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Statement Regarding Gulf Spill

STATEMENT OF THE MARITIME CABOTAGE TASK FORCE REGARDING THE GULF SPILL

The American maritime industry supports immediate action to address the unfolding environmental disaster in the Gulf. Federal law called the Jones Act requires that American vessels be used for domestic transportation activities in the U.S., and countless American vessels are already responding in the Gulf. In addition, we know that many other American vessels are standing by ready to help.

There are well-established federal procedures for waiving the Jones Act to bring in foreign vessels in those situations where American vessels are not available. The American maritime industry has not and will not stand in the way of the use of these well-established waiver procedures to address this crisis.
                                                                               June 11, 2010
 The Maritime Cabotage Task Force (MCTF) is the largest coalition in the history of the domestic America maritime industry, representing hundreds of vessel operators, ship construction and repair yards, labor organizations, pro-defense organizations, and others (www.mctf.com). MCTF is the recognized authority relied on by the government and others on issues related to the Jones Act and the domestic maritime industry.
For more information, contact Mark Ruge at 202/494-2256.
 

OSHA Update

OSHA’s Proposed Injury and Illness Prevention Program
The agency has begun efforts to develop a safety and health program standard through their proposed “Injury and Illness Prevention Program” (I2P2.)  Attached please find an overview by Larry Halprin of the law firm Keller and Heckman, which he recently presented at a Small Business Administration Roundtable on OSHA issues. This proposal would grant the agency a considerable amount of intervention in workplaces and can serve as a way to sidestep Congressional hurdles to regulate ergonomics.

There will be an OSHA public meeting on the issue on June 29th in Washington, D.C. The Department of Labor will be holding similar outreach meetings in East Brunswick, New Jersey on June 3rd and in Dallas, Texas on June 10th. SCA is part of a group that will be submitting comments, and I will send them to the group when they are available.

Proposed OSHA Regulations on Walking-Working Surfaces
The agency has also proposed a lengthy new NPRM on walk-working surfaces aimed at addressing workplace slips, trips and falls. Comments on this proposed rulemaking are to be submitted to OSHA by August 23, 2010. One significant aspect of the proposal is that it would allow OSHA to fine employers who let workers climb certain ladders without fall protection as well as requiring “new technology” to address potential workplace hazards as identified by the agency.

There are several areas covered in this broad proposal are extensive updates to existing standards including:

·         Scaffold standards;

·         Requirements for guardrail, safety net, and personal fall protection systems;

·         Requirements for portable and fixed ladders;

·         Requirements for employee training and retraining, among many other provisions.

To read the agency’s release on the proposal click here <http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=17772> . To access the proposal in its entirety click here. <http://edocket.access.gpo.gov/2010/2010-10418.htm

Jones Act Report - 5/21/2010

U.S. Maritime Industry Weekly News
A weekly compilation of news regarding the American domestic maritime industry, prepared by the Maritime Cabotage Task Force, an association of interests supporting the Jones Act.
Week of May 16, 2010
 
Jones Act Fleet at Heart of National Maritime Day
Transportation Institute Press Release, May 19, 2010
 
From the release:
"When America pauses on May 22 to salute its Merchant Marine, the Jones Act fleet will be front and center.  The 40,000-plus vessels that move cargo and passengers between U.S. ports generate nearly 500,000 family-sustaining jobs and provide an annual payroll in excess of $29 billion."
 
Presidential Proclamation - National Maritime Day
White House Proclamation, May 20, 2010
 
From the proclamation:
"Even before our Nation declared independence, our forebears recognized the importance of merchant ships and seafarers to our economic and national security.  Since 1775, America's maritime fleet has risen to the challenges before them and worked to meet our country's needs in times of peace and war alike.  On National Maritime Day, we recognize the men and women of the United States Merchant Marine for their contributions to America's leadership in the global marketplace, and to our security."
 
 
Port Manatee Propeller Club National Maritime Day Ceremony
The Bradenton Times, May 17, 2010
 
From the article:
"In honor of National Maritime Day, the Port Manatee Propeller Club is hosting a wreath laying ceremony Friday, May 21, at 10 a.m. on the corner of Port Manatee’s Berths 5 and 6.  The United States Congress created National Maritime Day in 1933 to recognize the sacrifices made by domestic seafarers and the U.S. Merchant Marines. May 22 is set aside each year to commemorate these sacrifices."
 
Michigan's Lieutenant Governor urges port communities to work together
Muskegon Chronicle, May 21, 2010
 
From the article:
"Speaking to the Michigan Port Collaborative at the Holiday Inn Muskegon Harbor, Cherry said the port communities have the built-in advantage of promoting the state's No. 1 resource -- the Great Lakes. At a time of 'resource scarcity,' the 100 port communities across the state must work together on a common strategy to improve the state's harbors, what Cherry calls Michigan's 'front doors.'"
 
New Low-Emission Ferry Christened In Oakland
CBS5 Oakland, May 17, 2010
 
From the article:
"A low-emission ferry that will shuttle passengers between Oakland, San Francisco and the Peninsula was christened at the Oakland Ferry Terminal in Jack London Square Monday.  The Taurus will immediately provide service between Oakland and San Francisco and in the fall of 2011 it will also provide service between Oakland and a new terminal in South San Francisco, according to Leamon Abrams of the Water Emergency Transportation Authority."
 
Foss Wins Environmental Excellence Award
Maritime Executive Newsletter, May 13, 2010

From the article:
"A major state business group is honoring Foss Maritime for the world's first hybrid tug, a vessel delivering on its promise to bring cleaner air and greater fuel efficiency to ports and merchant fleets. Today the Association of Washington Business (AWB) announced Foss won an Environmental Excellence Award in the Green Enterprising Technologies category for the Carolyn Dorothy, which was built cooperatively with the ports of Long Beach and Los Angeles to help those communities cope with local air pollution issues."

OSHA Hex Chromium FINAL RULE

Today, OSHA confirmed the effective date of its direct final rule (DFR) revising the employee notification requirements in the exposure determination provisions of the standards for Hexavalent Chromium (Cr(VI)). In a March 17, 2010, notice, OSHA stated that the DFR would become effective on June 15, 2010, unless one or more significant adverse comments were submitted by April 16, 2010. OSHA did not receive significant adverse comments on the DFR, so by today's announcement, the Agency is confirming that the DFR will become effective on June 15, 2010. 
DATES: The DFR published on March 17, 2010, becomes effective on June 15, 2010. For purposes of judicial review, OSHA considers May 14, 2010 as the date of promulgation.
Summary: OSHA has revised its 2006 HexChrom Standard. The change pertains to exposure notification requirements - specifically, informing employees of ALL exposure assessments regardless of whether the results exceed the established permissible exposure limit (PEL).

Court Case and Lead-Up
On February 28, 2006, OSHA published its final rule for Occupational Exposure to Hexavalent Chromium (Cr (VI)). A lawsuit challenged the Agency for review of several issues with the standard. The court denied all but one issue, granting review of the employee notification requirements in the standard's exposure determination provisions. In other words, the court mandated that OSHA provide an explanation for its decision to limit employee notification requirements to circumstances in which Cr(VI) exposures exceed the PEL. Consequently, today OSHA proposed a revision of the notification requirements, by means of this Notice of Proposed Rulemaking (NPRM), that would require employers to notify employees of the results of all exposure determinations.

Discussion of Proposed Changes
2006 NPRM Standard (Current Standard) - Paragraph (d) of the Chromium standard (29 CFR 1915.1026) is titled "Exposure Determination'' and requires employers to determine the 8-hour time- weighted-average exposure for each employee exposed to Cr(VI). As originally promulgated, paragraph (d)(4) required the employer to notify affected employees of any exposure determinations indicating exposures in excess of the PEL. The employer can satisfy this requirement either by posting the exposure determination results in an appropriate location accessible to all affected employees or by notifying each affected employee in writing of the results of the exposure determination. Under the general maritime standard, notice has to be provided within 5 work days.

Today's DFR - This revision will require employers notify affected employees of all exposure determinations, irrespective of the results. This broader, proposed notice requirement mirrors similar provisions in OSHA's other substance-specific health standards, for example lead. OSHA is not proposing to change any other requirements in the exposure determination or notification provisions.

OSHA Reasoning
Notifying employees of their exposures arms them with knowledge that can permit and encourage them to be more proactive in working safely to control their own exposures through better work practices and by more actively participating in safety programs. This may be of particular significance for welders, who make up almost half of the employees affected by the chromium standard.

A link to the Federal Register notice can be found here: http://edocket.access.gpo.gov/2010/2010-11586.htm   

National Maritime Day - May 21st

Jones Act Fleet at Heart of National Maritime Day
Transportation Institute Press Release, May 19, 2010
 
From the release:
"When America pauses on May 22 to salute its Merchant Marine, the Jones Act fleet will be front and center.  The 40,000-plus vessels that move cargo and passengers between U.S. ports generate nearly 500,000 family-sustaining jobs and provide an annual payroll in excess of $29 billion."

Jones Act Report - 5/14/2010

U.S. Maritime Industry Weekly News
A weekly compilation of news regarding the American domestic maritime industry, prepared by the Maritime Cabotage Task Force, an association of interests supporting the Jones Act.
Week of May 9, 2010
 Todd Shipyards CEO Steve Welch Honored with Puget Sound Maritime Achievement Award for 2010
Todd Shipyards Press Release, May 12, 2010
 
From the press release:
"In nominating Welch for the Award, Rear Admiral John W. Lockwood, USCG ret. and Secretary of the Propeller Club Board of Directors, highlighted Welch's leadership in the industry -- he is past chair of the Shipbuilders Council of America -- and his resolve to make Todd the Best Shipyard on the West Coast of North America. "
 Great Lakes Shipping Surges in April
Green Bay Press Gazette, May 13, 2010
 
From the article:
"The Ohio-based Lake Carriers Association says U.S.-flagged ships on the Great Lakes hauled 7.6 million tons of dry bulk goods in April, up 50 percent from the same time in 2009.  Although that number has surged, it's still about 15 percent less than the five-year average, according to the association's monthly report issued this week." 
 Great Lakes shipping picks up
Duluth News Tribune, May 12, 2010
 
From the article:
"The St. Lawrence Seaway reported a marked increase in cargo shipped through the Seaway system from January to April 2010, compared to the same period last year. Total cargo shipments for the period this year are up 18 percent to 3.65 million tons when compared to 2009. Iron ore shipments are up 127 percent to 1.4 million tons."
 

OSHA Toxic Data Release and Protecting Workers

US Labor Department’s OSHA releases data
detailing worker exposure to toxic chemicals
Also issues directive on protecting non-English speaking workers from hazards 
 
WASHINGTON-- In keeping with the president’s memorandum on open government, the U.S. Labor Department’s Occupational Safety and Health Administration is releasing 15 years of data providing details of workplace exposure to toxic chemicals.  
 The data is comprised of measurements taken by OSHA compliance officers during the course of inspections. It includes exposure levels to hazardous chemicals including asbestos, benzene, beryllium, cadmium, lead, nickel, silica, and others. The data offers insights into the levels of toxic chemicals commonly found in workplaces, as well as insights into how chemical exposure levels to specific chemicals are distributed across industries, geographical areas and time.   
 “We believe this information, in the hands of informed, key stakeholders, will ultimately lead to a more robust and focused debate on what still needs to be done to protect workers in all sectors, especially in the chemical industry,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. 
 With an understanding of these data and their limitations, it can be combined with other related data to target further research into occupational hazards and illness. In addition to this raw data, OSHA will soon make available an easy to use online search tool allowing easy public access to this information. For more information, go to: http://www.osha.gov/opengov/healthsamples.html.
 Today, OSHA also issued an enforcement memorandum directed at protecting Latino and other non-English speaking workers from workplace hazards. It directs compliance officers to ensure they check and verify that workers are receiving OSHA required training in a language they understand.
 “This directive conforms with Secretary Solis’ clear and urgent goal of reducing injuries and illnesses among Latino and other vulnerable workers,” said Dr. Michaels. “These workers represent an integral and essential part of the key industries that keep our country running every day.”
 OSHA requires that employers provide training to their workers on certain job hazards and safe methods for performing work. Investigators will now check and verify that training was provided in a language and vocabulary that the workers understand. 
 Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

VSRA Intern Wins Gates Scholarship

The following article apeared today in The Virginian-Pilot.  Alicia has worked at the Virginia Ship Repair Association as an intern for the past two years .  She continues to provide wonderful support to our administrative office.  We are all very proud of her accomplishments and are lucky to continue to have her on our team until she heads to Blacksburg for her college adventure.  BRAVO, Alicia

Norview senior wins Gates scholarship     

By Steven G. Vegh 

   The Virginian-Pilot         

Alicia Tillman spent much of her senior year applying for college scholarships, and the Norview High School senior landed one of the biggest there is: a Gates Millennium Scholars award. 

   The award pays not only for any college expenses Tillman can’t afford, but for any graduate school costs if she seeks advanced degrees. 

   “Since I have the Gates, I plan on going all the way to a Ph.D.,” said Tillman, 18, who expects to attend Virginia Tech this fall. The award could easily total tens of thousands of dollars by the time her education is completed. 

   The scholarship, administered by the United Negro College Fund, is funded by a $1.6 billion grant made in 1999 by the Bill & Melinda Gates Foundation. It assists African American, American Indian/Alaska Native, Asian and Pacific Islander American, or Hispanic Americans who have attained a cumulative GPA of 3.3 on a 4.0 scale. 

    Tillman said she learned of the Gates award through

   At Norview, Tillman was in the Leadership and Engineering specialty program, earning a 3.98 grade point average. She took four Advanced Placement courses and also earned college credits by taking Tidewater Community College courses. 

    Tillman expects to study industrial design in college and hopes eventually to own her own business, designing products for sale to other corporations. But before that, she’s willing to start out by working for someone else – preferably, she said, a toy company. “I want to have fun at my job, and that would be a perfect place to do it.”  

   Steven G. Vegh, (757) 446-2417, steven.vegh@pilotonline.com 

2010 LEGO® Competition Champion-Lake Taylor Middle School

Norfolk, VA – The Virginia Ship Repair Association (VSRA) held the 4thAnnual Ship Repair Industry Awareness LEGO® Contest at Nauticus on Friday, April 23, 2010. The Ship Repair LEGO® competition promotes ship repair industry awareness while increasing middle school students’ competitive skills in mathematics, as well as analytical and conceptual reasoning skills. 
Each of the eight competing middle school teams from three Hampton Roads cities was assigned an industry engineering expert from the VSRA member companies as a technical advisor. Each school team researched the ship repair industry and its careers before actually designing a ship or portion of a ship using LEGO® computer design freeware.  Their designs were based on their industry research and included at least one capability not currently found in ships. 
Teams presented their research and designs before a panel of ship repair industry judges, and were judged on design, innovation and fiscal feasibility. Their presentations included a written report, as well as an oral PowerPoint presentation.
Eight teams from across Hampton Roads presented their designs in hopes of becoming the 4th Annual Champion. After the preliminary round of presentations, three finalists were chosen. Lake Taylor Middle School from Norfolk, Huntington Middle School from Newport News, and King’s Fork Middle School from Suffolk were the 2010 finalists. Lake Taylor Middle School was crowned 2010 Champion in a competition that separated the finalists by only a couple of points.
This event was made possible by the generous support of VSRA member company sponsors Marine Chemist Services and Ameri-Force Craft Services. Photos from the 4th Annual Ship Repair LEGO® Competition can be viewed on the Virginia Ship Repair Association Facebook page (www.facebook.com/virginiashiprepairassociation.)     
 

Salazar Approves Cape Wind Development

**ALERT**  Secretary of the Interior Ken Salazar traveled to Massachusetts today to approve the Cape Wind farm, the first of its kind in U. S. waters. U.S. shipyards standby to build, repair and maintain the fleet of new vessels required to install and service the U.S. offshore wind energy sector. This is the beginning of a new and exciting market for the U.S. commercial shipyard industrial base.    
  
Salazar approves nation's first offshore wind farm 
 By Juliet Eilperin  (Washington Post April 28, 2010) 

Interior Secretary Ken Salazar said Wednesday he has approved the first offshore wind farm in the United States, a move that ends a nearly decade-long political battle and could pave the way for significant offshore wind development along the East Coast.

In approving the Cape Wind project, a 130-turbine wind farm off Nantucket, Salazar said he would "strike the right balance" between energy development and protecting the area.

"After careful consideration of all the concerns expressed during the lengthy review and consultation process and thorough analyses of the many factors involved, I find that the public benefits weigh in favor of approving the Cape Wind project at the Horseshoe Shoal location," Salazar said. "With this decision we are beginning a new direction in our Nation's energy future, ushering in America's first offshore wind energy facility and opening a new chapter in the history of this region."

Gov. Deval L. Patrick, who pushed for the project as part of his plan to generate 20 percent of the state's electricity with renewable energy by 2025, stood by Salazar's side at a press conference in Boston.

"This day has been a long time coming," Patrick said. "We are on our way, and if we get clean energy right, the whole world will be our customers."

The Cape Wind project is hugely controversial. Unveiled in 2001, the roughly 25-square-mile proposal has soured longstanding friendships and opened political fault lines within the Democratic Party. The late Sen. Edward M. Kennedy (D-Mass.), whose family compound overlooks the sound, fiercely opposed it, while some Martha Vineyard residents and Massachusetts power brokers described it as an essential step toward weaning the nation off oil and other polluting energy sources.

A local group opposed to the measure, the Alliance to Protect Nantucket Sound, and a company owned by Cape Cod landowner Bill Koch, Oxbow Corp., have spent millions on lobbying and advertising fees trying to block the project since 2002. Cape Wind has spent hundreds of thouands on lobbying during the same period.

After undergoing a series of state and federal regulatory reviews, which addressed everything from how the wind farm could hinder navigation and harm birds, it encountered another challenge this year when two local Indian tribes managed to qualify the sound for listing on the National Register of Historic Places, which could limit its commercial use.

The Aquinnah and the Mashpee tribes practice a sunrise ritual on the sound and say they may have artifacts buried beneath the seabed. Salazar traveled to Nantucket in February and got up before dawn to meet with tribal representatives and discuss their sunrise ceremonies.