30 September 2002
1:30 p.m. to 4:30 p.m.
Troutman & Sanders
401 9th Street, NW
Suite 1000
Washington, DC 20004
202-274-2880
MTSNAC Liaison Charles Kurz, II called the meeting to order at 1:44 p.m. Mr. Kurz expressed appreciation to Jonathan Benner for hosting the meeting. Mr. Ashe, Chairman, welcomed everyone and briefly emphasized the importance of our subcommittee's work in bringing to the attention of MTSNAC MTS-related safety and environmental issues needing attention. Attendees, a list of which is attached, were invited to introduce themselves and their organizational affiliation. The meeting was conducted in accordance with the agenda distributed.
Charles Kurz, II announced that the next MTSNAC meeting is to be held on 14 and 15 November at the Millennium Broadway Hotel in New York City. It is noted that the following action item from the last MTSNAC SEP meeting remains outstanding:
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.
Charles Kurz II provided the attendees with a brief review of discussions and actions at the MTSNAC meeting held in Long Beach CA in August 2002. Official minutes for this meeting have not been promulgated as of this date. The meeting was chaired by Jonathan Benner and included 10 new MTSNAC members. The major focus for this meeting was discussing concepts for SEA-21. The Secretary of Transportation desires that MTSNAC provide a SEA-21 legislative report to him by November 2002. It is not expected that SECDOT will provide to Congress any SEA-21 legislation prior to 2004. MTSNAC adopted a resolution recommending that the framework for a SEA-21 funding structure as developed by the Infrastructure Team be forwarded to SECDOT. MTSNAC adopted a second resolution requesting that SECDOT provide funding to ICMTS to conduct an MTS needs study to provide a foundation for any SEA-21 legislation.
The MTSNAC SEP Subcommittee meeting minutes of 31 July 2002 were approved. MTSNAC noted that SEP would explore the two topics of ballast water and permit streamlining for possible SEA-21 development. The SEP proposed and the MTSNAC adopted several separate resolutions, including one to reaffirm the ICMTS Memorandum of Understanding, another to have the USCG remain involved with its traditional functions even if moved to the Department of Homeland Security, and a thirdresolution to requestthat ICMTS identify MTS issues that do not require new legislation or SEA-21 funding.
The sponsor announced that the Criminalization of Marine Accidents Resolution had been submitted to SECDOT. There was some discussion as to what action the Secretary would take. The Resolution requests that SECDOT initiate discussion with Justice and EPA on relieving the situation outlined by the Resolution. Coordination with the Recruitment and Retention of Mariners Criminal Liability Working Group is necessary.
A. Permit Streamlining
The SEP subcommittee continues to support permit streamlining as an issue of importance to the MTS constituency. The SEP subcommittee recalled that, at the request of the ICMTS SEP, a permit streamlining survey was reviewed by the subcommittee. No comments were received from any participant, even though this issue was highlighted at virtually every regional listening session conducted by the agencies prior to initiation of the MTSNAC process. As previously minuted, the MTSNAC SEP has asked that the permit streamlining survey be addressed by the Infrastructure subcommittee for further action.
The MTSNAC SEP noted the 18 September 2002 Executive Order announcement that a White House Task Force had been created and charged with addressing this issue for the entire transportation infrastructure. This Executive Order underscores the importance of this issue including the fact that SECDOT is the chair of the task force. The SEP subcommittee agreed to defer any further action related to permit streamlining as an initiative of SEA-21. The SEP subcommittee agreed that the ICMTS seek representation on this cabinet-level task force.
ACTION ITEM: The MTSNAC SEP subcommittee recommends the following resolution by MTSNAC.
"MTSNAC notes the issuance of an Executive Order issued September 18, 2002 addressing transportation infrastructure project reviews and recommends that the ICMTS be kept informed of the activities and represented on the interagency Transportation Infrastructure Streamlining Task Force established by section 2(c) of the Executive Order. MTSNAC regards this Task Force as an important component of an efficient, safe, competitive, secure and environmentally sound Marine Transportation System."
B. Ballast Water Management Program
The SEP subcommittee discussed this issue noting the importance of having a national ballast water management program. This program should acknowledge the problem and its economic impact on the transportation system, the need for a mandatory approach to handling the problem, and the fact that any future approach must be based on technical standards regarding treatment systems and prescriptive measurements of effectiveness. The desired goal is uniformity in national and state programs and alignment of national requirements with pending international requirements to the maximum extent possible. The subcommittee agreed that proposed action should not wait on SEA-21 funding but be addressed immediately. The SEP subcommittee concluded that it would be better not to address this issue in the future as a SEA-21 legislative topic.
ACTION ITEM: The MTSNAC SEP subcommittee recommends that MTSNAC adopt the following resolution:
"MTSNAC recognizes that the unintentional transport of non-indigenous marine species can create severe ecological problems for ports and coastal areas. The MTSNAC supports a mandatory national program for ballast water management. Such a program should include effective and practical standards for control of non-indigenous marine species and should reflect consideration of the impact of such standards and measures on domestic and international maritime commerce of the United States."
A. ICMTS/MTSNAC SEP Interface
The subcommittee again affirmed 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. It has been awhile since the ICMTS SEP has met, and it was agreed that the MTSNAC SEP Chair meet with the leadership of the ICMTS SEP soon to discuss coordination and share ideas. This meeting has been scheduled between Glenn Ashe, Richard Legatski and Margie Hegy on 8 October at USCG Headquarters.
B. Environmental Brochure
This brochure has been forwarded to the Awareness Working Group of the ICMTS Steering Committee for further development and improvement.
A. Retirement of Richard Legatski
It was noted that Mr. Legatski of NOAA is retiring soon, and it is expected that his place on the ICMTS SEP will be taken by Margie Hegy. The MTSNAC SEP would like to wish Mr. Legatski the best in his retirement.
B. GAO Report on "Federal Financing and a Framework for Infrastructure Investments"
The recent publication of this report was noted with the recommendation that it be studied by the MTSNAC. The SEP subcommittee further recommended that the MTSNAC sponsor (MARAD) review the report and highlight relevant portions which should be taken into consideration in developing SEA-21 legislation.
ACTION ITEM: MARAD is requested to make the GAO report an agenda item at the next MTSNAC meeting in November.
C. Short Sea Shipping Conference
Mr. Hokana noted that MARAD was sponsoring a Short Sea Shipping Conference in New York City on November 12 – 13, 2002.
There were no public comments provided at this meeting.
A date for the next meeting of the MTSNAC SEP subcommittee will be fixed after the MTSNAC meeting scheduled for November 14/15, 2002 in New York City.
There being no further business, the meeting was adjourned at 1700.
Name Affiliation
Jonathan Benner INTERTANKO
Michael Hokana MARAD
Charles Kurz, II Keystone Shipping Co.
Joe Cox Chamber of Shipping of America
Bob Nelson Boat USA
David Hoskins Ocean Conservancy
Kathy Luhn The National Industrial Transportation League
Margie Hegy USCG
Glenn Ashe American Bureau of Shipping