US DEVELOPMENTS – AUGUST 2023
Circular Ref: A(23)165
Issue Date: 20 Sep 2023
Attached at Annex A, please find the monthly report prepared by the Chamber of Shipping of America (CSA) for August 2023.
- The report outlines that, due to the summer recess, there are no updates on pending legislations that have been noted in previous monthly reports, but, in the next month’s update, there will be a comprehensive assessment of those bills;
- Makes a note that the Stop Harboring Iranian Petroleum (SHIP) Act (S 1829/HR 3774), aims to sanction activities generating revenue from Iranian petroleum products, with bipartisan support. Questions remain about the need for these bills, considering existing presidential sanction powers. If both advance, reconciliation may be needed, with the House version likely as the base bill;
- Outlines that the US Department of Agriculture’s Animal and Plant Health Inspection Services is proposing fee updates for agricultural quarantine and inspection services related to transportation, especially commercial vessels from international ports due to an annual deficit of over $166 million. The proposed rule includes significant fee hikes for commercial vessels, up to 430% from the current baseline, due to larger cargo capacities. The CSA opposes these increases and suggests a base fee per vessel port call with incremental fees based on size and cargo and urges members should submit comments before October 10, 2023, opposing the fee hikes;
- Notes that MARPOL Annex VI outlines Engine Power Limiters (EPLs) and governors for vessel power control. The US Coast Guard (USCG) issued a safety bulletin emphasising the need for pilot cards to specify both maximum power with EPL engaged and maximum power if overridden. CSA is discussing with the USCG whether EPLs can be pre-emptively overridden in pilotage waters due to changing conditions and will provide updates on this matter;5. Makes a note that, in 2018, the Vessel
- Incidental Discharge Act required the EPA to set regulations for covered discharges by December 2020, followed by USCG regulations by December 2022. The EPA missed its deadline but plans to release clarifications and additional options in a supplemental rulemaking notice in September 2023. CSA will analyse it and share with members for comments. The EPA aims to publish the final rule by the fall of 2024; and
- Outlines that in February 2023, the USCG issued rules for reporting sexual misconduct on US-flagged vessels. CSA and AWO are working together to address confusion around reporting requirements. The USCG is considering changes to clarify definitions. CSA will provide updates on clarifications soon.