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US DEVELOPMENTS – March 2023

Circular Ref: A(23)77

Please find attached,  at Annex A, the monthly report prepared by the Chamber of Shipping of America (CSA) for March 2023.  

 The report at Annex A:  

1.    The report details that the CSA has launched a new website with updated contact information, event registration, and overall user experience.;
 
2.    Makes a note that the Blue Sky Maritime Coalition (of which the CSA is a founding member) held a webinar in March          on the decarbonization of the US/Canada Maritime Industry, which was aimed at providing an overview of maritime decarbonization issues to US government officials and raising awareness of the coalition's work. The coalition plans to conduct an outreach program in the next few months focused on the legislative branch with the same outreach goals in mind;

3.    Outlines that the California Air Resources Board (CARB) has issued two documents regarding its Ocean Going Vessel (OGV) At Berth regulations. The first document is new reporting templates which can be accessed on the CARB OGV website and the second document is an enforcement policy notice which provides guidance on reporting and enforcement during the transition period starting from January 1, 2023. Regulated entities must choose one of two enforcement path options by May 1, 2023, and report it to CARB via email;

4.    Notes that Representative Costa (D-CA) introduced the Ocean Shipping Antitrust Enforcement Act (HR 1696) to amend the Ocean Shipping Reform Act by empowering the Federal Maritime Commission to submit written views on ‘transactions of common carriers and marine terminal operators’ under antitrust laws, which arguably could effectively eliminate the current framework enabling Vessel Sharing Agreements (VSAs). The sponsor and co-sponsors of the bill argue that the legislation will hold foreign monopolies accountable, while the critical question remains whether eliminating VSAs is the way to accomplish this goal;

5.    Mentions that Representative Johnson (R-SD) and Garamendi (D-CA) have introduced a bill to exist alongside the Ocean Shipping Reform Act with provisions that were proposed but not included in the final agreed legislation. This bill – the Ocean Shipping Reform Implementation Act (no bill number assigned as of yet) – aims to crackdown on ‘China's attempts to influence America's supply chain’ and includes provisions such as: prohibiting US port authorities from using Chinese ‘state-sponsored malware’ such as the National Transportation Logistics Public Information Platform (LOGINK), examining the influence of China on the business practices of the Shanghai Shipping Exchange, and authorizing the FMC to stipulate additional minimum requirements for service contracts by ocean carriers. The bill was introduced in late March and is expected to be referred to the House Committee on Transportation and Infrastructure;

6.    Details that the American Port Access Privileges Act (HR 1013), which was introduced in mid-February and was referred to the House Transportation and Infrastructure Committee, has had no developments as of last month's report.

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