U S Coast Guard Regulatory Legislative Developments

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

Enhancing the Coast Guard Marine Safety Program Objective Progress • Increase marine inspector and investigator capacity Improve the Coast Guard’s Marine Safety Capacity and Performance Action • Multiple marine safety resource proposals FY 08 FY 09 FY 10 • Increase accessions from U. S. Merchant Marine Academy and maritime institutions • Doubling annual MARGRAD accessions • Auth Bill proposal for promotion targets FY 08 • Expand professional Marine Safety training and education • Increase post graduate opportunities by 50%. FY 08 • Expand opportunities for maritime industry training • Double annual industry training billets FY 08 • Enhance engineering capacity for plan review, policy, and standards development • Add billets to support plan review, policy and standards development FY 10 • Establish Centers of Expertise (COEs) • 6 new COEs planned including 2 in FY 08 • Improve information technology systems • Add IT for marine safety field personnel • Increase rulemaking capacity to meet regulatory implementation • Add billets to boost standards development, including 31 in FY 08 • Improve credentialing through greater efficiency, transparency and capacity Expand Outreach and Advisory Mechanisms for Industry and Communities • Senior civilian training officer additions to all Sectors and Marine Safety Units • Strengthen Marine Safety career paths Enhance Service Delivery to Mariners and Industry Customers • Strengthen marine inspection and investigation consistency through addition of civilian positions • NMC restructuring complete in CY 08 – • Establish Assistant Commandant for Marine Safety, Security, and Stewardship. • Establish a national council of maritime advisors for the Commandant. • Exercise leadership at international, regional, state, and local safety, security, and environmental committees. • Completed CY 08 FY 10 FY 08 FY 09 FY 10 FY 08 • Began series of listening sessions with maritime stakeholders FY 08 • Double annual flag officer attendance at marine safety forums FY 08

Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 • The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub. L. No. 110329) provides approximately $6. 2 billion for the operating expenses of the Coast Guard. • This amount includes: w the Administration’s $20. 0 million request for the Marine Inspection Program, plus w 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)).

Inspection of Towing Vessels • Coast Guard boarding about 1, 500 towing vessels annually. w 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) w 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) w This requires a new subchapter in the Code of Federal Regulations and additional manpower in nearly every Coast Guard sector to enforce it. w NPRM anticipated in spring 2009.

Marine Casualty Investigations • Coast Guard and National Transportation Safety Board (NTSB) share authority • Coast Guard Responsibilities (all marine casualties) w 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) w 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

Incidental Discharges • EPA extension for National Pollutant Discharge Elimination System (NPDES) vessel permit scheme expires 19 Dec 08. http: //cfpub. epa. gov/npdes/home. cfm? program_id=350 • Congress passed two laws in 2008 impacting vessel permits w Clean Boating Act of 2008 exempts recreational vessels from NPDES permit requirements w P. L. 110 -299 imposes 2 year moratorium on NPDES requirements for commercial vessels less than 79 and commercial fishing vessels • Ballast Water Issues

Other Legislative & Regulatory Initiatives • Coast Guard Authorization Act • Regulatory Review & Reform Project • Transportation Worker Identification Credential (TWIC) w Where to report problems for enrollment? w If you have enrolled and are looking for card status, you can use the “card status online check” at http: //www. tsa. dhs. gov/twic // w If you haven’t gotten that far, report problems to the Lockheed Martin Helpdesk 1 -866 -347 -8942 (1 -866 -DHS-TWIC); if no resolution, send an e-mail to TSA at credentialing@dhs. gov and include all of your information (name, DOB, enrollment location, etc. ) • Dry Cargo Residue • Merchant Mariner Medical NVIC