Washington Waves for August 5, 2024
Washington, D.C.—Crediting efforts by the Biden-Harris Administration, the White House announced new private sector investments in American maritime industries. In a fact sheet, the administration said it is committed to supporting the entire American shipbuilding supply chain and enhancing security of the global maritime environment through collaboration with its allies and partners.
The administration highlighted private sector investments in the maritime industries such as the commitment by shipbuilder HD Hyundai of the Republic of Korea to accelerate its effort to support the U.S. Navy’s shipbuilding program, Louisiana-based Bollinger Shipyards’ critical role in designing and building the first heavy polar icebreaker in more than 50 years, Canada’s Davie Shipbuilding’s plan for a long-term commitment in American shipbuilding, and Finnish-based Konecranes’ plan to establish a consortium of partners to build ship-to-ship cranes in the United States to serve North American ports.
FMC Policy
The Federal Maritime Commission (FMC) adopted a statement of policy announcing it may use existing administrative investigatory authorities when reviewing the competitive effects of cooperative agreements filed at the agency.
Noting that such agreements are exempt from antitrust laws, the FMC said using its administrative investigatory authorities allows it to more rigorously review filed agreements by gathering evidence via subpoenaing witnesses and documents and by holding hearings. In addition, the FMC said it will be better prepared to present well-supported arguments in any court proceedings where it seeks to enjoin an agreement from going into or remaining in effect.
Not all filed agreements will be reviewed using the investigatory authorities, according to the FMC. The agency has the discretion to determine which agreements warrant more careful screening than others.
“Ocean carriers or marine terminal operators can work cooperatively if they have filed an agreement,” the FMC stated, adding it will determine if a filed agreement is anticompetitive using the standards found at 46 U.S.C. 41307(b). If an agreement is determined to be anticompetitive, the FMC said it can seek injunctive relief from a U.S. District Court to halt the agreement’s operation, either temporarily or permanently.
CG Comments
The U.S. Coast Guard is requesting comments on establishing port conditions and heavy weather safety zones throughout the Los Angeles-Long Beach Captain of the Port Zone to establish safe practices in the event natural or manmade disasters affect navigable waterways.
“We seek your comments on which weather or disaster parameters would necessitate changing port conditions or establishing safety zones based on individual harbors throughout the Los Angeles-Long Beach Captain of the Port Zone (COTP Zone) from San Clemente to Morro Bay,” the Coast Guard stated in the July 31 Federal Register. “The purpose of this notification of inquiry is to solicit public input to help the Coast Guard prepare to protect mariners, port infrastructure and the environment during and after extreme weather and other natural disasters.”
Comments, which must reach the Coast Guard by August 31, may be submitted via https://www.regulations.gov under Docket No. USCG-2024-0111. A virtual public meeting is planned for 10 a.m. on August 12. For additional information and to receive call-in information for the public meeting, contact Lt. Cmdr. Kevin Kinsella at 310-357-1603 or D11-SMB-SectorLALB-WWM@uscg.mil.
NMC Video
The National Maritime Center (NMC) has posted a video on its website to help guide mariners in filling out the Medical Certificate Application Form CG-719K. Capt. B.W. Clare, the commanding officer, said the video guide was created to help reduce the need for additional information when processing medical certificate applications submitted to the NMC.
“Please take a moment to check it out and let us know what you think,” Clare said, adding feedback can be sent to iasknmc@uscg.mil. The video is at https://www.dco.uscg.mil/portals/9/nmc/video/719k/index.html.
Camden Project
The Maritime Administration (MarAd) is seeking comments on a programmatic agreement on a project to reconstruct roadways within the City of Camden, N.J., Port District to improve access between the port and nearby interstates and enhance infrastructure resilience within a historically disadvantaged community.
In announcing the availability of the agreement, MarAd stated that it must be in accordance with the National Historic Preservation Act. Comments, due by September 13, may be submitted online via https://www.regulations.gov, Docket No. MARAD-2024-0102; by mail at Dockets Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor, Washington, DC 20590-0001; or by hand delivery at W12-l40, Department of Transportation, 1200 New Jersey Ave, SE, Washington, DC 20590, 202-366-9329. For additional information, contact Wendy Coble at 202-366-5088 or marad.history@dot.gov.
