Safety and Environmental Protection Subcommittee
Minutes of the Meeting held
July 31, 2002
Acting Chairman and MTSNAC Liaison Charles Kurz, II called the meeting to order at 1:40 p.m. Mr. Kurz expressed appreciation to Jonathan Benner for hosting the meeting. Attendees, a list of which is attached, were invited to introduce themselves and their organizational affiliation.
Charles Kurz, II led a discussion on the current status of MTSNAC and recent changes to the composition of the Council. In particular, it was noted that 10 new members of MTSNAC have been named replacing members whose terms had expired. The subcommittee noted the need for the sponsor to brief the new members on the MTSNAC process and structure including their roles and responsibilities relative to participation in the MTSNAC meetings as well as within the subcommittees’ deliberations so as to promote continuity of the MTSNAC process. The subcommittee agreed that new members needed sufficient information on the jurisdictions of each subcommittee so as to promote their active participation in the subcommittees’ activities. The subcommittee also noted that MTSNAC members need to be provided with the term expiration dates of all members.
Relative to subcommittee meetings, the SEP subcommittee acknowledged the value of holding its meetings during the intersessional period between MTSNAC meetings so that subcommittee action and recommendations may be timely transmitted to the full Council in accordance with the rules of procedure and in sufficient time for full review by MTSNAC members prior to its next meeting. The SEP subcommittee does not schedule subcommittee meetings in conjunction with MTSNAC meetings, since action or recommendations made at that time could not be timely submitted for consideration by the full MTSNAC.
ACTION ITEM: The MTSNAC SEP subcommittee recommends that MARAD transmit a list of current MTSNAC members, including contact information and term expiration, to the full MTSNAC and all subcommittees.
ACTION ITEM: The MTSNAC SEP subcommittee recommends that MARAD provide a briefing to all new MTSNAC members relative to the MTSNAC charter, goals, organizational structure (including subcommittees), procedural process and pending activities of the Council and its subcommittees to promote an effective assimilation of new members into the overall MTSNAC process.
ACTION ITEM: The MTSNAC SEP subcommittee recommends that MTSNAC subcommittee meetings be held well in advance of MTSNAC meetings to enable timely transmission of subcommittee actions and recommendations to the full Council prior to its meeting.
Review of MTSNAC Meeting held May 13-14 2002 in New Orleans
Charles Kurz, II provided the attendees with a review of discussions and actions at the MTSNAC meeting held in New Orleans in May 2002. The subcommittee was pleased to note the Council’s passage of the criminalization of marine accidents resolution. The sponsor still needs to confirm that the resolution has been forwarded to SECDOT for action. The subcommittee noted the absence of official minutes of the New Orleans meeting and the close proximity in time of the next Council meeting (August 13/14, 2002 in Long Beach, California). The subcommittee agreed that MTSNAC minutes should be produced as quickly as possible after meetings so as to enable full review by subcommittees relative to action items and ensure that action can be taken by subcommittees for timely submission for the next MTSNAC meeting. The subcommittee also agreed that timely production of minutes was of value to MTSNAC members in order to facilitate adequate preparation for their next meeting.
The subcommittee noted the upcoming MTSNAC meeting on August 13/14, 2002 in Long Beach, California and the upcoming meeting of the Security subcommittee on August 5, 2002 at DOT Headquarters, beginning at 1000.
ACTION ITEM: The MTSNAC SEP subcommittee recommends that MARAD distribute MTSNAC meeting minutes as soon as possible after meetings to facilitate further action by subcommittees and Council members.
The subcommittee was pleased to note that the Criminalization of Maritime Accidents Resolution was passed at the May 2002 MTSNAC meeting in New Orleans. The sponsor was requested by the subcommittee to report on the status of the resolution relative to its transmission to the Secretary of Transportation and any further action necessary to support the Secretary’s action with other cabinet level departments and the EPA. The sponsor reported that a transmission letter from MTSNAC Chairman Chuck Raymond to Secretary Mineta was being drafted. Communications from MTSNAC or its sponsor to the Secretary have yet to be made. Charles Kurz, II noted the review of the criminalization issue by the Mariner Recruitment and Retention initiative was ongoing and also has received the unqualified support of SECDOT.
ACTION ITEM: The MTSNAC SEP subcommittee strongly urges prompt completion of the transmission letter from the MTSNAC Chairman to Secretary Mineta relative to MTSNAC passage of the Criminalization of Maritime Accidents resolution.
SEA – 21
Charles Kurz, II briefly described the ongoing process for SEA – 21 including the deliberations of the MTSNAC Legislative Working Group, its facilitated conference meetings, and the recommendations made by the Working Group to MTSNAC. A copy of the SEA-21 recommendations was provided to all attendees. It was also noted that the final recommendations are expected to be submitted to the Secretary of Transportation in November 2002. It was also noted by members of the subcommittee who also serve as MTSNAC members that the Council needs direction as to what will be expected at the August MTSNAC meeting, noting that a significant amount of uncertainty remained at the May MTSNAC meeting as to what the Council’s next steps for drafting SEA-21 would be. It was also noted that no recommendations specifically address issues relating to recreational boaters who make up a significant percentage of users of the MTS.
ACTION ITEM: The MTSNAC SEP subcommittee recommends that the MTSNAC Chairman and MARAD provide direction to MTSNAC on the action expected at the August meeting relative to the SEA – 21 initiative. The subcommittee also recommends that MTSNAC should consider addition of recommendations and issues of concern to recreational boaters, who represent a large proportion of users of the MTS.
Charles Kurz, II then directed the subcommittee’s attention to the four specific recommendations in the Environment and Safety area. He urged the subcommittee to fully discuss these items, recommend additions/deletions/changes to the existing text and provide elaborations on any of these issues where they would be valuable. The subcommittee was also asked to focus on concepts rather than drafting of legislative text, noting that the latter activity would be done by Legislative Working Group based on concept papers provided by interested parties. The subcommittee then embarked on an issue-by-issue discussion of the 4 recommendations, the results of which are detailed directly below.
1. Ballast Water Management Standards. The subcommittee agreed that this issue should be addressed within the context of SEA – 21 since failure to adequately address this issue could result in the potential for significant environmental and MTS efficiency impacts. All agreed that the desired goal was uniformity in national and state programs and alignment of national requirements with pending international requirements to the maximum extent possible. The subcommittee agreed that the proposed action should be broadened beyond the development of an acceptable standard to one embracing all aspects of a national ballast water management program. Language proposed for consideration as “Proposed Action” is “Develop controlling national standards for ballast water management programs that provide a foundation for effective, practicable international programs that control the harmful migration of non-indigenous aquatic organisms”. Accompanying recommended text for “Rationale for Action” is “Without a controlling national approach, the United States cannot secure international agreement on effective international standards.” The subcommittee noted that funding requirements are difficult to estimate at this time but agreed that some amount in excess of $10,000,000 would be necessary to take the recommendation through implementation. Potential funding sources include the US Coast Guard and NOAA. Specific recommendations include the creation of a national plan, development of performance standards for treatment systems and development of an experimental shipboard testing program.
ACTION ITEM: The MTSNAC SEP subcommittee recommends amendment to SEA – 21 recommendations, item E-1 (Ballast Water Standards) as noted above.
2. MARPOL Annex VI. The subcommittee agreed that this issue should NOT be included in the SEA – 21 recommendations for a number of reasons, not the least of which being the recent agreement within the Executive Branch to send a ratification package to the Senate. It was agreed however, that the subcommittee might review any implementing legislation when it becomes available to assess potential impacts on the MTS. Further, the subcommittee recommends that any additional requirements on air emissions from marine vessels be implemented through the amendment of MARPOL Annex VI.
ACTION ITEM: The MTSNAC SEP subcommittee recommends deletion of SEA – 21 recommendation, item E-2, Annex VI ratification.
3. Public Education. The SEP subcommittee agreed that this item needs to be retained in the SEA – 21 recommendations; however, the subcommittee believes that the issue of public education extends beyond the areas of safety and environmental protection. For this reason the subcommittee believes that a new area should be created within the SEA – 21 package addressing public education and awareness relative to the MTS as a whole and assigned to the Awareness subcommittee for review and comment.
ACTION ITEM: The MTSNAC SEP subcommittee recommends that the Awareness subcommittee be responsible for the creation of a new major area within the SEA – 21 package entitled “Public Education” which should encompass public education efforts across the full array of MTS issues.
4. Permit Streamlining. The SEP subcommittee supports a project streamlining recommendation to improve the coordination between public and private sectors for an MTS project to move from study to completion. Additional permit reviewers are needed. The SEP subcommittee recalled that, at the request of the ICMTS SEP, it forwarded a permit streamlining survey to the subcommittee, the full MTSNAC and the Infrastructure subcommittee, requesting comment on the level of importance members attributed to this issue. No comments were received from any participant. The SEP subcommittee concluded that either the level of importance of this issue was minimal, or the recipients of the survey were unaware of the importance of this issue. In this respect it is important to note that this issue was highlighted at virtually every regional listening session conducted by the agencies prior to initiation of the MTSNAC process. During these listening sessions, participants noted the significant delays in receiving approvals for waterway and waterside development projects and the duplication of information requests from the various national and state agencies involved in approvals for these projects. Based on these facts, the MTSNAC SEP believes that the permitting survey should be reassigned to the Infrastructure subcommittee for further review and evaluation. The SEP subcommittee suggests contacting AAPA and other interested parties with a focus on the potential for improvements in (1) consistency in packaging required information (2) jurisdictional issues and impact on resource management and (3) concerns with lack of adequate agency resources for timely review of permit applications and (4) opportunities for improved coordination between agencies and project developers.
ACTION ITEM: The MTSNAC SEP subcommittee supports retention of a project streamlining recommendation in the current SEA – 21 recommendations and further recommends reassignment of the permitting survey to the Infrastructure (I) major area for further review and evaluation by the Infrastructure subcommittee.
The subcommittee agreed that past practices of MTSNAC and ICMTS SEP subcommittee attendance was of value and should be continued. It was noted that some members of the MTSNAC SEP subcommittee also attend the ICMTS SEP meetings and likewise ICMTS SEP members have attended MTSNAC SEP subcommittee meetings. The subcommittee agreed that maintenance of close contact with the ICMTS SEP facilitates coordination of efforts, continuity of strategic direction, and sharing of ideas between the two subcommittees.
Review/Update of Pending Issues
Due to the shortness of time, the subcommittee agreed to carry over review of pending issues until the next SEP meeting. Pending issues to be carried over include fatigue/endurance management, port state control, multimedia vessel discharges, near miss reporting, recruitment and retention of mariners and ICMTS production of the environmental brochure.
Richard Legatski provided the subcommittee with a review and critique of the recent Maritime Day 2002 events sponsored by MTSNAC which were held on Capitol Hill in conjunction with the Propeller Club luncheon. MTSNAC sponsored events included MTS displays in the area near the luncheon site and a late afternoon reception. It was noted that Members and Congressional staff attendance was much improved over the 2001 event which was held on the Mall. This increase in Congressional attendance was attributed to the fact that the 2002 events were held on Capitol Hill and was more accessible to Members and Staff.
Bob Nelson noted a conflict between the MTS events and a recreational boater sponsored event which enjoyed a much higher level of attendance by Members and Congressional staff. The SEP subcommittee urged the 2003 Maritime Day planning committee to coordinate its activities so as to avoid a similar conflict again.
ACTION ITEM: The MTSNAC SEP subcommittee recommends consideration of a better coordinated schedule of events for Maritime Day 2003 including Congressional reception and possible linkage with a Congressional oversight hearing on the MTS. The subcommittee also recommends that more care be taken to avoid conflict with other scheduled events.
ACTION ITEM: The MTSNAC SEP subcommittee recommends consideration of issues to reinvigorate the MTS initiative in both the public and private sectors by convening a meeting of leaders within the public and private sectors which should include the heads of MARAD, Corps of Engineers, US Coast Guard, NOAA, deputy secretaries of Commerce and Transportation, the MTSNAC Chairman and other MTSNAC members. The meeting should address the expectations and degrees of commitment to the MTS process by each participating entity.
Maritime Security/Environmental Terrorism. The subcommittee noted the extensive work being done on maritime security issues at multiple levels within the public and private sectors. Issues of concern to subcommittee members included environmental terrorism, lack of insurance cover for acts of terrorism, and impacts on the marine environment and economy from terrorist acts. Several subcommittee members will be attending the August 5 Security subcommittee meeting and plan to table these issues at that time.
Port Security Grants Program. Michael Hokana informed the subcommittee that the next round of port security grants is forthcoming with $125,000,000 available for distribution. He also reviewed several of the programs being funded by grants from the first round noting specifically those relating to hazardous materials transport aboard barges and programs in the Columbia River and Huntington, West Virginia.
Status of MTS Video. Several participants questioned the status of the MTS video and whether it would be ready for the August MTSNAC meeting. The subcommittee expressed support for this initiative and hoped the video would be ready for distribution soon.
There were no public comments provided at this meeting.
Scheduling of the next meeting of the MTSNAC SEP subcommittee will be fixed after conclusion of the upcoming MTSNAC meeting scheduled for August 13/14, 2002 in Long Beach, California and a review of work items forthcoming from that meeting requiring deliberation by the MTSNAC SEP subcommittee.
There being no further business, the meeting was adjourned at 1645.
MTS National Advisory Council
Safety and Environmental Protection Subcommittee
Attendees to the Meeting held July 31, 2002
Name Affiliation
Jonathan Benner INTERTANKO
Bob Blair World Shipping Council
Michael Hokana MARAD
Charles Kurz, II Chamber of Shipping of America
Richard Legatski NOAA
Dan Leubecker MARAD
Kathy Metcalf Chamber of Shipping of America
Bob Nelson Boat USA
Scott Rainey American Pilots Association
Joe Stone MM&P
Ted Hartman MM&P Intern