Midwest and Ohio Valley Regions Joint Summer Meeting

Transcription

1 The national advocate for the tugboat, towboat and barge industry. Midwest and Ohio Valley Regions Joint Summer Meeting August 19-20, 2009 Four Seasons Hotel St. Louis 999 North Second Street St. Louis, MO

2 Table of Contents Meeting Sponsors 4 Attendee List 7 Agenda 10 Midwest Region Board Members 11 Ohio Valley Region Board Members _ 12 Midcontinent Office 2009 Priorities 13 National 2009 Priorities 14 AWO Organizational Chart 15 Strategic Planning Task Force 16 Political Action Report 20 Goals and Accomplishments, 2005-Present 21 AWO PAC At-a-Glance 22 Midwest Region PAC Totals 23 Ohio Valley Region PAC Totals 24 Permission to Solicit Form 25 PAC Pledge Form 26 Grassroots 27 Grassroots Target Report 28 Midwest Region Grassroots Meetings (By Member of Congress) 29 Midwest Region Grassroots Meetings (By AWO Member) 45 Ohio Valley Region Grassroots Meetings (By Member of Congress) 53 Ohio Valley Region Grassroots Meetings (By AWO Member) 69 Congressional s of Jurisdiction 74 Legislative Activity, Congressional Calendar 78 Administration Outreach 79 Regional Issues 83 Map of State Bills Introduced in Coalition to Protect the Missouri River (CPR) Commitment Form 85 AWO Comments on Chicago Sanitary and Ship Canal Fish Barrier RNA 86 West Virginia Letter: Abandoned Barges Bill 90 West Virginia Letter to Office of Miners Health, Safety and Training: Barge Inspection Bill 93 West Virginia Letter to Secretary of State: Barge Inspection Bill 96 Letter from West Virginia Exempting Barges from Inspection Bill 97 RIETF Mission 98 March 2009 RIETF Meeting 99 Mid-America RQSC One-Pager 102 June 2009 Mid-America RQSC Meeting 103 MOU on Tank Barge Emissions between AWO and LDEQ 106 AWO Comments on EPA Tank Barge Emissions Report 110 AWO Comments on New Orleans RNA 113

3 National Issues 116 AWO ASP, IVSP Approved by Coast Guard 117 Tank Vessel and Salvage Industries Meet to Discuss New Salvage and Firefighting Regulations 118 House Passes TSA Authorization Act 119 AWO Urges Changes to Proposed TWIC Card Reader Requirements 120 Biographies 121 CAPT Tom Hooper 122 CAPT Lorne Thomas 123 Mark Your Calendar: Midwest, Ohio Valley and Southern Regions Joint Annual Meeting 124 Notes Page 125

4 2009 Midwest and Ohio Valley Regions Joint Summer Meeting Meeting Sponsor Breakfast Sponsor Osage Marine Services Inc. Your Generosity is Greatly Appreciated 4 of 125

5 2009 Midwest and Ohio Valley Regions Joint Summer Meeting Reception Sponsors Your Generosity is Greatly Appreciated 5 of 125

6 2009 Midwest and Ohio Valley Regions Joint Summer Meeting Special Session Sponsors Evansville Marine Your Generosity is Greatly Appreciated 6 of 125

7 The American Waterways Operators 2009 Midwest and Ohio Valley Regions Joint Summer Meeting St. Louis, MO Attendees Adams, Jason Ingram Barge Company Aldrich, Robert Evansville Marine Service, Inc. Allegretti, Thomas The American Waterways Operators Anderson, LCDR Scott U.S. Coast Guard Arenstam, CAPT John U.S. Coast Guard Barndt, CAPT Luann U.S. Coast Guard Barr, William Madison Coal & Supply Company Bassow, Walt Upper Mississippi Fleeting, LLC Binsfeld, Adam Brennan Marine, Inc. Buky, Jim Turn Services, Inc. Byers, Michael Crounse Corporation Carmichael, Randal Upper Mississippi Fleeting, LLC Carpenter, Jennifer The American Waterways Operators Carr, Mark AEP River Operations Colabello, William Marsh Inc. Crowley, Steve Marquette Transportation Co., Inc. Cunningham, Bradley American Commercial Lines Daily, Larry Alter Barge Line, Inc. Dewey, David Western Kentucky Navigation, Inc. Erickson, Thomas Marquette Transportation Co., Inc. Foret, Tava the ACTion group Companies Foster, George JB Marine Service, Inc. Fritz, Bill Marathon Oil Company Garrett, James AEP River Operations Gifford, CAPT Verne U.S. Coast Guard Gipson, C. Barry McNational, Inc. 7 of 125

8 The American Waterways Operators 2009 Midwest and Ohio Valley Regions Joint Summer Meeting St. Louis, MO Attendees Gist, Cindi Columbia Marine Service LLC Glenn, Steven Luhr Bros., Inc. Goodwin, Robert U.S. Department of Transportation Gray, P. Doug Evansville Marine Service, Inc. Hamilton, Shara Ingram Barge Company Hammond, Cathy Inland Marine Service Hancock, Bruce Columbia Marine Service LLC Hancock, Steve Columbia Marine Service LLC Hecht, Alan Calumet River Fleeting, Inc. Hendon, Glenn Hunter Marine Heyl, David JB Marine Service, Inc. Hooper, CAPT Thomas U.S. Coast Guard Isnardi, Molly Upper River Services James, C. Ronald James Transportation LLC Keifer, Jeff AEP River Operations Knight, Stan AEP River Operations Koenig, Cassie Rushing Marine Service, L.L.C. Kreider, Richard Cargill Marine and Terminal, Inc. Lay, Keith AEP River Operations Leavell, George Wepfer Marine, Inc. Manley, Jim Upper Mississippi Fleeting, LLC Mayfield, Mark James Transportation LLC Melvin, Darren Hanson Material Service Miller Jr., Don Mt. Vernon Marine Barge Service Monahan, Michael McNational, Inc. Morton, Franklin Turn Services, Inc. Morton, Virginia Turn Services, Inc. Muench, Lynn The American Waterways Operators 8 of 125

9 The American Waterways Operators 2009 Midwest and Ohio Valley Regions Joint Summer Meeting St. Louis, MO Attendees Murgatroyd, Bob American Commercial Lines Neal, Emmett Crounse Corporation Nelson, Lee Upper River Services Nissen, Brent American River Transportation Co. Nyhuis, Frederik Marathon Oil Company O'Hara, COL Thomas U.S. Army Corps of Engineers Patterson, James Osage Marine Services Inc. Pehler, Kent Brennan Marine, Inc. Ploessl, Luke Brennan Marine, Inc. Roach, Mark Inland Marine Service Rogers, Ben The American Waterways Operators Rushing, Mike Rushing Marine Service, L.L.C. Sahulte, James GE Capital Solutions Sehrt, David Ingram Barge Company Southern, Baxter McGriff, Seibels & Williams of Missouri, Inc. Stephaich, Peter Campbell Transportation Company, Inc. Strait, Jason Western Rivers Boat Management Inc. Strait, Charles Western Rivers Boat Management Inc. Thomas, CAPT Lorne U.S. Coast Guard Waxler, Ted SCF Waxler Marine LLC Wepfer, John Wepfer Marine, Inc. Whitlock, W. N. American Commercial Lines Wilken, Royce American River Transportation Co. Ziino, Julie U.S. Army Corps of Engineers Schwalb, Dave GE Capital Solutions 9 of 125

10 The American Waterways Operators Midwest and Ohio Valley Regions Joint Summer Meeting Agenda St. Louis, MO August 20, :30 a.m. 12:30 p.m. Safety Briefing Ms. Cathy Hammond, Inland Marine Service Call to Order Mr. George Leavell, Wepfer Marine, Inc. Chairman s Midwest Region Report Mr. George Leavell, Wepfer Marine, Inc. Chairman s Ohio Valley Region Report Mr. David G. Sehrt, Ingram Barge Company U.S. Coast Guard Report Eighth District CAPT Tom Hooper, U.S. Coast Guard Strategic Plan Task Force Report: Increasing Our Effectiveness Mr. Peter H. Stephaich, Campbell Transportation Company, Inc. U.S. Coast Guard Report Ninth District CAPT Lorne Thomas, U.S. Coast Guard AWO Vice Chairman s Remarks Mr. George Foster, JB Marine Service, Inc. U.S. Coast Guard Sector Reports U.S. Army Corps of Engineers District Reports Sector and District Commanders National Report Mr. Tom Allegretti, The American Waterways Operators Safety Update Mr. Stan Knight, AEP River Operations Regional Report Ms. Lynn M. Muench, The American Waterways Operators Salvage and Firefighting Regulation Update Ms. Jennifer A. Carpenter, The American Waterways Operators Open Discussion Mr. Mike Luhr, Luhr Bros., Inc. Adjourn Mr. David G. Sehrt, Ingram Barge Company The national advocate for the tugboat, towboat, and barge industry 10 of 125

11 The national advocate for the tugboat, towboat and barge industry. AWO Directors Representing the Midwest Region George G. Leavell (2011) Chairman (2010) Wepfer Marine, Inc. Michael Luhr (2010) Vice Chairman (2010) Luhr Bros, Inc. Mark Carr (2010) AEP River Operations Rich Kreider (2010) Cargill Marine & Terminal, Inc. Brent Nissen (2011) American River Transportation Co. James Goat Patterson (2010) Osage Marine Services, Inc. Gregg Thauvette (2011) The Great Lakes Group Alternate Darren Melvin (2010) Hanson Material Service 11 of 125

12 The national advocate for the tugboat, towboat and barge industry. AWO Directors Representing the Ohio Valley Region David G. Sehrt (2011) Chairman (2011) Ingram Barge Company Cathy Hammond (2011) Vice Chairman (2011) Inland Marine Service Bill Barr (2011) Madison Coal & Supply Company Tom Erickson (2010) Marquette Transportation Co., Inc. C. Barry Gipson (2010) McNational, Inc. Frederik A. Nyhuis (2010) Marathon Petroleum Company Peter Stephaich (2011) Campbell Transportation Company, Inc. Ted Waxler (2010) SCF Waxler Marine LLC. Alternate C. Ronald Ronnie James (2010) James Transportation LLC 12 of 125

13 MIDCONTINENT OFFICE 2009 PRIORITIES 1. Continue institutionalizing the congressional grassroots program as a key component of AWO s advocacy program. Work with AWO members in the Midwest and Ohio Valley Regions to establish and strengthen relationships with targeted members of Congress. 2. Effectively represent and serve in a leadership position for all key state legislative and regulatory actions of importance to the industry. Major focus will include vessel emissions and vessel discharges. 3. Continue to work with all key governmental agencies throughout the region to strengthen partnerships, improve communication and facilitate access to information of importance to the industry. The regional office will advocate to critical agencies that impact the industry including the U.S. Coast Guard, the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the Environmental Protection Agency. 4. Manage the AWO PAC program of Midwest and Ohio Valley Regions Board members to lead and encourage AWO member support of the AWO PAC to achieve the Board-approved goals for PAC participation. 5. Lead the campaign to ensure the continuation of adequate Missouri River flows to support Mississippi River navigation by providing leadership of and support to the Coalition to Protect the Missouri River. 6. Engage the Corps, Coast Guard and the Illinois Department of Natural Resources to ensure continued safe navigation over the electric fish barrier in the Chicago Sanitary and Ship Canal. 13 of 125

14 Major Issue Challenges and Objectives for 2009 Secure early publication of a Coast Guard notice of proposed rulemaking consistent with the Towing Safety Advisory recommendations on towing vessel inspection. Defeat any proposals to increase the inland waterways user tax. Prevent erosion of the cabotage laws and build support for the Jones Act with Congressional and Administration policymakers. Secure a legislative or regulatory change to eliminate the requirement for a second trip to the TWIC enrollment center and ensure that DHS regulations do not require TWIC card readers on towing vessels or otherwise impair safe, secure and efficient vessel operations. Secure a uniform and practical national approach to regulation of ballast water and other vessel discharges. Ensure a practical, science-based approach to crew endurance, work and rest issues and work with the Coast Guard to promote widespread implementation of crew endurance management principles. Establish and maintain effective relationships with Congressional and Administration decisionmakers whose work impacts AWO members and promote a positive industry image. Manage the implementation of changes to the Responsible Carrier Program to strengthen the RCP and ensure a smooth transition to the forthcoming towing vessel inspection regime. 14 of 125

15 AWO Organizational Chart Updated 7/17/09 Tom Allegretti President & CEO Jennifer Carpenter Senior Vice President National Advocacy Lynn Muench Senior Vice President Regional Advocacy Bob Clinton Vice President Safety Chris Coakley Vice President Legislative Affairs Anne Burns Vice President Public Affairs & Communications Jason Lewis Vice President Pacific Region Nicole de Sibour Vice President Atlantic Region Mark Wright Vice President Southern Region Vickie Hammond Assistant to the President & AWO Secretary Vacant Coordinator Meetings & Membership Lynn Craig Vice President Finance & Administration Jayson Larner Coordinator Information Technology & Training Kelly Fitzpatrick Manager Finance & Administration Mary Mills Office Manager & Receptionist Years of Service to AWO Mary McCarthy Government Affairs Associate Brian Vahey Government Affairs Associate Benjamin Rogers Government Affairs Associate Robert McCaw Government Affairs Associate Susan Miller Government Affairs Assistant Tom Allegretti: 24 years Anne Burns: 10 years Jennifer Carpenter: 19 years Bob Clinton: 13 years Chris Coakley: 4 years Lynn Craig: 2 years Nicole desibour: 1 year Kelly Fitzpatrick: 3 years Vickie Hammond: 9 years Jayson Larner: 2 years Jason Lewis: 4 years Mary McCarthy: 3 years Robert McCaw: 1 year Susan Miller: 1 year Mary Mills: 10 years Lynn Muench: 8 years Benjamin Rogers: 1 year Brian Vahey: 1 year Mark Wright 3 months 15 of 125

16 Strategic Planning Task Force 16 of 125

17 REVISED DRAFT Updated AWO 21 June 19, 2009 Vision The American Waterways Operators is the national advocate for the U.S. tugboat, towboat and barge industry, which serves the nation as the safest, most environmentally friendly, and most economical mode of freight transportation. Mission The American Waterways Operators represents the people who own and operate the tugboats, towboats and barges serving the rivers, coasts, Great Lakes and harbors of the United States. AWO promotes the industry s value to the nation as a driver of the U.S. economy with a positive impact on the American quality of life, moving vital commodities safely, providing family-wage jobs, reducing air and water pollution, relieving highway congestion, and protecting homeland security. Values AWO members: Operate their companies and vessels in an ethical manner. Care for their employees and the public by working to improve the safety of their operations and the professionalism of their people. Care for the environment by working to protect and improve the quality of our nation s air and water. Supply creative, practical, and economical solutions to their customers and the nation s transportation needs. Provide value to the nation, moving cargoes vital to the U.S. economy as the safest, most environmentally friendly and most efficient mode of freight transportation. Value member diversity and engage in cooperative endeavors for the betterment of the industry. Work collaboratively with government and other stakeholders to find solutions to issues of safety, security, the environment and freight mobility. Goals 1. Promote positive public awareness of the tugboat, towboat and barge industry. 2. Lead and support AWO members in continuously improving safety, security and environmental stewardship. 3. Promote the tugboat, towboat and barge industry with the U.S. Congress and advocate for legislation and policies that benefit the industry. 4. Promote the tugboat, towboat and barge industry with the Administration and federal agencies and advocate for regulatory policies that benefit the industry. 17 of 125

18 -2-5. Influence priority state and federally-proposed regional initiatives that broadly affect industry interests. 6. Promptly inform and engage the membership on public policy issues. 7. Govern and manage the association effectively and efficiently. Objectives Goal 1: Promote positive public awareness of the tugboat, towboat and barge industry. 1.1 Develop a concise and effective value proposition to tell the industry s story to policymakers and targeted public audiences. 1.2 Develop and implement a strategy to raise awareness of the industry s value to the nation. 1.3 Engage members to act as ambassadors for the industry to policymakers, media, and targeted public audiences. 1.4 Use technology strategically to communicate the industry s message. 1.5 Build and maintain relationships with targeted trade and mainstream media. Goal 2: Lead and support AWO members in continuously improving safety, security and environmental stewardship. 2.1 Ensure AWO members continue to lead the marine transportation industry in safety and environmental stewardship. 2.2 Strengthen the Responsible Carrier Program and enhance its value to AWO members. 2.3 Establish safety and environmental goals and measure results. 2.4 Utilize and manage appropriate resources to ensure successful industry transition to Subchapter M and other federal regulations. 2.5 Convene forums and facilitate processes for improving vessel safety, protecting the environment and educating AWO members. 2.6 Manage and modernize vessel security plans. Goal 3: Promote the tugboat, towboat and barge industry with the U.S. Congress and advocate for legislation and policies that benefit the industry. 3.1 Develop and implement an integrated strategy to achieve legislative objectives. 3.2 Build and maintain relationships with key Members of Congress and their staffs and establish AWO as the go-to organization on domestic maritime issues. 3.3 Integrate AWO members in legislative advocacy, building and leveraging grassroots relationships with Members of Congress. 3.4 Use coalitions to strengthen relationships and achieve legislative results. 3.5 Ensure a robust AWO-PAC and political support program that is integrated into AWO s overall legislative strategy. 3.6 Establish performance measures for assessing legislative results and communicate them to members. 18 of 125

19 -3- Goal 4: Promote the tugboat, towboat and barge industry with the Administration and federal agencies and advocate for regulatory policies that benefit the industry. 4.1 Develop and implement an integrated strategy to position the industry positively with the Administration, including targeted federal agencies, to achieve regulatory objectives. 4.2 Build and maintain relationships with Administration officials and regulators and establish AWO as the go-to organization on domestic maritime issues. 4.3 Integrate AWO members in Administration and regulatory advocacy, building and leveraging their relationships and technical expertise. 4.4 Establish performance measures for assessing regulatory results and communicate them to members. Goal 5: Influence priority state and federally-proposed regional initiatives that broadly affect industry interests Systematically monitor state and federally-proposed regional initiatives and advocate on those broadly impacting the industry Provide information on and advice to AWO members on advocacy challenges Utilize and activate AWO members, outside organizations and other resources to prosecute advocacy programs Proactively plan for increased or future state or federally-proposed activities. Goal 6: Promptly inform and engage the membership on public policy issues. 6.1 Educate members about relevant public policy issues in a timely way. 6.2 Use technology effectively to engage members on issue developments. 6.3 Enhance AWO meetings to foster member engagement with and among AWO members. 6.4 Engage Board of Directors and Executive members as leaders in AWO communications with members and prospective members. 6.5 Develop targeted messages and communication mechanisms aimed at educating vessel crews and shoreside personnel as appropriate to meet AWO s strategic objectives. Goal 7: Govern and manage the association effectively and efficiently. 7.1 Maintain a financially strong organization with adequate reserves and financial flexibility consistent with trade association best practices. 7.2 Recruit, develop and retain a quality staff to execute AWO s mission. 7.3 Ensure high ethical standards and compliance with applicable law and regulation. 7.4 Define and communicate expectations and responsibilities of Board of Directors and Executive members. 7.5 Maintain a governance structure and processes that balance effective oversight, efficient decision making, and diverse AWO member perspectives. 7.6 Ensure that the membership remains engaged in and committed to the association. 7.7 Provide a professional development program for AWO staff consistent with trade association best practices and the needs of the organization. 7.8 Utilize strategic alliances with other organizations to foster effective advocacy and efficient use of member resources. 19 of 125

20 Political Action (PAC) 20 of 125

21 AWO PAC Goals and Accomplishments 2005-Present Metric Goal Final Goal Final Goal To Date PAC $ Raised $100, $106, $120, $120, $150, $44,425 % Executive Participation 100% 100% 100% 100% 100% Both AWO PAC & Fundraiser 77% PAC 85% fundraiser % Board Participation 75% 86% 100% 100% 100% Both AWO PAC & Fundraiser % Membership Participation 50% 40% 50% 40% 50% AWO PAC or Fundraiser 50% PAC 67% fundraiser 20% Atlantic Region Goal 50% 30% 50% 50% 50% AWO PAC or 20% + $2,550 Fundraiser and $18,000 to AWO PAC Southern Region Goal 50% 33% 50% 27% 50% AWO PAC or 16% + $22,650 Fundraiser and $68,500 to AWO PAC Midwest Region Goal 50% 34% 50% 48% 50% AWO PAC or 27% + $7,950 Fundraiser and $25,000 to AWO PAC Ohio Valley Region Goal 50% 57% 50% 54% 50% AWO PAC or 36% + $8,750 Fundraiser and $33,000 to AWO PAC Pacific Region Goal 50% 75% 50% 58% 50% AWO PAC or 14% + $350 Fundraiser and $13,000 to AWO PAC Total AWO Political Contribution $309, $404, $500, $146, of 125

22 PAC UPDATE July 29, 2009 (All financials are election cycle to date ( )) Receipts $44, Disbursements $41, Total raised at fundraisers ($350,000 goal) $131, Regional Metrics Atlantic Region (41 Total Companies) Pacific Region (28 Total Companies) Percent PTS Forms Signed 32% (13 total) Percent PTS Forms Signed 18% (5 total) Percentage Participation 20% (8Total) Percentage Participation 14% (4 Total) Total Contribution Goal $18, Total PAC Contribution $2, Fundraiser Contribution $6, Midwest Region (33 Total Companies) Total Contribution Goal $13, Total PAC Contribution $350 Fundraiser Contribution $8, Southern Region (125 Total Companies) Percent PTS Forms Signed 24 % (8 total) Percent PTS Forms Signed 18 % (23 total) Percentage Participation 27% (9 Total) Percentage Participation 16% (20 Total) Total Contribution Goal $25, Total PAC Contribution $7, Fundraiser Contribution $11, Ohio Valley Region (25 Total Companies) Total Contribution Goal $68, Total PAC Contribution $22, Fundraiser Contribution $59, Executive Percent PTS Forms Signed 44% (11 total) AWO PAC Contribution 69% (9 total) Percentage Participation 36% (9 Total) Total Contribution Goal $33, Total PAC Contribution $8, Fundraiser Contribution $16, Fundraiser Contribution Board of Directors Total PAC Contribution Fundraiser Contribution 85% (11 total) 50% (26 total) 63% (33 total) 22 of 125

23 AWO Member Contributions (From individuals representing the following member companies.) Region/Company PAC Financial Goal 2009 Contribution to the AWO PAC 2010 Contribution to the AWO PAC Contributions to AWO-Sponsored Fundraising Events Total Political Contribution Participation* Midwest Region (33 Total) $25, $7, $0.00 $13, $20, % AEP River Operations $5, $2, Alter Barge Line $ $2, American River Transportation Co. $1, Andrie, Inc. Apex Towing Company Barge America Brennan Marine, Inc. Calumet River Fleeting, Inc. Cargill Marine & Terminal $1, Columbia Marine Service LLC Cummings Marine, Inc. Economy Boat Store Egan Marine Corporation Fitzgerald Marine & Repair, Inc. GLENMAR, INC. Great Lakes Dredge & Dock Company $1, Hannah Marine Corporation Hanson Material Service Helena Marine Service, Inc. Illinois Marine Towing, Inc. JB Marine Service, Inc. $1, $3, Kindra Lake Towing Lawson & Lawson Towing Company, Inc. Lewis & Clark Marine, Inc. Luhr Bros., Inc. Merrill Marine Services, Inc. Osage Marine Services, Inc. $1, Port City Tug, Inc. The Great Lakes Group Upper Mississippi Fleeting, LLC Upper River Services $1, Wepfer Marine, Inc. $2, of 125

24 Region/Company PAC Financial Goal 2009 Contribution to the AWO PAC 2010 Contribution to the AWO PAC Contributions to AWO-Sponsored Fundraising Events Total Political Contribution Participation* Ohio Valley Region (Total 25) $33, $8, $0.00 $18, $27, % American Commercial Lines, LLC $2, $6, Bray Marine, Inc. Campbell Transportation Company $2, CONSOL, Inc. Crounse Corporation DTC Marine Services, Inc. Evansville Marine Service, Inc. Falls City Marine Service, LLC Gate City River Transportation, LLC Hunter Marine $50.00 $ Imperial Towing Inc. Ingram Barge Company $5, $5, Inland Marine Service $ $1, James Transportation LLC D/b/a Tennessee Valley Towing (formerly James Marine, Inc.) John's Towing Service, Inc. Madison Coal & Supply $1, Marathon Petroleum Company $ $1, Marquette Transportation, Co., Inc. $2, McNational, Inc. $ Mt. Vernon Barge Service Ohio Valley Marine Service, Inc. Salyers Solutions, LLC $ SCF Waxler Marine Superior Marine Ways, Inc. Western Kentucky Navigation Western Rivers Boat Management Inc. 24 of 125

25 AWO PAC Permission to Solicit Form Dear AWO Member: Federal Election Commission (FEC) regulations require that AWO receive permission from you authorizing contact concerning contributions to the AWO PAC. Written permission to solicit must be obtained by AWO for each calendar year. A company may give authorization for multiple years at one time and may revoke its authorization at any time. FEC regulations also state that a corporation may not approve solicitations by more than one trade association for the same calendar year. Please complete and submit this form as soon as possible. Thank you! I, as the designated representative of my company, enroll my company in the AWO PAC for the years indicated below. I certify that my corporation has approved solicitation of individuals by the AWO PAC only and has not authorized solicitation by any other trade association. As a member of AWO PAC, our company authorizes AWO PAC to receive voluntary contributions from the company s executive, administrative and managerial personnel. I understand that AWO PAC will not solicit employees of the company without my express permission and that I may withdraw my authorization of AWO PAC at any time. I prefer not to enroll my company in the AWO PAC and do not authorize them as an eligible PAC for my company s employee contributions. Name: Title: Company: Address: City, State, Zip: Date: Signature: Years Authorized (please sign by each year for which you wish to enroll): AWO will not directly contact your employees for contributions. Please fax or mail your completed PTS form to: AWO PAC Attn: Susan Miller 801 North Quincy Street, Suite 200 Arlington, VA Fax: (703) Contributions are not deductible for Federal income tax purposes. Contributions to AWO PAC are voluntary and are used for political purposes. You may refuse to contribute without reprisal. Federal law requires AWO PAC to request and report the name, home address, occupation and employer for each person whose 25 of 125 contributions exceed two hundred dollars ($200.00) or more in a calendar year.

26 AWO PAC Pledge Form YES, I would like to contribute to AWO PAC and support the political efforts of the tugboat and barge industry! NO, I am not willing to contribute to AWO PAC at this time. Contributor Information Name: Title: Company: Address: City, State, Zip: Phone: Fax: address: Date: Signature: Pledge Information Amount of Contribution: Chairman s Club $5,000 Platinum Level $2,500 Gold Level $1,000 Silver Level $500 Bronze Level $250 Other amount (Specify) I would like to make my contribution via: Check (enclosed): Credit Card: Please bill me: Billing or charging Terms (Please circle one): Annually/Semi-Annually/Quarterly/Monthly/Weekly For Credit Card Transactions: Card Type: Visa MasterCard Card Number: Expiration Date: Security Code: Please fax or mail your completed Pledge form to: AWO PAC Attn: Susan Miller 801 North Quincy Street, Suite 200 Arlington, VA Fax: (703) Questions about the AWO PAC Please contact Nicole desibour or Susan Miller at (703) Contributions are not deductible for Federal income tax purposes. Contributions from corporations or foreign nationals are prohibited. Contributions to AWO PAC are voluntary and are used for political purposes. Any amount recommended is merely a guideline and you may contribute more or less than the suggested amount. AWO and any AWO member company will not favor or disadvantage anyone by reason of the amount of their contribution or their decision not to contribute. You may refuse to contribute without reprisal. Federal law requires AWO PAC to request and report the name, home address, occupation and employer for each person whose contributions exceed two hundred dollars ($200.00) or more in a calendar year. 26 of 125

27 Grassroots 27 of 125

28 Grassroots Target Report August 3, 2009 Members of Congress Visited Platinum/Gold Targets Nationwide Goal: 100% (110 out of 110 Members of Congress) Platinum/Gold Targets Achieved: 59% (65 out of 110 Members of Congress) Silver Targets Nationwide Goal: 25% (31 out of 124 Members of Congress) Silver Targets Achieved: 21% (26 out of 124 Members of Congress) Carrier Member Participation Nationwide Goal: 50% (128 out of 256 Carrier Members) Carrier Members Participation Achieved: 23% (59 out of 256 Carrier Members Have Been on Visits) Regional Metrics Atlantic Region Pacific Region Platinum/Gold Goal: 100% (34 out of 34) Platinum/Gold Goal: 100% (17 out of 17) Platinum/Gold Visits: 50% (17 out of 34) Platinum/Gold Visits: 71% (12 out of 17) Silver Goal: 25% (9 out of 34) Silver Goal: 25% (9 out of 33) Silver Visits: 24% (8 out of 34) Silver Visits: 9% (3 out of 33) Carrier Member Goal: 50% (21 out of 42) Carrier Member Goal: 50% (14 out of 27) Carrier Member Visits: 29% (12 out of 42) Carrier Member Visits: 37% (10 out of 27) Midwest Region Southern Region Platinum/Gold Goal: 100% (20 out of 20) Platinum/Gold Goal: 100%: (23 out of 23) Platinum/Gold Visits: 55% (11 out of 20) Platinum/Gold Visits: 70% (16 out of 23) Silver Goal: 25% (6 out of 23) Silver Goal: 25% (4 out of 13) Silver Visits: 9% (2 out of 23) Silver Visits: 46% (6 out of 13) Carrier Member Goal: 50% (18 out of 36) Carrier Member Goal: 50% (62 out of 124) Carrier Member Visits: 31% (11 out of 36) Carrier Member Visits: 15% (19 out of 124) Ohio Valley Region Platinum/Gold Goal: 100% (16 out of 16) Platinum/Gold Visits: 56% (9 out of 16) Silver Goal: 25% (5 out of 21) Silver Visits: 33% (7 out of 21) Carrier Member Goal: 50% (14 out of 27) Carrier Member Visits: 26% (7 out of 27) 28 of 125

29 Grassroots Targets : Midwest Region Office/ (s) Senator Blanche Lincoln (D-AR) Finance Office Participant(s) Brandon McBride Cynthia Edwards Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20) AWO Staff and/or Members Topic(s) Date Ted Waxler, SCF Waxler Marine LLC * Norb Whitlock, American Commercial Lines (ACL) * David Parker, ACL * Michael Ryan, ACL * Peter Stephaich, Campbell Transportation Company, Inc. * David Fennelley, Turn Services * Lynn Muench, AWO Jody Davenport, Economy Boat Store Lynn Muench, AWO TWIC, NPDES, Lockage Tax TWIC, NPDES, Lockage Tax 4/1/09 4/23/09 Page 1 of 16 As of August 3, 2009 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region 29 of 125

30 Grassroots Targets : Midwest Region Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20) Senator Mark Pryor (D-AR) Commerce, Science & Transportation and Homeland Security & Governmental Affairs Andrew Grobmeyer Jim Pitcock Ted Waxler, SCF Waxler Marine LLC * Norb Whitlock, ACL * David Parker, ACL * Michael Ryan, ACL * Peter Stephaich, Campbell Transportation Company, Inc. * David Fennelley, Turn Services * Lynn Muench, AWO Jody Davenport, Economy Boat Store Lynn Muench, AWO TWIC, NPDES, Lockage Tax TWIC, NPDES, Lockage Tax 4/1/09 4/23/09 Senator Roland Burris (D-IL) Homeland Security & Governmental Affairs Senator Dick Durbin (D-IL) Senate Majority Whip Senator Durbin & Sarah Neimeyer Mike Hennessey, CONSOL Energy Sales Company * Mary McCarthy, AWO NPDES 2/26/09 Page 2 of 16 As of August 3, 2009 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region 30 of 125

31 Grassroots Targets : Midwest Region Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20) Senator Charles Grassley (R-IA) Finance Senator Sam Brownback (R-KS) Commerce, Science & Transportation Senator Carl Levin (D-MI) Homeland Security & Governmental Affairs Senator Al Franken (D-MN) Jim Lyons George Foster, JB Marine Service, Inc. H. Merritt Lane III, Canal Barge Company, Inc. * Tim Casey, K-Sea Transportation Corp. * Tom Allegretti, AWO Lockage Tax 4/1/09 Page 3 of 16 As of August 3, 2009 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region 31 of 125

32 Grassroots Targets : Midwest Region Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20) Senator Amy Klobuchar (D-MN) Commerce, Science & Transportation and Environment & Public Works Charly Moore Lee Nelson, Upper River Services, LLC George Leavell, Wepfer Marine, Inc. Peter Stephaich, Campbell Transportation Company, Inc. * Lynn Muench, AWO NPDES 2/27/09 Tristan Brown George Leavell, Wepfer Marine, Inc. NPDES, Lockage Tax 4/1/09 Michael Luhr, Luhr Brothers, Inc. Steven Glenn, Luhr Brothers, Inc. Mark Carr, AEP River Operations Lee Nelson, Upper River Services, LLC Chris Coakley, AWO Senator Kit Bond (R-MO) Environment & Public Works Page 4 of 16 As of August 3, 2009 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region 32 of 125

33 Grassroots Targets : Midwest Region Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20) Senator Claire McCaskill (D-MO) Commerce, Science & Transportation and Homeland Security & Governmental Affairs Bob Burns Dave Heyl, JB Marine Service, Inc. Tina Foster, JB Marine Service, Inc. Brent Nissen, American River Transportation Company (ARTCO) Gerry Vick, Upper Mississippi Fleeting, LLC Mark Carr, AEP River Operations Lynn Muench, AWO TWIC, NPDES, Lockage Tax, Missouri River 5/4/09 Bob Burns George Foster, JB Marine Service, Inc. Industry education 5/22/09 Dave Heyl, JB Marine Service, Inc. Senator Herb Kohl (D-WI) Appropriations Page 5 of 16 As of August 3, 2009 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region 33 of 125

34 Grassroots Targets : Midwest Region Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20) Rep. Marion Berry (D-AR) Appropriations Rep. Berry & Anders Reynolds Erika Chudy George Leavell, Wepfer Marine, Inc. Michael Luhr, Luhr Brothers, Inc. Steven Glenn, Luhr Brothers, Inc. Mark Carr, AEP River Operations Lee Nelson, Upper River Services, LLC Chris Coakley, AWO Jody Davenport, Economy Boat Store Lynn Muench, AWO Lockage Tax 4/1/09 TWIC, NPDES, Lockage Tax 4/23/09 Rep. Jerry Costello (D-IL) Transportation & Infrastructure Sarah Blackwood Rep. Costello & Mary Shalapin Royce Wilken, ARTCO Dave Heyl, JB Marine Service, Inc. Richard Kreider, Cargill Marine and Terminal, Inc. Molly Isnardi, Upper River Services, LLC Del Wilkins, Canal Barge Company, Inc. Mike Rushing, Rushing Marine Service, LLC ** Jennifer Carpenter, AWO Michael Luhr, Luhr Brothers, Inc. David Heyl, JB Marine Service, Inc. Tina Foster, JB Marine Service, Inc. Paul Wellhausen, Lewis & Clark Marine, Inc. John Niehaus, Lewis & Clark Marine, Inc. Lynn Muench, AWO NPDES, Lockage Tax 4/1/09 TWIC, Lockage Tax 5/4/09 Page 6 of 16 As of August 3, 2009 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region 34 of 125

35 Grassroots Targets : Midwest Region Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20) Rep. Phil Hare (D-IL) Transportation & Infrastructure Rep. Timothy Johnson (R-IL) Transportation & Infrastructure Rep. Bruce Braley (D-IA) Energy & Commerce Pete DeKock Larry Daily, Alter Barge Line, Inc. Lynn Muench, AWO TWIC, NPDES, Lockage Tax 7/16/09 Page 7 of 16 As of August 3, 2009 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region 35 of 125

36 Grassroots Targets : Midwest Region Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20) Rep. Russ Carnahan (D-MO) Transportation & Infrastructure Rep. Jo Ann Emerson (R-MO) Appropriations Katy Dawson Anna Jinkerson Frank Miller Royce Wilken, ARTCO Dave Heyl, JB Marine Service, Inc. Richard Kreider, Cargill Marine and Terminal, Inc. Molly Isnardi, Upper River Services, LLC Del Wilkins, Canal Barge Company, Inc. Mike Rushing, Rushing Marine Service, LLC ** Jennifer Carpenter, AWO Dave Heyl, JB Marine Service, Inc. Tina Foster, JB Marine Service, Inc. Brent Nissen, ARTCO Gerry Vick, Upper Mississippi Fleeting, LLC Mark Carr, AEP River Operations Lynn Muench, AWO Spencer Murphy, Canal Barge Company, Inc. * David Hanby, Jr., McDonough Marine Service * Jeffrey L. Nightingale, Mississippi Marine Corporation *** Lance Rase, Consolidated Grain & Barge, Inc. *** Cherrie Felder, Channel Shipyard Company, Inc. *** NPDES, Lockage Tax, Climate Change TWIC, NPDES, Lockage Tax 4/1/09 5/4/09 NPDES, Lockage Tax 4/1/09 Page 8 of 16 As of August 3, 2009 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region 36 of 125

37 Grassroots Targets : Midwest Region Platinum/Gold Goal: 100% (20 out of 20) Achieved: 55% (11 out of 20) Rep. Thomas Petri (R-WI) Transportation & Infrastructure Office/ (s) Senator Mike Johanns (R-NE) Commerce, Science & Transportation Senator Ben Nelson (D-NE) Appropriations Office Participant(s) Grassroots Targets : Midwest Region Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23) AWO Staff and/or Members Topic(s) Date Page 9 of 16 As of August 3, 2009 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region 37 of 125

38 Grassroots Targets : Midwest Region Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23) Senator Byron Dorgan (D-ND) Commerce, Science & Transportation Senator Tim Johnson (D-SD) Appropriations Senator John Thune (R-SD) Ranking Member, Surface Transportation & Merchant Marine Infrastructure, Safety & Security, Subcommittee, Commerce, Science & Transportation * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region Page 10 of 16 As of August 3, of 125

39 Grassroots Targets : Midwest Region Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23) Rep. John Boozman (R-AR) Ranking Member, Water Resources & Environment Subcommittee, Transportation & Infrastructure Rep. Daniel Lipinski (D-IL) Transportation & Infrastructure Rep. Aaron Schock (R-IL) Transportation & Infrastructure Rep. Schock & Aaron Smith Royce Wilken, ARTCO Dave Heyl, JB Marine Service, Inc. Richard Kreider, Cargill Marine and Terminal, Inc. Molly Isnardi, Upper River Services, LLC Del Wilkins, Canal Barge Company, Inc. Mike Rushing, Rushing Marine Service, LLC ** Jennifer Carpenter, AWO NPDES, Lockage Tax 4/1/09 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region Page 11 of 16 As of August 3, of 125

40 Grassroots Targets : Midwest Region Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23) Rep. Leonard Boswell (D-IA) Transportation & Infrastructure Rep. Jerry Moran (R-KS) Transportation & Infrastructure Rep. Vernon Ehlers (R-MI) Transportation & Infrastructure Rep. Carolyn Kilpatrick (D-MI) Appropriations * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region Page 12 of 16 As of August 3, of 125

41 Grassroots Targets : Midwest Region Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23) Rep. Candice Miller (R-MI) Transportation & Infrastructure and Homeland Security Rep. Michael Rogers (R-MI) Energy & Commerce Rep. Mark Schauer (D-MI) Transportation & Infrastructure Rep. Jim Oberstar (D-MN) Chair, Transportation & Infrastructure * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region Page 13 of 16 As of August 3, of 125

42 Grassroots Targets : Midwest Region Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23) Rep. Timothy Walz (D-MN) Transportation & Infrastructure Rep. Roy Blunt (R-MO) Rep. Emmanuel Cleaver (D-MO) Homeland Security Rep. Sam Graves (R-MO) Transportation & Infrastructure Rep. Blaine Luetkemeyer (R-MO) Agriculture Mike Matousek & Brooke Shupe Royce Wilken, ARTCO Dave Heyl, JB Marine Service, Inc. Richard Kreider, Cargill Marine and Terminal, Inc. Molly Isnardi, Upper River Services, LLC Del Wilkins, Canal Barge Company, Inc. Mike Rushing, Rushing Marine Service, LLC ** Jennifer Carpenter, AWO TWIC, NPDES, Lockage Tax 4/1/09 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region Page 14 of 16 As of August 3, of 125

43 Grassroots Targets : Midwest Region Silver Goal: 25% (6 out of 23) Achieved: 9% (2 out of 23) Rep. David Obey (D-WI) Appropriations Rep. Steve Kagen (D-WI) Transportation & Infrastructure * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region Page 15 of 16 As of August 3, of 125

44 Office/ (s) Senator Tom Harkin (D-IA) Appropriations Rep. Danny Davis (D-IL) Ways & Means Office Participant(s) Alison Hart Rep. Davis Grassroots Targets : Midwest Region Other Members Copper Goal: 25% (5 out of 17) Copper Achieved: 12% (2 out of 17) Tin Goal: 5% (2 out of 39) Tin Achieved: 3% (1 out of 39) AWO Staff and/or Members Topic(s) Date Larry Daily, Alter Barge Line, Inc. Lynn Muench, AWO Mike Hennessey, Consol Energy * Mary McCarthy, AWO TWIC, NPDES, Lockage Tax 7/16/09 NPDES 2/26/09 Rep. John Shimkus (R-IL) Rep. Shimkus & Grant Culp George Leavell, Wepfer Marine, Inc. Michael Luhr, Luhr Brothers, Inc. Steven Glenn, Luhr Brothers, Inc. Mark Carr, AEP River Operations Lee Nelson, Upper River Services, LLC Chris Coakley, AWO Lockage Tax 4/1/09 * Denotes AWO Member outside of Midwest Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Midwest Region Page 16 of 16 As of August 3, of 125

45 Member Participation Targets: Midwest Region Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36) Company AWO Member Office Office Topic(s) Date Participant(s) Senator Amy Klobuchar Tristan Brown NPDES & Lockage Tax 04/01/09 (D-MN) Rep. Marion Berry (D-AR) Rep. Berry & Anders NPDES, TWIC, Lockage Tax 04/01/09 AEP River Operations Mark Carr Reynolds Rep. John Shimkus (R-IL) Rep. Shimkus Lockage Tax 04/01/09 & Grant Culp Rep. Steve LaTourette Rep. LaTourette & NPDES 04/01/09 (R-OH) Kate Ostrander Senator Jim DeMint (R-SC) Hap Rigby NDPES 04/01/09 Rep. Russ Carnahan (D-MO) Anna Jinkerson TWIC, NPDES, Lockage Tax 05/04/09 Senator Claire McCaskill Bob Burns TWIC, NPDES, Lockage Tax, 05/04/09 (D-MO) Missouri River Senator Tom Harkin (D-IA) Alison Hart TWIC, NPDES, Lockage Tax 07/16/09 Alter Barge Line, Inc. Larry Daily Rep. Bruce Braley (D-IA) Pete DeKock TWIC, NPDES, Lockage Tax 07/16/09 >>> >>>>>>>>>>>>>> American River Transportation Co.>>>>>>>>>>>>>> >>>>>>>> Royce Wilken & Brent Nissen Rep. Zach Wamp (R-TN) Erin Fogleman NPDES 04/01/09 Mike Rep. Sam Graves (R-MO) Matousek & TWIC, NPDES, Lockage Tax 04/01/09 Brooke Shupe Rep. Jerry Costello (D-IL) Sarah NPDES, Lockage Tax 04/01/09 Blackwood Rep. Guthrie Rep. Bret Guthrie (R-KY) & Megan NPDES, Lockage Tax 04/01/09 Spindel Page 1 of 8 As of August 3, 2009 * Denotes AWO Affiliate Member 45 of 125

46 Member Participation Targets: Midwest Region Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36) American River Transportation Co (con t.) Rep. Aaron Schock (R-IL) Rep. Russ Carnahan (D-MO) Senator Claire McCaskill (D-MO) Rep. Schock & Aaron Smith Katy Dawson Anna Jinkerson Bob Burns NPDES, Lockage Tax 04/01/09 NPDES, Lockage Tax, Climate 04/01/09 Change TWIC, NPDES, Lockage Tax 05/04/09 TWIC, NPDES, Lockage Tax, Missouri River 05/04/09 Andrie, Inc. Apex Towing Company Barge America Brennan Marine, Inc. Calumet River Fleeting, Inc. Cargill Marine and Terminal, Inc. Richard Kreider Rep. Zach Wamp (R-TN) Erin Fogleman NPDES 04/01/09 Rep. Jerry Costello (D-IL) Sarah NPDES, Lockage Tax 04/01/09 Blackwood Rep. Russ Carnahan (D-MO) Katy Dawson NPDES, Lockage Tax, Climate 04/01/09 Change Rep. Aaron Schock (R-IL) Rep. Schock & NPDES, Lockage Tax 04/01/09 Aaron Smith Rep. Bret Guthrie (R-KY) Rep. Guthrie & Megan Spindel NPDES, Lockage Tax 04/01/09 Mike Rep. Sam Graves (R-MO) Matousek & TWIC, NPDES, Lockage Tax 04/01/09 Brooke Shupe Page 2 of 8 As of August 3, 2009 * Denotes AWO Affiliate Member 46 of 125

47 Member Participation Targets: Midwest Region Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36) Columbia Marine Service LLC Cummings Marine, Inc. Economy Boat Store Egan Marine Corporation Evansville Marine Service, Inc. Fitzgerald Marine & Repair, Inc. GLENMAR, INC. Great Lakes Dredge & Dock Company Hannah Marine Corporation Hanson Material Service Helena Marine Service, Inc. Illinois Marine Towing, Inc. JB Marine Service, Inc. Jody Davenport George Foster, Tina Foster & Dave Heyl Senator Blanche Lincoln Cynthia TWIC, NPDES, Lockage Tax 04/23/09 (D-AR) Edwards Senator Mark Pryor (D-R) Jim Pitcock TWIC, NPDES, Lockage Tax 04/23/09 Rep. Marion Berry (D-AR) Erika Chudy TWIC, NPDES, Lockage Tax 04/23/09 Senator David Vitter (R-LA) Senator Vitter & Chris Business Climate, Lockage 04/01/09 Stanley Tax, NPDES Rep. Gene Taylor (D-MS) Rep. Taylor TWIC, NPDES, Lockage Tax 04/01/09 Rep. Bret Guthrie (R-KY) Rep. Guthrie & Megan NPDES, Lockage Tax 04/01/09 Spindel Page 3 of 8 As of August 3, 2009 * Denotes AWO Affiliate Member 47 of 125

48 Member Participation Targets: Midwest Region Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36) JB Marine Service, Inc. (con t.)m MMMMMMMMM MMMMMMMMMM MMMMMMMMMM MMMMMMMMMM MMMMMMMMMM MMMMMMMMM Kindra Lake Towing, LP Lawson & Lawson Towing Company, Inc. Lewis & Clark Marine, Inc. Luhr Bros., Inc. Paul Wellhausen & John Niehaus Michael Luhr & Steven Glenn Rep. Zach Wamp (R-TN) Erin Fogleman NPDES 04/01/09 Senator Charles Grassley Jim Lyons Lockage Tax 04/01/09 (R-IA) Rep. Aaron Schock (R-IL) Rep. Schock & NPDES, Lockage Tax 04/01/09 Aaron Smith Rep. Sam Graves (R-MO) Mike Matousek & TWIC, NPDES, Lockage Tax 04/01/09 Brooke Shupe Rep. John Mica (R-FL) John Rayfield TWIC, NPDES, Lockage Tax 04/01/09 Katy Dawson NPDES, Lockage Tax, Climate 04/01/09 Rep. Russ Carnahan (D-MO) Change Anna TWIC, NPDES, Lockage Tax 05/04/09 Jinkerson Sarah NPDES, Lockage Tax 04/01/09 Blackwood Rep. Jerry Costello (D-IL) Rep. Costello & Mary TWIC, Lockage Tax 05/04/09 Shalapin Senator Claire McCaskill Bob Burns TWIC, NPDES, Lockage Tax, Missouri River 05/04/09 (D-MO) Industry education 05/22/09 Rep. Jerry Costello (D-IL) Senator Amy Klobuchar (D-MN) Rep. Costello & Mary Shalapin TWIC, Lockage Tax 05/04/09 Tristan Brown NPDES & Lockage Tax 04/01/09 Page 4 of 8 As of August 3, 2009 * Denotes AWO Affiliate Member 48 of 125

49 Member Participation Targets: Midwest Region Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36) Luhr Bros., Inc. (cont d) Merrill Marine Services, Inc. Osage Marine Services Inc. Port City Tug, Inc. Puerto Rico Towing & Barge Co. The Great Lakes Group U.S. United Ocean Services United Maritime Group, LLC Upper Mississippi Fleeting, LLC Upper River Services Gerry Vick Lee Nelson & Molly Isnardi Rep. Marion Berry (D-AR) Rep. John Shimkus (R-IL) Rep. Berry & Anders Reynolds Rep. Shimkus & Grant Culp NPDES, TWIC, Lockage Tax 04/01/09 Lockage Tax 04/01/09 Senator Jim DeMint (R-SC) Hap Rigby NPDES 04/01/09 Rep. Steve LaTourette (R-OH) Rep. LaTourette & Kate Ostrander NPDES 04/01/09 Rep. Jerry Costello (D-IL) Rep. Costello & Mary Shalapin TWIC, Lockage Tax 05/04/09 Senator Claire McCaskill (D-MO) Bob Burns TWIC, NPDES, Lockage Tax, Missouri River 05/04/09 Rep. Russ Carnahan (D-MO) Anna TWIC, NPDES, Lockage Tax 05/04/09 Jinkerson Charly Moore NPDES 02/27/09 Senator Amy Klobuchar (D-MN) Tristan Brown NPDES & Lockage Tax 04/01/09 Rep. Zach Wamp (R-TN) Erin Fogleman NPDES 04/01/09 Page 5 of 8 As of August 3, 2009 * Denotes AWO Affiliate Member 49 of 125

50 Member Participation Targets: Midwest Region Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36) Upper River Services (con t.) Rep. Bret Guthrie (R-KY) Rep. Marion Berry (D-AR) Rep. Jerry Costello (D-IL) Rep. John Shimkus (R-IL) Rep. Aaron Schock (R-IL) Rep. Guthrie & Megan Spindel Rep. Berry & Anders Reynolds Sarah Blackwood Rep. Shimkus & Grant Culp Rep. Schock & Aaron Smith NPDES, Lockage Tax 04/01/09 NPDES, TWIC, Lockage Tax 04/01/09 NPDES, Lockage Tax 04/01/09 Lockage Tax 04/01/09 NPDES, Lockage Tax 04/01/09 Wepfer Marine, Inc. George Leavell Senator Jim DeMint (R-SC) Hap Rigby NPDES 04/01/09 Rep. Steve LaTourette (R-OH) Rep. Sam Graves (R-MO) Rep. LaTourette & Kate Ostrander Mike Matousek & Brooke Shupe NPDES 04/01/09 TWIC, NPDES, Lockage Tax 04/01/09 Rep. Russ Carnahan (D-MO) Katy Dawson NPDES, Lockage Tax, Climate 04/01/09 Change Senator Amy Klobuchar Charly Moore NPDES 02/27/09 (D-MN) Tristan Brown NPDES & Lockage Tax 04/01/09 Rep. Steve Cohen (D-TN) Rep. Cohen & Terence Houston NPDES, TWIC, Lockage Tax 04/01/09 Rep. Berry & Rep. Marion Berry (D-AR) Anders NPDES, TWIC, Lockage Tax 04/01/09 Reynolds Page 6 of 8 As of August 3, 2009 * Denotes AWO Affiliate Member 50 of 125

51 Member Participation Targets: Midwest Region Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36) Wepfer Marine, Inc. (cont d) Eagle Marine Industries, Inc.* Fincantieri Marine Group* Hile Group* Marsh Inc.* McGriff, Seibels & Williams of Missouri, Inc.* Midwest Tankermen, Inc.* MTU Detroit Diesel* Norman Brothers, Inc*. Parsonage Marine Investments, LLC* Rushing Marine Service, L.L.C.* Mike Rushing Rep. John Shimkus (R-IL) Rep. Shimkus Lockage Tax 04/01/09 & Grant Culp Senator Jim DeMint (R-SC) Hap Rigby NPDES 04/01/09 Rep. Steve LaTourette Rep. LaTourette & NPDES 04/01/09 (R-OH) Kate Ostrander Rep. Marsha Blackburn Scott Golden TWIC, NPDES, Lockage Tax 04/21/09 (R-TN) Senator Bob Corker (R-TN) Nick Kistenmacker TWIC, NPDES, Lockage Tax 04/21/09 Senator Lamar Alexander Lora Robe TWIC, NPDES, Lockage Tax 04/21/09 (R-TN) Rep. Bret Guthrie (R-KY) Rep. Guthrie & Megan Spindel NPDES, Lockage Tax 04/01/09 Rep. Zach Wamp (R-TN) Erin Fogleman NPDES 04/01/09 Page 7 of 8 As of August 3, 2009 * Denotes AWO Affiliate Member 51 of 125

52 Member Participation Targets: Midwest Region Goal: 50% (18 of 36 Carrier Companies) Achieved: 31% (11 of 36) Rushing Marine Service, L.L.C.* (cont d) Thompson Coburn LLP* Rep. Jerry Costello (D-IL) Sarah NPDES, Lockage Tax 04/01/09 Blackwood Rep. Russ Carnahan (D-MO) Katy Dawson NPDES, Lockage Tax, Climate 04/01/09 Change Rep. Sam Graves (R-MO) Mike Matousek & Brooke Shupe TWIC, NPDES, Lockage Tax 04/01/09 Rep. Aaron Schock (R-IL) Rep. Schock & NPDES, Lockage Tax 04/01/09 Aaron Smith Page 8 of 8 As of August 3, 2009 * Denotes AWO Affiliate Member 52 of 125

53 Grassroots Targets : Ohio Valley Region Office/ (s) Senator Jim Bunning (R-KY) Budget Senator Mitch McConnell (R-KY) Senate Minority Leader Office Participant(s) Kunal Pahwa Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16) AWO Staff and/or Members Topic(s) Date Ted Waxler, SCF Waxler Marine LLC Norb Whitlock, American Commercial Lines (ACL) David Parker, ACL Michael Ryan, ACL Peter Stephaich, Campbell Transportation Company, Inc. David Fennelley, Turn Services * Lynn Muench, AWO NPDES, Lockage Tax 4/1/09 Page 1 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 53 of 125

54 Grassroots Targets : Ohio Valley Region Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16) Senator George Voinovich (R-OH) Ranking Member, Transportation & Infrastructure Subcommittee, Environment & Public Works and Homeland Security & Governmental Affairs Page 2 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 54 of 125

55 Grassroots Targets : Ohio Valley Region Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16) Senator Arlen Specter (D-PA) Environment & Public Works Matthew Kelly Spencer Murphy, Canal Barge Company, Inc. * David Hanby, Jr., McDonough Marine Service * Jeffrey L. Nightingale, Mississippi Marine Corporation *** Lance Rase, Consolidated Grain & Barge, Inc. *** Lockage Tax, Infrastructure 4/1/09 Stan Caldwell & Adam Pope Cherrie Felder, Channel Shipyard Company, Inc. *** John Moran, Jones Walker *** Mike Somales, CONSOL Energy Sales Company TWIC, NPDES, Lockage Tax 6/24/09 Senator Lamar Alexander (R-TN) Environment & Public Works Senator Robert Byrd (D-WV) Appropriations Lora Robe Lynn Muench, AWO Ted Waxler, SCF Waxler Marine LLC George Leavell, Wepfer Marine, Inc. * Lynn Muench, AWO TWIC, NPDES, Lockage Tax 4/21/09 Page 3 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 55 of 125

56 Grassroots Targets : Ohio Valley Region Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16) Senator Jay Rockefeller (D-WV) Chair, Commerce, Science & Transportation Rep. Peter Visclosky (D-IN) Appropriations Rep. Geoff Davis (R-KY) Ways & Means Dan Adelstein Bill Barr, Madison Coal & Supply Co. Steve Crowley, Marquette Transportation Co., Inc. Thomas Erickson, Marquette Transportation Co., Inc. David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO TWIC, NPDES, Lockage Tax 4/1/09 Page 4 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 56 of 125

57 Grassroots Targets : Ohio Valley Region Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16) Rep. Bret Guthrie (R-KY) Transportation & Infrastructure Rep. Guthrie & Megan Spindel Royce Wilken, American River Transportation Co. (ARTCO) * Dave Heyl, JB Marine Service, Inc. * Richard Kreider, Cargill Marine and Terminal, Inc. * Molly Isnardi, Upper River Services, LLC * Del Wilkins, Canal Barge Company, Inc. * Mike Rushing, Rushing Marine Service, LLC *** NPDES, Lockage Tax 4/1/09 Jennifer Carpenter, AWO Rep. John Yarmuth (D-KY) Budget Rep. Mary Jo Kilroy (D-OH) Homeland Security Lillian Pace Bill Barr, Madison Coal & Supply Co. Steve Crowley, Marquette Transportation Co., Inc. Thomas Erickson, Marquette Transportation Co., Inc. David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO TWIC, NPDES, Lockage Tax 4/1/09 Page 5 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 57 of 125

58 Grassroots Targets : Ohio Valley Region Rep. Jason Altmire (D-PA) Transportation & Infrastructure Rep. Jim Gerlach (R-PA) Transportation & Infrastructure Rep. Steve Cohen (D-TN) Transportation & Infrastructure Rep. Altmire & Nathan Robinson William Tighe Rep. Cohen & Terence Houston Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16) Ted Waxler, SCF Waxler Marine LLC Norb Whitlock, ACL David Parker, ACL Michael Ryan, ACL Peter Stephaich, Campbell Transportation Company, Inc. David Fennelley, Turn Services * Lynn Muench, AWO Ted Waxler, SCF Waxler Marine LLC Norb Whitlock, ACL David Parker, ACL Michael Ryan, ACL Peter Stephaich, Campbell Transportation Company, Inc. David Fennelley, Turn Services * Lynn Muench, AWO TWIC, NPDES, Lockage Tax 4/1/09 NPDES 4/1/09 George Leavell, Wepfer Marine, Inc. * NPDES, Lockage Tax 4/1/09 Page 6 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 58 of 125

59 Grassroots Targets : Ohio Valley Region Platinum/Gold Goal: 100% (16 out of 16) Achieved: 56% (9 out of 16) Rep. Shelley Moore Capito (R-WV) Transportation & Infrastructure Office/ (s) Rep. Mike Pence (R-IN) Chair, House Republican Conference Office Participant(s) Grassroots Targets : Ohio Valley Region Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21) AWO Staff and/or Members Topic(s) Date Page 7 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 59 of 125

60 Grassroots Targets : Ohio Valley Region Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21) Rep. Mark Souder (R-IN) Ranking Member, Border Maritime and Global Counterterrorism Subcommittee, Homeland Security Rep. Harold Rogers (R-KY) Appropriations Rep. Steve Austria (R-OH) Homeland Security Megan O Donnell Bill Barr, Madison Coal & Supply Co. Steve Crowley, Marquette Transportation Co., Inc. Thomas Erickson, Marquette Transportation Co., Inc. David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO TWIC, NPDES, Lockage Tax 4/1/09 Page 8 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 60 of 125

61 Grassroots Targets : Ohio Valley Region Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21) Rep. John Boccieri (D-OH) Transportation & Infrastructure Rep. John Boehner (R-OH) Minority Leader Rep. Steve LaTourette (R-OH) Appropriations Rep. Bob Latta (R-OH) Transportation & Infrastructure Rep. Tim Ryan (D-OH) Appropriations Rep. LaTourette & Kate Ostrander George Leavell, Wepfer Marine, Inc. * Michael Luhr, Luhr Brothers, Inc. * Steven Glenn, Luhr Brothers, Inc. * Mark Carr, AEP River Operations * Lee Nelson, Upper River Services, LLC * Chris Coakley, AWO NPDES, Lockage Tax 4/1/09 Page 9 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 61 of 125

62 Grassroots Targets : Ohio Valley Region Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21) Rep. Jean Schmidt (R-OH) Transportation & Infrastructure Rep. Zachary Space (D-OH) Rep. Chris Carney (D-PA) Transportation & Infrastructure and Homeland Security Justin Louchheim Aaron Davis Bill Barr, Madison Coal & Supply Co. Steve Crowley, Marquette Transportation Co., Inc. Thomas Erickson, Marquette Transportation Co., Inc. David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO Bill Barr, Madison Coal & Supply Co. Steve Crowley, Marquette Transportation Co., Inc. Thomas Erickson, Marquette Transportation Co., Inc. David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO TWIC, NPDES, Lockage Tax TWIC, NPDES, Lockage Tax 4/1/09 4/1/09 Page 10 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 62 of 125

63 Grassroots Targets : Ohio Valley Region Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21) Rep. Charlie Dent (R-PA) Ranking Member, Transportation Security & Infrastructure Protection, Homeland Security and Transportation & Infrastructure Rep. Tim Holden (D-PA) Transportation & Infrastructure Rep. Todd Platts (R-PA) Transportation & Infrastructure Keith Pemrick Ted Waxler, SCF Waxler Marine LLC Norb Whitlock, ACL David Parker, ACL Michael Ryan, ACL Peter Stephaich, Campbell Transportation Company David Fennelley, Turn Services * Lynn Muench, AWO NPDES 4/1/09 Page 11 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 63 of 125

64 Grassroots Targets : Ohio Valley Region Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21) Rep. Bill Shuster (R-PA) Transportation & Infrastructure Rep. Marsha Blackburn (R-TN) Rep. Lincoln Davis (D-TN) Appropriations Rep. Jimmy Duncan (R-TN) Transportation & Infrastructure Scott Golden Ted Waxler, SCF Waxler Marine LLC George Leavell, Wepfer Marine, Inc. * Lynn Muench, AWO TWIC, NPDES, Lockage Tax 4/21/09 Page 12 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 64 of 125

65 Grassroots Targets : Ohio Valley Region Silver Goal: 25% (5 out of 21) Achieved: 33% (7 out of 21) Rep. Zach Wamp (R-TN) Appropriations Rep. Nick Rahall (D-WV) Transportation & Infrastructure Erin Fogleman Royce Wilken, ARTCO * Dave Heyl, JB Marine Service, Inc. * Richard Kreider, Cargill Marine and Terminal, Inc. * Molly Isnardi, Upper River Services, LLC * Del Wilkins, Canal Barge Company, Inc. * Mike Rushing, Rushing Marine Service, LLC *** Jennifer Carpenter, AWO NPDES 4/1/09 Page 13 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 65 of 125

66 Grassroots Targets : Ohio Valley Region Office/ (s) Senator Robert Casey (D-PA) Agriculture, Nutrition & Forestry Senator Bob Corker (R-TN) Office Participant(s) Edward Williams Jackie Erickson Nick Kistenmacker Other Members Copper Goal: 25% (4 out of 15) Copper Achieved: 27% (4 out of 15) Tin Goal: 5% (5 out of 19) Tin Achieved: 5% (1 out of 19) AWO Staff and/or Members Topic(s) Date Ted Waxler, SCF Waxler Marine LLC Norb Whitlock, ACL David Parker, ACL Michael Ryan, ACL Peter Stephaich, Campbell Transportation Company, Inc. David Fennelley, Turn Services * Lynn Muench, AWO Mike Somales, CONSOL Energy Sales Company Lynn Muench, AWO Ted Waxler, SCF Waxler Marine LLC George Leavell, Wepfer Marine, Inc. * Lynn Muench, AWO TWIC, NPDES, Lockage Tax 4/1/09 TWIC, NPDES, Lockage Tax 6/24/09 TWIC, NPDES, Lockage Tax 4/21/09 Page 14 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 66 of 125

67 Grassroots Targets : Ohio Valley Region Other Members Copper Goal: 25% (4 out of 15) Copper Achieved: 27% (4 out of 15) Tin Goal: 5% (5 out of 19) Tin Achieved: 5% (1 out of 19) Rep. Ed Whitfield (R-KY) Rep. Patrick Tiberi (R-OH) Ways & Means Cory Hicks Brad Bailey Bill Barr, Madison Coal & Supply Co. Steve Crowley, Marquette Transportation Co., Inc. Thomas Erickson, Marquette Transportation Co., Inc. David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO Bill Barr, Madison Coal & Supply Co. Steve Crowley, Marquette Transportation Co., Inc. Thomas Erickson, Marquette Transportation Co., Inc. David Hammond, Jr., Inland Marine Service Bob Murgatroyd, ACL Susan Miller, AWO TWIC, NPDES, Lockage Tax 4/1/09 TWIC, NPDES, Lockage Tax 4/1/09 Page 15 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 67 of 125

68 Grassroots Targets : Ohio Valley Region Other Members Copper Goal: 25% (4 out of 15) Copper Achieved: 27% (4 out of 15) Tin Goal: 5% (5 out of 19) Tin Achieved: 5% (1 out of 19) Rep. Mike Doyle (D-PA) Corey O Connor Mike Somales, CONSOL Energy Sales Company Lynn Muench, AWO TWIC, NPDES, Lockage Tax 6/24/09 Page 16 of 16 As of August 3, 2009 * Denotes AWO Member outside of Ohio Valley Region ** Denotes AWO Affiliate Member *** Denotes AWO Affiliate Member from outside of Ohio Valley Region 68 of 125

69 Member Participation Targets: Ohio Valley Region Goal: 50% (14 of 27 Carrier Companies) Achieved: 26% (7 of 27) Company AWO Member Office Office Topic(s) Date Participant(s) Senator Jim Bunning (R-KY) Kunal Pahwa NPDES, Lockage Tax 04/01/09 Senator Blanche Lincoln Brandon TWIC, NPDES, Lockage Tax 04/01/09 (D-AR) McBride Senator Mark Pryor (D-AR) Andrew TWIC, NPDES, Lockage Tax 04/01/09 Grobmeyer Rep. Jason Altmire (D-PA) Nathan TWIC, NPDES, Lockage Tax 04/01/09 Robinson Norbb Whitlock, Rep. Jim Gerlach (R-PA) William Tighe NPDES 04/01/09 American Commercial David Parker, Rep. Tim Holden (D-PA) Keith Pemrick NPDES 04/01/09 Lines Michael Ryan & Bob Murgatroyd Senator Robert Casey (D-PA) Edward TWIC, NPDES, Lockage Tax 04/01/09 Williams Rep. Geoff Davis (R-KY) Dan Adelstein TWIC, NPDES, Lockage Tax 04/01/09 Rep. John Yarmuth (D-KY) Lillian Pace TWIC, NPDES, Lockage Tax 04/01/09 Bray Marine, Inc. Brennan Marine, Inc. Campbell Transportation Company, Inc. Peter Stephaich Rep. Patrick Tiberi (R-OH) Brad Bailey TWIC, NPDES, Lockage Tax 04/01/09 Rep. Harold Rogers (R-KY) Megan TWIC, NPDES, Lockage Tax 04/01/09 O Donnell Rep. Jean Schmidt (R-OH) Justin TWIC, NPDES, Lockage Tax 04/01/09 Louchheim Rep. Chris Carney (D-PA) Aaron Davis TWIC, NPDES, Lockage Tax 04/01/09 Rep. Ed Whitfield (R-KY) Cory Hicks TWIC, NPDES, Lockage Tax 04/01/09 Senator Amy Klobuchar Charly Moore NPDES 02/27/09 (D-MN) Senator Jim Bunning (R-KY) Kunal Pahwa NPDES, Lockage Tax 04/01/09 Page 1 of 5 As of August 3, 2009 * Denotes AWO Affiliate Member 69 of 125

70 Member Participation Targets: Ohio Valley Region Goal: 50% (14 of 27 Carrier Companies) Achieved: 26% (7 of 27) Campbell Transportation Company, Inc. (cont d)lllllll LLLLLLLLLLLLLLL L CONSOL Energy Sales Company>> >>> Crounse Corporation DTC Marine Services, Inc. Evansville Marine Service, Inc. Falls City Marine Service, LLC Mike Somales & Mike Hennessey Senator Blanche Lincoln Brandon TWIC, NPDES, Lockage Tax 04/01/09 (D-AR) McBride Senator Mark Pryor (D-AR) Andrew TWIC, NPDES, Lockage Tax 04/01/09 Grobmeyer Rep. Altmire (D-PA) Nathan TWIC, NPDES, Lockage Tax 04/01/09 Robinson Rep. Jim Gerlach (R-PA) William Tighe NPDES 04/01/09 Rep. Tim Holden (D-PA) Keith Pemrick NPDES 04/01/09 Senator Robert Casey (D-PA) Jackie Erickson TWIC, NPDES, Lockage Tax 06/24/09 Senator Dick Durbin (D-IL) Senator Durbin & Sarah NPDES 02/26/09 Neimeyer Rep. Danny Davis (D-IL) Rep. Davis NPDES 02/26/09 Senator Robert Casey (D-PA) Jackie TWIC, NPDES, Lockage Tax 06/24/09 Erickson Senator Arlen Specter (D-PA) Stan Caldwell & Adam Pope TWIC, NPDES, Lockage Tax 06/24/09 Rep. Mike Doyle (D-PA) Corey TWIC, NPDES, Lockage Tax 06/24/09 O Connor Page 2 of 5 As of August 3, 2009 * Denotes AWO Affiliate Member 70 of 125

71 Member Participation Targets: Ohio Valley Region Goal: 50% (14 of 27 Carrier Companies) Achieved: 26% (7 of 27) Gate City River Transportation, LLC Hunter Marine Imperial Towing Inc. Ingram Barge Company Inland Marine Service James Marine, Inc. John's Towing Service, Inc. Madison Coal & Supply Company Marathon Oil Company David Hammond, Jr. Bill Barr Rep. Geoff Davis (R-KY) Dan Adelstein TWIC, NPDES, Lockage Tax 04/01/09 Rep. John Yarmuth (D-KY) Lillian Pace TWIC, NPDES, Lockage Tax 04/01/09 Rep. Patrick Tiberi (R-OH) Brad Bailey TWIC, NPDES, Lockage Tax 04/01/09 Rep. Harold Rogers (R-KY) Megan TWIC, NPDES, Lockage Tax 04/01/09 O Donnell Rep. Jean Schmidt (R-OH) Justin TWIC, NPDES, Lockage Tax 04/01/09 Louchheim Rep. Chris Carney (D-PA) Aaron Davis TWIC, NPDES, Lockage Tax 04/01/09 Rep. Ed Whitfield (R-KY) Cory Hicks TWIC, NPDES, Lockage Tax 04/01/09 Rep. Geoff Davis (R-KY) Dan Adelstein TWIC, NPDES, Lockage Tax 04/01/09 Rep. John Yarmuth (D-KY) Lillian Pace TWIC, NPDES, Lockage Tax 04/01/09 Rep. Patrick Tiberi (R-OH) Brad Bailey TWIC, NPDES, Lockage Tax 04/01/09 Rep. Harold Rogers (R-KY) Megan TWIC, NPDES, Lockage Tax 04/01/09 O Donnell Rep. Jean Schmidt (R-OH) Justin TWIC, NPDES, Lockage Tax 04/01/09 Louchheim Rep. Chris Carney (D-PA) Aaron Davis TWIC, NPDES, Lockage Tax 04/01/09 Rep. Ed Whitfield (R-KY) Cory Hicks TWIC, NPDES, Lockage Tax 04/01/09 Page 3 of 5 As of August 3, 2009 * Denotes AWO Affiliate Member 71 of 125

72 Member Participation Targets: Ohio Valley Region Goal: 50% (14 of 27 Carrier Companies) Achieved: 26% (7 of 27) Rep. Geoff Davis (R-KY) Dan Adelstein TWIC, NPDES, Lockage Tax 04/01/09 Marquette Transportation Co., Inc. McNational, Inc. Mt. Vernon Marine Barge Service Ohio Valley Marine Service, Inc. SCF Waxler Marine LLC>>>\ Steve Crowley & Thomas Erickson Ted Waxler Rep. John Yarmuth (D-KY) Lillian Pace TWIC, NPDES, Lockage Tax 04/01/09 Rep. Patrick Tiberi (R-OH) Brad Bailey TWIC, NPDES, Lockage Tax 04/01/09 Rep. Harold Rogers (R-KY) Megan TWIC, NPDES, Lockage Tax 04/01/09 O Donnell Rep. Jean Schmidt (R-OH) Justin TWIC, NPDES, Lockage Tax 04/01/09 Louchheim Rep. Chris Carney (D-PA) Aaron Davis TWIC, NPDES, Lockage Tax 04/01/09 Rep. Ed Whitfield (R-KY) Cory Hicks TWIC, NPDES, Lockage Tax 04/01/09 Senator Jim Bunning (R-KY) Kunal Pahwa NPDES, Lockage Tax 04/01/09 Senator Blanche Lincoln Brandon TWIC, NPDES, Lockage Tax 04/01/09 (D-AR) McBride Senator Mark Pryor (D-AR) Andrew TWIC, NPDES, Lockage Tax 04/01/09 Grobmeyer Rep. Altmire (D-PA) Nathan TWIC, NPDES, Lockage Tax 04/01/09 Robinson Rep. Jim Gerlach (R-PA) William Tighe NPDES 04/01/09 Rep. Tim Holden (D-PA) Keith Pemrick NPDES 04/01/09 Senator Robert Casey (D-PA) Edward Williams TWIC, NPDES, Lockage Tax 04/01/09 Senator Lamar Alexander Lora Robe NPDES, TWIC, Lockage Tax 04/21/09 (R-TN) Page 4 of 5 As of August 3, 2009 * Denotes AWO Affiliate Member 72 of 125

73 Member Participation Targets: Ohio Valley Region Goal: 50% (14 of 27 Carrier Companies) Achieved: 26% (7 of 27) SCF Waxler Marine LLC (cont d)>> >>>>>>>>>>>>>>>>> Superior Marine Ways, Inc. U.S. United Barge Line Western Kentucky Navigation, Inc. Western Rivers Boat Management Inc. Hines Furlong Line, Inc.* Jeffboat LLC* Jeppesen Marine* Marine Solutions, Inc. Salyers Solutions, LLC* W. W. Patterson Company * Rep. Marsha Blackburn (R-TN) Senator Bob Corker (R-TN) Scott Golden TWIC, NPDES, Lockage Tax 04/21/09 Nick Kistenmacker TWIC, NPDES, Lockage Tax 04/21/09 Page 5 of 5 As of August 3, 2009 * Denotes AWO Affiliate Member 73 of 125

74 Senate s and Subcommittees House s and Subcommittees Coast Guard Authorization Commerce, Science & Transportation Chair: Rockefeller, RM 1 : Hutchison Oceans, Atmosphere, Fisheries & Coast Guard Chair: Cantwell, RM: Snowe Surface Transportation and Merchant Marine Infrastructure, Safety & Security Chair: Lautenberg, RM: Thune Transportation & Infrastructure Chair: Oberstar, RM: Mica Coast Guard & Maritime Transportation Chair: Cummings, RM: LoBiondo Homeland Security Chair: Thompson, RM: King Border, Maritime & Global Counterterrorism Chair: Sanchez, RM: Souder Army Corps of Engineers Authorization and Clean Water Act Environment & Public Works Chair: Boxer, RM: Inhofe Transportation & Infrastructure Chair: Baucus, RM: Isakson Transportation & Infrastructure Chair: Oberstar, RM: Mica Water Resources & Environment Chair: Johnson, RM: Boozman Transportation Safety, Infrastructure Security & Water Quality Chair: Lautenberg, RM: Vitter Homeland Security Homeland Security & Governmental Affairs Chair: Lieberman, RM: Collins Homeland Security Chair: Thompson, RM: King Coast Guard Appropriations Appropriations Chair: Inouye, RM: Cochran Homeland Security Chair: Byrd, RM: Cochran Appropriations Chair: Obey, RM: Lewis Homeland Security Chair: Price, RM: Rogers Army Corps of Engineers Appropriations Appropriations Chair: Inouye, RM: Cochran Energy & Water Development Chair: Dorgan, RM: Bennett Appropriations Chair: Obey, RM: Lewis Energy & Water Development Chair: Visclosky, RM: Frelinghuyser Taxes Finance Chair: Baucus, RM: Grassley Ways & Means Chair: Rangel, RM: Camp 1 Ranking Member 74 of 125

75 Legislative Activity Senate (s) / Subcommittee(s) of Jurisdiction Senate Commerce, Science and Transportation Oceans, Atmosphere, Fisheries and Coast Guard (Subcommittee) Surface Transportation and Merchant Marine Infrastructure, Safety and Security (Subcommittee) Coast Guard Authorization & Additional Maritime Legislation House (s) / Subcommittee(s) of Jurisdiction House Transportation and Infrastructure Coast Guard and Maritime Transportation (Subcommittee) Water Resources and Environment (Subcommittee) House Homeland Security Border, Maritime and Global Counterterrorism (Subcommittee) Current Legislation (111 th Congress) S.588 Cruise Vessel Security and Safety Act of 2009 H.R.1485 Cruise Vessel Security and Safety Act of 2009 S.1036 Federal Surface Transportation Policy and Planning Act of 2009 S.1124 A bill to amend Title 46, U.S. Code, to modify the vessels eligible for a fishery endorsement, and for other purposes. H.R.2652 To amend Title 46, U.S. Code, to improve vessel safety, and for other purposes. S.1194 Coast Guard Authorization Act for Fiscal Years 2010 and 2011 S.1308 Maritime Administration Authorization Act of 2010 S.1385 Maritime Hazardous Cargo Security Act H.R.2200 TSA Authorization Act H.R.2651 Maritime Workforce Development Act Previous Legislation (110 th Congress) S.1578 Ballast Water Management Act of 2007 S.1620 Oil Pollution Prevention and Response Act of 2007 S.1778 Maritime Administration Authorization S.1892 Coast Guard Authorization Act for fiscal year 2008 S.2766 Clean Boating Act of 2008 H.R.5949 Clean Boating Act of 2008 Water Resources Development Act H.R.2830 Coast Guard Appropriations for fiscal year of 125

76 2 Senate (s) / Subcommittee(s) of Jurisdiction Senate Environment and Public Works Transportation and Infrastructure (Subcommittee) Army Corps of Engineers Authorization and Clean Water Act House (s) / Subcommittee(s) of Jurisdiction House Transportation and Infrastructure Water Resources and Environment (Subcommittee) Current Legislation (111 th Congress) S.787 Clean Water Restoration Act Previous Legislation (110 th Congress) Senate (s) / Subcommittee(s) of Jurisdiction Senate Finance House (s) / Subcommittee(s) of Jurisdiction House Ways and Means Federal Tax Legislation Current Legislation (111th Congress) S.551 A bill to amend the Internal Revenue Code of 1986 to exempt certain shipping from the harbor maintenance tax. H.R.3049 To amend the Internal Revenue Code of 1986 to modify the application of the tonnage tax on vessels operating in the dual United States domestic and foreign trades, and for other purposes. Previous Legislation (110th Congress) Senate (s) / Subcommittee(s) of Jurisdiction Senate Appropriations Homeland Security (Subcommittee) Energy and Water Development (Subcommittee) Senate Budget Army Corps of Engineers and Coast Guard Appropriations House (s) / Subcommittee(s) of Jurisdiction House Appropriations Homeland Security (Subcommittee) Energy and Water Development (Subcommittee) House Budget Current Legislation (111th Congress) H.R.1 American Recovery and Reinvestment Act of 2009 S.Con.Res.13 Concurrent Resolution on the Budget FY 2010 H.Con.Res.85 Concurrent Resolution on the Budget FY 2010 Previous Legislation (110th Congress) Homeland Security Appropriations 76 of 125

77 Senate (s) / Subcommittee(s) of Jurisdiction Senate Commerce, Science and Transportation House (s) / Subcommittee(s) of Jurisdiction House Energy and Commerce 3 Hydroelectric Projects Current Legislation (111th Congress) H.R.2938 To extend the deadline for commencement of construction of a hydroelectric project. Previous Legislation (110th Congress) Senate (s) / Subcommittee(s) of Jurisdiction Senate Commerce, Science and Transportation House (s) / Subcommittee(s) of Jurisdiction House Science and Technology Energy and Environment (Subcommittee) Oil Pollution Act of 1990 Current Legislation (111 th Congress) H.R.2693 Federal Oil Spill Research Program Act S.684 Oil Pollution Prevention and Response Act of 2009 S.685 Oil Spill Prevention Act of 2009 Previous Legislation (110 th Congress) 77 of 125

78 2009 CONGRESSIONAL CALENDAR February March April Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa Easter Recess President s Day Recess Easter Recess May June July Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa Independence Day Recess Memorial Day Recess Independence Day Recess 24/ S R M S i ldr R August September October Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa Summer Recess Summer Recess Summer Recess Summer Recess Summer Recess House Adjourns Note: Senate adjournment TBA 78 of 125

79 Administration Outreach 79 of 125

80 Agency Title Name Notes National/DC AWO Administration/Agency Outreach 2009 White House Senior Advisor to the President Peter M. Rouse Multiple TAA conversations re. budget/lockage fee. CEQ Chair Nancy Sutley TAA/JAC meeting with Mike Boots, Associate Director for Air and Water Ecosystems, on 7/15. JAC participated in Interagency Ocean Policy Task Force roundtable on 7/27. Corps Commanding General LTG Robert L. Van Antwerp Corps Assistant Secretary of the Army for Civil Works Jo-Ellen Darcy (nominated) Coordinate outreach with WCI when Darcy is confirmed. DHS Secretary Janet Napolitano Letter requesting meeting sent 2/23. DHS recommends postponing meeting until new TSA Administrator is appointed DHS Assistant Secretary for the Private Sector Office Al Martinez-Fonts (leaving end of March). Successor TBD. Deputy is Tracy Hannah (Obama appointee/napolitano associate from AZ). JAC meeting 3/4 with Martinez-Fonts, Tracy Hannah and John Leyden (Office of Policy) to discuss inspection NPRM, TWIC card reader ANPRM. DHS Assistant Secretary (acting), Office of Policy Richard Barth John Leyden participated in 3/4 meeting with JAC to discuss inspection NPRM DOT Secretary Ray LaHood Meeting with TAA/JAC 3/25. EPA Administrator Lisa P. Jackson TAA/JAC meeting originally set for 7/30, to be rescheduled at Jackson's request for August date TBD. EPA Assistant Administrator for Water Peter Silva (nominated) Michael H. Shapiro (acting) MARAD Administrator David Matsuda named Deputy Administrator and Acting Administrator 7/28. Will attend August meeting with Administrator Jackson if confirmed by that date. 5/1 letter to DOT Secretary LaHood endorsing Denise Krepp. NTSB Chairman Deborah Hersman Field trip with Canal Barge/Marathon/JAC 3/ Will invite her to attend or send representative to 8/4 briefing on Northwestern University CEMS research (see entry for Jack Spencer below). NTSB Member Mark Rosenker (will step down after an additional Board Member is confirmed) JAC/BLC met with him 11/08. NTSB Board member Robert Sumwalt NTSB Director of Marine Safety Jack Spencer Maintain regular contact. JAC/BLC last meeting was 11/08. Worked closely with deputy Jim Scheffer to plan Hersman field trip. Next meeting set for 8/4 to brief Spencer and marine staff on Northwestern University CEMS research. 80 of 125

81 OMB Associate Director for Natural Resources, Energy and Science Sally Ericsson TAA/JAC meeting with Ericsson and Gene Ebner, Water and Power Branch Chief, re. lockage tax 5/12. Summer follow-up meeting planned re. Capital Projects Business Model process. OMB/OIRA Policy analyst for CG programs TBD JAC will meet with him/her when inspection NPRM arrives at OMB. TSA Assistant Secretary/Administrator Gale Rossides [acting]; Obama appointee TBD High priority when appointed TSA Director, Maritime and Surface Maurine Fanguy Credentialing, Office of Transportation Threat Assessment and Credentialing JAC/BWV maintain regular contact TSA General Manager, Operations, Office of Transportation Threat Assessment and Credentialing Stephen Sadler Maintain regular contact USCG Commandant ADM Thad Allen Meeting with TAA and Tim Casey 8/4. USCG Vice Commandant VADM David Pekoske (will relieve VADM Vivien Crea on 8/7) TAA to attend Change of Watch ceremony 8/7. USCG Chief of Congressional Affairs CAPT Karl Shultz AWO guest at 4/28 Propeller Club Salute to Congress. JAC/CAC meeting 4/30. USCG Assistant Commandant for Marine Safety, Security, and Stewardship RADM Brian Salerno Maintain regular contact. TAA/JAC lunch 7/15. Safety Partnership National QSC meeting 8/5. USCG Director of Commercial Regulations & Standards Jeff Lantz Maintain regular contact. JAC last meeting was 2/10/09. USCG Assistant Commandant for Government and Public Affairs RDML C. E. Michel Set up meeting with TAA/JAC/CAC late summer/early fall. USCG Director of Prevention Policy RDML Kevin Cook TAA meeting 6/19. TAA/JAC lunch 7/15. Safety Partnership National QSC meeting 8/5. USCG Chief, Office of Vessel Activities CAPT Eric Christensen Maintain regular contact. JAC last meeting was 6/25. USCG Chief, Office of Operating and Environmental Standards CAPT Russ Proctor JAC introductory meeting set for 8/10. USCG Administrator, Bridge Program Hala Elgaaly Midwest & Ohio Valley Regions Corps Mississippi Valley Division (MVD) Commander BG Mike Walsh Not engaged with navigation industry Corps MVD Deputy Director, Regional Business Jim Hannon (Previous MSV Chief, Operations) Ongoing conversations Corps St. Louis District Commander COL Thomas E. O'Hara, Jr. New 08 Corps St. Paul District Commander COL Jon L. Christensen Corps Rock Island District Commander COL Shawn McGinley New July 09 Corps Great Lakes and Ohio River Division (LRD) Commander MG John Peabody Engaged with RIETF 81 of 125

82 Corps LRD Chief, Operations Bill Chapman Ongoing conversations Corps Chicago District Commander COL Vincent Quarles Ongoing dialogue on the fish barrier Corps Northwestern Division Director of Programs Witt Anderson Interface at MRRIC Corps Kansas City District Commander COL Roger A. Wilson, Jr. Ongoing dialogue on the MO River Corps Omaha District Commander COL David Press DOT MARAD - Midcontinent Director Bob Goodwin EPA Region Five Administrator (IL, IN, MI, MN, OH, WI) Bharat Mathur [Acting] EPA Region Seven Administrator (IA, KA, MO, NE) William W. Rice [Acting] EPA Region Eight Administrator (CO, MT, ND, SD, UT, WY) Carol Rushin [Acting] IECR Senior Program Manager, U.S. Institute for Environmental Conflict Resolution Sarah Palmer Interface at MRRIC USCG Eighth District Commander RADM Mary Landry New June 09 - RQSC/RIETF Meeting June 09 & Leader member meeting July 09 USCG Eighth District Chief, Western Rivers CAPT Tom Hooper RQSC, RIETF, Ongoing dialogues USCG Eighth District Chief, Prevention CAPT Verne Gifford RQSC, Ongoing dialogues USCG Eighth District Bridge Administrator Roger Wiebusch USCG Sector Ohio Valley Commander CAPT Hung M. Nguyen Ongoing discussions USCG MSU Huntington Commander CDR Chris Palmer New July 09 USCG MSU Paducah Commander CDR Claudia Gelzer New August 09 USCG MSU Pittsburgh Commander CDR Richard V. Timme New June 09 USCG Sector Lower MS Commander CAPT Michael S. Gardiner Ongoing contact USCG Sector Upper MS Commander CAPT Steven Hudson Ongoing contacts USCG Ninth District Commander RDML Peter V. Neffenger RIETF Chair USCG Ninth District Chief, Prevention CAPT Lorne Thomas RIETF, Ongoing dialogues USCG Sector Lake Michigan Commander CAPT Luann Barndt New July 09 - Lunch will be held in Aug-Sept USCG MSU Chicago Commander CDR Robert Eugene Bailey New July 09 USCG Supervisor, Towing Center of Expertise Paducah CDR Greg Case Attended RIETF Meeting in March 09 - COE opened in July 09 USFWS Geographical Supervisor, U.S. Fish & Wildlife Service, Denver Federal Center Henry Maddux Interface at MRRIC 82 of 125

83 Regional Issues 83 of 125

84 Legislative Report Number of Bills:455 Dark Blue (High): >8 Blue (Med) Light Blue (Low): <3 AK 11 AL 8 AR 3 AZ 4 CA 17 CO 1 CT 7 DE 3 FL 14 GA 2 HI 21 IA 2 ID 1 IL 13 IN 2 KS 5 KY 1 LA 19 MA 38 MD 3 ME 10 MI 7 MN 10 MO 3 MS 8 MT 7 NC 5 ND 1 NH 7 NJ 13 NM 6 NV 1 NY 65 OH 1 OK 6 OR 17 PA 4 RI 13 SC 4 SD 1 TN 6 TX 30 US 1 VA 3 VT 2 WA 36 WI 2 WV of 125

85 The American Waterways Operators Midcontinent Office 1113 Mississippi Avenue Suite 108 St. Louis, MO Lynn M. Muench Senior Vice President Regional Advocacy Phone: (314) Fax: (314) The Coalition To Protect the Missouri River (CPR) 2009 Commitment Form Member Company Contact Signature Contact s Address Check here if you do not want updates via Commitment Amount Return to Lynn Muench by fax at by September 1, of 125

86 July 27, 2009 Docket Management Facility (M-30) U.S. Department of Transportation West Building Ground Floor Room W New Jersey Avenue, SE Washington, D.C RE: USCG Regulated Navigation Area and Safety Zone, Chicago Sanitary and Ship Canal, Romeoville, IL To Whom It May Concern: The American Waterways Operators (AWO) is the national trade association representing the inland and coastal tugboat, towboat and barge industry. AWO is comprised of more than 300 individual companies, with a geographic scope ranging from New England to Alaska. Fifteen AWO members have headquarters in Illinois, and many others operate vessels that transit through the Chicago Sanitary and Ship Canal. We appreciate this opportunity to comment on the U.S. Coast Guard notice of proposed rulemaking (NPRM) for the Regulated Navigation Area (RNA) as it applies to vessels transiting the Chicago Sanitary and Ship Canal between Mile Marker and AWO encourages both the Coast Guard and the U.S. Army Corps of Engineers to continue to ensure the safe, free flow of commerce through this Congressionally-authorized waterway. AWO members have demonstrated their full commitment to collaborating with the Coast Guard and other government agencies to ensure the safe operation of vessels that protects the crew, the public and the environment. The demonstration of our commitment is evident in the award-winning AWO Responsible Carrier Program, and the first-of-itskind Coast Guard-AWO Safety Partnership. On a regional basis, AWO has worked with the Coast Guard and the Corps through the Mid-America Regional Quality Steering to identify ways to improve safety and environmental protection. AWO has also worked cooperatively with the Environmental Protection Agency, the U.S. Fish and Wildlife Service and state environmental agencies on a variety of issues, including the recovery of threatened and endangered species and reducing emissions from engines and tank barges. The Tugboat, Towboat and Barge Industry Association 86 of 125

87 USCG Page 2 Based on the experiences of our members, and our review of the NPRM, AWO respectfully requests that six changes or clarifications be made to the RNA. These include: 1) Reducing the geographic range of the RNA to reflect operational reality; 2) Reassessing the economic impact, especially on small businesses, if the Corps discontinues funding the bow boat as part of what should be the normal Operations & Maintenance (O&M) of the Congressionally-authorized channel; 3) Conducting a cumulative safety assessment of the area before Barrier IIB is activated, and conducting a new safety assessment if the voltage of Barrier IIA or IIB increases above 1 volt per inch; 4) Reassessing the RNA s economic impact; 5) Modifying the personal flotation device recommendation; and, 6) Applying appropriate safety standards to recreational vessels. 1. RNA Geographic Range The previous RNA encompassed six-tenths of a mile. This range included the area from 1200 feet south of the Romeo Road Bridge to 1200 feet north of the Aerial Pipeline Arch, or between Mile Marker and of the Chicago Sanitary and Ship Canal. The active area for electricity is between Romeo Road Bridge and the Aerial Pipeline Arch. The largest towboats traveling through the area are 1150 feet long. Therefore, it is only possible to be operating in an area of concern within 1200 feet on either side of the two structures. The proposed geographic range would expand the RNA area to 2.5 miles, an expansion that will increase traffic congestion and costs without producing an increase in safety. Additionally, vessels in fleets or at terminals within the proposed RNA would have to leave due to restrictions on passing, further increasing economic hardship on the industry and the region. This would also affect the terminal at Midwest Generation - Will County Station located at Mile Marker The coal unloaded at this plant provides a significant amount of energy for the Chicago area, and unnecessary delays in these shipments will have far-reaching economic impacts. As a result of these factors, AWO urges the Coast Guard to include the area from 1200 feet south of Romeo Road Bridge to 1200 feet north of the Aerial Pipeline Arch as the geographic range of the RNA. AWO also urges that the proposed safety zone be contained in the same area for the reasons stated above. 2. Bow Boat Funding The RNA states that [i]n the event Army Corps funding would cease, operators of tows containing one or more red-flag barges that need to transit through the regulated navigation area would incur the cost of bow boat assistance. As AWO understands the situation, operators would be responsible for financing bow boats as soon as October 1 of this year. For the Corps to properly execute its navigation mission for this Congressionally-authorized waterway, bow boat funding should be part of the Corps ongoing and normal O&M budget through the duration of this RNA. In short, this service satisfies a public requirement (free flow of commerce through a Congressionallyauthorized waterway) and should be publicly financed for the life of the RNA. 87 of 125

88 USCG Page 3 If the bow boat is not funded by the Corps, the impact of absorbing that cost will deal a financial blow to the small businesses who would bare the responsibility to cover the bow boat s costs. As the Coast Guard s analysis indicates, small operators who must cover the direct cost of bow boat assistance will see up to three percent of their revenue go toward this service. This is a significant amount, especially for small businesses that are already operating at thin profit margins during these difficult economic times. We urge the Corps to develop stable funding for bow boats, and we urge the Coast Guard to commit to reopen the RNA for comment if appropriate federal funding becomes unavailable. AWO also urges the Coast Guard to reevaluate the cost of bow boats, including the delays of all commercial traffic that will be impacted by the RNA. 3. Cumulative Electric Impact of Three Barriers: Cumulative and Increased Voltage When construction of a third barrier (Barrier IIB) is completed, AWO urges the Coast Guard to require that cumulative safety tests be undertaken before permanent activation. Up to this point, the Corps and the Coast Guard have not made judgments on the barriers safety based on the three barriers operating at the one volt per inch level simultaneously. Testing is also essential if voltage is increased at any of the barriers beyond the one volt per inch. AWO urges the Coast Guard and the Corps to study the impact of both situations that would increase total voltage. 4. Coast Guard Evaluation of Economic Impact and Small Business Impact AWO believes that the Coast Guard s evaluation of present commercial traffic affected by the NPRM is too low, and does not evaluate the impact of further growth. The Chicago Sanitary and Ship Canal is a major transportation artery, and based on AWO s communications with stakeholders in the region, the Coast Guard s estimate of 23 impacted entities does not take into account all of the different operators. In fact, page 22 of the Coast Guard s Preliminary Regulatory Analysis and Initial Regulatory Flexibility Analysis refers to 23 companies transiting the lock and electrical barrier with red-flag barges, not accounting for all the vessels that transit the area. As the rule would impact all vessels, including ones that do not carry hazardous material, the NPRM s text should more clearly recognize its far-reaching effects. Furthermore, the analysis does not anticipate the expanding maritime transportation system that MarAd s Marine Highway program is likely to facilitate. This RNA represents a major undertaking that will have significant economic consequences on the industry and the region. AWO urges the Coast Guard to reassess the economic impact on the entire industry, with a focus on small businesses. 5. Personal Flotation Devices As AWO stated in its March 2005 comments on the RNA for Barrier I, Type I vests are typically kept in the sleeping quarters, the galley, and/or the wheelhouse, while Type V devices are always worn by crewmembers while performing work on the deck. In other words, Type V vests are always easily accessible by the crew. Moreover, wearing a Type I device may pose safety issues since it can restrict the vision of the mariner due to its relative bulkiness. AWO urges the Coast Guard to help ensure a safe work environment by allowing mariners to be on deck wearing the Type V vests under emergency conditions. Under normal conditions, the crew should be inside the vessel. 88 of 125

89 USCG Page 4 6. Standards for Recreational Vessels It is imperative that appropriate standards apply to recreational vessels within this geographic range to ensure a safe operating environment for both recreational and commercial vessels. To ensure safe passage for both recreational and commercial traffic, the Coast Guard should require recreational traffic to: 1) Refrain from loitering, mooring or laying up on the right or left descending banks; 2) Provide radio notification before entering the RNA to make sure no other vessel is in or entering the area; and, 3) Move through the RNA with all due speed. AWO believes these actions will increase the safety of all types of vessels transiting the area. AWO applauds the Coast Guard s attention to this extremely important issue, as well as its acknowledgment of the importance of navigation to the country. AWO shares the Coast Guard s goals of protecting public safety, health and the environment, while facilitating waterborne commerce. AWO specifically commends the Coast Guard for providing timely notices of traffic delays and flexibility with moving traffic as possible when the area is closed for safety testing and maintenance. In the future, AWO requests a 30-day advance notice. Thank you for the opportunity to comment on this proposed rule. If the Coast Guard would like further information, AWO would be pleased to provide it. Sincerely, Lynn M. Muench 89 of 125

90 July 2, 2009 State Senator Robert H. Plymale West Virginia Senate Room 417 M, Building 1 State Capitol Complex 1900 Kanawha Boulevard East Charleston, WV RE: Senate Bill 441 Dear Senator Plymale: The American Waterways Operators (AWO) is the national trade association representing the inland and coastal tugboat, towboat and barge industry. AWO is comprised of more than 400 individual companies, with a geographic scope ranging from New England to Alaska, and throughout the interior river system of the United States. The towing industry relieves road and rail congestion throughout West Virginia and improves the state s air quality. A copy of a 2007 study by the Texas Transportation Institute (TTI) that chronicles the benefits of waterborne transit is enclosed. Bill Barr, Madison Coal & Supply Company and I met with Laura Quinnelly in your Charleston office on June 26 to convey our concerns about Senate Bill 441. We appreciate the time she took to meet with us, and we look forward to ongoing dialogue on the content of this bill. We respectfully submit that passage of SB 441 would be bad economic policy and a questionable legal action, as it would: insert the state into an area that falls under federal jurisdiction; negatively target an industry that provides a valuable service to the state; not allow the revenue derived to be used for the benefit of the primary revenueprovider; and, jeopardize the future of key industries in the state. Insertion of the State into a Federal Matter The problem that this bill attempts to address, abandoned barges in the river, is a problem that our industry takes very seriously. Navigable waterways are the industry s economic necessity. The river system is our home and we support a wide variety of environmental The Tugboat, Towboat and Barge Industry Association 90 of 125

91 Senator Plymale Page 2 activities to ensure that the rivers of this nation can be used and enjoyed by all. Our industry considers abandoned barges a serious problem, and it is an activity that the vast majority of barge operators find abhorrent. That is why we support vigorous federal action in this area. In 1992, in fact, the U.S. Congress enacted the Abandoned Barge Act to address this very problem. This law specifically states that, [a]n owner or operator of a barge may not abandon it on the navigable waters of the United States. Given the clear federal role in this matter, AWO would welcome West Virginia s support for adequately enforcing the existing law instead of passing a redundant and unnecessary law. Constitutional interpretation also leads to the conclusion that the passage of this type of bill at the state or local level is problematic. As the U.S. Supreme Court concluded in the 2000 case, Intertanko v. Locke, even within the context of a regulation related to local waters, a federal official with an overview of all possible ramifications of a particular requirement might be in the best position to balance all the competing interests. Moreover, the Court just recently struck down a municipal tax in Polar Tankers, Inc. v. City of Valdez. In this case, the Court found the vessel tax to be in violation of the Tonnage Clause of the U.S. Constitution because, in order to fund services by taxing ships, a State must also impose similar taxes upon other businesses. Since SB 441 gives localities taxation rights over vessels exclusively, its constitutionality could very clearly be challenged immediately upon enactment. Industry Would be Negatively Targeted AWO members make a large contribution to the state s economic well-being. In 2006, for example, the Port of Huntington alone received or shipped 58.3 million tons of coal and 10.4 million tons of petroleum products. Towing companies in the state already pay a tax on diesel fuel of 11.7 cents per gallon into the state highway trust fund which our industry does not benefit. As a matter of fact, the towing industry positively impacts the condition of roads by moving 70 semi-truckloads of products into a single barge. With regard to pollution, barges carry the equivalent of 1,010,250 railroad car loadings of coal every year. This lowers the amount of air pollutants put into the air throughout West Virginia by replacing trains with lower-emitting vessels. Tax s Revenue Would not Benefit its Source Good policy would place part of the burden of taxes on those who benefit from the tax. In this bill, however, although barge owners would be responsible for 100% of the payment of these taxes, 50% of the revenue would be used for recreation along the waterways, and the other 50% would be used for the resurrection of sunken barges. It is clear then, that the industry would be funding activities for which other state entities will be the primary beneficiaries. This lack of connection between taxation and revenue is a great concern for towing companies and the industries those companies serve, as they are all essential members of the state s economic community. Barge operators understand and embrace their responsibility to do their part for the betterment of West Virginia. Asking them for a disproportionate share of the funding of state and local activities, however, is not consistent with any spirit of equity. 91 of 125

92 Senator Plymale Page 3 Future of the Industry in West Virginia Would be Jeopardized This bill is also counterproductive from the perspective of generating more revenue. Punitive measures such as the ones outlined in this bill could very well have the effect of discouraging those in the industry from operating in West Virginia to the extent that they do currently and from expanding their operations. Activities in cities that would be authorized to apply this tax may be hurt as well. In Huntington, for example, future plans to build a rail-to-river facility at mile 309 of the Ohio River will necessitate the frequent mooring of barges. If such activity is to be taxed at a high level, the whole project itself may not find enough participants, and a worthwhile transportation initiative would never come to fruition. AWO greatly appreciates the opportunity to continue a dialogue with you on the importance of the towing industry to the economy and environment of West Virginia. Based on the reasons expressed above, however, we believe that passage of SB 441 would harm the economic future of West Virginia. I would like to reiterate our thanks to your Charleston staff for taking the time to meet with us. I will be returning to West Virginia soon, as I will be in the Huntington area from July I would like to arrange an appointment with you during this time to discuss the economic and environmental realities of the towing industry along with its specific impacts on West Virginia s economy. AWO staff is currently reaching out to your Huntington staff to set up such a meeting. I would also like to extend an invitation to you and your staff to spend some time with one of the AWO members who operates in the state in order to familiarize you with their operations. Sincerely, Lynn Muench cc: Bill Barr, Madison Coal & Supply Company Mark Carr, AEP River Operations Michael Hennessey, CONSOL Energy Sales Company Fred Nyhuis, Marathon Oil Company Bob Reed, DTC Marine Services, Inc. Enclosures: - Texas Transportation Institute Study from December 2007: A Modal Comparison of Domestic Freight Transportation Effects on the General Public - The 2008 Annual Report of The American Waterways Operators 92 of 125

93 June 1, 2009 VIA FASCIMILE Mr. Ronald L. Wooten Director West Virginia Office of Miners Health, Safety and Training State of West Virginia 1615 Washington Street East Charleston, WV Dear Mr. Wooten: RE: West Virginia Proposed Legislative Rule Title 56, Series 14 The American Waterways Operators (AWO) is the national trade association representing the inland and coastal tugboat, towboat and barge industry. AWO is comprised of more than 300 individual companies, with a geographic scope ranging from New England to Alaska, and throughout the interior river system of the United States, including extensive operations along the Ohio and Kanawha Rivers. We appreciate the opportunity to express our concerns regarding the Proposed Legislative Rule, Title 56, Series 14, from the West Virginia Office of Miners Health, Safety and Training. We respectfully submit that this rule is ill-advised and should not be adopted for the following reasons: Interstate commerce is an area clearly referenced in the U.S. Constitution as being exclusively subject to federal, as opposed to state, regulation, a fact that has been confirmed on numerous occasions by the U.S. Supreme Court; The towing industry and the U.S. Coast Guard already have a partnership in place to proactively address safety issues on vessels; The Coast Guard is in the process of promulgating a rule on towing vessel inspection; Members of AWO must comply with the Responsible Carrier Program, which already has worker safety components; and, Overregulation could impede the towing industry s operations in the state. The Tugboat, Towboat and Barge Industry Association 93 of 125

94 Director Wooten Page 2 The Role of Federalism First and foremost, the imposition of a state inspection regime runs afoul of the constitutional balance between state and federal areas of responsibility. As the U.S. Supreme Court most recently stated in its 2000 Intertanko v. Locke decision, the Court had little difficulty in finding state vessel requirements were pre-empted by federal laws which governed the certification and standards of operation. In this proposed rule, West Virginia is seeking to have all required training be recorded on an MSHA form, a copy of which shall be maintained at the facility for a period of at least one year. By assigning itself as a reviewer of requirements promulgated by the U.S. Department of Labor s Mine Safety and Health Administration, the state risks violating the constitutional standard of federalism, thereby rendering its proposed rule subject to invalidation by federal courts. Industry-Coast Guard Partnership The proposal to introduce state inspections appears to presuppose a governmental neglect of the industry that does not exist in practice. In fact, members of industry are committed to the safety of their vessels and the individuals who work aboard them, and have been more than willing to cooperate and collaborate with the appropriate authorities to achieve these goals. For example, AWO has worked with the Coast Guard over the past 15 years, via the Coast Guard-AWO Safety Partnership, to address safety concerns throughout our industry. The Safety Partnership has addressed and produced guidelines on towing vessel crew fatalities, a river crisis action plan, barge inspection consistency, crew endurance management and over 30 other issues. The issue of crew endurance is of particular relevance to mariner safety, as fatigue has been identified as a significant cause of accidents. AWO first established a working group on fatigue in As a result of the work of AWO and the Coast Guard in this area over the past decade, member companies have increasingly incorporated scientifically-sound crew endurance management principles into their operations by making changes to the working environment onboard vessels, employing light and noise management, and encouraging crewmembers to adopt a healthier diet and exercise. The industry and the Coast Guard continue to collaborate through the Safety Partnership to refine crew endurance while improving the working environment of the mariners. Coast Guard Development of Rule on Towing Vessel Inspection AWO has been a vigorous supporter of the Coast Guard s development of a new towing vessel inspection regime. This process began in 2003 after AWO requested that the Coast Guard make the industry s vessels subject to inspection, a rare request for any industry to make. In response, Congress passed the Coast Guard and Maritime Transportation Act of 2004, a bill that added towing vessels to the list of vessels subject to federal inspection, and authorized the Coast Guard to establish by regulation a safety management system appropriate for the characteristics, methods, and nature of service of towing vessels. Industry s goals throughout this process have been to create an inspection system that is risk-based and targets the most common causes of towing vessel accidents. As these proactive steps indicate, the industry is committed to 94 of 125

95 Director Wooten Page 3 achieving the highest degree of safety for our personnel and our vessels, and is not attempting to avoid compliance with needed standards. Responsible Carrier Program The towing industry has been so committed to improving safety, in fact, that it has done a large amount to regulate itself while a Coast Guard-led inspection regime framework is being developed. Members of AWO, for example, are required to comply with the Responsible Carrier Program (RCP), a safety management system that came about after an industry-wide risk assessment in The RCP is an award-winning program that has been recognized as a safety standard by the Coast Guard and state governments across the country. The governments of Washington and California, for example, have referenced the RCP in their state regulations. Among its features, the RCP requires companies to develop a safety policy, create safety rules in areas including non-skid surfaces and flammable and combustible liquids, and implement a policy for the use of personal protective equipment. Compliance with the RCP and a high degree of responsibility on the part of individual companies have contributed to a decrease in the number of fatalities per year in the industry from 28 in 1997 to 8 in Industry in the State In addition to its safety record, the towing industry makes a large contribution to the state s economic well-being and its stewardship of the environment. In 2006, for example, the Port of Huntington alone received or shipped 58.3 million tons of coal and 10.4 million tons of petroleum products. The industry positively impacts the condition of roads by moving 70 semitruckloads of products onto a single barge. With regard to pollution, barges on the Ohio River carry the equivalent of 1,010,250 railroad car loadings of coal every year. This lowers the amount of pollutants put into the air throughout West Virginia by replacing trains with barges, a significant substitute considering that transport by rail emits 39 percent more carbon dioxide than does transport by inland barge. Subjecting vessels to redundant and unnecessary regulations could very well have the effect of discouraging waterborne commerce in the state, thereby depriving West Virginia of a substantial portion of these economic and environmental benefits. AWO greatly appreciates being able to begin a dialogue with your agency on the industry s commitment to worker safety in West Virginia and throughout the country. Based on the reasons expressed above, however, we believe that approval of this rule should not be granted. Thank you for the opportunity to comment on this proposed rule. If you would like further information, AWO would be pleased to provide it. Sincerely, Lynn M. Muench 95 of 125

96 June 10, 2009 VIA Ms. Natalie E. Tennant Secretary of State State of West Virginia Building 1, Suite 157-K 1900 Kanawha Blvd. East Charleston, WV RE: West Virginia Proposed Legislative Rule Title 56, Series 14 Dear Secretary Tennant: The American Waterways Operators (AWO) is the national trade association representing the inland and coastal tugboat, towboat and barge industry. Our association provided comments last week in opposition to the Proposed Legislative Rule, Title 56, Series 14 that the state Office of Miners Health, Safety and Training submitted to your office on May 1. The comments are included in this transmission. It would be ill-advised for this rule to go into effect in any form, including via an Emergency Rule. AWO respectfully requests that you deny approval of this Emergency Rule. As we indicated in our correspondence, the regulation of interstate commerce is constitutionally an exclusive federal power. Additionally, our industry s attention to worker safety is already high, a fact that has been recognized by many independent sources. Finally, AWO member companies contribute significantly to the economic well-being of West Virginia and should not be subject to unnecessary regulation that impairs their efficiency. Thank you for your attention to this matter. I will call your office in the next couple of days to discuss this issue. Sincerely, Lynn M. Muench The Tugboat, Towboat and Barge Industry Association 96 of 125

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98 River Industry Executive Task Force An American Waterways Operators Standing Task Force Industry Representatives Scott Noble, Co-Chairman Ingram Barge Company Tom Erickson Marquette Transportation Co., Inc. George P. Foster JB Marine Services, Inc. Keith Lay AEP River Operations Mario Munoz American Commercial Lines Emmett Neal Crounse Corporation Brent Nissen American River Transportation Co. Dave Shaw Kirby Inland Marine LP Government Representatives RADM Joel Whitehead, Co-Chairman, U.S. Coast Guard RDML Peter Neffenger, Co-Chairman, U.S. Coast Guard BG Michael Walsh, Co-Chairman U.S. Army Corps of Engineers BG John Peabody, Co-Chairman U.S. Army Corps of Engineers Mike Ensch U.S. Army Corps of Engineers CAPT Tom Hooper U.S. Coast Guard CAPT Lorne Thomas U.S. Coast Guard Ad Hoc Member Raymond Butler Gulf Intracoastal Canal Association Staff Support Lynn Muench American Waterways Operators 1113 Mississippi Avenue, Suite 108 St. Louis, Missouri Telephone: (314) Fax: (314) Cell: (314) History The River Industry Executive Task Force (RIETF) was formed during the drought of 1988 when the Mississippi River was at an all-time low. Barge traffic was halted with no clear indication of how or when it might be restored. The U.S. Coast Guard (USCG), the U.S. Army Corps of Engineers (Corps), and industry recognized that this was a crisis situation and would need to coordinate their activities. All parties agreed to bring together a small group that could speak for the Corps, the USCG and the towing industry. The American Waterways Operators (AWO) membership selected seven corporate officers to speak for the industry. The Coast Guard was represented by the Commanding Officer of the Second and Eighth Coast Guard districts. The Commander of the Mississippi River Division represented the Corps. These individuals elevated the issues and problems to a level at which they could be resolved and jointly enabled barge traffic to resume on the Mississippi River. Later, the Corps Commander of the Great Lakes and Ohio Valley Division and the national Operations Chief, along with the USCG s Inland Waterway Coordinator, were added to RIETF. RIETF also serves as the oversight industry group of the key operational industry groups. The groups and their contact information are attached. During a crisis situation, each impacted operational group and RIETF will maintain communications to ensure the proper assets and personnel are deployed to address the situation. RIETF is a standing task force of The American Waterways Operators. Mission RIETF affords the opportunity for an ongoing dialogue between senior decision makers within the Corps, Coast Guard and industry to allow smooth coordination during crisis situations and to form partnerships to avoid future crisis. Meetings RIETF industry leadership meets regularly with Corps and Coast Guard co-chairs to discuss the state of the industry. RIETF also meets, as needed, via conference call. The Annual Meeting is held each March in conjunction with Industry Days. Elections Elections are held each year during the Annual Meeting. All RIETF members serve a two-year term and are eligible for reelection. Members must be senior executives within their companies. The chairman and vice chairman may serve a one two-year term. The Corps and Coast Guard representatives are dictated by position. 98 of 125

99 River Industry Executive Task Force An American Waterways Operators Standing Task Force Industry Representatives Scott Noble, Co-Chairman Ingram Barge Company Tom Erickson Marquette Transportation Co., Inc. June 10, 2009 MEMORANDUM TO: RIETF Members George P. Foster JB Marine Services, Inc. Keith Lay AEP River Operations Mario Munoz American Commercial Lines Emmett Neal Crounse Corporation FROM: CC: RE: Lynn M. Muench Tim Casey, Tom Allegretti, Jennifer Carpenter, Mid-America RQSC March 3, 2009 Meeting Notes and Follow Up Brent Nissen American River Transportation Co. Dave Shaw Kirby Inland Marine, LP Government Representatives RADM Mary Landry Co-Chairman, U.S. Coast Guard RDML Peter Neffenger, Co-Chairman, U.S. Coast Guard BG Michael Walsh, Co-Chairman U.S. Army Corps of Engineers BG John Peabody, Co-Chairman U.S. Army Corps of Engineers Mike Ensch U.S. Army Corps of Engineers CAPT Tom Hooper U.S. Coast Guard CAPT Lorne Thomas U.S. Coast Guard Ad Hoc Member Raymond Butler Gulf Intracoastal Canal Association Staff Support Lynn Muench American Waterways Operators 1113 Mississippi Avenue, Suite 108 St. Louis, Missouri Telephone: (314) Fax: (314) Cell: (314) The River Industry Executive Task Force (RIETF) held its Annual meeting on Tuesday, March 3. Action items below are bolded and italicized. RIETF Co-Chairmen and representatives of the Co-Chairmen provided opening remarks. Scott Noble, Ingram Barge Company and the RIETF Co- Chairman, opened with some historical perspectives, including a discussion on the twentieth anniversary of the founding of the group and the accomplishments since the 1988 low-water event. He expressed his hope and desire that RIETF would continue to function in the future as a mechanism to bring together senior leadership from industry, the U.S. Army Corps of Engineers and the U.S. Coast Guard and maintain communication to avoid crises and mitigate them when they occur. Mr. Noble also commended the operational working groups throughout the system, highlighting the cooperation between the Corps, Coast Guard and industry as each group has fully embraced and utilized the Waterways Action Plan (WAP) to ensure continued flow of commerce during low water, high water and other events. Other remarks from the Co-Chairmen or their representatives included: RADM Joel Whitehead, Eighth Coast Guard District Commander and RIETF Co-Chairman, commended industry s response to the July 2008 Mel Oliver oil spill, discussed the positive outcomes from Operation Big Tow and announced that the new commander for the towing Center of Expertise (COE) in Paducah, KY, CDR Greg Case, had been selected and would attend the Inland Waterways Conference. BG John Peabody, Army Corps of Engineers Great Lakes and Ohio River Division Commander and RIETF Co-Chairman, highlighted that the risk-and-reliability approach for assessing locks had decreased the number of unscheduled and increased the number of scheduled closures, allowing a timeline around which the industry could plan. BG Peabody also discussed the process to allocate the 99 of 125

100 -2- the stimulus money. He stated that it would be balanced across the nation but focus on the high unemployment areas. In his division, he expects that Michigan will receive a significant share of the money. However, he cautioned that predictions were just that since the process for project selection and the timeline were still opaque. CAPT Lorne Thomas, representing RIETF Co-Chairman RMDL Peter Neffenger, Ninth Coast Guard District Commander, also highlighted the positive outcomes of Operation Big Tow. He announced that the Ninth District would adopt the Eighth District s policy on CG-835 and that the district continues the process to change the definition of Great Lakes to allow practical operations to line up with regulatory language. The District sees the states 401 certifications of the Vessel General Permit (VGP) as a real problem for the navigation community. He suggested that the only solution now appears to be legislation. COL George Shepard, representing RIETF Co-Chairman BG Mike Walsh, Army Corps of Engineers Mississippi Valley Division (MVD) Commander, updated the group on MVD projects. Other topics discussed include: Mike Ensch, Army Corps of Engineers Chief of Operations and RIETF member, unveiled a master list of scheduled lock closures for the next five years from all five divisions serving the Western Rivers and the Gulf Intracoastal Waterway. The list will be posted on the Corps Web site. Mr. Ensch committed to notify industry when changes were made. RIETF committed to provide feedback to the Corps. Mr. Ensch also suggested that there needs to be a better communication process for bridge repair closures. An extensive discussion on projects that the Mid-America Regional Quality Steering (RQSC) had undertaken or is undertaking now was led by Mid-America RQSC members Jim Farley, Kirby Inland Marine, LP; Fred Nyhuis, Marathon Oil Company; CAPT Tom Hooper, Chief, Western Rivers, Coast Guard; and, Mike Kidby, Senior Program Manager for Inland Waterways, Corps. AWO Chairman of the Board Merritt Lane, Canal Barge Company, Inc., suggested that, based on the Corps involvement in the Mid-America RQSC, the National Quality Steering (QSC) should consider involving the Corps in their meetings and projects. Ms. Muench committed to forward the suggestion to appropriate AWO staff. BG Peabody agrees that the Corps should be involved with this partnership and will discuss the possibility with MG Meredith Bo Temple. The Coast Guard expects 80 percent of the $142 million in Truman-Hobbs stimulus money will be spent within the Eighth District. BG Peabody and COL Shepard indicated that the Corps should be involved with synergistic outreach and training with the Coast Guard and industry, including through Brownwater University. Mr. Noble noted that he is hopeful that Brownwater University will include a class in Paducah, KY, within the next year. There was a lively discussion on the first ever joint technology meeting in Vicksburg, MS, and what that might mean for navigation and infrastructure improvements. Mr. Noble, RADM Whitehead and BG Peabody adjourned the meeting Mr. Noble then convened an industry-only session. The group re-elected the following members to two-year terms: Dave Shaw, Kirby Inland Marine, LP; George Foster, JB Marine 100 of 125

101 -3- Service, Inc.; Scott Noble, Ingram Barge Company; and, Brent Nissen, American River Transportation Co. The group also elected the following new members to one-year terms: Keith Lay, AEP River Operations, and Mario Munoz, American Commercial Lines, and, as Alternate, Roger Harris, Magnolia Marine Transport Company. The group also elected Mr. Noble and Mr. Nissen as Chairman and Vice Chairman, respectively. Other members of RIETF are Tom Erickson, Marquette Transportation., Inc., and Emmett Neal, Crounse Corporation. RIETF also setup a working group to look at options to improve the equity of helper boats and other resources during events that negatively impact the flow of commercial traffic. Mr. Nissen will chair the group. Mr. Shaw, Mr. Neal and Mr. Erickson will also sit on the group. Staff will setup a conference call by May 1. The group was encouraged to discuss options within their companies before the group meets. 101 of 125

102 U.S. Coast Guard - American Waterways Operators Safety Partnership Mid-America Regional Quality Steering In 1995, the U.S. Coast Guard-American Waterways Operators Safety Partnership was established as a first-of-its kind cooperative effort between agency and industry to improve marine safety, environmental protection and communication through sound analysis, open dialogue and non-regulatory solutions. The Partnership s first Quality Steering (QSC) meeting was held in November 1995, and since then, the Partnership has tackled such critical safety issues as crew fatalities, tank barge spills, and safe operations during dangerous water conditions, both through the national QSC and three Regional Quality Steering s (RQSCs) which have launched over 30 national and regional Quality Action Teams (QATs). The purpose of the three RQSCs (Mid-America, Atlantic and Pacific) is to provide support to the partnership and serve as a forum for Coast Guard-industry dialogue. The Mid-America RQSC held its first meeting in 1996, and the charter was rewritten in 2004 to include security as a mission. The Mid-America RQSC also began to include participants from the U.S. Army Corps of Engineers to better explore safety, environmental, security and communication issues. The goals of the Mid-America RQSC are to: 1. Provide coordination and support to the safety partnership at the regional level in coordination with the National QSC; 2. Promote the partnership within organizational structures; and, 3. Serve as a forum for regional dialogue between the industry, the Coast Guard and the Corps. From 1996 to 2001, the Mid-America RQSC produced tangible proposals to improve safety and environmental protection by creating more than 14 reports and recommendation documents including an Inland Towing Vessel Guide to Federal Oil Procedures, Recommended Practices for Bunker Barges, and a Reducing Downstreaming Incidents report. After the terrorist attacks of 2001, the RQSC was inactive until Since that time, the group has completed work on revisions to a Bump and Go Policy Letter and the Waterways Action Plan (WAP). The group is presently working on a Casualty QAT as well as an Orientation and Communication QAT, and is addressing operational issues including the addition of drift management to the WAP and standard procedures for crew members to board at locks. 102 of 125

103 Coast Guard AWO Safety Partnership Mid-America Regional Quality Steering (RQSC) Meeting June 3, 2009 ACTION ITEMS RADM Landry Discussion AWO invited RADM Landry to attend the AWO Southern Region Summer Meeting in Houston, TX, on July and the AWO Midwest and Ohio Valley Regions Joint Summer Meeting in St. Louis, MO, on August (Mr. Wright, Ms. Muench) Mid-America RQSC Meeting The RQSC reviewed the results of the two-month test to gather casualty information, which ran earlier in the year, and discussed which MISLE categories the causal factors should be tied to in order to best identify actions to take to mitigate these incidents while not compromising participants privacy. The group identified the need to remind participants that they can opt out of providing causal information if the incident is under legal review. (Ms. Muench, Ms. McCarthy) CAPT Gifford will review the results of the two-month test to determine if the Coast Guard identifies any other factors it would like the QAT to explore, after which Chuck McAllister and Dave Dewey, QAT co-chairs, will be asked to develop the final list. (CAPT Gifford, Ms. Muench, Ms. McCarthy) CAPT Gifford also will forward the electronic version of the Eighth District casualty data he presented to the RQSC. (CAPT Gifford) The updated RQSC charter will be signed after the Corps lawyers have completed their review of it, either by mail or during the next RQSC meeting, to be held in January (Mr. Kidby, Mr. Ensch) The industry expressed concern that some Sectors in the Eighth District may be beginning to implement voluntary inspections before the BAIT indoctrination program has been implemented, and also that some Sectors will not use the 91 new inspection billets assigned to them for inspection personnel. CAPT Hooper, RADM Landry, and the new Chief of Staff CAPT Jim Tunstall will ensure that the Sectors are aware of the commitments made to industry and that neither situation occurs. (CAPT Hooper) 103 of 125

104 2 The RQSC decided to rewrite the Training and Orientation QAT charter to eliminate the training portion, as it is covered by the BAIT workbook, and convene a QAT meeting to develop a list of past and current orientation programs and other events, such as Sector Luncheons, that facilitate building and improving the industry-coast Guard relationship. (Ms. McCarthy) After reviewing the Corps five-year lock closure schedule, the group tasked Mr. Noble with soliciting feedback from other RIETF members on the schedule, and Ms. Muench will re-send it to the RQSC members and ask for feedback on what other lock closure information they would like included. RIETF and the RQSC will provide their feedback to the Corps in written form, and Mr. Kidby will also send to Ms. McCarthy the Corps Web sites where the lock closure document, as well as the dewatering schedule and navigation notices, can be found so that the URLs can be published in the AWO Letter. The RQSC asked Mr. Kidby to provide information on how long each lock will be closed. (Mr. Noble, Mr. Kidby, Ms. Muench, Ms. McCarthy) Mr. Kidby announced that Corps Crew Changes at Locks Product Delivery Team (PDT) has created a standard operating procedure, and once Corps lawyers complete their review of it to ensure it does not conflict with 33 CFR Part 207, he will send it to the RQSC for feedback, as well as the list of the members of the PDT. (Mr. Kidby) After discussing Corps security levels, Mr. Kidby committed to provide an appendix outlining the meanings of the Corps threat levels, especially their impact on mariners access to Corps-controlled facilities, and their correlations with Department of Homeland Security and Coast Guard threat levels. The group also asked Mr. Kidby to explore if the Corps could post its threat levels online so that mariners could check the security status before arriving at a Corps-controlled facility. (Mr. Kidby) Recently, the Corps has asserted that radar manufacturers have indicated that a vessel s radar can be harmful if a person stands within a certain distance from it, and lock operators commonly stand within that distance. However, the industry has pointed to studies challenging that assertion, and has raised concerns about safety if radar is required to be turned off. Mr. Kidby will send Ms. Muench the contact information for the person who would oversee developing a radar policy, Eugene Dowell, Locks and Dams, Operations Division, Louisville District, so that she can coordinate with him. (Mr. Kidby, Ms. Muench) Dave Smith of Gate City River Transportation LLC has created a list of locks that need standardized procedures instituted when large amounts of drift are present. The RQSC agreed to ask Mr. Nyhuis to obtain and circulate the list to the RQSC members, and also ask him to provide an update on the working group he and Mr. Kidby assembled to present standardized procedures for each lock that will become part of the WAP. (Ms. McCarthy) 104 of 125

105 3 The RQSC discussed the possible inclusion of bridge Real Time Velocity Meters (RTVMs) into the WAP to improve safety when water conditions create dangerous outdrafts. CAPT Hooper circulated the list of bridge candidates in the Ohio Valley, Upper Mississippi and Lower Mississippi Sectors to receive RTVMs, and the RQSC will create a working group to review the list and prioritize it before sending it to Mr. Kidby. The group also asked CAPT Hooper to select bridge candidates from the other Eighth District Sectors. (CAPT Hooper, Ms. Muench) The RQSC and the Gulf Intracoastal Canal Association (GICA) will work to include the four or five locations of the Gulf Intracoastal Waterway (GIWW) in the WAP. (Mr. Farley, Mr. Butler) 105 of 125

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110 August 3, 2009 Dr. Eben Thoma Office of Research and Development National Risk Management Laboratory U.S. Environmental Protection Agency (E343-02) 109 TW Alexander Drive Research Triangle Park, NC RE: Suggested Revisions to EPA Report: Investigation of Fugitive Emissions from Petrochemical Transport Barges using Optical Remote Sensing Dear Dr. Thoma: I would like to begin first by thanking EPA for allowing industry to peer review EPA s draft report entitled, Investigation of Fugitive Emissions from Petrochemical Transport Barges using Optical Remote Sensing. As you well know, the members of The American Waterways Operators (AWO) have been and will continue to be proactive in addressing inadvertent tank barge emissions. In 2006, AWO members created the Tank Barge Emissions Working Group (Working Group). The group has collaborated with the Louisiana Department of Environmental Quality (LDEQ), the Texas Commission for Environmental Quality (TCEQ), the Coast Guard and the Chemical Transportation Advisory (CTAC) to implement necessary changes to mitigate inadvertent emissions. The group first developed Best Management Practices (BMPs) to reduce inadvertent emissions from tank barges in This document is not only an AWO member standard but was also cited in TCEQ s State Implementation Plan as an initiative that contributes to emissions reductions in Texas. To work towards continual improvement, the Working Group updated and improved the BMP in 2009 and forwarded the draft to CTAC for review. AWO also has a history of working closely with LDEQ. In April AWO formally partnered with the agency through a Memorandum of Understanding (MOU) to monitor emissions from tank barges in the Baton Rouge nonattainment area. The Tugboat, Towboat and Barge Industry Association 110 of 125

111 Dr. Eben Thoma Page 2 It is in the same spirit of proactive environmental stewardship that the Working Group reached out to EPA in March 2009 to request the opportunity for a peer review of the EPA Report. That review was granted on June 24, and representatives from the Working Group were invited to participate. On behalf of the Working Group, I would like to express our concerns with the LDEQ report prepared by Sage Environmental entitled, Bagging Test Report: Barge Emission Measurement Project Final Report (Bagging Test Report), included as Appendix H of the EPA Report. We believe that: 1) It is improper to extrapolate quantitative conclusions about tank barge emissions from such a small sample set, as was done on page 3 of the Bagging Test Report; and, 2) The methodologies employed to assess the emissions from the sample set cannot be accurately replicated. The Working Group suggests the following revisions. Bagging Test Report The Bagging Test Report states that US EPA Protocol for Equipment Leak Emission Estimates 1995 (Appendix B of the LDEQ Bagging Test Report) was employed to measure the samples mass emissions. It also noted that the vacuum method was to be used exclusively. However, in reviewing the Bagging Test Report, the Working Group has come to the conclusion that the vacuum method was not used exclusively and, in fact, was not even employed properly. The Working Group has made the following observations regarding the Bagging Test Report: The vacuum method was only used for 8 of the 23 pieces of equipment sampled; 15 samples were not taken using the cited vacuum method and should therefore be considered invalid, as use of the sampling apparatus without the vacuum pump does not adhere to the prescribed method. In Appendix A of the Bagging Test Report it states that samples and/or pieces of equipment were tightened and/or manipulated in certain areas of the barge to increase the flow through other sample locations (i.e. hatches). This directly manipulated the piece of equipment prior to sampling and undoubtedly skewed the results. The aluminum summa canisters cited in the Bagging Test Report were used for multiple sample points so as to speciate emissions. Canisters should not have been used for multiple sample points across the barge, as this risks tainting the results of each sample analysis. To attain actual, valid results, one to three canisters should have been taken per sample point. We have concerns as to the type of bags employed and the way in which they were used during the study. The brand and type of bag is not referenced in the methods section of the report. The EPA Protocol suggests that impermeable material such as Mylar, Tedlar, Teflon, aluminum foil, or aluminized Mylar with a thickness ranging from 1.5 to 15 millimeters (mm) be used for the vacuum method. We are concerned that the samples may have reacted with the bagging material if the preceding materials were not used. Additionally, it is known that barge company personnel were asked to provide trash bags for sampling efforts and that these bags did not meet the minimum requirements of the EPA method as referenced above. Also, we do not believe a correlation can be made between EPA s Other Test Method (OTM 10) study, Optical Remote Sensing for Emission Characterization from Non-Point Sources, and the 111 of 125

112 Dr. Eben Thoma Page 3 LDEQ s bagging study for the following reasons: 1) Different barges/samples were used for the studies; 2) Meteorological conditions were not equivalent during the two studies; 3) The method of sample selection greatly differed between the two studies; and, 4) The EPA s OTM 10 study did not focus upon individual pieces of equipment like that of the LDEQ s bagging study. The Working Group has significant concerns as to the lack of adherence to the cited method used to generate the data, the validity of the reported concentrations and the manner in which concentrations and observations were described. On behalf of the Working Group, I ask that the Bagging Test Report, Appendix H of the EPA Report, be removed and that all reference to the Bagging Test Report also be removed. Barge Identification/Company Identification Additionally, AWO believes that it is inappropriate to single out a particular company by specifically referring to the company or unique barge number. These identification numbers are company specific and can be recognized. We ask that the barge identification numbers in Table 1 of the Bagging Test Report be removed. The identification numbers can simply be replaced with a sample number. We also request that any reference to specific company names be removed from the body of the main EPA Report, tables, and appendices. When the Working Group first reached out to EPA to request an opportunity to peer review this report, it was in the spirit of collaboration; and it is in that same spirit that I submit the suggested revisions on the Working Group s behalf. It is not in the best interests of either EPA or the tank barge industry to release a report with misleading or otherwise inappropriate data, and for this reason it is imperative that the concerns of the Working Group be reflected in the final EPA Report. We greatly appreciate the opportunity to review and provide comments to the EPA on this draft. If you have any questions or would like further assistance in this matter please do not hesitate to contact me or any member of the Working Group. Sincerely, Lynn M. Muench 112 of 125

113 June 15, 2009 Ms. Renee V. Wright Docket Management Facility (M-30) U.S. Department of Transportation West Building Ground Floor, Room W New Jersey Avenue, SE Washington, D.C RE: Regulated Navigation Area; Gulf Intracoastal Waterway, Inner Harbor Navigation Canal, New Orleans, LA (Docket ID No. USCG ) Dear Ms. Wright: The American Waterways Operators (AWO) is the national trade association representing the inland and coastal tugboat, towboat and barge industry. Dozens of AWO members operate hundreds of vessels in the New Orleans area, transporting key commodities such as grain and petroleum, and providing essential harbor services such as shipdocking. AWO is committed to the safe navigation of vessels, and has worked for the past 15 years through the U.S. Coast Guard-American Waterways Operators Safety Partnership to improve marine safety and environmental protection, focusing on issues such as vessel protocols during hurricanes. AWO and its members have worked closely with both the U.S. Coast Guard and the U.S. Army Corps of Engineers in the years since Hurricane Katrina to ensure that Gulf Coast residents are protected from hurricanes and that waterborne commerce serving the needs of those residents continues to flow with minimal disruptions. In that spirit of longstanding cooperation and shared dedication to safety, we appreciate this opportunity to comment on the Coast Guard s proposed Regulated Navigation Area (RNA) prohibiting vessels from certain parts of the Inner Harbor Navigation Canal (IHNC) and Harvey Canal as hurricanes or tropical storms approach. The number one priority of AWO and its members is the safety and security of vessel crews, the public and the environment, which is why the proposed RNA is of such concern. Ensuring that vessels have safe havens during hurricanes is critical because barges loaded with Certain Dangerous Cargoes (CDCs) pose a risk to human health and environment if they come loose during a hurricane, and empty barges can be picked up by high winds and waves and harm people and property. The Tugboat, Towboat and Barge Industry Association 113 of 125

114 Ms. Wright June 15, 2009 Page 2 There are vastly more barges than tugboats and towboats to move them, so each AWO member has a detailed and intricate plan to ensure that its barges are moved to safe places and secured during major storms. The large number of barges in the area, coupled with the fact that towboats pushing them travel slowly (about six miles per hour), means that moving these barges to safe havens is always logistically complex. This process is made even more complicated by the unpredictable nature of hurricanes and the short amount of time that companies have as a storm approaches. With this RNA, the Coast Guard has effectively eliminated a key safe haven for over 100 barges in the New Orleans area, and AWO s recent conversations with senior Coast Guard officials have identified a need for the establishment of new locations for vessels to safely and securely ride out hurricanes. However, the RNA does not identify any additional safe havens, and proposes to go into effect without doing so. This is a huge problem that must be addressed before finalizing the RNA. AWO urges the Coast Guard to work with other Sectors and its stakeholders to identify alternate locations at which vessels can moor during hurricanes that will mitigate the risk that they break away and cause damage before the RNA takes effect. Furthermore, the Army Corps of Engineers has placed numerous pieces of construction equipment in the Gulf Intracoastal Waterway as it begins work on flood protection structures in the IHNC. AWO is concerned that the Corps priority status in moving through the lock will create a bottleneck that will allow relatively harmless pieces of equipment to leave the area while leaving private companies barges containing potentially harmful products trapped and unsecured during a hurricane, putting lives and the environment at risk. AWO urges the Coast Guard to establish a Command Center as each hurricane approaches, with the Corps and area stakeholders as part of the Joint Hurricane Team, to identify the locking priority of vessels, including Corps equipment, located in the RNA before it takes effect. This way, the equipment that poses the most risk to Gulf Coast residents will be moved first. Per our recommendations above, AWO respectfully requests that the Coast Guard work to resolve the two major issues below before the RNA is finalized, and also consider two additional suggestions: 1. Identify alternate locations at which vessels can moor during hurricanes before the RNA goes into effect; 2. As each hurricane approaches, establish a Command Center to identify the locking priority of equipment located in the RNA, based on risk; 3. Grant waivers to vessels that cannot leave the RNA for the reasons explained above, so that they are not penalized for violating the regulation. The Coast Guard should consider granting these waivers in all parts of the RNA, especially in Harvey Canal; and, 4. Lift the RNA following the completion of Corps INHC flood prevention project. This project will result in a 100-year level of protection for the IHNC from hurricane-induced storm surges, and therefore will eliminate the possibility that vessels will damage the floodwalls and threaten New Orleans-area residents. 114 of 125

115 Ms. Wright June 15, 2009 Page 3 Thank you again for the opportunity to comment on this RNA. If you would like further information, AWO would be pleased to provide it. Sincerely, Mark Wright 115 of 125

116 National Issues 116 of 125

117 AWO ASP and IVSP Approved by Coast Guard April 13, 2009 The U.S. Coast Guard has approved the updated versions of the AWO Alternative Security Program (ASP) and the International Vessel Security Plan (IVSP). While the plans had not yet expired, they needed to be updated to include the Transportation Worker Identification Credential (TWIC) regulations before they come into effect on April 15. Significantly, the plans take a more flexible approach to interim work authority for new hires who have applied for, but not yet received, a TWIC than originally allowed under the January 2007 regulations. The new plans also clarify documentation to be kept on board the vessel and allow the Company Security Officer to delegate security duties to other company personnel. The updated ASP can be used by AWO members as a vessel security plan that meets the requirements of the Maritime Transportation Security Act of The updated IVSP is designed for use by towing vessels subject to the International Ship and Port Security (ISPS) Code, but can also be used by coastal AWO members to cover other vessels in their fleets. The amended IVSP incorporates changes made to the ASP in 2005, as well as new regulations regarding Vessel Security Officer endorsements and Ship Security Alert Systems (SSAS). Unlike the ASP, the IVSP is a template that must be customized with company- and vessel-specific information. Members using the IVSP must modify their security plans to reflect the changes to the IVSP and then send the plan, along with an updated Vessel Security Assessment report, SSAS annex, and letter from their SSAS service provider to the Coast Guard Marine Safety Center for approval. Both plans are valid for five years and can be found on the AWO Members Only Web site. For the password to the plans, please contact Mary McCarthy at mmccarthy@vesselalliance.com. For your password to the AWO Members Only Web site, please contact Jayson Larner at jlarner@vesselalliance.com. For more information, contact Ms. McCarthy or Jennifer Carpenter at (703) , extensions 254 or 260, respectively. 117 of 125

118 Tank Vessel and Salvage Industries Meet to Discuss New Salvage and Firefighting Regulations June 5, 2009 On May 20, AWO and INTERTANKO representatives met with the American Salvage Association (ASA) to discuss implementation of the U.S. Coast Guard's salvage and firefighting final rule, published on December 31, (For a summary of the rule, see the January 16 AWO Letter.) The purpose of the meeting was to learn from the salvage industry how it foresees response providers meeting the planning standards contained in the rule, and attempt to develop common perspectives on input to provide to the Coast Guard as it develops a Navigation and Vessel Inspection Circular (NVIC) providing further clarification of the rule. Meeting attendees included Jim Guidry, Kirby Corporation; Mike Magill, K-Sea Transportation, Inc.; Jennifer Carpenter, Senior Vice President-National Advocacy, AWO; Mary McCarthy, Government Affairs Associate, AWO; Joe Angelo, Director of Regulatory Affairs and the Americas, INTERTANKO; John Witte, President, American Salvage Association; and, Dick Fredericks, Executive Director, American Salvage Association. Representatives of the Chamber of Shipping of America and American Petroleum Institute were unable to attend the meeting but remain engaged in the ongoing tank vessel-salvage industry discussions. In response to questions from AWO and INTERTANKO, ASA expressed confidence that response providers will have the salvage and firefighting assets to respond in compliance with the rule in all locations by June 1, 2010, the date by which tank vessel response plan holders must submit an amended response plan to the Coast Guard. (ASA acknowledged that there are still some remote areas today where salvage and firefighting coverage is not available within the time frames specified in the final rule.) ASA also advised that the salvage providers are working to position themselves to act as "general contractors" who will either directly provide or subcontract for the required salvage and firefighting services. This would enable tank vessel owners to contract with one (or a small number) of service providers (a "one-stop shopping" business model), rather than a large number of salvage and firefighting providers throughout their geographic area of operation. AWO, INTERTANKO and ASA also reached agreement on a recommended approach to the regulatory requirement that contracts with a salvage provider including a funding agreement that must be submitted to the Coast Guard. The organizations agreed that it is unnecessary and inappropriate to provide detailed funding agreements containing rates and other proprietary information that the Coast Guard does not have the expertise to review and cannot guarantee to protect. Anticipating that clarification of what constitutes an acceptable funding agreement will be addressed in the forthcoming Coast Guard NVIC, the organizations agreed to jointly recommend to the Coast Guard that the documentation required to be included in a response plan be limited to a signed attestation by both parties (the tank vessel owner and the resource provider) that a funding agreement has been executed, the duration of the contact, and a statement that incident response will not be delayed to work out contract details. Participants agreed to seek a meeting with the Coast Guard to discuss the common guidance on the development of the NVIC that came out of the meeting. For more information, please contact Ms. Carpenter or Ms. McCarthy at (703) , extensions 260 or 254, respectively, or via at jcarpenter@vesselalliance.com or mmccarthy@vesselalliance.com. 118 of 125

119 House Passes TSA Authorization Act Congress One Step Closer to Eliminating Second Trip to TWIC Enrollment Center June 5, 2009 On June 4, the House of Representatives passed the Transportation Security Administration (TSA) Authorization Act (H.R. 2200) by a vote of As reported in the May 22 edition of the AWO Letter, the bill includes language that would require TSA to develop a process for mailing Transportation Worker Identification Credentials (TWIC) to applicants homes, thus eliminating the requirement for a second trip to the TWIC enrollment center. Section 403 of H.R. 2200, which was introduced on the House floor by Rep. Sheila Jackson-Lee (D-TX), requires that Within 180 days after the date of enactment of the Transportation Security Administration Authorization Act, the secretary shall develop a process to permit an individual approved for a transportation security card under this section to receive the card at the individual s place of residence. The bill includes other provisions aimed at improving the efficiency and practicality of the TWIC program, including time limits within which TSA must review TWIC applications and requests for waivers and appeals; a provision allowing escorting of individuals who have applied for but not yet received a TWIC; a requirement that TSA establish procedures allowing fingerprinting to be conducted at security facilities (other than TWIC enrollment centers) operated by or under contract to agencies of the Department of Homeland Security; and, the prohibition of a separate security background check. House passage of the TSA Authorization Act marks the first substantive step towards the elimination of the burdensome second trip requirement for TWIC applicants, one of AWO s legislative priorities for A companion bill has not yet been introduced in the Senate but is expected to be considered this summer or early fall. AWO thanks Homeland Security Chairman Bennie Thompson (D-MS) and Border and Maritime Transportation Subcommittee Chairwoman Loretta Sanchez (D-CA) for their leadership in passing this important legislation. AWO also thanks those member companies who engaged in grassroots advocacy on this issue during the April Barge-In, and the maritime labor unions with whom the association worked closely in supporting passage of the bill. If you have any questions, or if you would like to receive a copy of the specific language, please contact Jennifer Carpenter or Chris Coakley at (703) extensions 260 and 297, respectively, or via at jcarpenter@vesselalliance.com or ccoakley@vesselalliance.com. 119 of 125

120 AWO Urges Changes to Proposed TWIC Card Reader Requirements June 5, 2009 On May 26, AWO submitted comments to the U.S. Coast Guard on the agency s March 27 Advance Notice of Proposed Rulemaking (ANPRM) on the Transportation Worker Identification Credential (TWIC) Card Reader Requirements. As reported in the April 13 edition of the AWO Letter, the ANPRM proposes to exempt vessels with crews of 14 or fewer from carrying readers on board. In its comments, AWO supported the Coast Guard s recognition that electronic card readers add little or no security value in some circumstances, but offered an alternative view of how the concepts of risk and valueadded should be applied in deciding whether and where electronic card readers should be required. Writing on behalf of AWO s members, Jennifer Carpenter, AWO Senior Vice President-National Advocacy, outlined the intellectual framework that AWO believes should guide the development of card reader requirements. This framework is based on four premises: 1. The use of card readers on vessels is not required by the Maritime Transportation Security Act of 2002 (MTSA), the SAFE Port Act of 2006, or any other Congressional mandate. 2. A risk-based approach to the card reader question should take into account all of the risk-reduction measures that have been implemented pursuant to MTSA 2002 and the SAFE Port Act, and consider the incremental value to be gained from a card reader requirement. 3. The requirement for certain personnel to obtain a TWIC has added significant security benefits that exist independently of the use of card readers. 4. Operational factors, such as crew size and the number of individuals attempting to gain access at one time, are critical in determining the value of a TWIC reader in a given circumstance. Applying these premises together, AWO recommended a simpler, clearer approach to the establishment of TWIC reader requirements for vessels. First, AWO recommended that the Coast Guard exempt outright vessels with fewer than 14 crewmembers, a similar but more straightforward approach than the Coast Guard s own suggested method of recurring unescorted access. Additionally, AWO urged the Coast Guard to eliminate the risk group concept for vessels, expressing serious concerns about the practicality of tying reader requirements to a risk-based system that does not mesh well with the day-to-day operations of towing vessels. Under the risk group structure, Ms. Carpenter noted, it will be common for towing vessels to move back and forth between risk groups from A to C and back again depending on the cargo of the barge in tow. The proposed requirements do not seem to take this operational reality into account. AWO also urged the Coast Guard to eliminate the requirement that vessel owners use a card reader to conduct an initial biometric match of a new employee s TWIC. It is redundant to impose this requirement on vessel owners when the same match has already been conducted by TSA at the time of card activation, wrote Ms. Carpenter. Instead, AWO proposed that vessel owners should be required to conduct a thorough visual inspection of the TWIC when any crewmember requiring a TWIC has been hired; when that crewmember boards the vessel at the beginning of his or her tour of duty; and, when any authorized TWIC carrying non-employee seeks unescorted access to the vessel. Lastly, AWO supported the concept of a privilege granting system in which TSA notifies employers when an employee s card has been placed on the Hotlist. AWO recommended that privilege granting be the standard mechanism for allowing employers to ensure the continued validity of employees TWICs and that there be no fee associated with this service. If you have any questions, or would like to receive a copy of AWO s comments to the docket, please contact Jennifer Carpenter or Brian Vahey at (703) , extensions 260 or 251, respectively, or via at jcarpenter@vesselalliance.com or bvahey@vesselalliance.com. 120 of 125

121 Biographies 121 of 125

122 Captain Tom Hooper is the Chief of the Western Rivers Division at the Eighth Coast Guard District Office in New Orleans, LA. He supervises the three Coast Guard Sector Commands on the rivers. Captain Hooper was born in Texas and grew up in St Louis, Missouri. He enlisted in the Coast Guard in 1973 and went to basic training in Alameda, California. He was in the Ceremonial Honor Guard in Washington, D.C. as a seaman and as a Boatswain's Mate he ran small boats in Virginia and served in a seagoing buoy tender in Adak and Kodiak, Alaska. Captain Hooper was commissioned in 1980 at Officer Candidate School and returned to Juneau, Alaska on another buoy tender as an Ensign. He has had three commands afloat a 95 foot patrol boat in Alaska, a 110 foot patrol boat in Florida and a 180 foot buoy tender in California. He was an instructor and platoon officer at Officer Candidate School and he's had staff assignments at a District Office, Area Office and Headquarters. Captain Hooper s personal awards include four Meritorious Service Medals and three Coast Guard Commendation Medals. He is married and has two grown children, a son in the Army and a daughter who is a high school math teacher in the Recovery School District in New Orleans. 122 of 125

123 Captain Lorne W. Thomas, U. S. Coast Guard Chief, Prevention Division Ninth Coast Guard District, Cleveland Ohio Captain Lorne Thomas reported aboard in Cleveland in July of 2007 as the Prevention Division Chief position for the Ninth Coast Guard District. He is responsible for and for supporting the Coast Guard field units on the Great Lakes in the execution of Coast Guard missions and developing regional policy with respect marine safety, waterways management, environmental protection, aids to navigation, bridge administration, ice breaking and the CG Auxiliary. Originally from the Boston area, Captain Thomas graduated in 1981 from the United States Merchant Marine Academy at Kings Point NY with a degree in Nautical Science. He worked on several different vessels in the U.S. merchant marine prior to receiving his Coast Guard commission from Officer Candidate School in Captain Thomas was initially assigned as a Deck Watch Officer aboard the CGC VIGILANT (WMEC- 617), a medium-endurance class cutter homeported in New Bedford MA. His underway patrol experience included fisheries enforcement in the Northwest Atlantic and narcotics interdiction in the Caribbean. In 1986, Captain Thomas entered the Marine Safety field at the Marine Inspection Office in New York. He conducted inspections on vessels in the New York City area and on the U.S. merchant fleet operating overseas in Europe, Africa and the Middle East. He also served as the Training Officer and the Assistant Chief of Investigations. In 1990, he completed a six-month long Port Safety Industry Training program with the ports of San Francisco and Oakland CA. This training program prepared him for his follow on tour at Marine Safety Office San Francisco Bay where he served as the Chief of Port Safety and Waterways Management Activities as well as the Chief of the Marine Environmental Response Division. In 1994, Captain Thomas attended The George Washington University and obtained a Master s Degree in Environmental Resource Policy. He subsequently served at Coast Guard Headquarters in the Marine Safety and Environmental Protection Directorate s Office of Response from 1996 to Following this staff assignment, Captain Thomas served as the Executive Officer, Marine Safety Office Wilmington North Carolina from 1999 to 2002 followed by a tour as Commanding Officer of the Marine Safety Office in Cleveland Ohio from 2002 to In July of 2005, Captain Thomas reported to Coast Guard Headquarters in Washington DC to head up the Operating and Environmental Standards Office where he led the development of a wide variety of national and international standards and regulations for the maritime industry. In July 2007, CAPT Thomas returned to Cleveland. Captain Thomas personal awards includes a three Meritorious Service medals, two Coast Guard Commendation Medals; three Coast Guard Achievement Medals; and two Commandant's Letter of Commendation Awards. He proudly wears four Unit Commendations, three Meritorious Unit Commendations, and three Meritorious Team Commendations. 123 of 125