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LEGISLATIVE ISSUES
 
LEGISLATIVE ISSUES
Decisions in the U.S. Congress directly impact your passenger vessel operations, positively and negatively. PVA maintains close contact with key legislators and committees on Capitol Hill to make sure that Senators and Representatives take into account the needs and wishes of our segment of the maritime industry.

PVA's Board of Directors establishes the association's agenda on Capitol Hill, with recommendations from the Passenger Vessel Association's Legislative Director and the PVA Legislative Committee, a group of some twenty association members who volunteer their services.

Witnesses representing the Passenger Vessel Association testify at Congressional hearings on subjects such as the regulatory burden of the TWIC (Transportation Worker Identification Credential) on small-business passenger vessel operators, the unacceptable delays in the Coast Guard's issuance of licenses and documents for mariners and proposals to amend the Jones Act and the Passenger Vessel Services Act to allow foreign-flagged cruise ships to carry passengers from one U.S. port to another.

In addition, when a proposal in a states legislature might have nationwide implications, the Passenger Vessel Association assists its members in that state in their efforts to influence the outcome of the policy debate.

Issues in Congress of current importance to PVA include:

Congress Continues "Smaller Vessel" Exemption from EPA Vessel General Permit for Incidental Wastewater Discharges
PVA successfully lobbied to extend for nearly three years the existing exemption that applies to most commercial passenger vessels of 79 feet in length or less.

PVA Successfully Contributes to Final Version of new Cruise Vessel Security and Safety Act
Public Law 111-207 is the Cruise Vessel Security and Safety Act of 2010. Because of intervention by the Passenger Vessel Association, the new law should not have direct impacts on U.S.-flagged passenger vessels operated by PVA members.

The current 111th Congress is trying to put the final touches on what would be the first Coast Guard Authorization Act in six years
The Congressional calendar is an obstacle to completion of the task. Will the new Congress to be convened in January inherit the job?

Coast Guard Authorization Act of 2010
The U.S. House of Representatives passed the Coast Guard Authorization Act of 2010 on October 23, 2009. A number of provisions will affect PVA members.

Mariner Credentialing Process Needs Improvement, PVA Tells Congressional Hearing
Testifying before Congress on July 9, 2009, PVA President Bill Clark told legislators that the Coast Guard's centralized system for issuing merchant mariner credentials must be improved.

Traditional navigation routes for ferries and other passenger vessels must be protected
That was PVA's testimony provided to President Obama's Interagency Task Force on Ocean Policy. It's a timely message as non-traditional users move into coastal waters, prompting calls for "marine spatial planning" (that is, ocean and coastal zoning).

PVA opposes proposed "Card Check" change to federal labor laws
Because the PVA Board concluded that legislation now pending in Congress would disrupt a fair and appropriate balance between employers and labor, it has gone record opposing the so-called Employee Free Choice Act. Click for more information.

Two legislators from Washington State - Senator Patty Murray and Congressman Rick Larsen - have introduced legislation that proposes a significant expansion of federal attention to ferry transportation
It will be considered as Congress debates the Surface Transportation Act of 2009. Click for more information.

The U.S. Constitution protects a ferry operator from unreasonable fees imposed by a port authority
While such fees are not impermissible per se, they must be rationally related to services actually provided to the vessel operator, not simply a means of raising revenue for the port authority. Click for more information.

California Harborcraft Air Emissions Rule is in Effect Now
On January 1, 2009, California's Harborcraft Air Emissions Rule went into effect. It will have an impact on virtually every vessel operated by PVA members in that state.

Vessel Speed Limits Imposed to Protect Right Whales
Vessels of 65 feet or more in length, including ferries and whalewatching boats, must adhere to 10-knot speed limits in specific geographic areas at certain times of the year.

Concern About Marine Safety Functions of Coast Guard
Testifying before Congress on August 2, 2007, PVA's Regulatory Affairs Consultant Peter Lauridsen voiced PVA's concern about the growing deficiencies evident in the Coast Guard's performance of its marine safety mission. Click here to read Pete's testimony.

Transportation Worker Identification Credential (TWIC)
On July 12, 2007, the Transportation and Infrastructure Committee of the U.S. House of Representatives conducted a hearing on implementation of the Transportation Worker Identification Credential (TWIC). PVA's witness was Debbie Gosselin of Chesapeake Marine Tours/Watermark Cruises of Annapolis. Maryland. Click here to read Debbie's testimony.

Capital Construction Fund
Federal tax law permits some, but not all, passenger vessel operators to establish tax-deferred Capital Construction Fund accounts to accumulate funds for the construction of a new vessel. The Passenger Vessel Association is working for legislation to allow all passenger vessel operators to have the option of using Capital Construction Funds.

Federal Estate Tax
The PVA Board of Directors has called for Congress to enact relief from the federal estate tax for owners of companies that operate passenger vessels. Click for more information.

Marine Mammal Protection Act
This law protects marine mammals, including whales, from harm or harassment. Commercial whalewatching activities from passenger vessels that observe viewing guidelines are acceptable under the law and have the beneficial effect of promoting awareness of the need to conserve these species. As the Marine Mammal Protection Act is amended and reauthorized, the Passenger Vessel Association will ensure that any changes are not detrimental to commercial whalewatching vessel operators.

Travel between Canada and the U.S.
Quite a few PVA ferry operators serve routes between the U.S. and Canada. Proposals to increase homeland security on the northern border that entail added documentation or fees for travelers must not have the unintended effect of curtailing legitimate travel between the two countries. PVA works with other organizations to keep travel between Canada and the United States free of excessive security and documentation requirements.

Opposition to Increased User Fees
With depressing regularity, federal budget officials promote increased user fees for Coast Guard services, Customs activities and security requirements. PVA believes that these governmental services benefit the nation as a whole and should be financed by general tax revenues, not user fees from vessel operators or passengers.

Employment Flexibility for Dinner Boat Operators
Under existing laws, service businesses such as restaurants and theme parks can hire foreign workers possessing legal documents for temporary work in the U.S. However, they cannot be employed on a U.S.-flagged vessel. PVA has called for Congress to change the law to allow dinner cruise vessel operators to have parity with land-based restaurants in hiring legal workers from abroad.

Funding for Ferries
The Passenger Vessel Association advocates increased federal funding and policy support for ferries as an integral part of the nation's transportation network. During the renewal of the nation's major transportation law (SAFETEA-LU), PVA successfully lobbied for renewal of and increased funding of the Ferry Boat Discretionary Grant Program. PVA was also instrumental in the law's mandate for an upgraded National Ferry Database. The Passenger Vessel Association believes that transportation by ferry should be encouraged by federal, state and local governments in the same manner as are other forms of mass transit.

Merchant Mariners Credentials Improvement Act
PVA's Board of Directors has endorse the Merchant Mariner Credentials Improvement Act of 2007 (H.R. 1605). This bill is intended to eliminate some of the problems associated with the current system of applying for Coast Guard licenses, merchant mariner documents, and certificates of registry.

Safety Management System
Congress is considering whether to require the implementation of safety management systems on certain passenger vessels in domestic service.

Coastwise Waiver
The U.S. Maritime Administration has a procedure for the owner of a small passenger vessel carrying 12 or fewer passengers for hire to obtain an administrative waiver of the coastwise laws.

Ferry Screening Court Decision
In November 2006, a federal appeals court rejected a constitutional challenge to a PVA ferry member's program of random screening of passengers and vehicles as part of its security plan required by the Maritime Transportation Security Act of 2002.

Vessel Sewage Discharges
Whether or not a vessel can discharge sewage into the surrounding waters is determined by a variety of laws and rules.

Immigration Fee Repeal
Read the story about how PVA successfully advocated the repeal of a federal immigration fee of $3 per passenger for ferries arriving in the U.S. from Canada.

Vessel Manifests
A law enacted in 2002 requires commercial passenger vessels in international service that arrive at or depart from United States ports to provide manifests with more enhanced information about crew members and passengers. Failure to comply is subject to a fine of as much as $1,000 per person on the vessel.

Rail Jumper Safety Amendment
Federal law enables the Coast Guard to assess a stiff fine against someone who deliberately jumps from a passenger vessel or a person who operates a jet ski in a way that endangers a passenger vessel.