Washington Waves
Washington Waves

Washington Waves

Washington, D.C.—The Coast Guard is encouraging the maritime industry to learn of the changes in policies to address sexual assault and sexual harassment (SASH) prevention. Included in the James M. Inhofe National Defense Authorization Act (NDAA) for fiscal year 2023, the new requirements are to enhance crew safety on certain commercial vessels and to prevent sexual misconduct. The Coast Guard has released policies to provide guidance on implementation of several of the new laws.

“The maritime industry should be aware of the changes,” stated the Marine Safety Information Bulletin (MSIB) Number 13-23, CH 3, which included highlights of the changes.

The Coast Guard also stated it is proposing amendments to its regulations to implement requirements included in the 2023 legislation.

To address sexual assault and sexual harassment in the maritime industry, the proposed rulemaking would require vessels to log certain information when accessing a controlled space, certain vessel owners to post information within accommodation spaces and berthing areas and vessels subject to inspection to establish and maintain a master key control system.

Additional information on reporting sexual misconduct on U.S. vessels can be found on MSIB 01-23. For additional information on the policy documents, email the Coast Guard’s Office of Commercial Vessel Compliance (CG-CVC) at flagstatecontrol@uscg.mil.

Corps Final Rule

The U.S. Army Corps of Engineers issued a final rule establishing agency specific procedures (ASPs) to implement the principles, requirements, and guidelines (PR&G) for federal water resources investments. Effective January 17, the rule provides a framework to govern how the Corps would evaluate proposed water resources investments subject to the PR&G and incorporates recommendations from interested parties.

The rule was issued in response to congressional direction in the Water Resources Development Act of 2020.

“The ASPs focus project development on maximizing net public benefits,” the Corps stated December 19 in the Federal Register.

For additional information, contact Milton Boyd at 202-761-8546 or milton.w.boyd.civ@army.mil.

New Laws

President Joe Biden signed into law bills viewed as “must pass” for the Congress that officially ended January 3. Despite reservations, Biden signed H.R. 5009, Servicemember Quality of Life Improvement and National Defense Authorization Act (NDAA) for fiscal year 2025.

Concerns expressed by the president ranged from possible interference in his constitutional authority to articulate positions of the United States in international negotiations to prohibitions on using federal funds to provide health care related to gender identity.

Biden also signed H.R. 10545, the American Relief Act, that keeps federal agencies funded through March 14.

The bill also includes disaster relief appropriations and economic assistance to farmers and extends the Agriculture Improvement Act (farm bill) of 2018.

EPA Public Meeting

The Environmental Protection Agency (EPA) will hold a public meeting January 7 in Joliet, Ill., on a proposed settlement with the Illinois Department of Natural Resources to clean up a Brandon Road Interbasin Project site.

Set to begin at 5:30 p.m. with the presentation to begin at 6 p.m., the meeting will take place at the Joliet Public Library, McGuire Room (first floor), 150 N. Ottawa St., Joliet, Ill. According to the EPA, a public comment period will end January 8.

The property to be addressed, at 1800 Channahon Road in Joliet, is to be used in the Brandon Road Interbasin Project, a $1.15 billion U.S Army Corps of Engineers project to install barriers at the Brandon Road Lock and Dam to stop invasive carp from entering the Great Lakes.

For additional information on the proposed settlement and to submit comments, visit the EPA regulations website.

Coast Guard Rule

The Coast Guard issued a final rule updating the accepted required payment method for mariner credentialing fees. Effective January 19, the National Maritime Center (NMC) and regional examination centers (RECs) will only accept user fee payments made using the Coast Guard’s merchant mariner user fee payment page on pay.gov, a secure service provided by the U.S. Department of the Treasury.

Acceptable payment methods within pay.gov include credit card, debit card and bank account routing number.

“Please note that after January 19, 2025, the NMC and RECs may no longer accept any other form of payment, including cash, check, money order or credit card, regardless of whether they are provided in person or via mail,” the NMC stated. “All payments, other than pay.gov, will be returned to the applicant, and the applicant will be required to submit a new fee payment using pay.gov. Once you have paid your fees using pay.gov, please ensure you print or save your receipt and attach the receipt to your application prior to submitting the application to NMC.”

Active-duty members of the uniformed services may be eligible for fee waivers. See CG-MMC Policy Letter 3-24. Visit the NMC website, or contact the NMC Customer Service Center by using the NMC online chat system, emailing IASKNMC@uscg.mil or calling 1-888-IASKNMC (427- 5662).

House T&I Committee

Rep. Rick Larsen (D-Wash.) was selected to continue serving as ranking member of the House Transportation and Infrastructure Committee.

“This Congress, I worked with my colleagues on T&I to implement bipartisan laws that create good-paying jobs and improve America’s infrastructure,” Larsen said. “I look forward to continuing this work in the next Congress alongside Chairman [Sam] Graves (R-Mo.) and to passing bipartisan legislation that will keep people and the economy moving while creating safer, cleaner, greener and more accessible transportation.”

Civil Penalties

Civil penalties for violations of certain federal regulations were adjusted for inflation as required by law to preserve their deterrent impact under rules issued by the Department of Transportation (DOT) and the Department of Homeland Security (DHS).

Effective December 30, the DOT rule also covers the Maritime Administration, the Great Lakes St. Lawrence Seaway Development Corporation and other agencies under DOT.

For additional information, contact Elizabeth Kohl at 202-366-7253 or elizabeth.kohl@dot.gov. Effective January 2, the rule issued by DHS covers the Coast Guard and the Transportation Security Administration.

For additional information, contact Hillary Hunnings at 202-282-9043 or hillary.hunnings@hq.dhs.gov.