U. S. Coast Guard Regulatory / Legislative Developments Rear Admiral Bill Baumgartner WISTA 2008 Annual Conference October 2008 U.S. Coast Guard Judge Advocate General

Enhancing the Coast Guard Marine Safety Program Objective Action Progress Improve the Coast Guard’s Marine Safety Capacity and Performance Increase marine inspector and investigator capacity Strengthen marine inspection and investigation consistency through addition of civilian positions Increase accessions from U.S. Merchant Marine Academy and maritime institutions Strengthen Marine Safety career paths Expand professional Marine Safety training and education Expand opportunities for maritime industry training Enhance engineering capacity for plan review, policy, and standards development Multiple marine safety resource proposals Senior civilian training officer additions to all Sectors and Marine Safety Units Doubling annual MARGRAD accessions Auth Bill proposal for promotion targets Increase post graduate opportunities by 50%. Double annual industry training billets Add billets to support plan review, policy and standards development Enhance Service Delivery to Mariners and Industry Customers Establish Centers of Expertise (COEs) Improve information technology systems Increase rulemaking capacity to meet regulatory implementation Improve credentialing through greater efficiency, transparency and capacity 6 new COEs planned including 2 in FY08 Add IT for marine safety field personnel Add billets to boost standards development, including 31 in FY08 NMC restructuring complete in CY08 – Expand Outreach and Advisory Mechanisms for Industry and Communities Establish Assistant Commandant for Marine Safety, Security, and Stewardship. Establish a national council of maritime advisors for the Commandant. Exercise leadership at international, national, regional, state, and local safety, security, and environmental committees. Completed CY 08 Began series of listening sessions with maritime stakeholders Double annual flag officer attendance at marine safety forums FY08 FY09 FY10 FY08 FY08 FY08 FY08 FY08 FY10 FY08 FY10 FY08 FY09 FY10 FY08 FY10 FY08 FY08 FY08 FY08

Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub. L. No. 110-329) provides approximately $6.2 billion for the operating expenses of the Coast Guard. This amount includes: the Administration’s $20.0 million request for the Marine Inspection Program, plus an additional $23.5 million for marine safety and security missions, including — environmental response ($2.4 million; 26 personnel (18 military, 8 civilian)); marine inspection ($6.2 million; 64 personnel (25 military, 39 civilian)); and watchstanders ($2.5 million; 42 personnel (39 military, 3 civilian)).

Inspection of Towing Vessels Coast Guard boarding about 1,500 towing vessels annually. Looking for violations of regulations concerning licenses and manning requirements, navigation and safety equipment requirements. Coast Guard authorized to set hours of service limits aboard towing vessels (Sec. 409, Coast Guard and Marine Transportation Act of 2004) The Coast Guard has provided crew endurance management training for over 2,500 mariners and has published a navigation and vessel inspection circular. Coast Guard authorized to inspect and certify towing vessels (Sec. 415, Coast Guard and Marine Transportation Act of 2004) This requires a new subchapter in the Code of Federal Regulations and additional manpower in nearly every Coast Guard sector to enforce it. NPRM anticipated in spring 2009.

Marine Casualty Investigations Coast Guard and National Transportation Safety Board (NTSB) share authority Coast Guard Responsibilities (all marine casualties) Investigates cause of casualty, actions of licensed / documented mariners, actions of CG members, potential for civil or criminal action, and need for new laws or regulations to prevent future occurrences NTSB Responsibilities (major marine casualties) Conducted solely to determine facts, circumstances, and cause of transportation casualty and to develop safety recommendations Joint MOU between CG / NTSB establishes guidelines for joint investigations and lays out criteria for establishing lead agency

Incidental Discharges EPA extension for National Pollutant Discharge Elimination System (NPDES) vessel permit scheme expires 19 Dec 08. http://cfpub.epa.gov/npdes/home.cfm?program_id=350 Congress passed two laws in 2008 impacting vessel permits Clean Boating Act of 2008 exempts recreational vessels from NPDES permit requirements P.L. 110-299 imposes 2 year moratorium on NPDES requirements for commercial vessels less than 79 and commercial fishing vessels Ballast Water Issues

Other Legislative & Regulatory Initiatives Coast Guard Authorization Act Regulatory Review & Reform Project Transportation Worker Identification Credential (TWIC) Where to report problems for enrollment? If you have enrolled and are looking for card status, you can use the “card status online check” at http://www.tsa.dhs.gov/twic // If you haven’t gotten that far, report problems to the Lockheed Martin Helpdesk 1-866-347-8942 (1-866-DHS-TWIC); if no resolution, send an e-mail to TSA at credentialing@dhs.gov and include all of your information (name, DOB, enrollment location, etc.) Dry Cargo Residue Merchant Mariner Medical NVIC