FEC: Your regulatory proposal draws 92 inches
The Online Coaliton has written a letter to the Federal Election Commission over possible regulation of blogs and websites. Acting on the premise that there are very few ideas so good that attention from bureaucrats and lawyers can't mess 'em up, You should read the letter and add your name.http://www.onlinecoalition.com
11 March 2005
10 March 2005
MERPAC TO MEET ON TRAINING/FITNESS OF MERCHANT MARINE PERSONNEL
The Merchant Marine Personnel Advisory Committee (MERPAC) and its working groups will meet to discuss various issues relating to the training and fitness of merchant marine personnel. MERPAC advises the Secretary of Homeland Security on matters relating to the training, qualifications, licensing, and certification of seamen serving in the U.S. merchant marine. All meetings will be open to the public.
MERPAC will meet on Tuesday, April 5, 2005, from 8:30 a.m. to 4:30 p.m. and on Wednesday, April 6, 2005, from 8:30 a.m. to 4 p.m. These meetings may adjourn early if all business is finished. Requests to make oral presentations should reach the Coast Guard on or before March 22, 2005. Written material and requests to have a copy of your material distributed to each member of the committee or subcommittee should reach the Coast Guard on or
before March 22, 2005.
MERPAC will meet on both days in the Classroom Building Auditorium of the Calhoon MEBA Engineering School, 27050 St. Michaels Road, Easton, MD 21601. Further directions regarding the location of the Calhoon MEBA Engineering School may be obtained by contacting 410-822-9600.
Send written material and requests to make oral presentations to Mr. Mark Gould, Commandant (G-MSO-1), U.S. Coast Guard Headquarters, 2100 Second Street, SW.,
Washington, DC 20593-0001. This notice is available on the Internet at http://dms.dot.gov.
For further information contact: For questions on this notice, contact Mr. Gould, Assistant to the Executive Director, telephone 202-267-6890, fax 202-267-4570, or e-mail mgould@comdt.uscg.mil.
SUPPLEMENTARY INFORMATION:
Notice of these meetings is given under the Federal Advisory Committee Act, 5 U.S.C. App. 2 (Pub. L. 92-463, 86 Stat. 770, as amended).
Agenda of Meeting on April 5, 2005
The full committee will meet to discuss the objectives for the meeting. The working groups addressing the following task statements may meet to deliberate:
The Merchant Marine Personnel Advisory Committee (MERPAC) and its working groups will meet to discuss various issues relating to the training and fitness of merchant marine personnel. MERPAC advises the Secretary of Homeland Security on matters relating to the training, qualifications, licensing, and certification of seamen serving in the U.S. merchant marine. All meetings will be open to the public.
MERPAC will meet on Tuesday, April 5, 2005, from 8:30 a.m. to 4:30 p.m. and on Wednesday, April 6, 2005, from 8:30 a.m. to 4 p.m. These meetings may adjourn early if all business is finished. Requests to make oral presentations should reach the Coast Guard on or before March 22, 2005. Written material and requests to have a copy of your material distributed to each member of the committee or subcommittee should reach the Coast Guard on or
before March 22, 2005.
MERPAC will meet on both days in the Classroom Building Auditorium of the Calhoon MEBA Engineering School, 27050 St. Michaels Road, Easton, MD 21601. Further directions regarding the location of the Calhoon MEBA Engineering School may be obtained by contacting 410-822-9600.
Send written material and requests to make oral presentations to Mr. Mark Gould, Commandant (G-MSO-1), U.S. Coast Guard Headquarters, 2100 Second Street, SW.,
Washington, DC 20593-0001. This notice is available on the Internet at http://dms.dot.gov.
For further information contact: For questions on this notice, contact Mr. Gould, Assistant to the Executive Director, telephone 202-267-6890, fax 202-267-4570, or e-mail mgould@comdt.uscg.mil.
SUPPLEMENTARY INFORMATION:
Notice of these meetings is given under the Federal Advisory Committee Act, 5 U.S.C. App. 2 (Pub. L. 92-463, 86 Stat. 770, as amended).
Agenda of Meeting on April 5, 2005
The full committee will meet to discuss the objectives for the meeting. The working groups addressing the following task statements may meet to deliberate:
- Task Statement 30, concerning utilizing military sea service for STCW (that's Standards of Training, Certification, and Watchkeeping. Comes from the International Maritime Organization; Caesarian honorable men, one and all) certifications;
- Task Statement 47, concerning recommendations on knowledge and practical qualifications for
engineers at the operational and management levels to serve on steam propelled vessels; - Task Statement 48, concerning recommendations to develop training and service requirements for personnel with limited engineer licenses to obtain STCW OICEW (that's Officer in Charge of an Engineer Watch, for those of you who don't speak STCW-ese) and unlimited third assistant engineer licenses; and
- Task Statement 49, concerning recommendations for use of a model sea course project in conjunction with an approved program for officer in charge of an engineering
watch coming up through the hawse pipe. - In addition, new working groups may be formed to address issues proposed by the Coast Guard, MERPAC members, or the public. All task statements may be viewed at the MERPAC Web site
at http://www.uscg.mil/hq/g-m/advisory/merpac/merpac.htm. At the end of the day, the working groups will make a report to the full committee on what has been accomplished in their meetings. No action will be taken on these reports on this date.
Agenda of Meeting on April 6, 2005
The agenda comprises the following:
(1) Introduction.
(2) Working Groups' Reports:
(a) Task Statement 30, concerning utilizing military sea service for STCW certifications;
(b) Task Statement 47, concerning recommendations on knowledge and practical qualifications for engineers at the operational and management levels to serve on steam propelled vessels;
(c) Task Statement 48, concerning recommendations to develop training and service requirements for personnel with limited engineer licenses to obtain STCW OICEW and unlimited third assistant engineer licenses;
(d) Task Statement 49, concerning recommendations for use of a model sea course project in conjunction with an approved program for officer in charge of an engineering watch coming up through the hawse pipe, and - (e) Other task statements which may have been adopted for discussion and action.
(3) Other items to be discussed:
(a) Standing Committee--Prevention Through People.
(b) Briefings concerning on-going projects of interest to MERPAC.
(c) Other items brought up for discussion by the committee or the public.
INTERTANKO AND INDUSTRY ALLIANCE PETITION TO JOIN USCG COMPLAINT AGAINST MASSACHUSETTS OIL SPILL ACT
INTERTANKO has allied itself with American Waterways Operators, Chamber of Shipping of America and BIMCO to petition to join the U.S. Government Complaint against the Commonwealth of Massachusetts. The industry alliance sees the State Oil Spill Act as a threat to safety and to environmental protection.
Which is a polite way of saying that the People's Republic of Taxachusetts has demonstrated the old political maxim, "It's way more important to be seen doing something than it is to worry doing something effective." State regulation of interstate commerce is unconstitutional, and there are enough shysters in the state gov't and legislature that they should know that.
The International Association of Independent Tanker Owners (INTERTANKO); the American Waterways Operators (AWO) - the national trade association for the American tugboat, towboat and barge industry; the Chamber of Shipping of America; and the Baltic and International Maritime Council (BIMCO) formally petitioned this week to join a lawsuit filed by the U.S. Government against the Commonwealth of Massachusetts concerning an unconstitutional
oil spill law enacted there.
Not that these yahoos have clean hands. There have been times -- once or twice -- when the abovementioned retromingent pithecoids have used -- or attempted to use -- government regulation to squash their competition.
The lawsuit, filed by the U.S. Department of Justice (Civil Action No. 05-10112 JLT) on January 18, 2005, charges that the Oil Spill Act impermissibly treads on federal jurisdiction, specifically, the jurisdiction of the U.S. Coast Guard, in making rules governing maritime operations in U.S. waters. It also asserts that comprehensive federal regulation already exists in the areas covered by the state Act, and that the Supremacy Clause of the U.S. Constitution provides that federal laws and regulations override any attempt by a state government to legislate or regulate in the same areas. This same provision was upheld when INTERTANKO won its long-running legal battle against the State of Washington by a unanimous U.S. Supreme Court decision in U.S. v. Locke, 529 U.S. 89 (2000).
Beware, my friends. There are few ideas so good they can't be screwed up through the attention of shysters and politicians
The Act was signed into law in Massachusetts on August 4, 2004 in response to a 2003 tank barge accident that resulted in an oil spill in Buzzards Bay. It regulates oil-carrying vessels travelling in interstate and/or international commerce while such vessels are within the waters of Massachusetts. The industry asserts that such interstate commerce requires a single, clear set of federal regulatory standards that are uniform from state to state and locality to locality, in
order to avoid confusion that could lead to accidents.
We'll let them pat themselves on the back...
INTERTANKO’s members represent, on a tonnage basis, approximately 70% of the world’s independently owned (i.e., not government-owned or oil company-owned) self-propelled tank vessel fleet’. Many INTERTANKO members own or operate tank vessels that currently call at ports in Massachusetts while engaged in interstate or foreign commerce.
In submitting this motion to intervene, INTERTANKO stated that its members who call at Massachusetts ports, or are considering doing so, have been adversely affected by the Act. “Our members are subject to being required to equip, man, operate, deploy, and manage their vessels in accordance with the Act when in Massachusetts waters, in a manner different from federal requirements and requirements in other states and countries. The departure of Massachusetts from an extensive federal regulatory scheme poses a burden on and expense to our members.”
The Association continues to point out that “the lack of uniformity impairs federal control of tank vessel safety standards and presents a threat to international maritime safety, as well as to the lives and property of INTERTANKO’s members, their employees, and to the marine environment.” It adds that its members not calling at Massachusetts ports are adversely affected by the Act “to the extent that the Act’s deviations from federal and international requirements constitute impermissible barriers to their use of Massachusetts ports even when their vessels already comply with federal laws and international treaties.”
#####
INTERTANKO has allied itself with American Waterways Operators, Chamber of Shipping of America and BIMCO to petition to join the U.S. Government Complaint against the Commonwealth of Massachusetts. The industry alliance sees the State Oil Spill Act as a threat to safety and to environmental protection.
Which is a polite way of saying that the People's Republic of Taxachusetts has demonstrated the old political maxim, "It's way more important to be seen doing something than it is to worry doing something effective." State regulation of interstate commerce is unconstitutional, and there are enough shysters in the state gov't and legislature that they should know that.
The International Association of Independent Tanker Owners (INTERTANKO); the American Waterways Operators (AWO) - the national trade association for the American tugboat, towboat and barge industry; the Chamber of Shipping of America; and the Baltic and International Maritime Council (BIMCO) formally petitioned this week to join a lawsuit filed by the U.S. Government against the Commonwealth of Massachusetts concerning an unconstitutional
oil spill law enacted there.
Not that these yahoos have clean hands. There have been times -- once or twice -- when the abovementioned retromingent pithecoids have used -- or attempted to use -- government regulation to squash their competition.
The lawsuit, filed by the U.S. Department of Justice (Civil Action No. 05-10112 JLT) on January 18, 2005, charges that the Oil Spill Act impermissibly treads on federal jurisdiction, specifically, the jurisdiction of the U.S. Coast Guard, in making rules governing maritime operations in U.S. waters. It also asserts that comprehensive federal regulation already exists in the areas covered by the state Act, and that the Supremacy Clause of the U.S. Constitution provides that federal laws and regulations override any attempt by a state government to legislate or regulate in the same areas. This same provision was upheld when INTERTANKO won its long-running legal battle against the State of Washington by a unanimous U.S. Supreme Court decision in U.S. v. Locke, 529 U.S. 89 (2000).
Beware, my friends. There are few ideas so good they can't be screwed up through the attention of shysters and politicians
The Act was signed into law in Massachusetts on August 4, 2004 in response to a 2003 tank barge accident that resulted in an oil spill in Buzzards Bay. It regulates oil-carrying vessels travelling in interstate and/or international commerce while such vessels are within the waters of Massachusetts. The industry asserts that such interstate commerce requires a single, clear set of federal regulatory standards that are uniform from state to state and locality to locality, in
order to avoid confusion that could lead to accidents.
We'll let them pat themselves on the back...
INTERTANKO’s members represent, on a tonnage basis, approximately 70% of the world’s independently owned (i.e., not government-owned or oil company-owned) self-propelled tank vessel fleet’. Many INTERTANKO members own or operate tank vessels that currently call at ports in Massachusetts while engaged in interstate or foreign commerce.
In submitting this motion to intervene, INTERTANKO stated that its members who call at Massachusetts ports, or are considering doing so, have been adversely affected by the Act. “Our members are subject to being required to equip, man, operate, deploy, and manage their vessels in accordance with the Act when in Massachusetts waters, in a manner different from federal requirements and requirements in other states and countries. The departure of Massachusetts from an extensive federal regulatory scheme poses a burden on and expense to our members.”
The Association continues to point out that “the lack of uniformity impairs federal control of tank vessel safety standards and presents a threat to international maritime safety, as well as to the lives and property of INTERTANKO’s members, their employees, and to the marine environment.” It adds that its members not calling at Massachusetts ports are adversely affected by the Act “to the extent that the Act’s deviations from federal and international requirements constitute impermissible barriers to their use of Massachusetts ports even when their vessels already comply with federal laws and international treaties.”
#####
08 March 2005
MARITIME ACADEMY OBLIGATION
Tired of a few of my fellow maritime academy grads skating their obligation? Here's your chance to sound off:
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Maritime Administration (MARAD) published a 60-day notice and request for comments on this information collection in the
Federal Register (69 FR 69668) on November 30, 2004, indicating comments should be submitted by January 31, 2005.
IOW: We published a note on this subject. Commenting period closed 31 Jan.
One comment was received. The commenter asserted that no waivers should be given, except in the case of medically verified disability, and there is an obligation these students assume and they should pay it. In addition, the commenter indicated that taxpayers are burdened by the costs of this education and they deserve recompense. Also, the commenter asked how many students sought waivers last year and on what grounds.
Out of 300 million Americans, we received one comment.
46 CFR part 310 authorizes the Maritime Administrator to grant waivers in cases where there would be undue hardship or impossibility of performance of the provisions of the agreement, due to accident, illness or other justifiable reason. The regulation also allows for deferments in exceptional cases for entry into a maritime-related graduate course of study, or the graduate
may seek approval to accept maritime-related shoreside employment after first seeking afloat employment. The Maritime Administration (MARAD) is cognizant of the obligation of graduates as we review waiver and deferral requests. In 2004, MARAD granted 18 employment determination requests for shoreside employment. These employment determinations were granted for maritime-related shoreside employment on the recommendation from the
U.S. Merchant Marine Academy, only after the graduates diligently sought afloat employment and were unable to obtain it.
Comments must be submitted on or before April 6, 2005.
For further information, contact Rita Jackson, Maritime Administration, 400 7th Street SW., Washington, DC
20590. Telephone: (202) 366-0284; fax: (202) 366-7403; or e-mail: rita.jackson@marad.dot.gov.
Copies of this
collection also can be obtained from that office.
SUPPLEMENTARY INFORMATION: Maritime Administration (MARAD).
Title: Request for Waiver of Service Obligation, Request for Deferment of Service Obligation.
OMB Control Number: 2133-0510.
Type of Request: Extension of currently approved collection.
Affected Public: The respondents are students and graduates of the U.S. Merchant Marine Academy and subsidized students or graduates of the State Maritime Academies who request waivers of service obligations.
Forms: MA-935, MA-936 and MA-937.
Abstract: This information collection is essential for determining if a student or graduate of the U.S. Merchant Marine Academy, or subsidized student or graduate of a State maritime academy, has a waivable situation preventing them from fulfilling the requirements of a service obligation contract.
Annual Estimated Burden Hours: 9 hours.
Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention MARAD Desk Officer. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; the accuracy of the agency's estimate of the burden of the proposed
information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication.
Tired of a few of my fellow maritime academy grads skating their obligation? Here's your chance to sound off:
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and approval. The nature of the information collection is described as well as its expected burden. The Maritime Administration (MARAD) published a 60-day notice and request for comments on this information collection in the
Federal Register (69 FR 69668) on November 30, 2004, indicating comments should be submitted by January 31, 2005.
IOW: We published a note on this subject. Commenting period closed 31 Jan.
One comment was received. The commenter asserted that no waivers should be given, except in the case of medically verified disability, and there is an obligation these students assume and they should pay it. In addition, the commenter indicated that taxpayers are burdened by the costs of this education and they deserve recompense. Also, the commenter asked how many students sought waivers last year and on what grounds.
Out of 300 million Americans, we received one comment.
46 CFR part 310 authorizes the Maritime Administrator to grant waivers in cases where there would be undue hardship or impossibility of performance of the provisions of the agreement, due to accident, illness or other justifiable reason. The regulation also allows for deferments in exceptional cases for entry into a maritime-related graduate course of study, or the graduate
may seek approval to accept maritime-related shoreside employment after first seeking afloat employment. The Maritime Administration (MARAD) is cognizant of the obligation of graduates as we review waiver and deferral requests. In 2004, MARAD granted 18 employment determination requests for shoreside employment. These employment determinations were granted for maritime-related shoreside employment on the recommendation from the
U.S. Merchant Marine Academy, only after the graduates diligently sought afloat employment and were unable to obtain it.
Comments must be submitted on or before April 6, 2005.
For further information, contact Rita Jackson, Maritime Administration, 400 7th Street SW., Washington, DC
20590. Telephone: (202) 366-0284; fax: (202) 366-7403; or e-mail: rita.jackson@marad.dot.gov.
Copies of this
collection also can be obtained from that office.
SUPPLEMENTARY INFORMATION: Maritime Administration (MARAD).
Title: Request for Waiver of Service Obligation, Request for Deferment of Service Obligation.
OMB Control Number: 2133-0510.
Type of Request: Extension of currently approved collection.
Affected Public: The respondents are students and graduates of the U.S. Merchant Marine Academy and subsidized students or graduates of the State Maritime Academies who request waivers of service obligations.
Forms: MA-935, MA-936 and MA-937.
Abstract: This information collection is essential for determining if a student or graduate of the U.S. Merchant Marine Academy, or subsidized student or graduate of a State maritime academy, has a waivable situation preventing them from fulfilling the requirements of a service obligation contract.
Annual Estimated Burden Hours: 9 hours.
Send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, Attention MARAD Desk Officer. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; the accuracy of the agency's estimate of the burden of the proposed
information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication.
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