US DEVELOPMENTS – SEPTEMBER 2023
Circular Ref: A(23)185
Issue Date: 18 Oct 2023
Attached at Annex A, please find the monthly report prepared by the Chamber of Shipping of America (CSA) for September 2023.
- The report out lines that there are no significant changes in pending legislation apart from the Ocean Shipping Reform Implementation Act (HR 1836), which features additional provisions. Other bills, like the Clean Shipping Act of 2023 (HR 4024) and Stop Harboring Iranian Petroleum (SHIP) Act (S 1829/HR 3774), have been introduced with committee referrals;
- Makes a note that the Animal and Plant Health Inspection Services/US Department of Agriculture aims to raise user fees, notably by 400% for container megaships. CSA supports some fee increases, proposing a base fee of $1650 per vessel with tiered charges based on vessel type and size, contingent on current data for accurate fees;
- Advises that the USCG recently issued Marine Safety Information Bulletins in two US ports, emphasising the need to update pilot cards for vessels. These cards should include information about a ship’s maximum power with and without power- limiting devices. Some local pilot associations are concerned that ships in pilotage waters may be underpowered. CSA is working with the USCG to seek clarification and a consistent approach. They invite input from the shipping industry on vessel transit and the impact of disengaging overridable power limitation devices on engine speed. The goal is to ensure pilots have a clear understanding of a vessel’s manoeuvring capabilities and the need for vessels to comply with IMO Guidelines for safe navigation, even when equipped with power-limiting devices;
- Notes that the USCG allows voluntary use of Electronic Record Books (ERBs) for MARPOL regulations on US and non-US flag vessels in US waters. Compliance requires following specific provisions and integrating ERBs into the Safety Management System;
- CSA assisted the Pacific Merchant Shipping Association in opposing a significant rate increase request by the Puget Sound Pilots (PSP). The Washington UTC (the body that adjudicates pilot rate cases) approved a more moderate rate increase, emphasising their role in setting fair compensation unrelated to shipping industry practices. CSA’s testimony highlighted that risks for PSP member pilots were not increasing, and UTC acknowledged that safety measures mitigated risks from larger vessels. No additional rate increases were approved as a result;
- Advises companies receiving notices regarding the Nigerian Income Tax to consult their P&I Clubs and Nigerian-licensed legal counsel and acknowledges; and
- Provides links to U.S. Maritime Advisories that address the impact of the Ukraine conflict and threats in the Persian Gulf, Strait of Hormuz, Sea of Oman, and other regions.