Maritime Update

Published in the interest of the waterborne transportation industry by the Transportation Institute

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September 28 , 2007

Homeland Security Committee Approves Coast Guard Authorization Bill

On Tuesday, the House Homeland Security Committee exercised its jurisdictional prerogatives and approved H.R. 2830, the Coast Guard Authorization Act of 2007, after the panel adopted a substitute amendment. Sequentially referred to the Committee, the panel was the second to consider the legislation; the Transportation and Infrastructure Committee approved its version of the bill in late June. The substitute amendment includes a number of port security provisions in addition to those that would overhaul the agency’s Deepwater program, the 25-year modernization of the agency’s aging fleet of ships and aircraft which, according to Congressional reports, has been plagued by errors, delays and cost overruns. In addition to addressing cost overruns, design problems and defective equipment, the bill authorizes $1.2 billion for the agency’s Deepwater program, a $229 million increase over funding authorized by the Transportation and Infrastructure Committee. The substitute amendment also calls for the federal government to take a much larger role in managing the program, and full technical reviews on all proposed design and engineering proposals and changes. The bill further bans the agency from using a private sector entity as the lead integrator for the Deepwater program.

Water Resources Development Act Passes Congress

On September 24, the Senate overwhelmingly approved the conference report accompanying the Water Resources Development Act of 2007. The Senate vote of 81-2 comes on the heels of the equally strong House vote of 381-2 on August 1.

The legislation would authorize a wide array of navigation, flood control and ecosystem projects including the construction of a new Soo lock, modernization of seven locks on the Upper Mississippi and Illinois Rivers, and a number of channel deepening activities.

The Administration has threatened to veto the legislation due to the bill’s cost of some $21 billion. However, given the substantial and bipartisan support for the legislation in both chambers, Congress could override the veto.

 

 

 

 

 

 

 

 

 

 

 

 

 

Ballast Water Bill Advances in Senate

The Senate Commerce Science and Transportation Committee favorably reported the Ballast Water Management Act of 2007 in a September 27 markup session. Senator Boxer (D-CA) expressed her opposition to the bill, stating that ballast water standards should be developed by the Environmental Protection Agency under the authority of the Clean Water Act. The Senator suggested that she would take her opposition to the Senate floor if the outstanding issues could not be resolved prior to a Senate vote.

Chairman Inouye (D-HI) responded that the legislation is consistent with the recommendations advanced by the U.S. Oceans Commission to establish national standards under the jurisdiction of the U.S. Coast Guard. Vice Chairman Ted Stevens (R-AK) and Senator John Sununu (R-NH) agreed that the issue is universal in nature and requires federal preemption authority. Senator John Kerry (D-MA) commented that ballast water issues have always been administered by the U.S. Coast Guard and have never been within the scope of the Clean Water Act. Chairman Inouye pledged to continue to work with Committee members to resolve outstanding concerns. The bill was then agreed to by voice vote with Senator Boxer voting nay. The bill will now be forwarded to the full Senate; the House incorporated its ballast water language into the Coast Guard Authorization Act of 2007.

A related hearing before the Subcommittee on Fisheries, Wildlife and the Oceans of the House Natural Resources Committee examined the progress of the Aquatic Nuisance Species Task Force. Mr. Timothy R.E. Feeney, Deputy Assistant Secretary for Oceans and Atmosphere, National Oceanic and Atmospheric Administration, Department of Commerce testified that hull fouling, particularly in Hawaii offered an equal or greater threat than ballast water discharges.