The national advocate for the tugboat, towboat and barge industry.
Midwest and Ohio Valley Regions Joint Summer Meeting
August 19-20, 2009
Four Seasons Hotel – St. Louis 999 North Second Street St. Louis, MO
Table of Contents
Meeting Sponsors 4
Attendee List 7
Agenda 10
Midwest Region Board Members ____ 11
Ohio Valley Region Board Members _ 12
Midcontinent Office 2009 Priorities ______13
National 2009 Priorities 14
AWO Organizational Chart 15
Strategic Planning Task Force 16
Political Action Committee Report 20 Goals and Accomplishments, 2005-Present 21 AWO PAC At-a-Glance 22 Midwest Region PAC Totals 23 Ohio Valley Region PAC Totals 24 Permission to Solicit Form 25 PAC Pledge Form 26
Grassroots 27 Grassroots Target Report 28 Midwest Region Grassroots Meetings (By Member of Congress) 29 Midwest Region Grassroots Meetings (By AWO Member) 45 Ohio Valley Region Grassroots Meetings (By Member of Congress) 53 Ohio Valley Region Grassroots Meetings (By AWO Member) 69 Congressional Committees of Jurisdiction 74 Legislative Activity, 2008-2009 75 Congressional Calendar 78
Administration Outreach 79
Regional Issues ______83 Map of State Bills Introduced in 2009 84 Coalition to Protect the Missouri River (CPR) Commitment Form 85 AWO Comments on Chicago Sanitary and Ship Canal Fish Barrier RNA 86 West Virginia Letter: Abandoned Barges Bill _____ 90 West Virginia Letter to Office of Miners’ Health, Safety and Training: Barge Inspection Bill 93 West Virginia Letter to Secretary of State: Barge Inspection Bill 96 Letter from West Virginia Exempting Barges from Inspection Bill 97 RIETF Mission 98 March 2009 RIETF Meeting 99 Mid-America RQSC One-Pager 102 June 2009 Mid-America RQSC Meeting 103 MOU on Tank Barge Emissions between AWO and LDEQ 106 AWO Comments on EPA Tank Barge Emissions Report ______110 AWO Comments on New Orleans RNA 113
National Issues 116 AWO ASP, IVSP Approved by Coast Guard 117 Tank Vessel and Salvage Industries Meet to Discuss New Salvage and Firefighting Regulations 118 House Passes TSA Authorization Act 119 AWO Urges Changes to Proposed TWIC Card Reader Requirements 120
Biographies 121 CAPT Tom Hooper 122 CAPT Lorne Thomas 123
Mark Your Calendar: Midwest, Ohio Valley and Southern Regions Joint Annual Meeting 124
Notes Page 125
2009 Midwest and Ohio Valley Regions Joint Summer Meeting
Meeting Sponsor
Breakfast Sponsor
Osage Marine Services Inc.
Your Generosity is Greatly Appreciated
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2009 Midwest and Ohio Valley Regions Joint Summer Meeting Reception Sponsors
Your Generosity is Greatly Appreciated
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2009 Midwest and Ohio Valley Regions Joint Summer Meeting
Special Session Sponsors
Evansville Marine
Your Generosity is Greatly Appreciated
6 of 125 The American Waterways Operators 2009 Midwest and Ohio Valley Regions Joint Summer Meeting St. Louis, MO
Attendees
Adams, Jason Carr, Mark Ingram Barge Company AEP River Operations
Aldrich, Robert Colabello, William Evansville Marine Service, Inc. Marsh Inc.
Allegretti, Thomas Crowley, Steve The American Waterways Operators Marquette Transportation Co., Inc.
Anderson, LCDR Scott Cunningham, Bradley U.S. Coast Guard American Commercial Lines
Arenstam, CAPT John Daily, Larry U.S. Coast Guard Alter Barge Line, Inc.
Barndt, CAPT Luann Dewey, David U.S. Coast Guard Western Kentucky Navigation, Inc.
Barr, William Erickson, Thomas Madison Coal & Supply Company Marquette Transportation Co., Inc.
Bassow, Walt Foret, Tava Upper Mississippi Fleeting, LLC the ACTion group Companies
Binsfeld, Adam Foster, George Brennan Marine, Inc. JB Marine Service, Inc.
Buky, Jim Fritz, Bill Turn Services, Inc. Marathon Oil Company
Byers, Michael Garrett, James Crounse Corporation AEP River Operations
Carmichael, Randal Gifford, CAPT Verne Upper Mississippi Fleeting, LLC U.S. Coast Guard
Carpenter, Jennifer Gipson, C. Barry The American Waterways Operators McNational, Inc.
7 of 125 The American Waterways Operators 2009 Midwest and Ohio Valley Regions Joint Summer Meeting St. Louis, MO
Attendees
Gist, Cindi Keifer, Jeff Columbia Marine Service LLC AEP River Operations
Glenn, Steven Knight, Stan Luhr Bros., Inc. AEP River Operations
Goodwin, Robert Koenig, Cassie U.S. Department of Transportation Rushing Marine Service, L.L.C.
Gray, P. Doug Kreider, Richard Evansville Marine Service, Inc. Cargill Marine and Terminal, Inc.
Hamilton, Shara Lay, Keith Ingram Barge Company AEP River Operations
Hammond, Cathy Leavell, George Inland Marine Service Wepfer Marine, Inc.
Hancock, Bruce Manley, Jim Columbia Marine Service LLC Upper Mississippi Fleeting, LLC
Hancock, Steve Mayfield, Mark Columbia Marine Service LLC James Transportation LLC
Hecht, Alan Melvin, Darren Calumet River Fleeting, Inc. Hanson Material Service
Hendon, Glenn Miller Jr., Don Hunter Marine Mt. Vernon Marine Barge Service
Heyl, David Monahan, Michael JB Marine Service, Inc. McNational, Inc.
Hooper, CAPT Thomas Morton, Franklin U.S. Coast Guard Turn Services, Inc.
Isnardi, Molly Morton, Virginia Upper River Services Turn Services, Inc.
James, C. Ronald Muench, Lynn James Transportation LLC The American Waterways Operators
8 of 125 The American Waterways Operators 2009 Midwest and Ohio Valley Regions Joint Summer Meeting St. Louis, MO
Attendees
Murgatroyd, Bob Sehrt, David American Commercial Lines Ingram Barge Company
Neal, Emmett Southern, Baxter Crounse Corporation McGriff, Seibels & Williams of Missouri, Inc. Nelson, Lee Upper River Services Stephaich, Peter Campbell Transportation Company, Nissen, Brent Inc. American River Transportation Co. Strait, Jason Nyhuis, Frederik Western Rivers Boat Management Marathon Oil Company Inc.
O'Hara, COL Thomas Strait, Charles U.S. Army Corps of Engineers Western Rivers Boat Management Inc. Patterson, James Osage Marine Services Inc. Thomas, CAPT Lorne U.S. Coast Guard Pehler, Kent Brennan Marine, Inc. Waxler, Ted SCF Waxler Marine LLC Ploessl, Luke Brennan Marine, Inc. Wepfer, John Wepfer Marine, Inc. Roach, Mark Inland Marine Service Whitlock, W. N. American Commercial Lines Rogers, Ben The American Waterways Operators Wilken, Royce American River Transportation Co. Rushing, Mike Rushing Marine Service, L.L.C. Ziino, Julie U.S. Army Corps of Engineers Sahulte, James GE Capital Solutions
Schwalb, Dave GE Capital Solutions
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The American Waterways Operators Midwest and Ohio Valley Regions Joint Summer Meeting Agenda St. Louis, MO August 20, 2009 7:30 a.m. – 12:30 p.m.
Safety Briefing Ms. Cathy Hammond, Inland Marine Service
Call to Order Mr. George Leavell, Wepfer Marine, Inc.
Chairman’s Midwest Region Report Mr. George Leavell, Wepfer Marine, Inc.
Chairman’s Ohio Valley Region Report Mr. David G. Sehrt, Ingram Barge Company
U.S. Coast Guard Report – Eighth District CAPT Tom Hooper, U.S. Coast Guard
Strategic Plan Task Force Report: Increasing Our Effectiveness Mr. Peter H. Stephaich, Campbell Transportation Company, Inc.
U.S. Coast Guard Report – Ninth District CAPT Lorne Thomas, U.S. Coast Guard
AWO Vice Chairman’s Remarks Mr. George Foster, JB Marine Service, Inc.
U.S. Coast Guard – Sector Reports U.S. Army Corps of Engineers – District Reports Sector and District Commanders
National Report Mr. Tom Allegretti, The American Waterways Operators
Safety Update Mr. Stan Knight, AEP River Operations
Regional Report Ms. Lynn M. Muench, The American Waterways Operators
Salvage and Firefighting Regulation Update Ms. Jennifer A. Carpenter, The American Waterways Operators
Open Discussion Mr. Mike Luhr, Luhr Bros., Inc.
Adjourn Mr. David G. Sehrt, Ingram Barge Company
The national advocate for the tugboat, towboat, and barge industry
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The national advocate for the tugboat, towboat and barge industry.
AWO Directors Representing the Midwest Region
George G. Leavell (2011) – Chairman (2010) Wepfer Marine, Inc.
Michael Luhr (2010) – Vice Chairman (2010) Luhr Bros, Inc.
Mark Carr (2010) AEP River Operations
Rich Kreider (2010) Cargill Marine & Terminal, Inc.
Brent Nissen (2011) American River Transportation Co.
James “Goat” Patterson (2010) Osage Marine Services, Inc.
Gregg Thauvette (2011) The Great Lakes Group
Alternate Darren Melvin (2010) Hanson Material Service
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The national advocate for the tugboat, towboat and barge industry.
AWO Directors Representing the Ohio Valley Region
David G. Sehrt (2011) – Chairman (2011) Ingram Barge Company
Cathy Hammond (2011) – Vice Chairman (2011) Inland Marine Service
Bill Barr (2011) Madison Coal & Supply Company
Tom Erickson (2010) Marquette Transportation Co., Inc.
C. Barry Gipson (2010) McNational, Inc.
Frederik A. Nyhuis (2010) Marathon Petroleum Company
Peter Stephaich (2011) Campbell Transportation Company, Inc.
Ted Waxler (2010) SCF Waxler Marine LLC.
Alternate C. Ronald “Ronnie” James (2010) James Transportation LLC
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MIDCONTINENT OFFICE 2009 PRIORITIES
1. Continue institutionalizing the congressional grassroots program as a key component of AWO’s advocacy program. Work with AWO members in the Midwest and Ohio Valley Regions to establish and strengthen relationships with targeted members of Congress.
2. Effectively represent and serve in a leadership position for all key state legislative and regulatory actions of importance to the industry. Major focus will include vessel emissions and vessel discharges.
3. Continue to work with all key governmental agencies throughout the region to strengthen partnerships, improve communication and facilitate access to information of importance to the industry. The regional office will advocate to critical agencies that impact the industry including the U.S. Coast Guard, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the Environmental Protection Agency.
4. Manage the AWO PAC program of Midwest and Ohio Valley Regions Board members to lead and encourage AWO member support of the AWO PAC to achieve the Board-approved goals for PAC participation.
5. Lead the campaign to ensure the continuation of adequate Missouri River flows to support Mississippi River navigation by providing leadership of and support to the Coalition to Protect the Missouri River.
6. Engage the Corps, Coast Guard and the Illinois Department of Natural Resources to ensure continued safe navigation over the electric fish barrier in the Chicago Sanitary and Ship Canal.
13 of 125 MajorMajor IssueIssue ChallengesChallenges andand ObjectivesObjectives forfor 20092009
Secure early publication of a Coast Guard notice of proposed rulemaking consistent with the Towing Safety Advisory Committee recommendations on towing vessel inspection.
Defeat any proposals to increase the inland waterways user tax.
Prevent erosion of the cabotage laws and build support for the Jones Act with Congressional and Administration policymakers.
Secure a legislative or regulatory change to eliminate the requirement for a second trip to the TWIC enrollment center and ensure that DHS regulations do not require TWIC card readers on towing vessels or otherwise impair safe, secure and efficient vessel operations.
Secure a uniform and practical national approach to regulation of ballast water and other vessel discharges.
Ensure a practical, science-based approach to crew endurance, work and rest issues and work with the Coast Guard to promote widespread implementation of crew endurance management principles.
Establish and maintain effective relationships with Congressional and Administration decisionmakers whose work impacts AWO members and promote a positive industry image.
Manage the implementation of changes to the Responsible Carrier Program to strengthen the RCP and ensure a smooth transition to the forthcoming towing vessel inspection regime.
14 of 125 AWO Organizational Chart Updated 7/17/09 Tom Allegretti President & CEO
Jennifer Carpenter Lynn Muench Bob Clinton Senior Vice President – Senior Vice President – Vice President – Safety National Advocacy Regional Advocacy
Vickie Hammond Vacant Lynn Craig Jayson Larner Assistant to Coordinator – Vice President – Coordinator – the President Meetings & Finance & Information & AWO Membership Administration Technology & Chris Coakley Anne Burns Jason Lewis Nicole de Sibour Mark Wright Secretary Training Vice President – Vice President – Vice President – Vice President – Vice President – Legislative Affairs Public Affairs & Pacific Region Atlantic Region Southern Region Communications
Kelly Fitzpatrick Mary Mills Manager – Office Manager Finance & & Receptionist Administration
Years of Service to AWO
Mary McCarthy Brian Vahey Benjamin Rogers Robert McCaw Susan Miller Tom Allegretti: 24 years Jason Lewis: 4 years Government Government Government Government Government Anne Burns: 10 years Mary McCarthy: 3 years Affairs Associate Affairs Associate Affairs Associate Affairs Associate Affairs Assistant Jennifer Carpenter: 19 years Robert McCaw: 1 year Bob Clinton: 13 years Susan Miller: 1 year Chris Coakley: 4 years Mary Mills: 10 years Lynn Craig: 2 years Lynn Muench: 8 years Nicole deSibour: 1 year Benjamin Rogers: 1 year Kelly Fitzpatrick: 3 years Brian Vahey: 1 year Vickie Hammond: 9 years Mark Wright 3 months Jayson Larner: 2 years 15 of 125
Strategic Planning Task Force
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REVISED DRAFT Updated AWO 21 June 19, 2009
Vision
The American Waterways Operators is the national advocate for the U.S. tugboat, towboat and barge industry, which serves the nation as the safest, most environmentally friendly, and most economical mode of freight transportation.
Mission
The American Waterways Operators represents the people who own and operate the tugboats, towboats and barges serving the rivers, coasts, Great Lakes and harbors of the United States. AWO promotes the industry’s value to the nation as a driver of the U.S. economy with a positive impact on the American quality of life, moving vital commodities safely, providing family-wage jobs, reducing air and water pollution, relieving highway congestion, and protecting homeland security.
Values
AWO members:
• Operate their companies and vessels in an ethical manner. • Care for their employees and the public by working to improve the safety of their operations and the professionalism of their people. • Care for the environment by working to protect and improve the quality of our nation’s air and water. • Supply creative, practical, and economical solutions to their customers’ and the nation’s transportation needs. • Provide value to the nation, moving cargoes vital to the U.S. economy as the safest, most environmentally friendly and most efficient mode of freight transportation. • Value member diversity and engage in cooperative endeavors for the betterment of the industry. • Work collaboratively with government and other stakeholders to find solutions to issues of safety, security, the environment and freight mobility.
Goals
1. Promote positive public awareness of the tugboat, towboat and barge industry. 2. Lead and support AWO members in continuously improving safety, security and environmental stewardship. 3. Promote the tugboat, towboat and barge industry with the U.S. Congress and advocate for legislation and policies that benefit the industry. 4. Promote the tugboat, towboat and barge industry with the Administration and federal agencies and advocate for regulatory policies that benefit the industry.
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5. Influence priority state and federally-proposed regional initiatives that broadly affect industry interests. 6. Promptly inform and engage the membership on public policy issues. 7. Govern and manage the association effectively and efficiently.
Objectives
Goal 1: Promote positive public awareness of the tugboat, towboat and barge industry. 1.1 Develop a concise and effective value proposition to tell the industry’s story to policymakers and targeted public audiences. 1.2 Develop and implement a strategy to raise awareness of the industry’s value to the nation. 1.3 Engage members to act as ambassadors for the industry to policymakers, media, and targeted public audiences. 1.4 Use technology strategically to communicate the industry’s message. 1.5 Build and maintain relationships with targeted trade and mainstream media.
Goal 2: Lead and support AWO members in continuously improving safety, security and environmental stewardship. 2.1 Ensure AWO members continue to lead the marine transportation industry in safety and environmental stewardship. 2.2 Strengthen the Responsible Carrier Program and enhance its value to AWO members. 2.3 Establish safety and environmental goals and measure results. 2.4 Utilize and manage appropriate resources to ensure successful industry transition to Subchapter M and other federal regulations. 2.5 Convene forums and facilitate processes for improving vessel safety, protecting the environment and educating AWO members. 2.6 Manage and modernize vessel security plans.
Goal 3: Promote the tugboat, towboat and barge industry with the U.S. Congress and advocate for legislation and policies that benefit the industry. 3.1 Develop and implement an integrated strategy to achieve legislative objectives. 3.2 Build and maintain relationships with key Members of Congress and their staffs and establish AWO as the go-to organization on domestic maritime issues. 3.3 Integrate AWO members in legislative advocacy, building and leveraging grassroots relationships with Members of Congress. 3.4 Use coalitions to strengthen relationships and achieve legislative results. 3.5 Ensure a robust AWO-PAC and political support program that is integrated into AWO’s overall legislative strategy. 3.6 Establish performance measures for assessing legislative results and communicate them to members.
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Goal 4: Promote the tugboat, towboat and barge industry with the Administration and federal agencies and advocate for regulatory policies that benefit the industry. 4.1 Develop and implement an integrated strategy to position the industry positively with the Administration, including targeted federal agencies, to achieve regulatory objectives. 4.2 Build and maintain relationships with Administration officials and regulators and establish AWO as the go-to organization on domestic maritime issues. 4.3 Integrate AWO members in Administration and regulatory advocacy, building and leveraging their relationships and technical expertise. 4.4 Establish performance measures for assessing regulatory results and communicate them to members.
Goal 5: Influence priority state and federally-proposed regional initiatives that broadly affect industry interests. 5.1. Systematically monitor state and federally-proposed regional initiatives and advocate on those broadly impacting the industry. 5.2. Provide information on and advice to AWO members on advocacy challenges. 5.3. Utilize and activate AWO members, outside organizations and other resources to prosecute advocacy programs. 5.4. Proactively plan for increased or future state or federally-proposed activities.
Goal 6: Promptly inform and engage the membership on public policy issues. 6.1 Educate members about relevant public policy issues in a timely way. 6.2 Use technology effectively to engage members on issue developments. 6.3 Enhance AWO meetings to foster member engagement with and among AWO members. 6.4 Engage Board of Directors and Executive Committee members as leaders in AWO communications with members and prospective members. 6.5 Develop targeted messages and communication mechanisms aimed at educating vessel crews and shoreside personnel as appropriate to meet AWO’s strategic objectives.
Goal 7: Govern and manage the association effectively and efficiently. 7.1 Maintain a financially strong organization with adequate reserves and financial flexibility consistent with trade association best practices. 7.2 Recruit, develop and retain a quality staff to execute AWO’s mission. 7.3 Ensure high ethical standards and compliance with applicable law and regulation. 7.4 Define and communicate expectations and responsibilities of Board of Directors and Executive Committee members. 7.5 Maintain a governance structure and processes that balance effective oversight, efficient decision making, and diverse AWO member perspectives. 7.6 Ensure that the membership remains engaged in and committed to the association. 7.7 Provide a professional development program for AWO staff consistent with trade association best practices and the needs of the organization. 7.8 Utilize strategic alliances with other organizations to foster effective advocacy and efficient use of member resources.
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Political Action Committee
(PAC)
20 of 125 AWO PAC Goals and Accomplishments 2005-Present
Metric 2005-2006 Goal 2005-2006 Final 2007-2008 Goal 2007-2008 Final 2009-2010 Goal 2009-2010 To Date
PAC $ Raised $100,000.00 $106,938.00 $120,000.00 $120,260.17 $150,000.00 $44,425
% Executive Committee 100% 100% 100% 100% 100% Both AWO PAC & 77% PAC Participation Fundraiser 85% fundraiser
% Board Participation 75% 86% 100% 100% 100% Both AWO PAC & 50% PAC Fundraiser 67% fundraiser
% Membership Participation 50% 40% 50% 40% 50% AWO PAC or 20% Fundraiser
Atlantic Region Goal 50% 30% 50% 50% 50% AWO PAC or 20% + $2,550 Fundraiser and $18,000 to AWO PAC Southern Region Goal 50% 33% 50% 27% 50% AWO PAC or 16% + $22,650 Fundraiser and $68,500 to AWO PAC Midwest Region Goal 50% 34% 50% 48% 50% AWO PAC or 27% + $7,950 Fundraiser and $25,000 to AWO PAC Ohio Valley Region Goal 50% 57% 50% 54% 50% AWO PAC or 36% + $8,750 Fundraiser and $33,000 to AWO PAC Pacific Region Goal 50% 75% 50% 58% 50% AWO PAC or 14% + $350 Fundraiser and $13,000 to AWO PAC Total AWO Political Contribution $309,654.53 $404,298.30 $500,000.00 $146,500
21 of 125 PAC UPDATE
July 29, 2009
(All financials are election‐cycle‐to‐date (2009‐2010))
Receipts $44,425.00
Disbursements $41,500.00
Total raised at fundraisers ($350,000 goal) $131,000.00 Regional Metrics
Atlantic Region (41 Total Companies) Pacific Region (28 Total Companies)
Percent PTS Forms Signed 32% (13 total) Percent PTS Forms Signed 18% (5 total)
Percentage Participation 20% (8Total) Percentage Participation 14% (4 Total)
Total Contribution Goal $18,000.00 Total Contribution Goal $13,000.00
Total PAC Contribution $2,550.00 Total PAC Contribution $350
Fundraiser Contribution $6,250.00 Fundraiser Contribution $8,500.00
Midwest Region (33 Total Companies) Southern Region (125 Total Companies)
Percent PTS Forms Signed 24 % (8 total) Percent PTS Forms Signed 18 % (23 total)
Percentage Participation 27% (9 Total) Percentage Participation 16% (20 Total)
Total Contribution Goal $25,000.00 Total Contribution Goal $68,500.00
Total PAC Contribution $7,950.00 Total PAC Contribution $22,650.00
Fundraiser Contribution $11,000.00 Fundraiser Contribution $59,500.00
Ohio Valley Region (25 Total Companies) Executive Committee
Percent PTS Forms Signed 44% (11 total) AWO PAC Contribution 69% (9 total) Percentage Participation 36% (9 Total) Fundraiser Contribution 85% (11 total) Total Contribution Goal $33,000.00 Board of Directors Total PAC Contribution $8,750.00 Total PAC Contribution 50% (26 total) Fundraiser Contribution $16,700.00 Fundraiser Contribution 63% (33 total)
22 of 125 AWO Member Contributions (From individuals representing the following member companies.)
2009-2010 2009-2010 2010 2009-2010 Total PAC 2009 Contribution Contributions to 2009-2010 Region/Company Contribution to Political Financial to the AWO PAC AWO-Sponsored Participation* the AWO PAC Contribution Goal Fundraising Events
Midwest Region (33 Total) $25,000.00 $7,950.00 $0.00 $13,000.00 $20,950.00 27% AEP River Operations $5,000.00 $2,000.00 Alter Barge Line $250.00 $2,000.00 American River Transportation Co. $1,000.00 Andrie, Inc. Apex Towing Company Barge America Brennan Marine, Inc. Calumet River Fleeting, Inc. Cargill Marine & Terminal $1,000.00 Columbia Marine Service LLC Cummings Marine, Inc. Economy Boat Store Egan Marine Corporation Fitzgerald Marine & Repair, Inc. GLENMAR, INC. Great Lakes Dredge & Dock Company $1,000.00 Hannah Marine Corporation Hanson Material Service Helena Marine Service, Inc. Illinois Marine Towing, Inc. JB Marine Service, Inc. $1,700.00 $3,000.00 Kindra Lake Towing Lawson & Lawson Towing Company, Inc. Lewis & Clark Marine, Inc. Luhr Bros., Inc. Merrill Marine Services, Inc. Osage Marine Services, Inc. $1,000.00 Port City Tug, Inc. The Great Lakes Group Upper Mississippi Fleeting, LLC Upper River Services $1,000.00 Wepfer Marine, Inc. $2,000.00 23 of 125 2009-2010 2009-2010 2010 2009-2010 Total PAC 2009 Contribution Contributions to 2009-2010 Region/Company Contribution to Political Financial to the AWO PAC AWO-Sponsored Participation* the AWO PAC Contribution Goal Fundraising Events
Ohio Valley Region (Total 25) $33,000.00 $8,750.00 $0.00 $18,700.00 $27,450.00 36% American Commercial Lines, LLC $2,500.00 $6,000.00 Bray Marine, Inc. Campbell Transportation Company $2,000.00 CONSOL, Inc. Crounse Corporation DTC Marine Services, Inc. Evansville Marine Service, Inc. Falls City Marine Service, LLC Gate City River Transportation, LLC Hunter Marine $50.00 $200.00 Imperial Towing Inc. Ingram Barge Company $5,000.00 $5,500.00 Inland Marine Service $500.00 $1,000.00 James Transportation LLC D/b/a Tennessee Valley Towing (formerly James Marine, Inc.) John's Towing Service, Inc. Madison Coal & Supply $1,000.00 Marathon Petroleum Company $100.00 $1,000.00 Marquette Transportation, Co., Inc. $2,000.00 McNational, Inc. $500.00 Mt. Vernon Barge Service Ohio Valley Marine Service, Inc. Salyers Solutions, LLC $100.00 SCF Waxler Marine Superior Marine Ways, Inc. Western Kentucky Navigation Western Rivers Boat Management Inc.
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AWO PAC Permission to Solicit Form
Dear AWO Member:
Federal Election Commission (FEC) regulations require that AWO receive permission from you authorizing contact concerning contributions to the AWO PAC. Written “permission to solicit” must be obtained by AWO for each calendar year. A company may give authorization for multiple years at one time and may revoke its authorization at any time. FEC regulations also state that a corporation may not approve solicitations by more than one trade association for the same calendar year.
Please complete and submit this form as soon as possible. Thank you!
____ I, as the designated representative of my company, enroll my company in the AWO PAC for the years indicated below. I certify that my corporation has approved solicitation of individuals by the AWO PAC only and has not authorized solicitation by any other trade association. As a member of AWO PAC, our company authorizes AWO PAC to receive voluntary contributions from the company’s executive, administrative and managerial personnel. I understand that AWO PAC will not solicit employees of the company without my express permission and that I may withdraw my authorization of AWO PAC at any time.
____ I prefer not to enroll my company in the AWO PAC and do not authorize them as an eligible PAC for my company’s employee contributions.
Name: ______
Title: ______
Company: ______
Address: ______
City, State, Zip: ______
Date: ______
Signature: ______
Years Authorized (please sign by each year for which you wish to enroll):
2009______2010______
2011______2012______
2013______2014______
AWO will not directly contact your employees for contributions.
Please fax or mail your completed PTS form to: AWO PAC Attn: Susan Miller 801 North Quincy Street, Suite 200 Arlington, VA 22203 Fax: (703) 841-0389
Contributions are not deductible for Federal income tax purposes. Contributions to AWO PAC are voluntary and are used for political purposes. You may refuse to contribute without reprisal. Federal law requires AWO PAC to request and report the name, home address, occupation and employer for each person whose contributions exceed two hundred dollars ($200.00) or more in a calendar year. 25 of 125
AWO PAC Pledge Form
____ YES, I would like to contribute to AWO PAC and support the political efforts of the tugboat and barge industry!
____ NO, I am not willing to contribute to AWO PAC at this time.
Contributor Information Pledge Information
Name : ______Amount of Contribution: Chairman’s Club $5,000 Title: ______Platinum Level $2,500 Gold Level $1,000 Company: ______Silver Level $500 Bronze Level $250 Address: ______Other amount (Specify)
City, State, Zip: ______I would like to make my contribution via: Check (enclosed): Phone: Fax: Credit Card: Please bill me: E-mail address: Billing or charging Terms (Please circle one): Annually/Semi-Annually/Quarterly/Monthly/Weekly Date: ______For Credit Card Transactions: Signature: ______Card Type: Visa MasterCard
Card Number:______
Expiration Date: ______Security Code:______
Please fax or mail your completed Pledge form to: AWO PAC Attn: Susan Miller 801 North Quincy Street, Suite 200 Arlington, VA 22203 Fax: (703) 841-0389
Questions about the AWO PAC – Please contact Nicole deSibour or Susan Miller at (703) 841-9300
Contributions are not deductible for Federal income tax purposes. Contributions from corporations or foreign nationals are prohibited. Contributions to AWO PAC are voluntary and are used for political purposes. Any amount recommended is merely a guideline and you may contribute more or less than the suggested amount. AWO and any AWO member company will not favor or disadvantage anyone by reason of the amount of their contribution or their decision not to contribute. You may refuse to contribute without reprisal. Federal law requires AWO PAC to request and report the name, home address, occupation and employer for each person whose contributions exceed two hundred dollars ($200.00) or more in a calendar year.
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Grassroots
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Grassroots Target Report
August 3, 2009
Members of Congress Visited 2009-2010
Platinum/Gold Targets Nationwide Goal: 100% (110 out of 110 Members of Congress) Platinum/Gold Targets Achieved: 59% (65 out of 110 Members of Congress)
Silver Targets Nationwide Goal: 25% (31 out of 124 Members of Congress) Silver Targets Achieved: 21% (26 out of 124 Members of Congress)
Carrier Member Participation Nationwide Goal: 50% (128 out of 256 Carrier Members) Carrier Members Participation Achieved: 23% (59 out of 256 Carrier Members Have Been on Visits)
Regional Metrics
Atlantic Region Pacific Region
Platinum/Gold Goal: 100% (34 out of 34) Platinum/Gold Goal: 100% (17 out of 17) Platinum/Gold Visits: 50% (17 out of 34) Platinum/Gold Visits: 71% (12 out of 17)
Silver Goal: 25% (9 out of 34) Silver Goal: 25% (9 out of 33) Silver Visits: 24% (8 out of 34) Silver Visits: 9% (3 out of 33)
Carrier Member Goal: 50% (21 out of 42) Carrier Member Goal: 50% (14 out of 27) Carrier Member Visits: 29% (12 out of 42) Carrier Member Visits: 37% (10 out of 27)
Midwest Region Southern Region
Platinum/Gold Goal: 100% (20 out of 20) Platinum/Gold Goal: 100%: (23 out of 23) Platinum/Gold Visits: 55% (11 out of 20) Platinum/Gold Visits: 70% (16 out of 23)
Silver Goal: 25% (6 out of 23) Silver Goal: 25% (4 out of 13) Silver Visits: 9% (2 out of 23) Silver Visits: 46% (6 out of 13)
Carrier Member Goal: 50% (18 out of 36) Carrier Member Goal: 50% (62 out of 124) Carrier Member Visits: 31% (11 out of 36) Carrier Member Visits: 15% (19 out of 124)
Ohio Valley Region
Platinum/Gold Goal: 100% (16 out of 16) Platinum/Gold Visits: 56% (9 out of 16)
Silver Goal: 25% (5 out of 21) Silver Visits: 33% (7 out of 21)
Carrier Member Goal: 50% (14 out of 27) Carrier Member Visits: 26% (7 out of 27) 28 of 125 Grassroots Targets 2009-2010: Midwest Region
Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20)
Office/Committee (s) Office AWO Staff and/or Members Topic(s) Date Participant(s) Senator Blanche Brandon Ted Waxler, SCF Waxler Marine LLC* TWIC, NPDES, 4/1/09 Lincoln McBride Norb Whitlock, American Commercial Lines Lockage Tax (D-AR) (ACL)* Finance Committee David Parker, ACL* Michael Ryan, ACL* Peter Stephaich, Campbell Transportation Company, Inc.* David Fennelley, Turn Services* Lynn Muench, AWO Cynthia Jody Davenport, Economy Boat Store TWIC, NPDES, 4/23/09 Edwards Lynn Muench, AWO Lockage Tax
Page 1 of 16 As of August 3, 2009
* Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region
29 of 125 Grassroots Targets 2009-2010: Midwest Region
Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20)
Senator Mark Pryor Andrew Ted Waxler, SCF Waxler Marine LLC* TWIC, NPDES, 4/1/09 (D-AR) Grobmeyer Norb Whitlock, ACL* Lockage Tax Commerce, Science & * Transportation David Parker, ACL Committee and Michael Ryan, ACL* Homeland Security & Peter Stephaich, Campbell Transportation Governmental Affairs Company, Inc.* Committee David Fennelley, Turn Services*
Lynn Muench, AWO Jim Pitcock Jody Davenport, Economy Boat Store TWIC, NPDES, 4/23/09 Lockage Tax Lynn Muench, AWO
Senator Roland Burris (D-IL) Homeland Security & Governmental Affairs Committee Senator Dick Durbin Senator Mike Hennessey, CONSOL Energy Sales NPDES 2/26/09 (D-IL) Durbin & Company* Senate Majority Whip Sarah Mary McCarthy, AWO Neimeyer
Page 2 of 16 As of August 3, 2009
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30 of 125 Grassroots Targets 2009-2010: Midwest Region
Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20)
Senator Jim Lyons George Foster, JB Marine Service, Inc. Lockage Tax 4/1/09 Charles Grassley H. Merritt Lane III, Canal Barge Company, Inc.* (R-IA) Tim Casey, K-Sea Transportation Corp.* Finance Committee Tom Allegretti, AWO Senator Sam Brownback (R-KS) Commerce, Science & Transportation Committee Senator Carl Levin (D-MI) Homeland Security & Governmental Affairs Committee Senator Al Franken (D-MN)
Page 3 of 16 As of August 3, 2009
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31 of 125 Grassroots Targets 2009-2010: Midwest Region
Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20)
Senator Amy Charly Moore Lee Nelson, Upper River Services, LLC NPDES 2/27/09 Klobuchar (D-MN) George Leavell, Wepfer Marine, Inc. Commerce, Science & Transportation Peter Stephaich, Campbell Transportation Committee and * Environment & Company, Inc. Public Works Lynn Muench, AWO Committee Tristan Brown George Leavell, Wepfer Marine, Inc. NPDES, Lockage Tax 4/1/09 Michael Luhr, Luhr Brothers, Inc. Steven Glenn, Luhr Brothers, Inc. Mark Carr, AEP River Operations Lee Nelson, Upper River Services, LLC Chris Coakley, AWO Senator Kit Bond (R-MO) Environment & Public Works Committee
Page 4 of 16 As of August 3, 2009
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32 of 125 Grassroots Targets 2009-2010: Midwest Region
Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20)
Senator Claire Bob Burns Dave Heyl, JB Marine Service, Inc. TWIC, NPDES, 5/4/09 McCaskill Lockage Tax, Missouri (D-MO) Tina Foster, JB Marine Service, Inc. River Commerce, Science & Brent Nissen, American River Transportation Transportation Company (ARTCO) Committee and Gerry Vick, Upper Mississippi Fleeting, LLC Homeland Security & Governmental Affairs Mark Carr, AEP River Operations Committee Lynn Muench, AWO Bob Burns George Foster, JB Marine Service, Inc. Industry education 5/22/09
Dave Heyl, JB Marine Service, Inc.
Senator Herb Kohl (D-WI) Appropriations Committee
Page 5 of 16 As of August 3, 2009
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33 of 125 Grassroots Targets 2009-2010: Midwest Region
Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20)
Rep. Marion Berry Rep. Berry & George Leavell, Wepfer Marine, Inc. Lockage Tax 4/1/09 (D-AR) Anders Michael Luhr, Luhr Brothers, Inc. Appropriations Reynolds Steven Glenn, Luhr Brothers, Inc. Committee Mark Carr, AEP River Operations Lee Nelson, Upper River Services, LLC Chris Coakley, AWO Erika Chudy Jody Davenport, Economy Boat Store TWIC, NPDES, 4/23/09 Lockage Tax Lynn Muench, AWO Rep. Jerry Costello Sarah Royce Wilken, ARTCO NPDES, Lockage Tax 4/1/09 (D-IL) Blackwood Dave Heyl, JB Marine Service, Inc. Transportation & Richard Kreider, Cargill Marine and Terminal, Infrastructure Inc. Committee Molly Isnardi, Upper River Services, LLC Del Wilkins, Canal Barge Company, Inc. Mike Rushing, Rushing Marine Service, LLC** Jennifer Carpenter, AWO Rep. Costello Michael Luhr, Luhr Brothers, Inc. TWIC, Lockage Tax 5/4/09 & Mary David Heyl, JB Marine Service, Inc. Shalapin Tina Foster, JB Marine Service, Inc. Paul Wellhausen, Lewis & Clark Marine, Inc. John Niehaus, Lewis & Clark Marine, Inc. Lynn Muench, AWO
Page 6 of 16 As of August 3, 2009
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34 of 125 Grassroots Targets 2009-2010: Midwest Region
Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20)
Rep. Phil Hare (D-IL) Transportation & Infrastructure Committee Rep. Timothy Johnson (R-IL) Transportation & Infrastructure Committee Rep. Bruce Braley Pete DeKock Larry Daily, Alter Barge Line, Inc. TWIC, NPDES, 7/16/09 (D-IA) Lockage Tax Energy & Commerce Lynn Muench, AWO Committee
Page 7 of 16 As of August 3, 2009
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35 of 125 Grassroots Targets 2009-2010: Midwest Region
Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20)
Rep. Russ Carnahan Katy Dawson Royce Wilken, ARTCO NPDES, Lockage Tax, 4/1/09 (D-MO) Dave Heyl, JB Marine Service, Inc. Climate Change Transportation & Richard Kreider, Cargill Marine and Terminal, Infrastructure Inc. Committee Molly Isnardi, Upper River Services, LLC Del Wilkins, Canal Barge Company, Inc. Mike Rushing, Rushing Marine Service, LLC** Jennifer Carpenter, AWO Anna Dave Heyl, JB Marine Service, Inc. TWIC, NPDES, 5/4/09 Jinkerson Tina Foster, JB Marine Service, Inc. Lockage Tax Brent Nissen, ARTCO Gerry Vick, Upper Mississippi Fleeting, LLC Mark Carr, AEP River Operations Lynn Muench, AWO Rep. Jo Ann Emerson Frank Miller Spencer Murphy, Canal Barge Company, Inc.* NPDES, Lockage Tax 4/1/09 (R-MO) David Hanby, Jr., McDonough Marine Service* Appropriations Jeffrey L. Nightingale, Mississippi Marine Committee Corporation*** Lance Rase, Consolidated Grain & Barge, Inc.*** Cherrie Felder, Channel Shipyard Company, Inc.***
Page 8 of 16 As of August 3, 2009
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36 of 125 Grassroots Targets 2009-2010: Midwest Region
Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20)
Rep. Thomas Petri (R-WI) Transportation & Infrastructure Committee
Grassroots Targets 2009-2010: Midwest Region
Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23)
Office/Committee (s) Office AWO Staff and/or Members Topic(s) Date Participant(s) Senator Mike Johanns (R-NE) Commerce, Science & Transportation Committee Senator Ben Nelson (D-NE) Appropriations Committee
Page 9 of 16 As of August 3, 2009
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37 of 125 Grassroots Targets 2009-2010: Midwest Region
Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23)
Senator Byron Dorgan (D-ND) Commerce, Science & Transportation Committee Senator Tim Johnson (D-SD) Appropriations Committee Senator John Thune (R-SD) Ranking Member, Surface Transportation & Merchant Marine Infrastructure, Safety & Security, Subcommittee, Commerce, Science & Transportation Committee
Page 10 of 16 As of August 3, 2009
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38 of 125 Grassroots Targets 2009-2010: Midwest Region
Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23)
Rep. John Boozman (R-AR) Ranking Member, Water Resources & Environment Subcommittee, Transportation & Infrastructure Committee Rep. Daniel Lipinski (D-IL) Transportation & Infrastructure Committee Rep. Aaron Schock Rep. Schock Royce Wilken, ARTCO NPDES, Lockage Tax 4/1/09 (R-IL) & Aaron Dave Heyl, JB Marine Service, Inc. Transportation & Smith Richard Kreider, Cargill Marine and Terminal, Infrastructure Inc. Committee Molly Isnardi, Upper River Services, LLC Del Wilkins, Canal Barge Company, Inc. Mike Rushing, Rushing Marine Service, LLC** Jennifer Carpenter, AWO
Page 11 of 16 As of August 3, 2009
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39 of 125 Grassroots Targets 2009-2010: Midwest Region
Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23)
Rep. Leonard Boswell (D-IA) Transportation & Infrastructure Committee Rep. Jerry Moran (R-KS) Transportation & Infrastructure Committee Rep. Vernon Ehlers (R-MI) Transportation & Infrastructure Committee Rep. Carolyn Kilpatrick (D-MI) Appropriations Committee
Page 12 of 16 As of August 3, 2009
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40 of 125 Grassroots Targets 2009-2010: Midwest Region
Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23)
Rep. Candice Miller (R-MI) Transportation & Infrastructure Committee and Homeland Security Committee Rep. Michael Rogers (R-MI) Energy & Commerce Committee Rep. Mark Schauer (D-MI) Transportation & Infrastructure Committee Rep. Jim Oberstar (D-MN) Chair, Transportation & Infrastructure Committee
Page 13 of 16 As of August 3, 2009
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41 of 125 Grassroots Targets 2009-2010: Midwest Region
Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23)
Rep. Timothy Walz (D-MN) Transportation & Infrastructure Committee Rep. Roy Blunt (R-MO) Rep. Emmanuel Cleaver (D-MO) Homeland Security Committee Rep. Sam Graves Mike Royce Wilken, ARTCO TWIC, NPDES, 4/1/09 (R-MO) Matousek & Dave Heyl, JB Marine Service, Inc. Lockage Tax Transportation & Brooke Shupe Richard Kreider, Cargill Marine and Terminal, Infrastructure Inc. Committee Molly Isnardi, Upper River Services, LLC Del Wilkins, Canal Barge Company, Inc. Mike Rushing, Rushing Marine Service, LLC** Jennifer Carpenter, AWO Rep. Blaine Luetkemeyer (R-MO) Agriculture Committee
Page 14 of 16 As of August 3, 2009
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42 of 125 Grassroots Targets 2009-2010: Midwest Region
Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23)
Rep. David Obey (D-WI) Appropriations Committee Rep. Steve Kagen (D-WI) Transportation & Infrastructure Committee
Page 15 of 16 As of August 3, 2009
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43 of 125 Grassroots Targets 2009-2010: Midwest Region
Other Members
Copper Goal: 25% (5 out of 17) Copper Achieved: 12% (2 out of 17)
Tin Goal: 5% (2 out of 39) Tin Achieved: 3% (1 out of 39)
Office/Committee (s) Office AWO Staff and/or Members Topic(s) Date Participant(s) Senator Tom Harkin Alison Hart Larry Daily, Alter Barge Line, Inc. TWIC, NPDES, 7/16/09 (D-IA) Lockage Tax Appropriations Lynn Muench, AWO Committee Rep. Danny Davis Rep. Davis Mike Hennessey, Consol Energy* NPDES 2/26/09 (D-IL) Mary McCarthy, AWO Ways & Means Committee
Rep. John Shimkus Rep. Shimkus George Leavell, Wepfer Marine, Inc. Lockage Tax 4/1/09 (R-IL) & Grant Culp Michael Luhr, Luhr Brothers, Inc. Steven Glenn, Luhr Brothers, Inc. Mark Carr, AEP River Operations Lee Nelson, Upper River Services, LLC Chris Coakley, AWO
Page 16 of 16 As of August 3, 2009
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44 of 125 Member Participation Targets: Midwest Region 2009-2010 Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36)
Company AWO Member Office Office Topic(s) Date Participant(s) Senator Amy Klobuchar Tristan Brown NPDES & Lockage Tax 04/01/09 (D-MN) Rep. Berry & Rep. Marion Berry (D-AR) Anders NPDES, TWIC, Lockage Tax 04/01/09 AEP River Operations Mark Carr Reynolds Rep. John Shimkus (R-IL) Rep. Shimkus Lockage Tax 04/01/09 & Grant Culp Rep. Rep. Steve LaTourette LaTourette & NPDES 04/01/09 (R-OH) Kate Ostrander Senator Jim DeMint (R-SC) Hap Rigby NDPES 04/01/09 Rep. Russ Carnahan (D-MO) Anna TWIC, NPDES, Lockage Tax 05/04/09 Jinkerson Senator Claire McCaskill Bob Burns TWIC, NPDES, Lockage Tax, 05/04/09 (D-MO) Missouri River Senator Tom Harkin (D-IA) Alison Hart TWIC, NPDES, Lockage Tax 07/16/09 Alter Barge Line, Inc. Larry Daily Rep. Bruce Braley (D-IA) Pete DeKock TWIC, NPDES, Lockage Tax 07/16/09
>>> Rep. Zach Wamp (R-TN) Erin Fogleman NPDES 04/01/09 >>>>>>>>>>>>>> Mike American River Royce Wilken & Rep. Sam Graves (R-MO) Matousek & TWIC, NPDES, Lockage Tax 04/01/09 Transportation Brent Nissen Brooke Shupe Co.>>>>>>>>>>>>>> >>>>>>>> Rep. Jerry Costello (D-IL) Sarah NPDES, Lockage Tax 04/01/09 Blackwood Rep. Guthrie Rep. Bret Guthrie (R-KY) & Megan NPDES, Lockage Tax 04/01/09 Spindel Page 1 of 8 As of August 3, 2009
45 of 125 * Denotes AWO Affiliate Member Member Participation Targets: Midwest Region 2009-2010 Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36)
American River Rep. Aaron Schock (R-IL) Rep. Schock & NPDES, Lockage Tax 04/01/09 Transportation Co Aaron Smith (con’t.) Katy Dawson NPDES, Lockage Tax, Climate 04/01/09 Rep. Russ Carnahan Change (D-MO) Anna TWIC, NPDES, Lockage Tax 05/04/09 Jinkerson Senator Claire McCaskill Bob Burns TWIC, NPDES, Lockage Tax, 05/04/09 (D-MO) Missouri River
Andrie, Inc. Apex Towing Company Barge America Brennan Marine, Inc. Calumet River Fleeting, Inc. Rep. Zach Wamp (R-TN) Erin Fogleman NPDES 04/01/09 Rep. Jerry Costello (D-IL) Sarah NPDES, Lockage Tax 04/01/09 Blackwood Rep. Russ Carnahan (D-MO) Katy Dawson NPDES, Lockage Tax, Climate 04/01/09 Change Cargill Marine and Richard Kreider Rep. Aaron Schock (R-IL) Rep. Schock & NPDES, Lockage Tax 04/01/09 Terminal, Inc. Aaron Smith Rep. Guthrie Rep. Bret Guthrie (R-KY) & Megan NPDES, Lockage Tax 04/01/09 Spindel Mike Rep. Sam Graves (R-MO) Matousek & TWIC, NPDES, Lockage Tax 04/01/09 Brooke Shupe
Page 2 of 8 As of August 3, 2009
46 of 125 * Denotes AWO Affiliate Member Member Participation Targets: Midwest Region 2009-2010 Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36)
Columbia Marine Service LLC Cummings Marine, Inc. Senator Blanche Lincoln Cynthia TWIC, NPDES, Lockage Tax 04/23/09 Economy Boat Store Jody Davenport (D-AR) Edwards Senator Mark Pryor (D-R) Jim Pitcock TWIC, NPDES, Lockage Tax 04/23/09 Rep. Marion Berry (D-AR) Erika Chudy TWIC, NPDES, Lockage Tax 04/23/09 Egan Marine Corporation Evansville Marine Service, Inc. Fitzgerald Marine & Repair, Inc. GLENMAR, INC. Great Lakes Dredge & Dock Company Hannah Marine Corporation Hanson Material Service Helena Marine Service, Inc. Illinois Marine Towing, Inc. Senator Vitter George Foster, Senator David Vitter (R-LA) & Chris Business Climate, Lockage 04/01/09 JB Marine Service, Inc. Tina Foster & Stanley Tax, NPDES Dave Heyl Rep. Gene Taylor (D-MS) Rep. Taylor TWIC, NPDES, Lockage Tax 04/01/09 Rep. Bret Guthrie (R-KY) Rep. Guthrie & Megan NPDES, Lockage Tax 04/01/09 Spindel
Page 3 of 8 As of August 3, 2009
47 of 125 * Denotes AWO Affiliate Member Member Participation Targets: Midwest Region 2009-2010 Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36)
JB Marine Service, Inc. Rep. Zach Wamp (R-TN) Erin Fogleman NPDES 04/01/09 (con’t.)M Senator Charles Grassley Jim Lyons Lockage Tax 04/01/09 (R-IA) Rep. Aaron Schock (R-IL) Rep. Schock & NPDES, Lockage Tax 04/01/09 Aaron Smith Mike Rep. Sam Graves (R-MO) Matousek & TWIC, NPDES, Lockage Tax 04/01/09 Brooke Shupe Rep. John Mica (R-FL) John Rayfield TWIC, NPDES, Lockage Tax 04/01/09 Katy Dawson NPDES, Lockage Tax, Climate 04/01/09 Rep. Russ Carnahan (D-MO) Change Anna TWIC, NPDES, Lockage Tax 05/04/09 MMMMMMMMM Jinkerson Sarah NPDES, Lockage Tax 04/01/09 Blackwood Rep. Jerry Costello (D-IL) Rep. Costello MMMMMMMMMM & Mary TWIC, Lockage Tax 05/04/09 MMMMMMMMMM Shalapin MMMMMMMMMM TWIC, NPDES, Lockage Tax, 05/04/09 MMMMMMMMMM Senator Claire McCaskill Bob Burns Missouri River MMMMMMMMM (D-MO) Industry education 05/22/09 Kindra Lake Towing, LP Lawson & Lawson Towing Company, Inc. Lewis & Clark Marine, Paul Wellhausen Rep. Costello Inc. & John Niehaus Rep. Jerry Costello (D-IL) & Mary TWIC, Lockage Tax 05/04/09 Shalapin Luhr Bros., Inc. Michael Luhr & Senator Amy Klobuchar Tristan Brown NPDES & Lockage Tax 04/01/09 Steven Glenn (D-MN)
Page 4 of 8 As of August 3, 2009
48 of 125 * Denotes AWO Affiliate Member Member Participation Targets: Midwest Region 2009-2010 Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36)
Luhr Bros., Inc. Rep. Berry & (cont’d) Rep. Marion Berry (D-AR) Anders NPDES, TWIC, Lockage Tax 04/01/09 Reynolds Rep. John Shimkus (R-IL) Rep. Shimkus Lockage Tax 04/01/09 & Grant Culp Senator Jim DeMint (R-SC) Hap Rigby NPDES 04/01/09 Rep. Rep. Steve LaTourette LaTourette & NPDES 04/01/09 (R-OH) Kate Ostrander Rep. Costello Rep. Jerry Costello (D-IL) & Mary TWIC, Lockage Tax 05/04/09 Shalapin Merrill Marine Services, Inc. Osage Marine Services Inc. Port City Tug, Inc. Puerto Rico Towing & Barge Co. The Great Lakes Group U.S. United Ocean Services United Maritime Group, LLC Senator Claire McCaskill Bob Burns TWIC, NPDES, Lockage Tax, 05/04/09 Upper Mississippi Gerry Vick (D-MO) Missouri River Fleeting, LLC Rep. Russ Carnahan (D-MO) Anna TWIC, NPDES, Lockage Tax 05/04/09 Jinkerson Charly Moore NPDES 02/27/09 Upper River Services Lee Nelson & Senator Amy Klobuchar Molly Isnardi (D-MN) Tristan Brown NPDES & Lockage Tax 04/01/09 Rep. Zach Wamp (R-TN) Erin Fogleman NPDES 04/01/09
Page 5 of 8 As of August 3, 2009
49 of 125 * Denotes AWO Affiliate Member Member Participation Targets: Midwest Region 2009-2010 Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36)
Upper River Services Rep. Guthrie (con’t.) Rep. Bret Guthrie (R-KY) & NPDES, Lockage Tax 04/01/09 Megan Spindel Rep. Berry & Rep. Marion Berry (D-AR) Anders NPDES, TWIC, Lockage Tax 04/01/09 Reynolds Rep. Jerry Costello (D-IL) Sarah NPDES, Lockage Tax 04/01/09 Blackwood Rep. John Shimkus (R-IL) Rep. Shimkus Lockage Tax 04/01/09 & Grant Culp Rep. Aaron Schock (R-IL) Rep. Schock & NPDES, Lockage Tax 04/01/09 Aaron Smith
Senator Jim DeMint (R-SC) Hap Rigby NPDES 04/01/09
Rep. Rep. Steve LaTourette LaTourette & NPDES 04/01/09 (R-OH) Kate Ostrander Mike Rep. Sam Graves (R-MO) Matousek & TWIC, NPDES, Lockage Tax 04/01/09 Brooke Shupe Rep. Russ Carnahan (D-MO) Katy Dawson NPDES, Lockage Tax, Climate 04/01/09 Change Senator Amy Klobuchar Charly Moore NPDES 02/27/09 (D-MN) Tristan Brown NPDES & Lockage Tax 04/01/09 Rep. Cohen & Wepfer Marine, Inc. George Leavell Rep. Steve Cohen (D-TN) Terence NPDES, TWIC, Lockage Tax 04/01/09 Houston Rep. Berry & Rep. Marion Berry (D-AR) Anders NPDES, TWIC, Lockage Tax 04/01/09 Reynolds
Page 6 of 8 As of August 3, 2009
50 of 125 * Denotes AWO Affiliate Member Member Participation Targets: Midwest Region 2009-2010 Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36)
Wepfer Marine, Inc. Rep. John Shimkus (R-IL) Rep. Shimkus Lockage Tax 04/01/09 (cont’d) & Grant Culp Senator Jim DeMint (R-SC) Hap Rigby NPDES 04/01/09 Rep. Rep. Steve LaTourette LaTourette & NPDES 04/01/09 (R-OH) Kate Ostrander Rep. Marsha Blackburn Scott Golden TWIC, NPDES, Lockage Tax 04/21/09 (R-TN) Senator Bob Corker (R-TN) Nick TWIC, NPDES, Lockage Tax 04/21/09 Kistenmacker Senator Lamar Alexander Lora Robe TWIC, NPDES, Lockage Tax 04/21/09 (R-TN) Eagle Marine Industries, Inc.* Fincantieri Marine Group* Hile Group* Marsh Inc.* McGriff, Seibels & Williams of Missouri, Inc.* Midwest Tankermen, Inc.* MTU Detroit Diesel* Norman Brothers, Inc*. Parsonage Marine Investments, LLC* Rep. Guthrie Rushing Marine Mike Rushing Rep. Bret Guthrie (R-KY) & Megan NPDES, Lockage Tax 04/01/09 Service, L.L.C.* Spindel Rep. Zach Wamp (R-TN) Erin Fogleman NPDES 04/01/09
Page 7 of 8 As of August 3, 2009
51 of 125 * Denotes AWO Affiliate Member Member Participation Targets: Midwest Region 2009-2010 Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36)
Rushing Marine Rep. Jerry Costello (D-IL) Sarah NPDES, Lockage Tax 04/01/09 Service, L.L.C.* Blackwood (cont’d) Rep. Russ Carnahan (D-MO) Katy Dawson NPDES, Lockage Tax, Climate 04/01/09 Change Mike Rep. Sam Graves (R-MO) Matousek & TWIC, NPDES, Lockage Tax 04/01/09 Brooke Shupe Rep. Aaron Schock (R-IL) Rep. Schock & NPDES, Lockage Tax 04/01/09 Aaron Smith Thompson Coburn LLP*
Page 8 of 8 As of August 3, 2009
52 of 125 * Denotes AWO Affiliate Member Grassroots Targets 2009-2010: Ohio Valley Region
Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16)
Office/Committee (s) Office AWO Staff and/or Members Topic(s) Date Participant(s) Senator Jim Bunning Kunal Pahwa Ted Waxler, SCF Waxler Marine LLC NPDES, Lockage Tax 4/1/09 (R-KY) Norb Whitlock, American Commercial Lines (ACL) Budget Committee David Parker, ACL Michael Ryan, ACL Peter Stephaich, Campbell Transportation Company, Inc. David Fennelley, Turn Services* Lynn Muench, AWO Senator Mitch McConnell (R-KY) Senate Minority Leader
Page 1 of 16 As of August 3, 2009
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53 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16)
Senator George Voinovich (R-OH) Ranking Member, Transportation & Infrastructure Subcommittee, Environment & Public Works Committee and Homeland Security & Governmental Affairs Committee
Page 2 of 16 As of August 3, 2009
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54 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16)
Senator Arlen Specter Matthew Kelly Spencer Murphy, Canal Barge Company, Inc.* Lockage Tax, 4/1/09 (D-PA) David Hanby, Jr., McDonough Marine Service* Infrastructure Environment & Public Jeffrey L. Nightingale, Mississippi Marine Works Committee Corporation*** Lance Rase, Consolidated Grain & Barge, Inc.*** Cherrie Felder, Channel Shipyard Company, Inc.*** John Moran, Jones Walker*** Stan Caldwell Mike Somales, CONSOL Energy Sales Company TWIC, NPDES, 6/24/09 & Adam Pope Lockage Tax Lynn Muench, AWO Senator Lamar Lora Robe Ted Waxler, SCF Waxler Marine LLC TWIC, NPDES, 4/21/09 Alexander George Leavell, Wepfer Marine, Inc.* Lockage Tax (R-TN) Lynn Muench, AWO Environment & Public Works Committee Senator Robert Byrd (D-WV) Appropriations Committee
Page 3 of 16 As of August 3, 2009
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55 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16)
Senator Jay Rockefeller (D-WV) Chair, Commerce, Science & Transportation Committee Rep. Peter Visclosky (D-IN) Appropriations Committee Rep. Geoff Davis Dan Adelstein Bill Barr, Madison Coal & Supply Co. TWIC, NPDES, 4/1/09 (R-KY) Steve Crowley, Marquette Transportation Co., Inc. Lockage Tax Ways & Means Thomas Erickson, Marquette Transportation Co., Inc. Committee David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO
Page 4 of 16 As of August 3, 2009
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56 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16)
Rep. Bret Guthrie Rep. Guthrie Royce Wilken, American River Transportation Co. NPDES, Lockage Tax 4/1/09 (R-KY) & Megan (ARTCO)* Transportation & Spindel Dave Heyl, JB Marine Service, Inc.* Infrastructure Richard Kreider, Cargill Marine and Terminal, Inc.* Committee Molly Isnardi, Upper River Services, LLC* Del Wilkins, Canal Barge Company, Inc.* Mike Rushing, Rushing Marine Service, LLC*** Jennifer Carpenter, AWO Rep. John Yarmuth Lillian Pace Bill Barr, Madison Coal & Supply Co. TWIC, NPDES, Lockage 4/1/09 (D-KY) Steve Crowley, Marquette Transportation Co., Inc. Tax Budget Committee Thomas Erickson, Marquette Transportation Co., Inc. David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO Rep. Mary Jo Kilroy (D-OH) Homeland Security Committee
Page 5 of 16 As of August 3, 2009
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57 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16)
Rep. Jason Altmire Rep. Altmire Ted Waxler, SCF Waxler Marine LLC TWIC, NPDES, Lockage 4/1/09 (D-PA) & Nathan Norb Whitlock, ACL Tax Transportation & Robinson David Parker, ACL Infrastructure Michael Ryan, ACL Committee Peter Stephaich, Campbell Transportation Company, Inc. David Fennelley, Turn Services* Lynn Muench, AWO Rep. Jim Gerlach William Tighe Ted Waxler, SCF Waxler Marine LLC NPDES 4/1/09 (R-PA) Norb Whitlock, ACL Transportation & David Parker, ACL Infrastructure Michael Ryan, ACL Committee Peter Stephaich, Campbell Transportation Company, Inc. David Fennelley, Turn Services* Lynn Muench, AWO Rep. Steve Cohen Rep. Cohen & George Leavell, Wepfer Marine, Inc.* NPDES, Lockage Tax 4/1/09 (D-TN) Terence Transportation & Houston Infrastructure Committee
Page 6 of 16 As of August 3, 2009
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58 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16)
Rep. Shelley Moore Capito (R-WV) Transportation & Infrastructure Committee
Grassroots Targets 2009-2010: Ohio Valley Region
Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21)
Office/Committee (s) Office AWO Staff and/or Members Topic(s) Date Participant(s) Rep. Mike Pence (R-IN) Chair, House Republican Conference
Page 7 of 16 As of August 3, 2009
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59 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21)
Rep. Mark Souder (R-IN) Ranking Member, Border Maritime and Global Counterterrorism Subcommittee, Homeland Security Committee Rep. Harold Rogers Megan Bill Barr, Madison Coal & Supply Co. TWIC, NPDES, Lockage 4/1/09 (R-KY) O’Donnell Steve Crowley, Marquette Transportation Co., Inc. Tax Appropriations Thomas Erickson, Marquette Transportation Co., Inc. Committee David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO Rep. Steve Austria (R-OH) Homeland Security Committee
Page 8 of 16 As of August 3, 2009
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60 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21)
Rep. John Boccieri (D-OH) Transportation & Infrastructure Committee Rep. John Boehner (R-OH) Minority Leader Rep. Steve LaTourette Rep. LaTourette George Leavell, Wepfer Marine, Inc.* NPDES, Lockage Tax 4/1/09 (R-OH) & Kate Michael Luhr, Luhr Brothers, Inc.* Appropriations Ostrander Steven Glenn, Luhr Brothers, Inc.* Committee Mark Carr, AEP River Operations* Lee Nelson, Upper River Services, LLC* Chris Coakley, AWO Rep. Bob Latta (R-OH) Transportation & Infrastructure Committee Rep. Tim Ryan (D-OH) Appropriations Committee
Page 9 of 16 As of August 3, 2009
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61 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21)
Rep. Jean Schmidt Justin Bill Barr, Madison Coal & Supply Co. TWIC, NPDES, Lockage 4/1/09 (R-OH) Louchheim Steve Crowley, Marquette Transportation Co., Inc. Tax Transportation & Thomas Erickson, Marquette Transportation Co., Inc. Infrastructure David Hammond, Jr., Inland Marine Service Committee Bob Murgatroyd, ACL Susan Miller, AWO Rep. Zachary Space (D-OH) Rep. Chris Carney Aaron Davis Bill Barr, Madison Coal & Supply Co. TWIC, NPDES, Lockage 4/1/09 (D-PA) Steve Crowley, Marquette Transportation Co., Inc. Tax Transportation & Thomas Erickson, Marquette Transportation Co., Inc. Infrastructure David Hammond, Jr., Inland Marine Service Committee and Bob Murgatroyd, ACL Homeland Security Susan Miller, AWO Committee
Page 10 of 16 As of August 3, 2009
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62 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21)
Rep. Charlie Dent (R-PA) Ranking Member, Transportation Security & Infrastructure Protection, Homeland Security Committee and Transportation & Infrastructure Committee Rep. Tim Holden Keith Pemrick Ted Waxler, SCF Waxler Marine LLC NPDES 4/1/09 (D-PA) Norb Whitlock, ACL Transportation & David Parker, ACL Infrastructure Michael Ryan, ACL Committee Peter Stephaich, Campbell Transportation Company David Fennelley, Turn Services* Lynn Muench, AWO Rep. Todd Platts (R-PA) Transportation & Infrastructure Committee
Page 11 of 16 As of August 3, 2009
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63 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21)
Rep. Bill Shuster (R-PA) Transportation & Infrastructure Committee Rep. Marsha Blackburn Scott Golden Ted Waxler, SCF Waxler Marine LLC TWIC, NPDES, Lockage 4/21/09 (R-TN) George Leavell, Wepfer Marine, Inc.* Tax Lynn Muench, AWO Rep. Lincoln Davis (D-TN) Appropriations Committee Rep. Jimmy Duncan (R-TN) Transportation & Infrastructure Committee
Page 12 of 16 As of August 3, 2009
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64 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21)
Rep. Zach Wamp Erin Fogleman Royce Wilken, ARTCO* NPDES 4/1/09 (R-TN) Dave Heyl, JB Marine Service, Inc.* Appropriations Richard Kreider, Cargill Marine and Terminal, Inc.* Committee Molly Isnardi, Upper River Services, LLC* Del Wilkins, Canal Barge Company, Inc.* Mike Rushing, Rushing Marine Service, LLC*** Jennifer Carpenter, AWO Rep. Nick Rahall (D-WV) Transportation & Infrastructure Committee
Page 13 of 16 As of August 3, 2009
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65 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Other Members
Copper Goal: 25% (4 out of 15) Copper Achieved: 27% (4 out of 15)
Tin Goal: 5% (5 out of 19) Tin Achieved: 5% (1 out of 19)
Office/Committee (s) Office AWO Staff and/or Members Topic(s) Date Participant(s) Senator Robert Casey Edward Ted Waxler, SCF Waxler Marine LLC TWIC, NPDES, Lockage Tax 4/1/09 (D-PA) Williams Norb Whitlock, ACL Agriculture, Nutrition & David Parker, ACL Forestry Committee Michael Ryan, ACL Peter Stephaich, Campbell Transportation Company, Inc. David Fennelley, Turn Services* Lynn Muench, AWO Jackie Erickson Mike Somales, CONSOL Energy Sales TWIC, NPDES, Lockage Tax 6/24/09 Company Lynn Muench, AWO Senator Bob Corker Nick Ted Waxler, SCF Waxler Marine LLC TWIC, NPDES, Lockage Tax 4/21/09 (R-TN) Kistenmacker George Leavell, Wepfer Marine, Inc.* Lynn Muench, AWO
Page 14 of 16 As of August 3, 2009
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66 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Other Members
Copper Goal: 25% (4 out of 15) Copper Achieved: 27% (4 out of 15)
Tin Goal: 5% (5 out of 19) Tin Achieved: 5% (1 out of 19)
Rep. Ed Whitfield Cory Hicks Bill Barr, Madison Coal & Supply Co. TWIC, NPDES, Lockage Tax 4/1/09 (R-KY) Steve Crowley, Marquette Transportation Co., Inc. Thomas Erickson, Marquette Transportation Co., Inc. David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO Rep. Patrick Tiberi Brad Bailey Bill Barr, Madison Coal & Supply Co. TWIC, NPDES, Lockage Tax 4/1/09 (R-OH) Steve Crowley, Marquette Transportation Co., Ways & Means Inc. Committee Thomas Erickson, Marquette Transportation Co., Inc. David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO
Page 15 of 16 As of August 3, 2009
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67 of 125 Grassroots Targets 2009-2010: Ohio Valley Region
Other Members
Copper Goal: 25% (4 out of 15) Copper Achieved: 27% (4 out of 15)
Tin Goal: 5% (5 out of 19) Tin Achieved: 5% (1 out of 19)
Rep. Mike Doyle Corey Mike Somales, CONSOL Energy Sales TWIC, NPDES, Lockage Tax 6/24/09 (D-PA) O’Connor Company Lynn Muench, AWO
Page 16 of 16 As of August 3, 2009
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68 of 125 Member Participation Targets: Ohio Valley Region 2009-2010 Goal: 50% (14 of 27 Carrier Companies) Achieved: 26% (7 of 27)
Company AWO Member Office Office Topic(s) Date Participant(s) Senator Jim Bunning (R-KY) Kunal Pahwa NPDES, Lockage Tax 04/01/09 Senator Blanche Lincoln Brandon TWIC, NPDES, Lockage Tax 04/01/09 (D-AR) McBride Senator Mark Pryor (D-AR) Andrew TWIC, NPDES, Lockage Tax 04/01/09 Grobmeyer Rep. Jason Altmire (D-PA) Nathan TWIC, NPDES, Lockage Tax 04/01/09 Robinson Norbb Whitlock, Rep. Jim Gerlach (R-PA) William Tighe NPDES 04/01/09 David Parker, American Commercial Rep. Tim Holden (D-PA) Keith Pemrick NPDES 04/01/09 Michael Ryan & Lines Senator Robert Casey (D-PA) Edward TWIC, NPDES, Lockage Tax 04/01/09 Bob Murgatroyd Williams Rep. Geoff Davis (R-KY) Dan Adelstein TWIC, NPDES, Lockage Tax 04/01/09
Rep. John Yarmuth (D-KY) Lillian Pace TWIC, NPDES, Lockage Tax 04/01/09
Rep. Patrick Tiberi (R-OH) Brad Bailey TWIC, NPDES, Lockage Tax 04/01/09
Rep. Harold Rogers (R-KY) Megan TWIC, NPDES, Lockage Tax 04/01/09
O’Donnell
Rep. Jean Schmidt (R-OH) Justin TWIC, NPDES, Lockage Tax 04/01/09
Louchheim
Rep. Chris Carney (D-PA) Aaron Davis TWIC, NPDES, Lockage Tax 04/01/09 Rep. Ed Whitfield (R-KY) Cory Hicks TWIC, NPDES, Lockage Tax 04/01/09 Bray Marine, Inc. Brennan Marine, Inc. Campbell Senator Amy Klobuchar Charly Moore NPDES 02/27/09 Transportation Peter Stephaich (D-MN) Company, Inc. Senator Jim Bunning (R-KY) Kunal Pahwa NPDES, Lockage Tax 04/01/09
Page 1 of 5 As of August 3, 2009
* Denotes AWO Affiliate Member
69 of 125 Member Participation Targets: Ohio Valley Region 2009-2010 Goal: 50% (14 of 27 Carrier Companies) Achieved: 26% (7 of 27)
Campbell Senator Blanche Lincoln Brandon TWIC, NPDES, Lockage Tax 04/01/09 Transportation (D-AR) McBride Company, Inc. Senator Mark Pryor (D-AR) Andrew TWIC, NPDES, Lockage Tax 04/01/09 (cont’d)LLLLLLL Grobmeyer Rep. Altmire (D-PA) Nathan TWIC, NPDES, Lockage Tax 04/01/09 Robinson Rep. Jim Gerlach (R-PA) William Tighe NPDES 04/01/09 LLLLLLLLLLLLLLL Rep. Tim Holden (D-PA) Keith Pemrick NPDES 04/01/09 L Jackie Senator Robert Casey (D-PA) Erickson TWIC, NPDES, Lockage Tax 06/24/09 Senator Durbin Senator Dick Durbin (D-IL) & Sarah NPDES 02/26/09 Neimeyer Rep. Danny Davis (D-IL) Rep. Davis NPDES 02/26/09 CONSOL Energy Sales Mike Somales & Senator Robert Casey (D-PA) Jackie TWIC, NPDES, Lockage Tax 06/24/09 Company>> Mike Hennessey Erickson Senator Arlen Specter (D-PA) Stan Caldwell TWIC, NPDES, Lockage Tax 06/24/09 & Adam Pope Rep. Mike Doyle (D-PA) Corey TWIC, NPDES, Lockage Tax 06/24/09 >>> O’Connor Crounse Corporation DTC Marine Services, Inc.
Evansville Marine Service, Inc. Falls City Marine Service, LLC
Page 2 of 5 As of August 3, 2009
* Denotes AWO Affiliate Member
70 of 125 Member Participation Targets: Ohio Valley Region 2009-2010 Goal: 50% (14 of 27 Carrier Companies) Achieved: 26% (7 of 27)
Gate City River Transportation, LLC Hunter Marine Imperial Towing Inc. Ingram Barge Company Rep. Geoff Davis (R-KY) Dan Adelstein TWIC, NPDES, Lockage Tax 04/01/09
Rep. John Yarmuth (D-KY) Lillian Pace TWIC, NPDES, Lockage Tax 04/01/09
Rep. Patrick Tiberi (R-OH) Brad Bailey TWIC, NPDES, Lockage Tax 04/01/09
Rep. Harold Rogers (R-KY) Megan TWIC, NPDES, Lockage Tax 04/01/09 David Hammond, Inland Marine Service O’Donnell Jr. Rep. Jean Schmidt (R-OH) Justin TWIC, NPDES, Lockage Tax 04/01/09 Louchheim Rep. Chris Carney (D-PA) Aaron Davis TWIC, NPDES, Lockage Tax 04/01/09 Rep. Ed Whitfield (R-KY) Cory Hicks TWIC, NPDES, Lockage Tax 04/01/09 James Marine, Inc. John's Towing Service, Inc. Rep. Geoff Davis (R-KY) Dan Adelstein TWIC, NPDES, Lockage Tax 04/01/09 Rep. John Yarmuth (D-KY) Lillian Pace TWIC, NPDES, Lockage Tax 04/01/09 Rep. Patrick Tiberi (R-OH) Brad Bailey TWIC, NPDES, Lockage Tax 04/01/09 Madison Coal & Bill Barr Rep. Harold Rogers (R-KY) Megan TWIC, NPDES, Lockage Tax 04/01/09 Supply Company O’Donnell Rep. Jean Schmidt (R-OH) Justin TWIC, NPDES, Lockage Tax 04/01/09 Louchheim Rep. Chris Carney (D-PA) Aaron Davis TWIC, NPDES, Lockage Tax 04/01/09 Rep. Ed Whitfield (R-KY) Cory Hicks TWIC, NPDES, Lockage Tax 04/01/09 Marathon Oil Company
Page 3 of 5 As of August 3, 2009
* Denotes AWO Affiliate Member
71 of 125 Member Participation Targets: Ohio Valley Region 2009-2010 Goal: 50% (14 of 27 Carrier Companies) Achieved: 26% (7 of 27)
Rep. Geoff Davis (R-KY) Dan Adelstein TWIC, NPDES, Lockage Tax 04/01/09
Rep. John Yarmuth (D-KY) Lillian Pace TWIC, NPDES, Lockage Tax 04/01/09 Rep. Patrick Tiberi (R-OH) Brad Bailey TWIC, NPDES, Lockage Tax 04/01/09 Marquette Rep. Harold Rogers (R-KY) Megan TWIC, NPDES, Lockage Tax 04/01/09 Transportation Co., Inc. Steve Crowley & O’Donnell Thomas Erickson Rep. Jean Schmidt (R-OH) Justin TWIC, NPDES, Lockage Tax 04/01/09 Louchheim Rep. Chris Carney (D-PA) Aaron Davis TWIC, NPDES, Lockage Tax 04/01/09
Rep. Ed Whitfield (R-KY) Cory Hicks TWIC, NPDES, Lockage Tax 04/01/09 McNational, Inc. Mt. Vernon Marine Barge Service Ohio Valley Marine Service, Inc. Senator Jim Bunning (R-KY) Kunal Pahwa NPDES, Lockage Tax 04/01/09 Senator Blanche Lincoln Brandon TWIC, NPDES, Lockage Tax 04/01/09 (D-AR) McBride Senator Mark Pryor (D-AR) Andrew TWIC, NPDES, Lockage Tax 04/01/09 Grobmeyer SCF Waxler Marine Rep. Altmire (D-PA) Nathan TWIC, NPDES, Lockage Tax 04/01/09 LLC>>>\ Ted Waxler Robinson Rep. Jim Gerlach (R-PA) William Tighe NPDES 04/01/09 Rep. Tim Holden (D-PA) Keith Pemrick NPDES 04/01/09 Senator Robert Casey (D-PA) Edward TWIC, NPDES, Lockage Tax 04/01/09 Williams Senator Lamar Alexander Lora Robe NPDES, TWIC, Lockage Tax 04/21/09 (R-TN)
Page 4 of 5 As of August 3, 2009
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72 of 125 Member Participation Targets: Ohio Valley Region 2009-2010 Goal: 50% (14 of 27 Carrier Companies) Achieved: 26% (7 of 27)
SCF Waxler Marine Rep. Marsha Blackburn Scott Golden TWIC, NPDES, Lockage Tax 04/21/09 LLC (cont’d)>> (R-TN) Senator Bob Corker (R-TN) Nick TWIC, NPDES, Lockage Tax 04/21/09 >>>>>>>>>>>>>>>>> Kistenmacker Superior Marine Ways, Inc. U.S. United Barge Line
Western Kentucky Navigation, Inc. Western Rivers Boat Management Inc. Hines Furlong Line, Inc.* Jeffboat LLC* Jeppesen Marine* Marine Solutions, Inc. Salyers Solutions, LLC* W. W. Patterson Company *
Page 5 of 5 As of August 3, 2009
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73 of 125
Senate Committees and Subcommittees House Committees and Subcommittees
Coast Guard Authorization
Commerce, Science & Transportation Transportation & Infrastructure Chair: Rockefeller, RM1: Hutchison Chair: Oberstar, RM: Mica
Oceans, Atmosphere, Fisheries & Coast Guard Coast Guard & Maritime Transportation Chair: Cantwell, RM: Snowe Chair: Cummings, RM: LoBiondo
Surface Transportation and Merchant Marine Homeland Security Infrastructure, Safety & Security Chair: Thompson, RM: King Chair: Lautenberg, RM: Thune Border, Maritime & Global Counterterrorism Chair: Sanchez, RM: Souder
Army Corps of Engineers Authorization and Clean Water Act
Environment & Public Works Transportation & Infrastructure Chair: Boxer, RM: Inhofe Chair: Oberstar, RM: Mica
Transportation & Infrastructure Water Resources & Environment Chair: Baucus, RM: Isakson Chair: Johnson, RM: Boozman
Transportation Safety, Infrastructure Security & Water Quality Chair: Lautenberg, RM: Vitter
Homeland Security
Homeland Security & Governmental Affairs Homeland Security Chair: Lieberman, RM: Collins Chair: Thompson, RM: King
Coast Guard Appropriations
Appropriations Appropriations Chair: Inouye, RM: Cochran Chair: Obey, RM: Lewis
Homeland Security Homeland Security Chair: Byrd, RM: Cochran Chair: Price, RM: Rogers
Army Corps of Engineers Appropriations
Appropriations Appropriations Chair: Inouye, RM: Cochran Chair: Obey, RM: Lewis
Energy & Water Development Energy & Water Development Chair: Dorgan, RM: Bennett Chair: Visclosky, RM: Frelinghuyser
Taxes
Finance Ways & Means Chair: Baucus, RM: Grassley Chair: Rangel, RM: Camp
1 Ranking Member 74 of 125
2008‐2009 Legislative Activity
Coast Guard Authorization & Additional Maritime Legislation Senate Committee(s) / House Committee(s) / Current Legislation (111th Congress) Previous Legislation (110th Congress) Subcommittee(s) of Jurisdiction Subcommittee(s) of Jurisdiction Senate Commerce, Science and House Transportation and • S.588 Cruise Vessel Security and • S.1578 Ballast Water Management Transportation Committee Infrastructure Committee Safety Act of 2009 Act of 2007 ‐Oceans, Atmosphere, Fisheries ‐Coast Guard and Maritime • H.R.1485 Cruise Vessel Security and • S.1620 Oil Pollution Prevention and and Coast Guard (Subcommittee) Transportation (Subcommittee) Safety Act of 2009 Response Act of 2007 ‐Surface Transportation and ‐Water Resources and • S.1036 Federal Surface • S.1778 Maritime Administration Merchant Marine Infrastructure, Environment (Subcommittee) Transportation Policy and Planning Authorization Safety and Security Act of 2009 • S.1892 Coast Guard Authorization (Subcommittee) House Homeland Security • S.1124 A bill to amend Title 46, U.S. Act for fiscal year 2008 Committee Code, to modify the vessels • S.2766 Clean Boating Act of 2008 ‐Border, Maritime and Global eligible for a fishery endorsement, • H.R.5949 Clean Boating Act of 2008 Counterterrorism and for other purposes. • Water Resources Development Act (Subcommittee) • H.R.2652 To amend Title 46, U.S. • H.R.2830 Coast Guard Appropriations Code, to improve vessel safety, for fiscal year 2008 and for other purposes. • S.1194 Coast Guard Authorization Act for Fiscal Years 2010 and 2011 • S.1308 Maritime Administration Authorization Act of 2010 • S.1385 Maritime Hazardous Cargo Security Act • H.R.2200 TSA Authorization Act • H.R.2651 Maritime Workforce Development Act
75 of 125 ‐ 2 ‐
Army Corps of Engineers Authorization and Clean Water Act Senate Committee(s) / House Committee(s) / Current Legislation (111th Congress) Previous Legislation (110th Congress) Subcommittee(s) of Jurisdiction Subcommittee(s) of Jurisdiction Senate Environment and Public House Transportation and • S.787 Clean Water Restoration Act Works Committee Infrastructure Committee ‐Transportation and Infrastructure ‐Water Resources and (Subcommittee) Environment (Subcommittee)
Federal Tax Legislation Senate Committee(s) / House Committee(s) / Current Legislation (111th Congress) Previous Legislation (110th Congress) Subcommittee(s) of Jurisdiction Subcommittee(s) of Jurisdiction Senate Finance Committee House Ways and Means • S.551 A bill to amend the Internal Committee Revenue Code of 1986 to exempt certain shipping from the harbor maintenance tax. • H.R.3049 To amend the Internal Revenue Code of 1986 to modify the application of the tonnage tax on vessels operating in the dual United States domestic and foreign trades, and for other purposes.
Army Corps of Engineers and Coast Guard Appropriations Senate Committee(s) / House Committee(s) / Current Legislation (111th Congress) Previous Legislation (110th Congress) Subcommittee(s) of Jurisdiction Subcommittee(s) of Jurisdiction Senate Appropriations Committee House Appropriations • H.R.1 American Recovery and • Homeland Security Appropriations ‐Homeland Security Committee Reinvestment Act of 2009 (Subcommittee) ‐Homeland Security • S.Con.Res.13 Concurrent Resolution ‐Energy and Water Development (Subcommittee) on the Budget FY 2010 (Subcommittee) ‐Energy and Water Development • H.Con.Res.85 Concurrent Resolution (Subcommittee) on the Budget FY 2010 Senate Budget Committee House Budget Committee
76 of 125 ‐ 3 ‐
Hydroelectric Projects Senate Committee(s) / House Committee(s) / Current Legislation (111th Congress) Previous Legislation (110th Congress) Subcommittee(s) of Jurisdiction Subcommittee(s) of Jurisdiction Senate Commerce, Science and House Energy and Commerce • H.R.2938 To extend the deadline for Transportation Committee Committee commencement of construction of a hydroelectric project.
Oil Pollution Act of 1990 Senate Committee(s) / House Committee(s) / Current Legislation (111th Congress) Previous Legislation (110th Congress) Subcommittee(s) of Jurisdiction Subcommittee(s) of Jurisdiction Senate Commerce, Science and House Science and Technology • H.R.2693 Federal Oil Spill Research Transportation Committee Committee Program Act ‐Energy and Environment • S.684 Oil Pollution Prevention and (Subcommittee) Response Act of 2009 • S.685 Oil Spill Prevention Act of 2009
77 of 125 2009 CONGRESSIONAL CALENDAR February March April Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1234567 1234567 12 34 Easter Recess 89101112131489101112131456789 1011
President’s Day Recess Easter Recess 15 16 17 18 19 20 21 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30
May June July Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa Independence Day Recess 12 123456 12 34 3456789 7891011121356789 1011 10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25
Memorial Day Recess Independence Day Recess 24/31 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 SRMilDRSR
August September October Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa
Summer Recess 1 12345 1 23
Summer Recess 2345678 678910111245678 910
Summer Recess 91011121314151314151617181911121314151617 Summer Recess
78 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24
of Summer Recess House
125 Adjourns 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 Note: Senate adjournment TBA
Administration Outreach
79 of 125 AWO Administration/Agency Outreach 2009 Agency Title Name Notes
National/DC
White House Senior Advisor to the President Peter M. Rouse Multiple TAA conversations re. budget/lockage fee.
CEQ Chair Nancy Sutley TAA/JAC meeting with Mike Boots, Associate Director for Air and Water Ecosystems, on 7/15. JAC participated in Interagency Ocean Policy Task Force roundtable on 7/27.
Corps Commanding General LTG Robert L. Van Antwerp
Corps Assistant Secretary of the Army for Jo-Ellen Darcy (nominated) Coordinate outreach with WCI when Darcy is Civil Works confirmed.
DHS Secretary Janet Napolitano Letter requesting meeting sent 2/23. DHS recommends postponing meeting until new TSA Administrator is appointed
DHS Assistant Secretary for the Private Al Martinez-Fonts (leaving end of JAC meeting 3/4 with Martinez-Fonts, Tracy Hannah Sector Office March). Successor TBD. Deputy is and John Leyden (Office of Policy) to discuss Tracy Hannah (Obama inspection NPRM, TWIC card reader ANPRM. appointee/Napolitano associate from AZ).
DHS Assistant Secretary (acting), Office of Richard Barth John Leyden participated in 3/4 meeting with JAC to Policy discuss inspection NPRM
DOT Secretary Ray LaHood Meeting with TAA/JAC 3/25.
EPA Administrator Lisa P. Jackson TAA/JAC meeting originally set for 7/30, to be rescheduled at Jackson's request for August date TBD.
EPA Assistant Administrator for Water Peter Silva (nominated) Will attend August meeting with Administrator Michael H. Shapiro (acting) Jackson if confirmed by that date.
MARAD Administrator David Matsuda named Deputy 5/1 letter to DOT Secretary LaHood endorsing Administrator and Acting Denise Krepp. Administrator 7/28.
NTSB Chairman Deborah Hersman Field trip with Canal Barge/Marathon/JAC 3/16-17. Will invite her to attend or send representative to 8/4 briefing on Northwestern University CEMS research (see entry for Jack Spencer below).
NTSB Member Mark Rosenker (will step down after JAC/BLC met with him 11/08. an additional Board Member is confirmed)
NTSB Board member Robert Sumwalt
NTSB Director of Marine Safety Jack Spencer Maintain regular contact. JAC/BLC last meeting was 11/08. Worked closely with deputy Jim Scheffer to plan Hersman field trip. Next meeting set for 8/4 to brief Spencer and marine staff on Northwestern University CEMS research.
80 of 125 OMB Associate Director for Natural Sally Ericsson TAA/JAC meeting with Ericsson and Gene Ebner, Resources, Energy and Science Water and Power Branch Chief, re. lockage tax 5/12. Summer follow-up meeting planned re. Capital Projects Business Model process.
OMB/OIRA Policy analyst for CG programs TBD JAC will meet with him/her when inspection NPRM arrives at OMB.
TSA Assistant Secretary/Administrator Gale Rossides [acting]; Obama High priority when appointed appointee TBD
TSA Director, Maritime and Surface Maurine Fanguy JAC/BWV maintain regular contact Credentialing, Office of Transportation Threat Assessment and Credentialing
TSA General Manager, Operations, Office Stephen Sadler Maintain regular contact of Transportation Threat Assessment and Credentialing
USCG Commandant ADM Thad Allen Meeting with TAA and Tim Casey 8/4.
USCG Vice Commandant VADM David Pekoske (will relieve TAA to attend Change of Watch ceremony 8/7. VADM Vivien Crea on 8/7)
USCG Chief of Congressional Affairs CAPT Karl Shultz AWO guest at 4/28 Propeller Club Salute to Congress. JAC/CAC meeting 4/30.
USCG Assistant Commandant for Marine RADM Brian Salerno Maintain regular contact. TAA/JAC lunch 7/15. Safety, Security, and Stewardship Safety Partnership National QSC meeting 8/5.
USCG Director of Commercial Regulations & Jeff Lantz Maintain regular contact. JAC last meeting was Standards 2/10/09.
USCG Assistant Commandant for RDML C. E. Michel Set up meeting with TAA/JAC/CAC late Government and Public Affairs summer/early fall.
USCG Director of Prevention Policy RDML Kevin Cook TAA meeting 6/19. TAA/JAC lunch 7/15. Safety Partnership National QSC meeting 8/5.
USCG Chief, Office of Vessel Activities CAPT Eric Christensen Maintain regular contact. JAC last meeting was 6/25.
USCG Chief, Office of Operating and CAPT Russ Proctor JAC introductory meeting set for 8/10. Environmental Standards
USCG Administrator, Bridge Program Hala Elgaaly
Midwest & Ohio Valley Regions
Corps Mississippi Valley Division (MVD) BG Mike Walsh Not engaged with navigation industry Commander
Corps MVD Deputy Director, Regional Jim Hannon (Previous MSV Chief, Ongoing conversations Business Operations)
Corps St. Louis District Commander COL Thomas E. O'Hara, Jr. New 08
Corps St. Paul District Commander COL Jon L. Christensen
Corps Rock Island District Commander COL Shawn McGinley New July 09
Corps Great Lakes and Ohio River Division MG John Peabody Engaged with RIETF (LRD) Commander
81 of 125 Corps LRD Chief, Operations Bill Chapman Ongoing conversations
Corps Chicago District Commander COL Vincent Quarles Ongoing dialogue on the fish barrier
Corps Northwestern Division Director of Witt Anderson Interface at MRRIC Programs
Corps Kansas City District Commander COL Roger A. Wilson, Jr. Ongoing dialogue on the MO River
Corps Omaha District Commander COL David Press
DOT MARAD - Midcontinent Director Bob Goodwin
EPA Region Five Administrator (IL, IN, MI, Bharat Mathur [Acting] MN, OH, WI)
EPA Region Seven Administrator (IA, KA, William W. Rice [Acting] MO, NE)
EPA Region Eight Administrator (CO, MT, Carol Rushin [Acting] ND, SD, UT, WY)
IECR Senior Program Manager, Sarah Palmer Interface at MRRIC U.S. Institute for Environmental Conflict Resolution
USCG Eighth District Commander RADM Mary Landry New June 09 - RQSC/RIETF Meeting June 09 & Leader member meeting July 09
USCG Eighth District Chief, Western Rivers CAPT Tom Hooper RQSC, RIETF, Ongoing dialogues
USCG Eighth District Chief, Prevention CAPT Verne Gifford RQSC, Ongoing dialogues
USCG Eighth District Bridge Administrator Roger Wiebusch
USCG Sector Ohio Valley Commander CAPT Hung M. Nguyen Ongoing discussions
USCG MSU Huntington Commander CDR Chris Palmer New July 09
USCG MSU Paducah Commander CDR Claudia Gelzer New August 09
USCG MSU Pittsburgh Commander CDR Richard V. Timme New June 09
USCG Sector Lower MS Commander CAPT Michael S. Gardiner Ongoing contact
USCG Sector Upper MS Commander CAPT Steven Hudson Ongoing contacts
USCG Ninth District Commander RDML Peter V. Neffenger RIETF Chair
USCG Ninth District Chief, Prevention CAPT Lorne Thomas RIETF, Ongoing dialogues
USCG Sector Lake Michigan Commander CAPT Luann Barndt New July 09 - Lunch will be held in Aug-Sept
USCG MSU Chicago Commander CDR Robert Eugene Bailey New July 09
USCG Supervisor, Towing Center of CDR Greg Case Attended RIETF Meeting in March 09 - COE opened Expertise Paducah in July 09
USFWS Geographical Supervisor, Henry Maddux Interface at MRRIC U.S. Fish & Wildlife Service, Denver Federal Center
82 of 125
Regional Issues
83 of 125 Legislative Report
Number of Bills:455
Dark Blue (High): >8 Blue (Med) Light Blue (Low): <3
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84 of 125 The American Waterways Operators www.americanwaterways.com
Midcontinent Office Lynn M. Muench 1113 Mississippi Avenue Senior Vice President –Regional Advocacy Suite 108 St. Louis, MO 63104
Phone: (314) 446-6474 Fax: (314) 446-6479 E-mail: [email protected]
The Coalition To Protect the Missouri River (CPR) 2009 Commitment Form
Member Company ______
Contact ______
Signature ______
Contact’s Email Address ______
_____ Check here if you do not want updates via email
Commitment Amount ______
Return to Lynn Muench by fax at 314.446.6479 by September 1, 2009
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July 27, 2009
Docket Management Facility (M-30) U.S. Department of Transportation West Building Ground Floor Room W12-140 1200 New Jersey Avenue, SE Washington, D.C. 20590
RE: USCG-2008-1247 Regulated Navigation Area and Safety Zone, Chicago Sanitary and Ship Canal, Romeoville, IL
To Whom It May Concern:
The American Waterways Operators (AWO) is the national trade association representing the inland and coastal tugboat, towboat and barge industry. AWO is comprised of more than 300 individual companies, with a geographic scope ranging from New England to Alaska. Fifteen AWO members have headquarters in Illinois, and many others operate vessels that transit through the Chicago Sanitary and Ship Canal. We appreciate this opportunity to comment on the U.S. Coast Guard notice of proposed rulemaking (NPRM) for the Regulated Navigation Area (RNA) as it applies to vessels transiting the Chicago Sanitary and Ship Canal between Mile Marker 295.0 and 297.5. AWO encourages both the Coast Guard and the U.S. Army Corps of Engineers to continue to ensure the safe, free flow of commerce through this Congressionally-authorized waterway.
AWO members have demonstrated their full commitment to collaborating with the Coast Guard and other government agencies to ensure the safe operation of vessels that protects the crew, the public and the environment. The demonstration of our commitment is evident in the award-winning AWO Responsible Carrier Program, and the first-of-its- kind Coast Guard-AWO Safety Partnership. On a regional basis, AWO has worked with the Coast Guard and the Corps through the Mid-America Regional Quality Steering Committee to identify ways to improve safety and environmental protection. AWO has also worked cooperatively with the Environmental Protection Agency, the U.S. Fish and Wildlife Service and state environmental agencies on a variety of issues, including the recovery of threatened and endangered species and reducing emissions from engines and tank barges.
The Tugboat, Towboat and Barge Industry Association
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Based on the experiences of our members, and our review of the NPRM, AWO respectfully requests that six changes or clarifications be made to the RNA. These include: 1) Reducing the geographic range of the RNA to reflect operational reality; 2) Reassessing the economic impact, especially on small businesses, if the Corps discontinues funding the bow boat as part of what should be the normal Operations & Maintenance (O&M) of the Congressionally-authorized channel; 3) Conducting a cumulative safety assessment of the area before Barrier IIB is activated, and conducting a new safety assessment if the voltage of Barrier IIA or IIB increases above 1 volt per inch; 4) Reassessing the RNA’s economic impact; 5) Modifying the personal flotation device recommendation; and, 6) Applying appropriate safety standards to recreational vessels.
1. RNA Geographic Range
The previous RNA encompassed six-tenths of a mile. This range included the area from 1200 feet south of the Romeo Road Bridge to 1200 feet north of the Aerial Pipeline Arch, or between Mile Marker 296.1 and 296.7 of the Chicago Sanitary and Ship Canal. The active area for electricity is between Romeo Road Bridge and the Aerial Pipeline Arch. The largest towboats traveling through the area are 1150 feet long. Therefore, it is only possible to be operating in an area of concern within 1200 feet on either side of the two structures. The proposed geographic range would expand the RNA area to 2.5 miles, an expansion that will increase traffic congestion and costs without producing an increase in safety.
Additionally, vessels in fleets or at terminals within the proposed RNA would have to leave due to restrictions on passing, further increasing economic hardship on the industry and the region. This would also affect the terminal at Midwest Generation - Will County Station located at Mile Marker 296.0. The coal unloaded at this plant provides a significant amount of energy for the Chicago area, and unnecessary delays in these shipments will have far-reaching economic impacts. As a result of these factors, AWO urges the Coast Guard to include the area from 1200 feet south of Romeo Road Bridge to 1200 feet north of the Aerial Pipeline Arch as the geographic range of the RNA. AWO also urges that the proposed safety zone be contained in the same area for the reasons stated above.
2. Bow Boat Funding
The RNA states that “[i]n the event Army Corps funding would cease, operators of tows containing one or more red-flag barges that need to transit through the regulated navigation area would incur the cost of bow boat assistance.” As AWO understands the situation, operators would be responsible for financing bow boats as soon as October 1 of this year. For the Corps to properly execute its navigation mission for this Congressionally-authorized waterway, bow boat funding should be part of the Corps’ ongoing and normal O&M budget through the duration of this RNA. In short, this service satisfies a public requirement (free flow of commerce through a Congressionally- authorized waterway) and should be publicly financed for the life of the RNA.
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If the bow boat is not funded by the Corps, the impact of absorbing that cost will deal a financial blow to the small businesses who would bare the responsibility to cover the bow boat’s costs. As the Coast Guard’s analysis indicates, small operators who must cover the direct cost of bow boat assistance will see up to three percent of their revenue go toward this service. This is a significant amount, especially for small businesses that are already operating at thin profit margins during these difficult economic times. We urge the Corps to develop stable funding for bow boats, and we urge the Coast Guard to commit to reopen the RNA for comment if appropriate federal funding becomes unavailable. AWO also urges the Coast Guard to reevaluate the cost of bow boats, including the delays of all commercial traffic that will be impacted by the RNA.
3. Cumulative Electric Impact of Three Barriers: Cumulative and Increased Voltage
When construction of a third barrier (Barrier IIB) is completed, AWO urges the Coast Guard to require that cumulative safety tests be undertaken before permanent activation. Up to this point, the Corps and the Coast Guard have not made judgments on the barriers’ safety based on the three barriers operating at the one volt per inch level simultaneously. Testing is also essential if voltage is increased at any of the barriers beyond the one volt per inch. AWO urges the Coast Guard and the Corps to study the impact of both situations that would increase total voltage.
4. Coast Guard Evaluation of Economic Impact and Small Business Impact
AWO believes that the Coast Guard’s evaluation of present commercial traffic affected by the NPRM is too low, and does not evaluate the impact of further growth. The Chicago Sanitary and Ship Canal is a major transportation artery, and based on AWO’s communications with stakeholders in the region, the Coast Guard’s estimate of 23 impacted entities does not take into account all of the different operators. In fact, page 22 of the Coast Guard’s Preliminary Regulatory Analysis and Initial Regulatory Flexibility Analysis refers to “23 companies transiting the lock and electrical barrier with red-flag barges,” not accounting for all the vessels that transit the area. As the rule would impact all vessels, including ones that do not carry hazardous material, the NPRM’s text should more clearly recognize its far-reaching effects. Furthermore, the analysis does not anticipate the expanding maritime transportation system that MarAd’s “Marine Highway” program is likely to facilitate. This RNA represents a major undertaking that will have significant economic consequences on the industry and the region. AWO urges the Coast Guard to reassess the economic impact on the entire industry, with a focus on small businesses.
5. Personal Flotation Devices
As AWO stated in its March 2005 comments on the RNA for Barrier I, “Type I vests are typically kept in the sleeping quarters, the galley, and/or the wheelhouse,” while Type V devices “are always worn by crewmembers while performing work on the deck.” In other words, Type V vests are always easily accessible by the crew. Moreover, wearing a Type I device may pose safety issues since it can restrict the vision of the mariner due to its relative bulkiness. AWO urges the Coast Guard to help ensure a safe work environment by allowing mariners to be on deck wearing the Type V vests under emergency conditions. Under normal conditions, the crew should be inside the vessel. 88 of 125 USCG-2008-1247 Page 4
6. Standards for Recreational Vessels
It is imperative that appropriate standards apply to recreational vessels within this geographic range to ensure a safe operating environment for both recreational and commercial vessels. To ensure safe passage for both recreational and commercial traffic, the Coast Guard should require recreational traffic to: 1) Refrain from loitering, mooring or laying up on the right or left descending banks; 2) Provide radio notification before entering the RNA to make sure no other vessel is in or entering the area; and, 3) Move through the RNA with all due speed. AWO believes these actions will increase the safety of all types of vessels transiting the area.
AWO applauds the Coast Guard’s attention to this extremely important issue, as well as its acknowledgment of the importance of navigation to the country. AWO shares the Coast Guard’s goals of protecting public safety, health and the environment, while facilitating waterborne commerce. AWO specifically commends the Coast Guard for providing timely notices of traffic delays and flexibility with moving traffic as possible when the area is closed for safety testing and maintenance. In the future, AWO requests a 30-day advance notice.
Thank you for the opportunity to comment on this proposed rule. If the Coast Guard would like further information, AWO would be pleased to provide it.
Sincerely,
Lynn M. Muench
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July 2, 2009
State Senator Robert H. Plymale West Virginia Senate Room 417 M, Building 1 State Capitol Complex 1900 Kanawha Boulevard East Charleston, WV 25305-0009
RE: Senate Bill 441
Dear Senator Plymale:
The American Waterways Operators (AWO) is the national trade association representing the inland and coastal tugboat, towboat and barge industry. AWO is comprised of more than 400 individual companies, with a geographic scope ranging from New England to Alaska, and throughout the interior river system of the United States. The towing industry relieves road and rail congestion throughout West Virginia and improves the state’s air quality. A copy of a 2007 study by the Texas Transportation Institute (TTI) that chronicles the benefits of waterborne transit is enclosed.
Bill Barr, Madison Coal & Supply Company and I met with Laura Quinnelly in your Charleston office on June 26 to convey our concerns about Senate Bill 441. We appreciate the time she took to meet with us, and we look forward to ongoing dialogue on the content of this bill.
We respectfully submit that passage of SB 441 would be bad economic policy and a questionable legal action, as it would: • insert the state into an area that falls under federal jurisdiction; • negatively target an industry that provides a valuable service to the state; • not allow the revenue derived to be used for the benefit of the primary revenue- provider; and, • jeopardize the future of key industries in the state.
Insertion of the State into a Federal Matter
The problem that this bill attempts to address, abandoned barges in the river, is a problem that our industry takes very seriously. Navigable waterways are the industry’s economic necessity. The river system is our home and we support a wide variety of environmental
The Tugboat, Towboat and Barge Industry Association
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activities to ensure that the rivers of this nation can be used and enjoyed by all. Our industry considers abandoned barges a serious problem, and it is an activity that the vast majority of barge operators find abhorrent. That is why we support vigorous federal action in this area. In 1992, in fact, the U.S. Congress enacted the Abandoned Barge Act to address this very problem. This law specifically states that, “[a]n owner or operator of a barge may not abandon it on the navigable waters of the United States.” Given the clear federal role in this matter, AWO would welcome West Virginia’s support for adequately enforcing the existing law instead of passing a redundant and unnecessary law.
Constitutional interpretation also leads to the conclusion that the passage of this type of bill at the state or local level is problematic. As the U.S. Supreme Court concluded in the 2000 case, Intertanko v. Locke, “even within the context of a regulation related to local waters, a federal official with an overview of all possible ramifications of a particular requirement might be in the best position to balance all the competing interests.” Moreover, the Court just recently struck down a municipal tax in Polar Tankers, Inc. v. City of Valdez. In this case, the Court found the vessel tax to be in violation of the Tonnage Clause of the U.S. Constitution because, “in order to fund services by taxing ships, a State must also impose similar taxes upon other businesses.” Since SB 441 gives localities taxation rights over vessels exclusively, its constitutionality could very clearly be challenged immediately upon enactment.
Industry Would be Negatively Targeted
AWO members make a large contribution to the state’s economic well-being. In 2006, for example, the Port of Huntington alone received or shipped 58.3 million tons of coal and 10.4 million tons of petroleum products. Towing companies in the state already pay a tax on diesel fuel of 11.7 cents per gallon into the state highway trust fund which our industry does not benefit. As a matter of fact, the towing industry positively impacts the condition of roads by moving 70 semi-truckloads of products into a single barge. With regard to pollution, barges carry the equivalent of 1,010,250 railroad car loadings of coal every year. This lowers the amount of air pollutants put into the air throughout West Virginia by replacing trains with lower-emitting vessels.
Tax’s Revenue Would not Benefit its Source
Good policy would place part of the burden of taxes on those who benefit from the tax. In this bill, however, although barge owners would be responsible for 100% of the payment of these taxes, 50% of the revenue would be used for recreation along the waterways, and the other 50% would be used for the resurrection of sunken barges. It is clear then, that the industry would be funding activities for which other state entities will be the primary beneficiaries. This lack of connection between taxation and revenue is a great concern for towing companies and the industries those companies serve, as they are all essential members of the state’s economic community. Barge operators understand and embrace their responsibility to do their part for the betterment of West Virginia. Asking them for a disproportionate share of the funding of state and local activities, however, is not consistent with any spirit of equity.
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Future of the Industry in West Virginia Would be Jeopardized
This bill is also counterproductive from the perspective of generating more revenue. Punitive measures such as the ones outlined in this bill could very well have the effect of discouraging those in the industry from operating in West Virginia to the extent that they do currently and from expanding their operations. Activities in cities that would be authorized to apply this tax may be hurt as well. In Huntington, for example, future plans to build a rail-to-river facility at mile 309 of the Ohio River will necessitate the frequent mooring of barges. If such activity is to be taxed at a high level, the whole project itself may not find enough participants, and a worthwhile transportation initiative would never come to fruition.
AWO greatly appreciates the opportunity to continue a dialogue with you on the importance of the towing industry to the economy and environment of West Virginia. Based on the reasons expressed above, however, we believe that passage of SB 441 would harm the economic future of West Virginia.
I would like to reiterate our thanks to your Charleston staff for taking the time to meet with us. I will be returning to West Virginia soon, as I will be in the Huntington area from July 15-17. I would like to arrange an appointment with you during this time to discuss the economic and environmental realities of the towing industry along with its specific impacts on West Virginia’s economy. AWO staff is currently reaching out to your Huntington staff to set up such a meeting. I would also like to extend an invitation to you and your staff to spend some time with one of the AWO members who operates in the state in order to familiarize you with their operations.
Sincerely,
Lynn Muench cc: Bill Barr, Madison Coal & Supply Company Mark Carr, AEP River Operations Michael Hennessey, CONSOL Energy Sales Company Fred Nyhuis, Marathon Oil Company Bob Reed, DTC Marine Services, Inc.
Enclosures: - Texas Transportation Institute Study from December 2007: A Modal Comparison of Domestic Freight Transportation Effects on the General Public
- The 2008 Annual Report of The American Waterways Operators
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June 1, 2009
VIA FASCIMILE
Mr. Ronald L. Wooten Director West Virginia Office of Miners’ Health, Safety and Training State of West Virginia 1615 Washington Street East Charleston, WV 25311
RE: West Virginia Proposed Legislative Rule Title 56, Series 14
Dear Mr. Wooten:
The American Waterways Operators (AWO) is the national trade association representing the inland and coastal tugboat, towboat and barge industry. AWO is comprised of more than 300 individual companies, with a geographic scope ranging from New England to Alaska, and throughout the interior river system of the United States, including extensive operations along the Ohio and Kanawha Rivers.
We appreciate the opportunity to express our concerns regarding the Proposed Legislative Rule, Title 56, Series 14, from the West Virginia Office of Miners’ Health, Safety and Training. We respectfully submit that this rule is ill-advised and should not be adopted for the following reasons:
• Interstate commerce is an area clearly referenced in the U.S. Constitution as being exclusively subject to federal, as opposed to state, regulation, a fact that has been confirmed on numerous occasions by the U.S. Supreme Court; • The towing industry and the U.S. Coast Guard already have a partnership in place to proactively address safety issues on vessels; • The Coast Guard is in the process of promulgating a rule on towing vessel inspection; • Members of AWO must comply with the Responsible Carrier Program, which already has worker safety components; and, • Overregulation could impede the towing industry’s operations in the state.
The Tugboat, Towboat and Barge Industry Association
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The Role of Federalism
First and foremost, the imposition of a state inspection regime runs afoul of the constitutional balance between state and federal areas of responsibility. As the U.S. Supreme Court most recently stated in its 2000 Intertanko v. Locke decision, “the Court had little difficulty in finding state vessel requirements were pre-empted by federal laws which governed the certification and standards of operation.” In this proposed rule, West Virginia is seeking to have all required training be “recorded on an MSHA 5000-23 form, a copy of which shall be maintained at the facility for a period of at least one year.” By assigning itself as a reviewer of requirements promulgated by the U.S. Department of Labor’s Mine Safety and Health Administration, the state risks violating the constitutional standard of federalism, thereby rendering its proposed rule subject to invalidation by federal courts.
Industry-Coast Guard Partnership
The proposal to introduce state inspections appears to presuppose a governmental neglect of the industry that does not exist in practice. In fact, members of industry are committed to the safety of their vessels and the individuals who work aboard them, and have been more than willing to cooperate and collaborate with the appropriate authorities to achieve these goals. For example, AWO has worked with the Coast Guard over the past 15 years, via the Coast Guard-AWO Safety Partnership, to address safety concerns throughout our industry. The Safety Partnership has addressed and produced guidelines on towing vessel crew fatalities, a river crisis action plan, barge inspection consistency, crew endurance management and over 30 other issues.
The issue of crew endurance is of particular relevance to mariner safety, as fatigue has been identified as a significant cause of accidents. AWO first established a working group on fatigue in 1997. As a result of the work of AWO and the Coast Guard in this area over the past decade, member companies have increasingly incorporated scientifically-sound crew endurance management principles into their operations by making changes to the working environment onboard vessels, employing light and noise management, and encouraging crewmembers to adopt a healthier diet and exercise. The industry and the Coast Guard continue to collaborate through the Safety Partnership to refine crew endurance while improving the working environment of the mariners.
Coast Guard Development of Rule on Towing Vessel Inspection
AWO has been a vigorous supporter of the Coast Guard’s development of a new towing vessel inspection regime. This process began in 2003 after AWO requested that the Coast Guard make the industry’s vessels subject to inspection, a rare request for any industry to make. In response, Congress passed the Coast Guard and Maritime Transportation Act of 2004, a bill that added towing vessels to the list of vessels subject to federal inspection, and authorized the Coast Guard to “establish by regulation a safety management system appropriate for the characteristics, methods, and nature of service of towing vessels.” Industry’s goals throughout this process have been to create an inspection system that is risk-based and targets the most common causes of towing vessel accidents. As these proactive steps indicate, the industry is committed to
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achieving the highest degree of safety for our personnel and our vessels, and is not attempting to avoid compliance with needed standards.
Responsible Carrier Program
The towing industry has been so committed to improving safety, in fact, that it has done a large amount to regulate itself while a Coast Guard-led inspection regime framework is being developed. Members of AWO, for example, are required to comply with the Responsible Carrier Program (RCP), a safety management system that came about after an industry-wide risk assessment in 1994. The RCP is an award-winning program that has been recognized as a safety standard by the Coast Guard and state governments across the country. The governments of Washington and California, for example, have referenced the RCP in their state regulations. Among its features, the RCP requires companies to develop a safety policy, create safety rules in areas including non-skid surfaces and flammable and combustible liquids, and implement a policy for the use of personal protective equipment. Compliance with the RCP and a high degree of responsibility on the part of individual companies have contributed to a decrease in the number of fatalities per year in the industry from 28 in 1997 to 8 in 2007.
Industry in the State
In addition to its safety record, the towing industry makes a large contribution to the state’s economic well-being and its stewardship of the environment. In 2006, for example, the Port of Huntington alone received or shipped 58.3 million tons of coal and 10.4 million tons of petroleum products. The industry positively impacts the condition of roads by moving 70 semi- truckloads of products onto a single barge. With regard to pollution, barges on the Ohio River carry the equivalent of 1,010,250 railroad car loadings of coal every year. This lowers the amount of pollutants put into the air throughout West Virginia by replacing trains with barges, a significant substitute considering that transport by rail emits 39 percent more carbon dioxide than does transport by inland barge. Subjecting vessels to redundant and unnecessary regulations could very well have the effect of discouraging waterborne commerce in the state, thereby depriving West Virginia of a substantial portion of these economic and environmental benefits.
AWO greatly appreciates being able to begin a dialogue with your agency on the industry’s commitment to worker safety in West Virginia and throughout the country. Based on the reasons expressed above, however, we believe that approval of this rule should not be granted.
Thank you for the opportunity to comment on this proposed rule. If you would like further information, AWO would be pleased to provide it.
Sincerely,
Lynn M. Muench
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June 10, 2009
VIA EMAIL
Ms. Natalie E. Tennant Secretary of State State of West Virginia Building 1, Suite 157-K 1900 Kanawha Blvd. East Charleston, WV 25305
RE: West Virginia Proposed Legislative Rule Title 56, Series 14
Dear Secretary Tennant:
The American Waterways Operators (AWO) is the national trade association representing the inland and coastal tugboat, towboat and barge industry. Our association provided comments last week in opposition to the Proposed Legislative Rule, Title 56, Series 14 that the state Office of Miners’ Health, Safety and Training submitted to your office on May 1. The comments are included in this transmission. It would be ill-advised for this rule to go into effect in any form, including via an Emergency Rule. AWO respectfully requests that you deny approval of this Emergency Rule.
As we indicated in our correspondence, the regulation of interstate commerce is constitutionally an exclusive federal power. Additionally, our industry’s attention to worker safety is already high, a fact that has been recognized by many independent sources. Finally, AWO member companies contribute significantly to the economic well-being of West Virginia and should not be subject to unnecessary regulation that impairs their efficiency.
Thank you for your attention to this matter. I will call your office in the next couple of days to discuss this issue.
Sincerely,
Lynn M. Muench
The Tugboat, Towboat and Barge Industry Association
96 of 125 97 of 125 River Industry Executive Task Force An American Waterways Operators Standing Task Force
Industry Representatives
Scott Noble, Co-Chairman Ingram Barge Company History Tom Erickson Marquette Transportation Co., Inc. The River Industry Executive Task Force (RIETF) was formed during the drought of 1988 when the Mississippi River was at an all-time low. Barge traffic was halted with no George P. Foster JB Marine Services, Inc. clear indication of how or when it might be restored. The U.S. Coast Guard (USCG), the U.S. Army Corps of Engineers (Corps), and industry recognized that this was a crisis Keith Lay situation and would need to coordinate their activities. All parties agreed to bring AEP River Operations together a small group that could speak for the Corps, the USCG and the towing industry. Mario Munoz The American Waterways Operators (AWO) membership selected seven corporate American Commercial Lines officers to speak for the industry. The Coast Guard was represented by the Commanding Emmett Neal Officer of the Second and Eighth Coast Guard districts. The Commander of the Crounse Corporation Mississippi River Division represented the Corps. These individuals elevated the issues
Brent Nissen and problems to a level at which they could be resolved and jointly enabled barge traffic American River to resume on the Mississippi River. Later, the Corps’ Commander of the Great Lakes Transportation Co. and Ohio Valley Division and the national Operations Chief, along with the USCG’s
Dave Shaw Inland Waterway Coordinator, were added to RIETF. Kirby Inland Marine LP
RIETF also serves as the oversight industry group of the key operational industry groups. Government Representatives The groups and their contact information are attached. During a crisis situation, each impacted operational group and RIETF will maintain communications to ensure the RADM Joel Whitehead, Co-Chairman, U.S. Coast Guard proper assets and personnel are deployed to address the situation.
RDML Peter Neffenger, RIETF is a standing task force of The American Waterways Operators. Co-Chairman, U.S. Coast Guard
BG Michael Walsh, Co-Chairman U.S. Army Corps of Engineers
BG John Peabody, Co-Chairman Mission U.S. Army Corps of Engineers
Mike Ensch RIETF affords the opportunity for an ongoing dialogue between senior decision U.S. Army Corps of Engineers makers within the Corps, Coast Guard and industry to allow smooth coordination during crisis situations and to form partnerships to avoid future crisis. CAPT Tom Hooper U.S. Coast Guard
CAPT Lorne Thomas U.S. Coast Guard Meetings
Ad Hoc Member RIETF industry leadership meets regularly with Corps and Coast Guard co-chairs to
Raymond Butler discuss “the state of the industry.” RIETF also meets, as needed, via conference call. Gulf Intracoastal The Annual Meeting is held each March in conjunction with Industry Days. Canal Association
Staff Support Elections Lynn Muench American Waterways Operators 1113 Mississippi Avenue, Elections are held each year during the Annual Meeting. All RIETF members serve a Suite 108 two-year term and are eligible for reelection. Members must be senior executives St. Louis, Missouri 63104 within their companies. The chairman and vice chairman may serve a one two-year Telephone: (314) 446-6474 term. The Corps and Coast Guard representatives are dictated by position. Fax: (314) 446-6479 Cell: (314) 308-0378 [email protected]
98 of 125 River Industry Executive Task Force An American Waterways Operators Standing Task Force
Industry Representatives June 10, 2009 Scott Noble, Co-Chairman Ingram Barge Company MEMORANDUM Tom Erickson Marquette Transportation Co., Inc. TO: RIETF Members
George P. Foster JB Marine Services, Inc. FROM: Lynn M. Muench
Keith Lay AEP River Operations CC: Tim Casey, Tom Allegretti, Jennifer Carpenter, Mid-America
Mario Munoz RQSC American Commercial Lines
Emmett Neal RE: March 3, 2009 Meeting Notes and Follow Up Crounse Corporation
Brent Nissen American River The River Industry Executive Task Force (RIETF) held its Annual meeting Transportation Co. on Tuesday, March 3. Action items below are bolded and italicized. Dave Shaw Kirby Inland Marine, LP RIETF Co-Chairmen and representatives of the Co-Chairmen provided opening remarks. Scott Noble, Ingram Barge Company and the RIETF Co- Government Representatives Chairman, opened with some historical perspectives, including a discussion RADM Mary Landry on the twentieth anniversary of the founding of the group and the Co-Chairman, U.S. Coast Guard accomplishments since the 1988 low-water event. He expressed his hope RDML Peter Neffenger, and desire that RIETF would continue to function in the future as a Co-Chairman, U.S. Coast Guard mechanism to bring together senior leadership from industry, the U.S. Army BG Michael Walsh, Co-Chairman Corps of Engineers and the U.S. Coast Guard and maintain communication U.S. Army Corps of Engineers to avoid crises and mitigate them when they occur. Mr. Noble also BG John Peabody, Co-Chairman commended the operational working groups throughout the system, U.S. Army Corps of Engineers highlighting the cooperation between the Corps, Coast Guard and industry Mike Ensch as each group has fully embraced and utilized the Waterways Action Plan U.S. Army Corps of Engineers (WAP) to ensure continued flow of commerce during low water, high water CAPT Tom Hooper and other events. U.S. Coast Guard
CAPT Lorne Thomas Other remarks from the Co-Chairmen or their representatives included: U.S. Coast Guard • RADM Joel Whitehead, Eighth Coast Guard District Commander Ad Hoc Member and RIETF Co-Chairman, commended industry’s response to the
Raymond Butler July 2008 Mel Oliver oil spill, discussed the positive outcomes from Gulf Intracoastal Operation Big Tow and announced that the new commander for the Canal Association towing Center of Expertise (COE) in Paducah, KY, CDR Greg Case, Staff Support had been selected and would attend the Inland Waterways
Lynn Muench Conference. American Waterways Operators • BG John Peabody, Army Corps of Engineers – Great Lakes and 1113 Mississippi Avenue, Suite 108 Ohio River Division Commander and RIETF Co-Chairman, St. Louis, Missouri 63104 highlighted that the risk-and-reliability approach for assessing locks
Telephone: (314) 446-6474 had decreased the number of unscheduled and increased the number Fax: (314) 446-6479 of scheduled closures, allowing a timeline around which the industry Cell: (314) 308-0378 [email protected] could plan. BG Peabody also discussed the process to allocate the
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the stimulus money. He stated that it would be balanced across the nation but focus on the high unemployment areas. In his division, he expects that Michigan will receive a significant share of the money. However, he cautioned that predictions were just that since the process for project selection and the timeline were still opaque. • CAPT Lorne Thomas, representing RIETF Co-Chairman RMDL Peter Neffenger, Ninth Coast Guard District Commander, also highlighted the positive outcomes of Operation Big Tow. He announced that the Ninth District would adopt the Eighth District’s policy on CG-835 and that the district continues the process to change the definition of Great Lakes to allow practical operations to line up with regulatory language. The District sees the states’ 401 certifications of the Vessel General Permit (VGP) as a real problem for the navigation community. He suggested that the only solution now appears to be legislation. • COL George Shepard, representing RIETF Co-Chairman BG Mike Walsh, Army Corps of Engineers – Mississippi Valley Division (MVD) Commander, updated the group on MVD projects.
Other topics discussed include: • Mike Ensch, Army Corps of Engineers – Chief of Operations and RIETF member, unveiled a master list of scheduled lock closures for the next five years from all five divisions serving the Western Rivers and the Gulf Intracoastal Waterway. The list will be posted on the Corps Web site. Mr. Ensch committed to notify industry when changes were made. RIETF committed to provide feedback to the Corps. Mr. Ensch also suggested that there needs to be a better communication process for bridge repair closures. • An extensive discussion on projects that the Mid-America Regional Quality Steering Committee (RQSC) had undertaken or is undertaking now was led by Mid-America RQSC members Jim Farley, Kirby Inland Marine, LP; Fred Nyhuis, Marathon Oil Company; CAPT Tom Hooper, Chief, Western Rivers, Coast Guard; and, Mike Kidby, Senior Program Manager for Inland Waterways, Corps. AWO Chairman of the Board Merritt Lane, Canal Barge Company, Inc., suggested that, based on the Corps involvement in the Mid-America RQSC, the National Quality Steering Committee (QSC) should consider involving the Corps in their meetings and projects. Ms. Muench committed to forward the suggestion to appropriate AWO staff. BG Peabody agrees that the Corps should be involved with this partnership and will discuss the possibility with MG Meredith “Bo” Temple. • The Coast Guard expects 80 percent of the $142 million in Truman-Hobbs stimulus money will be spent within the Eighth District. • BG Peabody and COL Shepard indicated that the Corps should be involved with synergistic outreach and training with the Coast Guard and industry, including through Brownwater University. Mr. Noble noted that he is hopeful that Brownwater University will include a class in Paducah, KY, within the next year. • There was a lively discussion on the first ever joint technology meeting in Vicksburg, MS, and what that might mean for navigation and infrastructure improvements.
Mr. Noble, RADM Whitehead and BG Peabody adjourned the meeting
Mr. Noble then convened an industry-only session. The group re-elected the following members to two-year terms: Dave Shaw, Kirby Inland Marine, LP; George Foster, JB Marine
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Service, Inc.; Scott Noble, Ingram Barge Company; and, Brent Nissen, American River Transportation Co. The group also elected the following new members to one-year terms: Keith Lay, AEP River Operations, and Mario Munoz, American Commercial Lines, and, as Alternate, Roger Harris, Magnolia Marine Transport Company. The group also elected Mr. Noble and Mr. Nissen as Chairman and Vice Chairman, respectively. Other members of RIETF are Tom Erickson, Marquette Transportation., Inc., and Emmett Neal, Crounse Corporation.
RIETF also setup a working group to look at options to improve the equity of helper boats and other resources during events that negatively impact the flow of commercial traffic. Mr. Nissen will chair the group. Mr. Shaw, Mr. Neal and Mr. Erickson will also sit on the group. Staff will setup a conference call by May 1. The group was encouraged to discuss options within their companies before the group meets.
101 of 125 U.S. Coast Guard - American Waterways Operators Safety Partnership Mid-America Regional Quality Steering Committee
In 1995, the U.S. Coast Guard-American Waterways Operators Safety Partnership was established as a first-of-its kind cooperative effort between agency and industry to improve marine safety, environmental protection and communication through sound analysis, open dialogue and non-regulatory solutions. The Partnership’s first Quality Steering Committee (QSC) meeting was held in November 1995, and since then, the Partnership has tackled such critical safety issues as crew fatalities, tank barge spills, and safe operations during dangerous water conditions, both through the national QSC and three Regional Quality Steering Committees (RQSCs) which have launched over 30 national and regional Quality Action Teams (QATs).
The purpose of the three RQSCs (Mid-America, Atlantic and Pacific) is to provide support to the partnership and serve as a forum for Coast Guard-industry dialogue. The Mid-America RQSC held its first meeting in 1996, and the charter was rewritten in 2004 to include security as a mission. The Mid-America RQSC also began to include participants from the U.S. Army Corps of Engineers to better explore safety, environmental, security and communication issues.
The goals of the Mid-America RQSC are to: 1. Provide coordination and support to the safety partnership at the regional level in coordination with the National QSC; 2. Promote the partnership within organizational structures; and, 3. Serve as a forum for regional dialogue between the industry, the Coast Guard and the Corps.
From 1996 to 2001, the Mid-America RQSC produced tangible proposals to improve safety and environmental protection by creating more than 14 reports and recommendation documents including an Inland Towing Vessel Guide to Federal Oil Procedures, Recommended Practices for Bunker Barges, and a Reducing Downstreaming Incidents report. After the terrorist attacks of 2001, the RQSC was inactive until 2004. Since that time, the group has completed work on revisions to a Bump and Go Policy Letter and the Waterways Action Plan (WAP). The group is presently working on a Casualty QAT as well as an Orientation and Communication QAT, and is addressing operational issues including the addition of drift management to the WAP and standard procedures for crew members to board at locks.
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Coast Guard – AWO Safety Partnership
Mid-America Regional Quality Steering Committee (RQSC) Meeting
June 3, 2009
ACTION ITEMS ______
RADM Landry Discussion
• AWO invited RADM Landry to attend the AWO Southern Region Summer Meeting in Houston, TX, on July 23-24 and the AWO Midwest and Ohio Valley Regions Joint Summer Meeting in St. Louis, MO, on August 19-20. (Mr. Wright, Ms. Muench)
Mid-America RQSC Meeting
• The RQSC reviewed the results of the two-month test to gather casualty information, which ran earlier in the year, and discussed which MISLE categories the causal factors should be tied to in order to best identify actions to take to mitigate these incidents while not compromising participants’ privacy. The group identified the need to remind participants that they can opt out of providing causal information if the incident is under legal review. (Ms. Muench, Ms. McCarthy)
• CAPT Gifford will review the results of the two-month test to determine if the Coast Guard identifies any other factors it would like the QAT to explore, after which Chuck McAllister and Dave Dewey, QAT co-chairs, will be asked to develop the final list. (CAPT Gifford, Ms. Muench, Ms. McCarthy)
• CAPT Gifford also will forward the electronic version of the 2005-2008 Eighth District casualty data he presented to the RQSC. (CAPT Gifford)
• The updated RQSC charter will be signed after the Corps lawyers have completed their review of it, either by mail or during the next RQSC meeting, to be held in January 2010. (Mr. Kidby, Mr. Ensch) • The industry expressed concern that some Sectors in the Eighth District may be beginning to implement voluntary inspections before the BAIT indoctrination program has been implemented, and also that some Sectors will not use the 91 new inspection billets assigned to them for inspection personnel. CAPT Hooper, RADM Landry, and the new Chief of Staff CAPT Jim Tunstall will ensure that the Sectors are aware of the commitments made to industry and that neither situation occurs. (CAPT Hooper)
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• The RQSC decided to rewrite the Training and Orientation QAT charter to eliminate the training portion, as it is covered by the BAIT workbook, and convene a QAT meeting to develop a list of past and current orientation programs and other events, such as Sector Luncheons, that facilitate building and improving the industry-Coast Guard relationship. (Ms. McCarthy) • After reviewing the Corps’ five-year lock closure schedule, the group tasked Mr. Noble with soliciting feedback from other RIETF members on the schedule, and Ms. Muench will re-send it to the RQSC members and ask for feedback on what other lock closure information they would like included. RIETF and the RQSC will provide their feedback to the Corps in written form, and Mr. Kidby will also send to Ms. McCarthy the Corps Web sites where the lock closure document, as well as the dewatering schedule and navigation notices, can be found so that the URLs can be published in the AWO Letter. The RQSC asked Mr. Kidby to provide information on how long each lock will be closed. (Mr. Noble, Mr. Kidby, Ms. Muench, Ms. McCarthy) • Mr. Kidby announced that Corps’ Crew Changes at Locks Product Delivery Team (PDT) has created a standard operating procedure, and once Corps lawyers complete their review of it to ensure it does not conflict with 33 CFR Part 207, he will send it to the RQSC for feedback, as well as the list of the members of the PDT. (Mr. Kidby) • After discussing Corps security levels, Mr. Kidby committed to provide an appendix outlining the meanings of the Corps threat levels, especially their impact on mariners’ access to Corps-controlled facilities, and their correlations with Department of Homeland Security and Coast Guard threat levels. The group also asked Mr. Kidby to explore if the Corps could post its threat levels online so that mariners could check the security status before arriving at a Corps-controlled facility. (Mr. Kidby) • Recently, the Corps has asserted that radar manufacturers have indicated that a vessel’s radar can be harmful if a person stands within a certain distance from it, and lock operators commonly stand within that distance. However, the industry has pointed to studies challenging that assertion, and has raised concerns about safety if radar is required to be turned off. Mr. Kidby will send Ms. Muench the contact information for the person who would oversee developing a radar policy, Eugene Dowell, Locks and Dams, Operations Division, Louisville District, so that she can coordinate with him. (Mr. Kidby, Ms. Muench) • Dave Smith of Gate City River Transportation LLC has created a list of locks that need standardized procedures instituted when large amounts of drift are present. The RQSC agreed to ask Mr. Nyhuis to obtain and circulate the list to the RQSC members, and also ask him to provide an update on the working group he and Mr. Kidby assembled to present standardized procedures for each lock that will become part of the WAP. (Ms. McCarthy)
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• The RQSC discussed the possible inclusion of bridge Real Time Velocity Meters (RTVMs) into the WAP to improve safety when water conditions create dangerous outdrafts. CAPT Hooper circulated the list of bridge candidates in the Ohio Valley, Upper Mississippi and Lower Mississippi Sectors to receive RTVMs, and the RQSC will create a working group to review the list and prioritize it before sending it to Mr. Kidby. The group also asked CAPT Hooper to select bridge candidates from the other Eighth District Sectors. (CAPT Hooper, Ms. Muench) • The RQSC and the Gulf Intracoastal Canal Association (GICA) will work to include the four or five locations of the Gulf Intracoastal Waterway (GIWW) in the WAP. (Mr. Farley, Mr. Butler)
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August 3, 2009
Dr. Eben Thoma Office of Research and Development National Risk Management Laboratory U.S. Environmental Protection Agency (E343-02) 109 TW Alexander Drive Research Triangle Park, NC 27711
RE: Suggested Revisions to EPA Report: “Investigation of Fugitive Emissions from Petrochemical Transport Barges using Optical Remote Sensing”
Dear Dr. Thoma:
I would like to begin first by thanking EPA for allowing industry to peer review EPA’s draft report entitled, “Investigation of Fugitive Emissions from Petrochemical Transport Barges using Optical Remote Sensing.” As you well know, the members of The American Waterways Operators (AWO) have been and will continue to be proactive in addressing inadvertent tank barge emissions.
In 2006, AWO members created the Tank Barge Emissions Working Group (Working Group). The group has collaborated with the Louisiana Department of Environmental Quality (LDEQ), the Texas Commission for Environmental Quality (TCEQ), the Coast Guard and the Chemical Transportation Advisory Committee (CTAC) to implement necessary changes to mitigate inadvertent emissions. The group first developed Best Management Practices (BMPs) to reduce inadvertent emissions from tank barges in 2006. This document is not only an AWO member standard but was also cited in TCEQ’s State Implementation Plan as an initiative that contributes to emissions reductions in Texas. To work towards continual improvement, the Working Group updated and improved the BMP in 2009 and forwarded the draft to CTAC for review. AWO also has a history of working closely with LDEQ. In April AWO formally partnered with the agency through a Memorandum of Understanding (MOU) to monitor emissions from tank barges in the Baton Rouge nonattainment area.
The Tugboat, Towboat and Barge Industry Association
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It is in the same spirit of proactive environmental stewardship that the Working Group reached out to EPA in March 2009 to request the opportunity for a peer review of the EPA Report. That review was granted on June 24, and representatives from the Working Group were invited to participate. On behalf of the Working Group, I would like to express our concerns with the LDEQ report prepared by Sage Environmental entitled, “Bagging Test Report: Barge Emission Measurement Project Final Report” (Bagging Test Report), included as Appendix H of the EPA Report. We believe that: 1) It is improper to extrapolate quantitative conclusions about tank barge emissions from such a small sample set, as was done on page 3 of the Bagging Test Report; and, 2) The methodologies employed to assess the emissions from the sample set cannot be accurately replicated. The Working Group suggests the following revisions.
Bagging Test Report
The Bagging Test Report states that “US EPA Protocol for Equipment Leak Emission Estimates 1995” (Appendix B of the LDEQ Bagging Test Report) was employed to measure the samples’ mass emissions. It also noted that the vacuum method was to be used exclusively. However, in reviewing the Bagging Test Report, the Working Group has come to the conclusion that the vacuum method was not used exclusively and, in fact, was not even employed properly. The Working Group has made the following observations regarding the Bagging Test Report:
• The vacuum method was only used for 8 of the 23 pieces of equipment sampled; 15 samples were not taken using the cited vacuum method and should therefore be considered invalid, as use of the sampling apparatus without the vacuum pump does not adhere to the prescribed method.
• In Appendix A of the Bagging Test Report it states that samples and/or pieces of equipment were tightened and/or manipulated in certain areas of the barge to increase the flow through other sample locations (i.e. hatches). This directly manipulated the piece of equipment prior to sampling and undoubtedly skewed the results.
• The aluminum summa canisters cited in the Bagging Test Report were used for multiple sample points so as to speciate emissions. Canisters should not have been used for multiple sample points across the barge, as this risks tainting the results of each sample analysis. To attain actual, valid results, one to three canisters should have been taken per sample point. We have concerns as to the type of bags employed and the way in which they were used during the study. The brand and type of bag is not referenced in the methods section of the report. The EPA Protocol suggests that impermeable material such as Mylar®, Tedlar®, Teflon®, aluminum foil, or aluminized Mylar® with a thickness ranging from 1.5 to 15 millimeters (mm) be used for the vacuum method. We are concerned that the samples may have reacted with the bagging material if the preceding materials were not used. Additionally, it is known that barge company personnel were asked to provide trash bags for sampling efforts and that these bags did not meet the minimum requirements of the EPA method as referenced above.
Also, we do not believe a correlation can be made between EPA’s Other Test Method (OTM 10) study, “Optical Remote Sensing for Emission Characterization from Non-Point Sources,” and the
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LDEQ’s bagging study for the following reasons: 1) Different barges/samples were used for the studies; 2) Meteorological conditions were not equivalent during the two studies; 3) The method of sample selection greatly differed between the two studies; and, 4) The EPA’s OTM 10 study did not focus upon individual pieces of equipment like that of the LDEQ’s bagging study.
The Working Group has significant concerns as to the lack of adherence to the cited method used to generate the data, the validity of the reported concentrations and the manner in which concentrations and observations were described. On behalf of the Working Group, I ask that the Bagging Test Report, Appendix H of the EPA Report, be removed and that all reference to the Bagging Test Report also be removed.
Barge Identification/Company Identification
Additionally, AWO believes that it is inappropriate to single out a particular company by specifically referring to the company or unique barge number. These identification numbers are company specific and can be recognized. We ask that the barge identification numbers in Table 1 of the Bagging Test Report be removed. The identification numbers can simply be replaced with a sample number. We also request that any reference to specific company names be removed from the body of the main EPA Report, tables, and appendices. When the Working Group first reached out to EPA to request an opportunity to peer review this report, it was in the spirit of collaboration; and it is in that same spirit that I submit the suggested revisions on the Working Group’s behalf. It is not in the best interests of either EPA or the tank barge industry to release a report with misleading or otherwise inappropriate data, and for this reason it is imperative that the concerns of the Working Group be reflected in the final EPA Report.
We greatly appreciate the opportunity to review and provide comments to the EPA on this draft. If you have any questions or would like further assistance in this matter please do not hesitate to contact me or any member of the Working Group.
Sincerely,
Lynn M. Muench
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June 15, 2009
Ms. Renee V. Wright Docket Management Facility (M-30) U.S. Department of Transportation West Building Ground Floor, Room W-12-140 1200 New Jersey Avenue, SE Washington, D.C. 20590-0001
RE: Regulated Navigation Area; Gulf Intracoastal Waterway, Inner Harbor Navigation Canal, New Orleans, LA (Docket ID No. USCG-2009-0139)
Dear Ms. Wright:
The American Waterways Operators (AWO) is the national trade association representing the inland and coastal tugboat, towboat and barge industry. Dozens of AWO members operate hundreds of vessels in the New Orleans area, transporting key commodities such as grain and petroleum, and providing essential harbor services such as shipdocking. AWO is committed to the safe navigation of vessels, and has worked for the past 15 years through the U.S. Coast Guard-American Waterways Operators Safety Partnership to improve marine safety and environmental protection, focusing on issues such as vessel protocols during hurricanes. AWO and its members have worked closely with both the U.S. Coast Guard and the U.S. Army Corps of Engineers in the years since Hurricane Katrina to ensure that Gulf Coast residents are protected from hurricanes and that waterborne commerce serving the needs of those residents continues to flow with minimal disruptions. In that spirit of longstanding cooperation and shared dedication to safety, we appreciate this opportunity to comment on the Coast Guard’s proposed Regulated Navigation Area (RNA) prohibiting vessels from certain parts of the Inner Harbor Navigation Canal (IHNC) and Harvey Canal as hurricanes or tropical storms approach.
The number one priority of AWO and its members is the safety and security of vessel crews, the public and the environment, which is why the proposed RNA is of such concern. Ensuring that vessels have safe havens during hurricanes is critical because barges loaded with Certain Dangerous Cargoes (CDCs) pose a risk to human health and environment if they come loose during a hurricane, and empty barges can be picked up by high winds and waves and harm people and property.
The Tugboat, Towboat and Barge Industry Association
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There are vastly more barges than tugboats and towboats to move them, so each AWO member has a detailed and intricate plan to ensure that its barges are moved to safe places and secured during major storms. The large number of barges in the area, coupled with the fact that towboats pushing them travel slowly (about six miles per hour), means that moving these barges to safe havens is always logistically complex. This process is made even more complicated by the unpredictable nature of hurricanes and the short amount of time that companies have as a storm approaches.
With this RNA, the Coast Guard has effectively eliminated a key safe haven for over 100 barges in the New Orleans area, and AWO’s recent conversations with senior Coast Guard officials have identified a need for the establishment of new locations for vessels to safely and securely ride out hurricanes. However, the RNA does not identify any additional safe havens, and proposes to go into effect without doing so. This is a huge problem that must be addressed before finalizing the RNA. AWO urges the Coast Guard to work with other Sectors and its stakeholders to identify alternate locations at which vessels can moor during hurricanes that will mitigate the risk that they break away and cause damage before the RNA takes effect.
Furthermore, the Army Corps of Engineers has placed numerous pieces of construction equipment in the Gulf Intracoastal Waterway as it begins work on flood protection structures in the IHNC. AWO is concerned that the Corps’ priority status in moving through the lock will create a bottleneck that will allow relatively harmless pieces of equipment to leave the area while leaving private companies’ barges containing potentially harmful products trapped and unsecured during a hurricane, putting lives and the environment at risk. AWO urges the Coast Guard to establish a Command Center as each hurricane approaches, with the Corps and area stakeholders as part of the Joint Hurricane Team, to identify the locking priority of vessels, including Corps equipment, located in the RNA before it takes effect. This way, the equipment that poses the most risk to Gulf Coast residents will be moved first.
Per our recommendations above, AWO respectfully requests that the Coast Guard work to resolve the two major issues below before the RNA is finalized, and also consider two additional suggestions:
1. Identify alternate locations at which vessels can moor during hurricanes before the RNA goes into effect; 2. As each hurricane approaches, establish a Command Center to identify the locking priority of equipment located in the RNA, based on risk; 3. Grant waivers to vessels that cannot leave the RNA for the reasons explained above, so that they are not penalized for violating the regulation. The Coast Guard should consider granting these waivers in all parts of the RNA, especially in Harvey Canal; and, 4. Lift the RNA following the completion of Corps’ INHC flood prevention project. This project will result in a 100-year level of protection for the IHNC from hurricane-induced storm surges, and therefore will eliminate the possibility that vessels will damage the floodwalls and threaten New Orleans-area residents.
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Thank you again for the opportunity to comment on this RNA. If you would like further information, AWO would be pleased to provide it.
Sincerely,
Mark Wright
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National Issues
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AWO ASP and IVSP Approved by Coast Guard April 13, 2009
The U.S. Coast Guard has approved the updated versions of the AWO Alternative Security Program (ASP) and the International Vessel Security Plan (IVSP). While the plans had not yet expired, they needed to be updated to include the Transportation Worker Identification Credential (TWIC) regulations before they come into effect on April 15. Significantly, the plans take a more flexible approach to interim work authority for new hires who have applied for, but not yet received, a TWIC than originally allowed under the January 2007 regulations. The new plans also clarify documentation to be kept on board the vessel and allow the Company Security Officer to delegate security duties to other company personnel.
The updated ASP can be used by AWO members as a vessel security plan that meets the requirements of the Maritime Transportation Security Act of 2002. The updated IVSP is designed for use by towing vessels subject to the International Ship and Port Security (ISPS) Code, but can also be used by coastal AWO members to cover other vessels in their fleets. The amended IVSP incorporates changes made to the ASP in 2005, as well as new regulations regarding Vessel Security Officer endorsements and Ship Security Alert Systems (SSAS). Unlike the ASP, the IVSP is a template that must be customized with company- and vessel-specific information. Members using the IVSP must modify their security plans to reflect the changes to the IVSP and then send the plan, along with an updated Vessel Security Assessment report, SSAS annex, and letter from their SSAS service provider to the Coast Guard Marine Safety Center for approval.
Both plans are valid for five years and can be found on the AWO Members Only Web site. For the password to the plans, please contact Mary McCarthy at [email protected]. For your password to the AWO Members Only Web site, please contact Jayson Larner at [email protected]. For more information, contact Ms. McCarthy or Jennifer Carpenter at (703) 841-9300, extensions 254 or 260, respectively.
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Tank Vessel and Salvage Industries Meet to Discuss New Salvage and Firefighting Regulations June 5, 2009
On May 20, AWO and INTERTANKO representatives met with the American Salvage Association (ASA) to discuss implementation of the U.S. Coast Guard's salvage and firefighting final rule, published on December 31, 2008. (For a summary of the rule, see the January 16 AWO Letter.) The purpose of the meeting was to learn from the salvage industry how it foresees response providers meeting the planning standards contained in the rule, and attempt to develop common perspectives on input to provide to the Coast Guard as it develops a Navigation and Vessel Inspection Circular (NVIC) providing further clarification of the rule.
Meeting attendees included Jim Guidry, Kirby Corporation; Mike Magill, K-Sea Transportation, Inc.; Jennifer Carpenter, Senior Vice President-National Advocacy, AWO; Mary McCarthy, Government Affairs Associate, AWO; Joe Angelo, Director of Regulatory Affairs and the Americas, INTERTANKO; John Witte, President, American Salvage Association; and, Dick Fredericks, Executive Director, American Salvage Association. Representatives of the Chamber of Shipping of America and American Petroleum Institute were unable to attend the meeting but remain engaged in the ongoing tank vessel-salvage industry discussions.
In response to questions from AWO and INTERTANKO, ASA expressed confidence that response providers will have the salvage and firefighting assets to respond in compliance with the rule in all locations by June 1, 2010, the date by which tank vessel response plan holders must submit an amended response plan to the Coast Guard. (ASA acknowledged that there are still some remote areas today where salvage and firefighting coverage is not available within the time frames specified in the final rule.) ASA also advised that the salvage providers are working to position themselves to act as "general contractors" who will either directly provide or subcontract for the required salvage and firefighting services. This would enable tank vessel owners to contract with one (or a small number) of service providers (a "one-stop shopping" business model), rather than a large number of salvage and firefighting providers throughout their geographic area of operation.
AWO, INTERTANKO and ASA also reached agreement on a recommended approach to the regulatory requirement that contracts with a salvage provider including a funding agreement that must be submitted to the Coast Guard. The organizations agreed that it is unnecessary and inappropriate to provide detailed funding agreements containing rates and other proprietary information that the Coast Guard does not have the expertise to review and cannot guarantee to protect. Anticipating that clarification of what constitutes an acceptable funding agreement will be addressed in the forthcoming Coast Guard NVIC, the organizations agreed to jointly recommend to the Coast Guard that the documentation required to be included in a response plan be limited to a signed attestation by both parties (the tank vessel owner and the resource provider) that a funding agreement has been executed, the duration of the contact, and a statement that incident response will not be delayed to work out contract details.
Participants agreed to seek a meeting with the Coast Guard to discuss the common guidance on the development of the NVIC that came out of the meeting. For more information, please contact Ms. Carpenter or Ms. McCarthy at (703) 841-9300, extensions 260 or 254, respectively, or via email at [email protected] or [email protected].
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House Passes TSA Authorization Act Congress One Step Closer to Eliminating Second Trip to TWIC Enrollment Center
June 5, 2009
On June 4, the House of Representatives passed the Transportation Security Administration (TSA) Authorization Act (H.R. 2200) by a vote of 397-25. As reported in the May 22 edition of the AWO Letter, the bill includes language that would require TSA to develop a process for mailing Transportation Worker Identification Credentials (TWIC) to applicants’ homes, thus eliminating the requirement for a second trip to the TWIC enrollment center.
Section 403 of H.R. 2200, which was introduced on the House floor by Rep. Sheila Jackson-Lee (D-TX), requires that “Within 180 days after the date of enactment of the Transportation Security Administration Authorization Act, the secretary shall develop a process to permit an individual approved for a transportation security card under this section to receive the card at the individual’s place of residence.” The bill includes other provisions aimed at improving the efficiency and practicality of the TWIC program, including time limits within which TSA must review TWIC applications and requests for waivers and appeals; a provision allowing escorting of individuals who have applied for but not yet received a TWIC; a requirement that TSA establish procedures allowing fingerprinting to be conducted at security facilities (other than TWIC enrollment centers) operated by or under contract to agencies of the Department of Homeland Security; and, the prohibition of a separate security background check.
House passage of the TSA Authorization Act marks the first substantive step towards the elimination of the burdensome second trip requirement for TWIC applicants, one of AWO’s legislative priorities for 2009. A companion bill has not yet been introduced in the Senate but is expected to be considered this summer or early fall.
AWO thanks Homeland Security Committee Chairman Bennie Thompson (D-MS) and Border and Maritime Transportation Subcommittee Chairwoman Loretta Sanchez (D-CA) for their leadership in passing this important legislation. AWO also thanks those member companies who engaged in grassroots advocacy on this issue during the April “Barge-In,” and the maritime labor unions with whom the association worked closely in supporting passage of the bill.
If you have any questions, or if you would like to receive a copy of the specific language, please contact Jennifer Carpenter or Chris Coakley at (703) 841-9300 extensions 260 and 297, respectively, or via email at [email protected] or [email protected].
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AWO Urges Changes to Proposed TWIC Card Reader Requirements June 5, 2009
On May 26, AWO submitted comments to the U.S. Coast Guard on the agency’s March 27 Advance Notice of Proposed Rulemaking (ANPRM) on the Transportation Worker Identification Credential (TWIC) Card Reader Requirements. As reported in the April 13 edition of the AWO Letter, the ANPRM proposes to exempt vessels with crews of 14 or fewer from carrying readers on board. In its comments, AWO supported the Coast Guard’s recognition that electronic card readers add little or no security value in some circumstances, but offered an alternative view of how the concepts of risk and value- added should be applied in deciding whether and where electronic card readers should be required.
Writing on behalf of AWO’s members, Jennifer Carpenter, AWO Senior Vice President-National Advocacy, outlined the “intellectual framework” that AWO believes should guide the development of card reader requirements. This framework is based on four premises:
1. The use of card readers on vessels is not required by the Maritime Transportation Security Act of 2002 (MTSA), the SAFE Port Act of 2006, or any other Congressional mandate. 2. A risk-based approach to the card reader question should take into account all of the risk-reduction measures that have been implemented pursuant to MTSA 2002 and the SAFE Port Act, and consider the incremental value to be gained from a card reader requirement. 3. The requirement for certain personnel to obtain a TWIC has added significant security benefits that exist independently of the use of card readers. 4. Operational factors, such as crew size and the number of individuals attempting to gain access at one time, are critical in determining the value of a TWIC reader in a given circumstance.
Applying these premises together, AWO recommended a simpler, clearer approach to the establishment of TWIC reader requirements for vessels. First, AWO recommended that the Coast Guard exempt outright vessels with fewer than 14 crewmembers, a similar but more straightforward approach than the Coast Guard’s own suggested method of “recurring unescorted access.” Additionally, AWO urged the Coast Guard to eliminate the risk group concept for vessels, expressing serious concerns about the practicality of tying reader requirements to a risk-based system that does not mesh well with the day-to-day operations of towing vessels. Under the risk group structure,” Ms. Carpenter noted, “it will be common for towing vessels to move back and forth between risk groups – from A to C and back again – depending on the cargo of the barge in tow. The proposed requirements do not seem to take this operational reality into account.”
AWO also urged the Coast Guard to eliminate the requirement that vessel owners use a card reader to conduct an initial biometric match of a new employee’s TWIC. “It is redundant to impose this requirement on vessel owners when the same match has already been conducted by TSA at the time of card activation,” wrote Ms. Carpenter. Instead, AWO proposed that vessel owners should be required to conduct a thorough visual inspection of the TWIC when any crewmember requiring a TWIC has been hired; when that crewmember boards the vessel at the beginning of his or her tour of duty; and, when any authorized TWIC carrying non-employee seeks unescorted access to the vessel. Lastly, AWO supported the concept of a privilege granting system in which TSA notifies employers when an employee’s card has been placed on the Hotlist. AWO recommended that privilege granting be the standard mechanism for allowing employers to ensure the continued validity of employees’ TWICs and that there be no fee associated with this service.
If you have any questions, or would like to receive a copy of AWO’s comments to the docket, please contact Jennifer Carpenter or Brian Vahey at (703) 841-9300, extensions 260 or 251, respectively, or via email at [email protected] or [email protected].
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Biographies
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Captain Tom Hooper is the Chief of the Western Rivers Division at the Eighth Coast Guard District Office in New Orleans, LA. He supervises the three Coast Guard Sector Commands on the rivers. Captain Hooper was born in Texas and grew up in St Louis, Missouri. He enlisted in the Coast Guard in 1973 and went to basic training in Alameda, California. He was in the Ceremonial Honor Guard in Washington, D.C. as a seaman and as a Boatswain's Mate he ran small boats in Virginia and served in a seagoing buoy tender in Adak and Kodiak, Alaska. Captain Hooper was commissioned in 1980 at Officer Candidate School and returned to Juneau, Alaska on another buoy tender as an Ensign. He has had three commands afloat—a 95 foot patrol boat in Alaska, a 110 foot patrol boat in Florida and a 180 foot buoy tender in California. He was an instructor and platoon officer at Officer Candidate School and he's had staff assignments at a District Office, Area Office and Headquarters. Captain Hooper’s personal awards include four Meritorious Service Medals and three Coast Guard Commendation Medals. He is married and has two grown children, a son in the Army and a daughter who is a high school math teacher in the Recovery School District in New Orleans.
122 of 125 Captain Lorne W. Thomas, U. S. Coast Guard Chief, Prevention Division Ninth Coast Guard District, Cleveland Ohio
Captain Lorne Thomas reported aboard in Cleveland in July of 2007 as the Prevention Division Chief position for the Ninth Coast Guard District. He is responsible for and for supporting the Coast Guard field units on the Great Lakes in the execution of Coast Guard missions and developing regional policy with respect marine safety, waterways management, environmental protection, aids to navigation, bridge administration, ice breaking and the CG Auxiliary.
Originally from the Boston area, Captain Thomas graduated in 1981 from the United States Merchant Marine Academy at Kings Point NY with a degree in Nautical Science. He worked on several different vessels in the U.S. merchant marine prior to receiving his Coast Guard commission from Officer Candidate School in 1983.
Captain Thomas was initially assigned as a Deck Watch Officer aboard the CGC VIGILANT (WMEC- 617), a medium-endurance class cutter homeported in New Bedford MA. His underway patrol experience included fisheries enforcement in the Northwest Atlantic and narcotics interdiction in the Caribbean.
In 1986, Captain Thomas entered the Marine Safety field at the Marine Inspection Office in New York. He conducted inspections on vessels in the New York City area and on the U.S. merchant fleet operating overseas in Europe, Africa and the Middle East. He also served as the Training Officer and the Assistant Chief of Investigations.
In 1990, he completed a six-month long Port Safety Industry Training program with the ports of San Francisco and Oakland CA. This training program prepared him for his follow on tour at Marine Safety Office San Francisco Bay where he served as the Chief of Port Safety and Waterways Management Activities as well as the Chief of the Marine Environmental Response Division.
In 1994, Captain Thomas attended The George Washington University and obtained a Master’s Degree in Environmental Resource Policy. He subsequently served at Coast Guard Headquarters in the Marine Safety and Environmental Protection Directorate’s Office of Response from 1996 to 1999. Following this staff assignment, Captain Thomas served as the Executive Officer, Marine Safety Office Wilmington North Carolina from 1999 to 2002 followed by a tour as Commanding Officer of the Marine Safety Office in Cleveland Ohio from 2002 to 2005.
In July of 2005, Captain Thomas reported to Coast Guard Headquarters in Washington DC to head up the Operating and Environmental Standards Office where he led the development of a wide variety of national and international standards and regulations for the maritime industry. In July 2007, CAPT Thomas returned to Cleveland.
Captain Thomas’ personal awards includes a three Meritorious Service medals, two Coast Guard Commendation Medals; three Coast Guard Achievement Medals; and two Commandant's Letter of Commendation Awards. He proudly wears four Unit Commendations, three Meritorious Unit Commendations, and three Meritorious Team Commendations.
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The national advocate for the tugboat, towboat and barge industry.
Mark Your Calendar!
Midwest, Ohio Valley and Southern Regions Joint Annual Meeting January 28-29, 2010 New Orleans, LA
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Notes ______
Midwest and Ohio Valley Regions Joint Summer Meeting August 19-20, 2009
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