Washington Waves for September 9, 2024

Washington, D.C.—The Drug Enforcement Administration (DEA) announced a December 2 hearing on the proposed rescheduling of marijuana from Schedule I to Schedule III of the Controlled Substances Act, a proposal sparking concern within the maritime industry.

Scheduled to begin at 9 a.m. ET, the hearing will be held at the DEA Hearing Facility, 700 Army Navy Dr., Arlington, VA 22202. The hearing may be moved to a different location, continued from day to day or recessed to a later date without advance notice. Those interested in participating in the hearing must provide written notice by 11:59 p.m. ET on September 30.

In its announcement in the August 29 Federal Register, DEA also explained specific requirements that must be met by the notices of intention to participate. With a reference to Docket No. DEA-1362, the notices may be submitted as a PDF attachment via email to nprm@dea.gov or mailed to the Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Dr., Springfield, VA 22152, postmarked by September 30. DEA stated a determination will be made regarding participants after their written requests are assessed. DEA stated it received numerous requests for a hearing in response to a Notice of Proposed Rulemaking published on May 21.

In its response, the American Waterways Operators (AWO) said the proposed rescheduling poses significant potential consequences for federally required workplace drug testing programs that have not been considered or addressed in the proposed rulemaking. Submitted by Caitlyn Stewart, vice president for regulatory affairs, AWO’s comment warned the authority of the Department of Transportation and the Coast Guard on testing of marijuana possibly could be eliminated without new authority for the Department of Health and Human Services, where certain regulatory frameworks now rest.

For additional information, contact the DEA at 571-362-3249 or nprm@dea.gov.

DEA added that updates regarding public access will be provided at https://www.dea.gov.

WRDA 2024

Members of Congress ended a weeks-long legislative break and returned to the U.S. Capitol to face a daunting schedule to keep federal agencies open and approve must-pass bills. Those measures include the Water Resources Development Act (WRDA) 2024, a popular biennial measure that authorizes flood control, navigation and ecosystem restoration projects for the U.S. Army Corps of Engineers.

After the Senate passed its version (S. 4367) by unanimous consent following a 359-13 vote approving the House version (HR 8812), key lawmakers have been reconciling differences to reach a final version.

“Nothing specific on any potential timing right now,” a House aide said.

Lawmakers face a harder deadline on reaching agreement on a stopgap measure to avoid shutting down government agencies. Funding for the current fiscal year expires at midnight September 30. According to the House and Senate calendars, the two chambers have scheduled only13 and 15 legislative days this month.

House Speaker Mike Johnson (R-La.) could face the same challenges that led his chamber to begin their annual August break early without holding a floor vote on the Energy and Water Development spending bill, an important measure for the waterways industry.

USCG Policy Letter

The Coast Guard announced the availability of Policy Letter 24–02 “Application of Fishing Vessel Construction Requirements” that communicates its thinking on applying construction requirements for commercial fishing vessels. The policy letter can be found at Docket No. USCG-2024-0740.

In lieu of the classing requirements specified in U.S.C. 4503(a), certain fishing vessels and fish tender vessels that are between 50 and 180 feet overall in length and were built after the date of the enactment of the Coast Guard Authorization Act of 2016 may meet alternative requirements as specified in 46 U.S.C. 4503(d).

Policy Letter 24–02 provides a breakdown of the eight relevant sections of 46 U.S.C. 4503(d) which outlines various requirements related to vessel design and construction, project oversight and certification and post construction surveys, maintenance and documentation. It is essential that stakeholders such as Coast Guard authorities, vessel owner/operators, ship builders and third-party organization surveyors understand relevant parameters and applicability. For additional information, contact Joseph Myers at 571-608-5685 or Joseph.D.Myers@uscg.mil.

Miami RNA

The Coast Guard has requested comments on establishing a regulated navigation area for waters surrounding the Port of Miami to enhance the protection of increased high-risk vessel traffic and reduce the navigational hazards of mariners who operate throughout the port.

Citing an increase in traffic and vessel speeds, incidents resulting in a fatality and injuries and a growing number of near misses in recent years, the Coast Guard explained the rulemaking would establish a slow speed zone throughout Fisherman’s Channel and the Main Ship Channel for vessels less than 50 meters in length.

Comments and related material must be received by the Coast Guard by September 27. They may be submitted via Docket No. USCG-2024-0205 at https:// www.regulations.gov. For additional information, contact Lt. Stephanie Miranda at 571-610-4432 or Stephanie.LP.Miranda@uscg.mil.

Eighth District Certificates

The Eighth Coast Guard District’s Prevention Division has issued certificates of alternative compliance from the International Regulations for Preventing Collisions at Sea to vessels that cannot fully comply with provisions of 72 COLREGS without interfering with the vessel’s design and construction. Issued between April 2023 and December 2023, the Coast Guard stated, the issuance of the certificates of alternative compliance promotes its marine safety mission.

For additional information, contact Lt. Cmdr. Jessica Flennoy at 504-671-2156 or Jessica.Flennoy@uscg.mil.