Ferries – Ferries – Federal Legislative Federal Legislative

and Regulatory and Regulatory OutlookOutlook

Edmund B. WelchEdmund B. Welch

Passenger Vessel AssociationPassenger Vessel Association

111111thth Congress Congress Public Law 111-215 -- Exemption for Public Law 111-215 -- Exemption for

DischargesDischarges

H.R. 3619 – Coast Guard Authorization Act of H.R. 3619 – Coast Guard Authorization Act of 2010 2010

Oil Pollution Act amendmentsOil Pollution Act amendments

H.R. 5503 – Limitation of LiabilityH.R. 5503 – Limitation of Liability

U.S. Ferry Systems Investment Act U.S. Ferry Systems Investment Act (S. 934 Murray/H.R. 2172 Larsen)(S. 934 Murray/H.R. 2172 Larsen)

Public Law 111-215Public Law 111-215 EPA Vessel General PermitEPA Vessel General Permit

Discharges from a Properly Functioning Marine Discharges from a Properly Functioning Marine Engine or of Wastewater Incidental to Operation Engine or of Wastewater Incidental to Operation of a Vesselof a Vessel

In 2008, Congress Exempted (for two years) a In 2008, Congress Exempted (for two years) a Vessel of Under 79 Feet in Length (or a Fishing Vessel of Under 79 Feet in Length (or a Fishing Vessel) Vessel)

Enacted on July 30, 2010, New Law Continues Enacted on July 30, 2010, New Law Continues this Statutory Exemption until December 18, 2013this Statutory Exemption until December 18, 2013

Public Law 111-215 Public Law 111-215 (more)(more)

EPA Vessel General Permit Remains in EPA Vessel General Permit Remains in Force for a Vessel of 79 Feet in Length Force for a Vessel of 79 Feet in Length or Greateror Greater

Also for a Vessel of any Length that Also for a Vessel of any Length that Discharges Ballast WaterDischarges Ballast Water

PVA has Guidance Document for PVA has Guidance Document for Members Summarizing How to Comply Members Summarizing How to Comply with EPA Vessel General Permitwith EPA Vessel General Permit

Coast Guard Authorization Coast Guard Authorization Act of 2010Act of 2010

H.R. 3619 approved in different H.R. 3619 approved in different versions by House and Senatversions by House and Senat

Will 111Will 111thth Congress Complete Work Congress Complete Work on this Legislation?on this Legislation?

Safety Management Safety Management SystemSystem

Section 810 of House BillSection 810 of House Bill

Will Require SMS on Certain Will Require SMS on Certain Passenger VesselsPassenger Vessels

Threshold: “Transporting More Threshold: “Transporting More Passengers than a Number Prescribed Passengers than a Number Prescribed by the Secretary” of Homeland by the Secretary” of Homeland SecuritySecurity

Safety Management System Safety Management System (more)(more)

In establishing SMS regulations, In establishing SMS regulations, Secretary must consider “characteristics, Secretary must consider “characteristics, methods of operations, and nature of the methods of operations, and nature of the service” of covered passenger vesselsservice” of covered passenger vessels

For ferry vessel, Secretary must also For ferry vessel, Secretary must also consider the size of the ferry system in consider the size of the ferry system in which it operateswhich it operates

No SMS provision in Senate billNo SMS provision in Senate bill

Survival CraftSurvival Craft Section 808 of House bill; Not in Senate billSection 808 of House bill; Not in Senate bill

Secretary may not approve a “survival craft” Secretary may not approve a “survival craft” as a safety device unless craft ensures that as a safety device unless craft ensures that “no part of an individual is immersed in “no part of an individual is immersed in water”water”

Bill doesn’t define term “survival craft”Bill doesn’t define term “survival craft”

Existing survival craft in serviceable Existing survival craft in serviceable condition can stay in use until 2015condition can stay in use until 2015

Limitation of LiabilityLimitation of Liability H.R. 5503 – Conyers – Securing Protections H.R. 5503 – Conyers – Securing Protections

for the Injured from Limitations of Liability for the Injured from Limitations of Liability ActAct

Approved by House on Accelerated ScheduleApproved by House on Accelerated Schedule

Liberalizes Recoveries Available UnderLiberalizes Recoveries Available Undera. Limitation of Liability Act of 1920a. Limitation of Liability Act of 1920b. Death on the High Seas Actb. Death on the High Seas Actc. Jones Actc. Jones Act

Limitation of Liability Limitation of Liability Act (more)Act (more)

Existing Limitation of Liability Act allows Existing Limitation of Liability Act allows consolidation of cases, allows shipowner consolidation of cases, allows shipowner to seek court order limiting all damages to to seek court order limiting all damages to specified amountspecified amount

Bill would repeal LOLABill would repeal LOLA

Expand recoveries under DOHSA, Jones Expand recoveries under DOHSA, Jones Act to permit nonpecuniary losses (loss of Act to permit nonpecuniary losses (loss of care, comfort, companionship) (both) and care, comfort, companionship) (both) and pain and suffering (DOHSA)pain and suffering (DOHSA)

Americans with Americans with Disabilities ActDisabilities Act

Ferry Vessels Are Engaged in “Transporting Ferry Vessels Are Engaged in “Transporting People”People”

That is, Embark Passengers at Point A and That is, Embark Passengers at Point A and Carry Them to Part B for DisembarkingCarry Them to Part B for Disembarking

Covered by Final Rule Issued by U.S. Covered by Final Rule Issued by U.S. Department of Transportation on July 6, 2010Department of Transportation on July 6, 2010

Effective Date: November 3, 2010Effective Date: November 3, 2010

ADA (more)ADA (more) DOT Rule Addresses Service IssuesDOT Rule Addresses Service Issues

Vessel Construction Requirements Are Vessel Construction Requirements Are Being Addressed Separately by U.S. Being Addressed Separately by U.S. Access BoardAccess Board

Purpose of Rule – Prohibit Discrimination Purpose of Rule – Prohibit Discrimination Against Passengers with Disabilities and Against Passengers with Disabilities and Require Adjustments in Service and Require Adjustments in Service and Policies to Accommodate Such PassengersPolicies to Accommodate Such Passengers

ADA (even more)ADA (even more)

Department of Justice Rule Applies to Department of Justice Rule Applies to Service by Passenger Vessel Operated Service by Passenger Vessel Operated by Entity Not Primarily Engaged in by Entity Not Primarily Engaged in Transporting People (i.e., dinner Transporting People (i.e., dinner cruise, sightseeing vessel)cruise, sightseeing vessel)

U.S. Access Board will conduct visits U.S. Access Board will conduct visits of PVA member passenger vessels in of PVA member passenger vessels in Chicago at end of SeptemberChicago at end of September

Diesel Engine Reduction Diesel Engine Reduction GrantsGrants

Pursuant to EPA’s DERA programPursuant to EPA’s DERA program

Likely to be another round of competition Likely to be another round of competition for grants in 4for grants in 4thth Quarter Quarter

Applicant Must Demonstrate that Applicant Must Demonstrate that Replacement Engines or Other Technology Replacement Engines or Other Technology will Reduce Emissionswill Reduce Emissions

Competition is Conducted per EPA RegionCompetition is Conducted per EPA Region

California Harborcraft California Harborcraft RuleRule

By California Air Resources BoardBy California Air Resources Board

Already in EffectAlready in Effect

Requires Engines on Most Ferries to Requires Engines on Most Ferries to Achieve Lower Emissions Standards by Achieve Lower Emissions Standards by Certain DatesCertain Dates

Existing Engines Must be Made Compliant Existing Engines Must be Made Compliant or Replaced Per a Scheduleor Replaced Per a Schedule

No Discharge ZonesNo Discharge Zones Applies to Vessel Sewage Effluent (Even if Applies to Vessel Sewage Effluent (Even if

it is Treated by Marine Sanitation Device)it is Treated by Marine Sanitation Device)

Established By EPA acting on a request Established By EPA acting on a request by a Stateby a State

Most Common Basis for NDZ is Showing Most Common Basis for NDZ is Showing that Adequate Pumpout Facilities Exist that Adequate Pumpout Facilities Exist (for both Recreational and Commercial (for both Recreational and Commercial Vessels)Vessels)

No Discharge Zones No Discharge Zones (more)(more)

California Petition Currently Pending; California Petition Currently Pending; Comment by November 1Comment by November 1

Would Declare All of California State Would Declare All of California State Waters as No Discharge ZoneWaters as No Discharge Zone

Would Apply to Large Oceangoing Ships Would Apply to Large Oceangoing Ships (300 tons and more)(300 tons and more)

Proposed under another portion of Clean Proposed under another portion of Clean Water Act – no showing of Pumpout Water Act – no showing of Pumpout Facilities necessaryFacilities necessary

Security – TWIC ReadersSecurity – TWIC Readers

Federal law requires a test in real-world Federal law requires a test in real-world conditions before readers can be requireconditions before readers can be require

Three PVA members (two ferries) are Three PVA members (two ferries) are testing readerstesting readers

Coast Guard would like to propose TWIC Coast Guard would like to propose TWIC reader rule next yearreader rule next year

PVA opposes readers for ferriesPVA opposes readers for ferries

Security – “MTSA II Security – “MTSA II Rule”Rule”

Coast Guard working on proposal to Coast Guard working on proposal to amend, supplement existing regulations amend, supplement existing regulations implementing Maritime Transportation implementing Maritime Transportation Security ActSecurity Act

May be proposed next yearMay be proposed next year

Likely to include certified training Likely to include certified training requirement for Vessel and Facility requirement for Vessel and Facility Security OfficersSecurity Officers

Thank You!Thank You!

Edmund B. WelchEdmund B. WelchLegislative DirectorLegislative DirectorPassenger Vessel AssociationPassenger Vessel Association901 North Pitt Street, Suite 100901 North Pitt Street, Suite 100Alexandria, VA 22314Alexandria, VA 22314703-518-5005 ext 27703-518-5005 ext 27ewelch@passengervessel.comewelch@passengervessel.comwww.passengervessel.comwww.passengervessel.com