industry and Communities
Establish Assistant Commandant for Marine Safety, Security, and Stewardship.
Establish a national council of maritime advisors for the Commandant.
Exercise leadership at international, national, regional, state, and local safety, security, and environmental committees.
Completed CY 08
Began series of listening sessions with maritime stakeholders
Double annual flag officer attendance at marine safety forums
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3. Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009
The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub. L. No ) provides approximately $6.2 billion for the operating expenses of the Coast Guard.
This amount includes:
the Administration’s $20.0 million request for the Marine Inspection Program, plus
an additional $23.5 million for marine safety and security missions, including —
environmental response ($2.4 million; 26 personnel (18 military, 8 civilian));
marine inspection ($6.2 million; 64 personnel (25 military, 39 civilian)); and
watchstanders ($2.5 million; 42 personnel (39 military, 3 civilian)).

4. Inspection of Towing Vessels
Coast Guard boarding about 1,500 towing vessels annually.
Looking for violations of regulations concerning licenses and manning requirements, navigation and safety equipment requirements.
Coast Guard authorized to set hours of service limits aboard towing vessels (Sec. 409, Coast Guard and Marine Transportation Act of 2004)
The Coast Guard has provided crew endurance management training for over 2,500 mariners and has published a navigation and vessel inspection circular.
Coast Guard authorized to inspect and certify towing vessels (Sec. 415, Coast Guard and Marine Transportation Act of 2004)
This requires a new subchapter in the Code of Federal Regulations and additional manpower in nearly every Coast Guard sector to enforce it.
NPRM anticipated in spring 2009.

5. Marine Casualty Investigations
Coast Guard and National Transportation Safety Board (NTSB) share authority
Coast Guard Responsibilities (all marine casualties)
Investigates cause of casualty, actions of licensed / documented mariners, actions of CG members, potential for civil or criminal action, and need for new laws or regulations to prevent future occurrences
NTSB Responsibilities (major marine casualties)
Conducted solely to determine facts, circumstances, and cause of transportation casualty and to develop safety recommendations
Joint MOU between CG / NTSB establishes guidelines for joint investigations and lays out criteria for establishing lead agency

6. Incidental Discharges
EPA extension for National Pollutant Discharge Elimination System (NPDES) vessel permit scheme expires 19 Dec 08.
Congress passed two laws in 2008 impacting vessel permits
Clean Boating Act of 2008 exempts recreational vessels from NPDES permit requirements
P.L imposes 2 year moratorium on NPDES requirements for commercial vessels less than 79 and commercial fishing vessels
Ballast Water Issues

7. Other Legislative & Regulatory Initiatives
Coast Guard Authorization Act
Regulatory Review & Reform Project
Transportation Worker Identification Credential (TWIC)
Where to report problems for enrollment?
If you have enrolled and are looking for card status, you can use the “card status online check” at //
If you haven’t gotten that far, report problems to the Lockheed Martin Helpdesk (1-866-DHS-TWIC); if no resolution, send an to TSA at and include all of your information (name, DOB, enrollment location, etc.)
Dry Cargo Residue
Merchant Mariner Medical NVIC