Thursday, March 11, 2010

Longview Port Commissioners Forgo Pay Increase Despite Booming 2009

Commissioners at the Washington state Port of Longview, despite a booming 2009 at the port, said this week they plan to refuse a hike in their monthly pay triggered by the port topping the $25 million annual revenue mark.

State law provides that once the port hit the $25 million revenue mark for a single year, the three commissioners are entitled to see their pay increase from $200 per month to $500 a month.

The state law also allows the commissioners to opt out in writing of the pay increase. The three sitting commissioners, citing port staff's voluntary decision last year to forgo cost-of-living increases this year, said they will collectively request to remain at their $200 per month salaries.

The commissioners also praised port staff for hitting the $25 million revenue mark, the first time the port has managed to cross the $25 million threshold and only the second time the port has crossed the $20 million level.

Last year, port revenue grew to $25.1 million, up 7 percent from the $23.5 million in revenue reported in 2008. Operating expenses for 2009 topped out at $22.4 million leaving the port to post a $2.7 million profit for the year.

The increase in revenues were tied to solid cargo volume increases in bulk food, chemicals, log exports and wind-energy imports.

Total imports through the port in 2009 increased by 9 percent compared to 2008, exports saw a 13 percent increase and total tonnage handled also jumped 12 percent for the year.

Long Beach Port Roundup: Top Exec Departs, Park Named for ILWU Leader

After serving just under a year as one of the top executives at the Port of Long Beach, managing director of trade relations and port operations Alex Cherin has announced he will leave the port to form his own law firm. His last day at the port is Friday.

Cherin joined the port in November 2007 as the Executive Officer to the Board of Harbor Commissioners and was appointed to his current position in April 2009. Cherin moved to the port from City Hall, where he served as Assistant City Auditor. Prior to joining the city in May 2006, Cherin practiced trade and maritime law for more than a decade.

In his managing director role, Cherin oversaw the Port's Trade Relations and Port Operations Bureau, which includes the Communications, Trade Relations, Security and Maintenance Divisions. 

Cherin has said he is unsure of what type of law he will practice, but he hopes to open his firm's doors in Long Beach within the next several months.

In other Port of Long Beach news, city and International Longshore and Warehouse Union officials gathered last week to rechristen the Queen Mary Events Park – located on port property adjacent to the RMS Queen Mary attraction – to the Harry Bridges Memorial Park in honor of the legendary ILWU leader. Bridges, a founder of the dockers' union in the 1930s who went on to lead the union for nearly 40 years, helped transform the numerous disjointed maritime unions on the West Coast into one of the most powerful blue-collar unions in the United States.

Also in Port of Long Beach news, it was revealed this week that the same federal district judge who approved a settlement between the port and the American Trucking Associations over the port's Clean Truck Program will hear a challenge seeking to invalidate the settlement. The challenge was brought by the Long Beach Coalition for Good Jobs and a Healthy Economy who have referred to the port/ATA agreement as a "backroom" deal.

The court approved agreement, which removed the port from ongoing ATA litigation against the Southern California ports' Clean Truck Program, allowed the port to move forward with environmental aspects of the truck program but eliminated certain portions of the program objected to and challenged in court by the ATA. The neighboring Port of Los Angeles is still fighting the ATA in court over its version of the Clean Truck Program, a case which heads to the courtroom in April.

QDB Cup Coming Back to Seattle’s Bell Harbor for Maritime Week

As a fitting finale to Seattle’s Maritime Week, the Seattle Maritime Festival Quick and Dirty Boatbuilding Competition will take place at Bell Harbor Pier on Saturday, May 8th from 9 am to 3 pm. Up to 12 teams, comprised of the most confident naval architects, ship and boatbuilders and tug and barge crews in the Seattle area will build vessels from $100 worth of materials, and at 4:00 the teams will race their boats in the Bell Harbor Marina hoping to win the coveted Marty Johnson Memorial Fastest Boat Trophy.

While a team comprised of two top tier naval architecture firms won last year’s competition, past winners have included Lake Union Drydock and Todd Shipyard, as well as Crowley and Foss Maritime, although neither towboat company has been able to field a winning team for years.

Companies wishing to enter a team can contact Eric Blumhagen at Jensen Maritime Consultants, Inc., at (206) 332-8091 or eblumhagen@jensenmaritime.com for full competition rules. Space is limited.

Maritime week will also include the awarding of the 2010 Puget Sound Maritime Achievement Award. The Selection Committee is accepting nominations for this year’s award, to be announced at the Seattle Propeller Club’s May Maritime Festival luncheon to be held on May 11th aboard the Carnival Spirit at Terminal 91 at Smith’s Cove, Seattle. 

Nominations must be received by March 29, 2010 and may be e-mailed to tinstitute@qwestoffice.net . Nominations should include specific achievements of the candidate, particularly those impacting the Puget Sound maritime community, and a brief biography of the nominee. Industry segments represented by past recipients include steamship lines and agents, tug and barge operators, passenger vessel operators, port authorities, stevedores, labor and government. Several paragraphs about the nominee are sufficient.

Feel free to contact Rich Berkowitz at (206) 443- 1738 with any questions about the award nomination.

LA Port Round-Up: New Roadway Breaks Ground, Security Expert Tapped

Officials from the Port of Los Angeles were joined by city and federal representatives to break ground on a 1.3-mile redevelopment of Harry Bridges Boulevard located on the northern side of the port's TraPac container terminal and Wallenius Wilhelmsen Logistics auto terminal. 

Expected to be completed in 2012, the $22 million project will completely revamp the stretch of roadway, which runs from the northern end of Gibson Boulevard to the southern end of Alameda Street and serves as the main route for trucks heading from the port to State Route 47. The project will include grading, utility relocations, construction of concrete walks, gutters, driveways, traffic signals, fire hydrants, street lighting storm drainage, signage, landscaping, irrigation and fiber optic infrastructure.

While the completed project will maintain the roadway's current two lanes in each direction, expansion of the roadbed during the project will provide space to add an additional lane in each direction if future demand increases.

The project is being funded through the American Recovery and Reinvestment Act of 2009 and is expected to create more than 250 local construction jobs.

In other Port of Los Angeles news, port officials have approved a contract with security expert Stephen Flynn to assist the port in developing a program and securing support from government and industry to increase the scanning of containerized cargo destined for the port prior to loading at overseas terminals. Flynn will also be responsible for working with port staff in seeking public sector and/or industry funding for this program, including funding for the overseas deployment of cargo screening equipment. The port approved the one-year contract term with two, one-year renewal options, for an amount not-to-exceed $200,000.

Flynn, recently named the President of the Center for National Policy, is also a bestselling author on the topic of national security. Prior to joining the CNP, he spent a decade as a senior fellow for National Security Studies at the Council on Foreign Relations. Following the election of President Barack Obama, he served as the lead policy advisor on homeland security for the presidential transition team. He also currently serves as a member of the bipartisan National Security Preparedness Group, co-chaired by former 9/11 commissioners, Governor Tom Kean and Congressman Lee Hamilton.

GOP Gov. Candidate Will Rollback Environmental Laws for Railroad

California Republican gubernatorial candidate Meg Whitman said Tuesday that if elected she would roll back clean-air and other environmental-quality regulations to allow Union Pacific railroad to expand its port facilities.

She made the comments during a Tuesday campaign event where she toured the Union Pacific intermodal rail facility at the Port of Oakland and met with UP officials. UP, a campaign contributor to Whitman, has long sought to increase the size of rail facilities at several ports in the state, including Oakland and Long Beach/Los Angeles. 

Labeled as an open press event by Whitman's campaign, attending press members found themselves barred from riding along on the candidate's 2-hour tour of the facility and restricted to a holding room. 

Following the tour, Whitman confined her comments to a five-minute conversation with a UP spokesperson in front of reporters.

In addition to her comments about environmental laws, Whitman expressed amazement at the amount of freight being moved through the UP facility.

At end of the exchange, Whitman's staff informed reporters that Whitman would take no questions due to a lack of time before escorting the media from the room. Whitman remained behind to speak with self-described San Francisco Chronicle conservative columnist Debra Saunders for another 30 minutes.

Whitman, who left following the interview through a back entrance of the facility, later called a local TV station to apologize, saying the press portion of the event did not work out as she had hoped.

eNav 101: A Question of Governance

By Robert Moore

Since this series of articles has generally followed the framework of the International Maritime Organization’s (IMO) eNavigation documentation this one normally would discuss what the IMO considers as the “General Principles for the Development of eNavigation”. Nine general principles are discussed in a document prepared for the 54th Session of the IMO’s Subcommittee on Safety of Navigation (June 2008) and, while all of them are significant, the one that caught my attention was the second in that list: “Clear Ownership and Control”. Of the nine, that one struck me as critical to future success and so this article focuses on it.

The descriptive paragraph for that principle led off with the words “Realization of the eNavigation vision requires a clear, global commitment, articulated through a viable and coherent framework, which sets out a migration plan to guide Governments and industry. eNavigation is a global concept that will be implemented and operated at global, regional and local levels across all user groups” and went on to say that, at the global level “…[the] IMO is the only organization that is capable of meeting the overall governance requirement.”

The document goes on to enumerate the IMO’s responsibilities but is silent on regional roles, giving little help with the vital question of how the governance of eNavigation should be handled here in the United States – or elsewhere, for that matter. In the US, little leadership is in evidence and one concern is that without careful management our broad maritime community may not realize the full benefits of eNavigation. For example, mariners may not be provided with the common operating environment so important to safety, and resources may be squandered through duplication of effort or by decisions made in a vacuum. Near term resolution of the question of who’s in charge is becoming critical, particularly since there are things going on related to eNavigation, with a lot of money being spent, primarily on security-related programs.

Closely related to this leadership issue is the question of the proper role of national governments in a "user driven" system. Those responsibilities can be extrapolated from what the IMO has said about its own eNavigation governance:

• Conduct an educational and outreach program for those affected by or who are potential users of eNavigation. Considering the present-day low level of knowledge about eNavigation this step is critical to insure that the full potential of eNavigation is realized across the entire spectrum of users, that user needs are accommodated incident to implementation and to build support for the establishment, operation and maintenance of the requisite infrastructure.

• Participate in the international activities relating to the development and implementation of eNavigation to provide input to that process and keep current on developments. Contribute to international standard setting and adjust national requirements to reflect those standards. Maintain close liaison with the IMO, international organizations such as the IHO and IALA, as well as other standard-setting bodies. Assist in the IMO's eNavigation developmental planning.

• Define the eNavigation services appropriate to the region, including identification of their scope in terms of users and geography, and formulate a regional concept of operations, which takes account of international treaties, national laws and regulations, and the rights, obligations and limitations of eNavigation users.

• Develop and coordinate the execution of an implementation strategy that facilitates early realization of benefits and accommodates existing and emerging technology and infrastructure. This should include, among other things, prioritizing of the development and operation of supporting infrastructure, including Research and Development where required.

• Monitor eNavigation activities to insure consistency with treaty obligations, national laws and regulations and the provision of a common standard operating environment for mariners.

When looking elsewhere for examples of regional governance, I've found relatively few. The nearest may be the European Union (EU) with its common transportation policy, maritime policy coordination, and its targeted developmental research. The results of that research, by the way, constitutes a major input to the development of eNavigation and also seems to give the European companies involved a leg up in the maritime technology market. Examples of the European effort include, among others, ATMOS IV (Advanced Technology to Optimize Maritime Operational Safety – Intelligent Vessel), MarNIS (Maritime Navigation and Information Services), and the EfficienSEA project.

To our north, Canada has published the Canadian Coast Guard eNavigation Strategy (October 2008) the purpose of which is:

• To define a strategic eNavigation vision for incorporating the use of new technologies in a structured way, while ensuring that their use is compliant with various navigational and communication technologies/services that are already available.

• To develop an eNavigation implementation strategy for Canada that can be the basis for national implementation within the broader context of international conventions and maritime initiatives (e.g., by IMO and IALA).

The Canadian effort represents an example of a good start, but unfortunately leaves much still to be resolved.

Other examples of regional maritime cooperation seem to have narrower aims and interests, and thus do not readily translate to eNavigation governance, even though they do embrace eNavigation concepts and practices. These include the Helsinki Commission (HELCOM) and the Marine Electronic Highway project in the Malacca and Singapore Straits.

In any discussion of what should be done in the US it's probably well to start with the words of the IMO's preamble to the ISM Code: “The cornerstone of good safety management is commitment from the top. In matters of safety and pollution prevention it is the commitment, competence, attitudes and motivation of individuals at all levels that determines the end result.”

A second thing to keep in mind is that the basic definition of eNavigation is “the collection, integration and display of maritime information aboard and ashore by electronic means to enhance berth-to-berth navigation and related services, safety, and security at sea, and the protection of the marine environment”. This makes clear that eNavigation has a wide range of stakeholders, public and private. (Emphasis supplied)

Finding an effective way to provide leadership and promote, coordinate and manage eNavigation policy will be a complicated undertaking. It's made more difficult by the fact that, as I've indicated, significant efforts relating to eNavigation are already underway. Prime examples of such activities are implementation of the National AIS System, the Maritime Domain Awareness Program (MDA), P.O.R.T.S. and the various Rulemaking for the carriage requirements of the basic shipboard components. From the standpoint of governance, particularly orchestrating development and applications, it's clear that the Federal government will of necessity have a primary role, and its efforts need to be coordinated to a common end. Otherwise there is a high likelihood of duplication, wasted resources and an end product resembling a camel, which we all know is a committee-designed horse. This is reinforced by recognizing the major role of the federal government in providing, operating and maintaining essential eNavigation infrastructure.

Management and coordination issues are complicated by the number of government entities involved, including those with responsibilities for regulations and infrastructure as well as the consumers of data the system generates. Those include the Departments of Commerce, Defense, Homeland Security, Interior, Transportation, and a number of agencies such as the EPA. If one adds to that mix the number of Congressional Committees potentially involved the size of the resulting list is enough to boggle the mind.

I believe four things should happen, and happen soon.

First, (and this may be unrealistic and wishful thinking) constrain the number of Congressional Committees and Subcommittees involved to a workable number. There are three primary reasons for this. First is the old adage "Too many cooks spoil the broth", translating in a legislative sense to delays and infighting over who does what to whom. This, I think, is not a misplaced concern, considering that something over eighty Committees and Subcommittees are involved with the Department of Homeland Security. Second, infrastructure funding is and will be required in significant amounts, including money to pay for management of the eNavigation process, and the involvement of a small group of committees may offer a better chance of getting done what is needed. The last reason is that there should be a focused legislative review and winnowing out of knee jerk legislative proposals surfacing after marine “incidents” – like Cosco Busan – that capture the media and public interest.

Second, a lead agency for eNavigation must be designated by the Administration. This would provide unified representation of the US needs and position in international deliberations, serve as traffic director for governmental involvement and be the ‘educator’ of the US maritime community, including government, about eNavigation and its benefits. Such a lead agency should also be able to halt developments the effects of which would be detrimental to maritime safety. Given today's trend toward multi-agency task groups this may, like reducing the number of Congressional Committees involved, be wishful thinking.

Third, a federal coordinating committee should be formed representing the governmental entities involved to insure that all are working to the same common end. Such a committee could well be modeled upon some of the language in the October 2005 "National Plan to Achieve Maritime Domain Awareness for the National Strategy for Maritime Security". That plan "...lays the foundation for an effective understanding of anything associated with the Maritime Domain that could impact the security, safety, economy, or environment of the United States..." and serves to ",,,unify United States Government [actions] and support international efforts to achieve MDA across the Federal government, with the private sector and civil authorities within the United States, and with our allies and partners. It directs close coordination of a broad range of federal departments and agencies for this lasting endeavor. Implementation of this Plan will be conducted under the oversight of an interagency implementation team." Actually, it might be possible to utilize an existing organization, the Committee for the Marine Transportation System, for this role.

Fourth, a structure should be constructed to capture the needs of and deal with the concerns of the broad maritime private sector, perhaps institutionalizing something like the earlier National Dialogue group that provided input to VTS development and expansion. Convened by the US Coast Guard in 1997 the effort brought together maritime and port community stakeholders to identify the needs of waterway users with respect to Vessel Traffic Services. Incorporating the private sector in the eNavigation implementation process is the only way to insure success and to convey a sense of ownership.

Make no mistake. Failure of leadership at the national level could have significant consequences for the maritime industry.

Tuesday, March 9, 2010

SoCal Air Regulators Propose Minimum Standards for Port Pollution Reductions

Regulators from the South Coast Air Quality Management District have proposed "backstop" rules that would provide enforcement of ambitious environmental goals and deadlines set down by the Southern California ports of Long Beach and Los Angeles in their omnibus Clean Air Action Plan.

The ports jointly developed and adopted the CAAP, a collection of new and old environmental plans targeting air, water, and land pollution sources, in 2006.

The five-year CAAP proposed spending hundreds of millions of dollars in investments by the ports, the local air district, the state, and port-related industry to cut particulate matter pollution from all port-related sources by at least 47 percent by 2012. The plan also called for a reduction in smog forming nitrogen oxide (NOx) emissions by more than 45 percent, and a reduction in sulfur oxides (SOx) by at least 52 percent.

The backstop rules would set minimum clean air standards and deadlines for attainment that the ports have to meet, such as a target date for particulate matter reductions by 2014 and an ozone deadline by 2023.

While the full backstop rules are not set to be determined until the end of the year following a public input process starting next month, most of the final SCAQMD attainment goals are likely to either match the ports' goals or be later than those set under the CAAP. This is because when the ports wrote the CAAP, many of the goals were set ahead of potential air regulations being discussed by state and local government regulators. In most cases this means that the ports' attainments, if successful, will be well ahead of any dates currently contemplated by SCAQMD and the California Air Resources Board.