Image: USACE
As we reported earlier, the huge National Defense Authorization Act for FY 2023 (NDAA), now awaiting President Biden’s signature, serves as a legislative automobile for a variety of non-defense authorizations, with the Coast Guard authorization, Maritime Administration, and Water Resources Development (WRDA) authorization being tacked onto it.
Maritime commerce associations appeared to love most of what they discovered within the 4,408 pages of the legislation.
“SCA applauds the passage of the FY23 National Defense Authorization Act (NDAA) which represents a critical investment into our national defense and domestic security,” mentioned Matthew Paxton, President of the Shipbuilders Council of America (SCA). “The $4.7 billion increase authorized in the Navy’s shipbuilding account. as well as provisions that support our U.S. Coast Guard and fund opportunities for the expansion of the U.S. shipyard industrial base and workforce development, demonstrates that Congress recognizes the industry’s capacity and readiness to support the Navy fleet.”
However, whereas the SCA says the FY23 NDAA is a constructive step towards nationwide protection belongings, it notes that the shipyard trade has been challenged by risky fleet combine numbers and projected ship restore workloads for the Navy.
“The single most critical factor in the capacity of the shipbuilding and repair industrial base today is people,” famous Paxton. “The only mechanism to make sure that the economic base is steady and resilient is thru a constant demand sign and a recognition that the price of doing enterprise has modified.
“The U.S. new construction and repair shipyards that provide 650,000 American jobs with direct economic impact in every Congressional district in the nation will meet a demand signal that is clear, consistent and predictable. Shipyards are not incentivized today to invest in facilities in an unpredictable environment with routine shifts in fleet size and mix. Moreover, once these skilled people are lost. as production lines are stopped and started, it is more and more difficult to replace them.”
WRDA
The Waterways Council notes that WRDA 2022, which stays on a biennial schedule in Congress, authorizes 33 Chief’s Reports and features a coverage provision that makes everlasting the 65% normal revenues/35% Inland Waterways Trust Fund (IWTF) cost-share for lock and dam building and main rehabilitation initiatives, a win for Waterways Council, Inc. (WCI) and its members. 65%/35% was established in WRDA 2020 because the cost-sharing formulation that was set to run out in 2031, at which era the cost-share would return to the previous formulation of a 50%/50% break up between the overall fund and IWTF. The 65%/35% ratio would permit IWTF {dollars} to assist finance extra initiatives than underneath the 50%/50% cost-share.
In addition to eradicating the cost-share sundown provision, WRDA 2022 offered flexibility to handle the Houston Ship Channel Barge Lanes. Originally licensed at 12 toes, these barge lanes have introduced navigation challenges for mariners on that a part of the system. Through working with each committees and the Corps, WCI efficiently included language in WRDA 2022 that may permit the Corps to dredge these channels to a depth deemed secure for navigation.
“Waterways Council, Inc. thanks the House and Senate for passing WRDA 2022 and appreciates its continued support of the biennial process for this important legislation,” mentioned Tracy Zea, WCI President and CEO. “This final version comes months after negotiations to reconcile House- and Senate- passed versions, and WCI thanks the chairs and ranking members, as well as all committee members for their dedication to passing WRDA. The removal of the sunset provision is critical to the nation to ensure continued reliability of our inland waterways as a transportation conduit, moving products all Americans rely on.”
MAJOR VICTORIES
The American Waterways Operators (AWO) says that the NDAA consists of a variety of important provisions that symbolize main victories for it and its coalition companions, together with the American Maritime Partnership and Waterways Council, Inc., on prime trade priorities. Among different provisions, the laws:
- Significantly tightens the Jones Act waiver course of, eliminating using blanket waivers and requiring the dedication {that a} waiver is important within the curiosity of nationwide protection to be made by the President, not the Secretary of Homeland Security;
- Allows ATBs with automated engine rooms to retain beforehand accredited crewing ranges, reversing a Coast Guard interpretation that required these vessels to hold further engineers;
- Eliminates language handed by the House earlier this yr that might have impeded the pliability of vessel house owners to make use of emergency response sources not listed of their vessel response plans;
- Eliminates language handed by the House earlier this yr that might have impeded the pliability of vessel house owners to make use of emergency response sources not listed of their vessel response plans;
- Requires the Coast Guard to check the creation of a credentialed mariner database;
- Permanently adjustments the associated fee share for inland waterways infrastructure initiatives to 65% normal Treasury-35% Inland Waterways Trust Fund; and,
- Establishes a Corps of Engineers regional dredging pilot program sought by AWO to offer the Corps extra flexibility to reply shortly to altering river circumstances requiring emergency dredging.
The invoice additionally accommodates new laws to stop and reply to sexual assault and harassment aboard business vessels. AWO says that it offered intensive enter to make sure the brand new necessities are each efficient and sensible, however feedback that “while the final language represents a significant improvement over earlier drafts, additional advocacy will be needed in the 118th Congress to address ongoing industry concerns about surveillance equipment requirements for oceangoing vessels with accommodations for more than 10 crewmembers.”
