US DEVELOPMENTS – December 2022
Pleased find attached, at Annex A, the monthly report prepared by the Chamber of Shipping of America (CSA) for December 2022.
The report at Annex A:
1. Identifies and summarises two bills of note which are likely to be re-introduced in the next session of Congress: the Close Agency Look-Holes to the Jones Act Bill (HR 9548) which seeks to eliminate current CBP practice of case by case exemptions from the Jones Act; and the Rebuilding the United States-Flag International Fleet Act (HR 9102), designed to strengthen US government cargo preference programs and the export of US food aid cargoes;
2. Reports on the FMC data request from top twenty shipping lines trading to/from the US on actions undertaken in compliance with the Ocean Shipping Reform Act. Broadening of this data request to assess compliance is expected by the FMC;
3. Updates that reporting requirements for the California Air Resources Board (CARB) at Berth Regulation came into effect on 1 January 2023, and are applicable to all vessel types calling into Californian ports. Emissions control requirements of this legislation will be phased in by vessels type and location until 2027; and
4. Provides links to US Maritime Advisory on Piracy, Armed Robbery and Kidnapping for ransom in the Gulf of Guinea, and a US Maritime Alert concerning drone attacks on commercial vessels in the Gulf of Aden.
Complementing this report, attached at Annex B, please find the CSA analysis on the US National Defense Authorization Act, which became law on 23rd December 2022. The Act contains a number of provisions of note to the maritime sector, including: authorizations and programs applicable to Dept of Energy National Security Authorizations; the MARAD Authorization Act; and the Don Young Coast Guard Authorization. It should be noted that a number of these provisions recognize the need to reinvigorate the US-flagged fleet for both commercial and national security purposes as well as to ensure a sufficient supply of US mariners to meet the manning needs of the US-flagged fleet.
The ICS Secretariat will monitor closely the issues outlined in the reports above, and members are kindly invited to direct any comment or question on the attached reports to (georgia.spencer-rowland@ics-shipping.org).