Marine Transportation System

New Congress. New Maritime Policy?

In Congress, Leadership, MTS Policy, Politics on November 15, 2014 at 3:30 pm

As the first draft of this piece was being put to page some small percentage of voters were practicing their citizenship at the polls. The prospects for the Democrats, as a whole, were not very good. Ten days later, and as I now refine this text, the field still is being cleared of Election Day debris. Not just the sloppily pinned signs on the road medians but prognosticators’ tattered reputations and a few shattered incumbents were strewn on the political landscape in need of reclaiming. By far more than the paid pollsters divined in the weeks before November 4, the Republicans were handed the reins in Congress and a number of State Houses. The party consolidated its control of the House and leapt into the majority in the Senate with at least 53 seats and a net gain of eight. The final count awaits a December conclusion in Louisiana where GOP prospects in the run-off are good.

Public dissatisfaction with government in Washington is close to universal but for reasons I will leave to others to explain the Republican Party benefited substantially more than its competition and that will keep them in power, especially at state level, for several years to come. As if speaking for his fellow Republicans across the country re-elected Gov. Sandoval (R-NV) said, “This is a night to savor.”

By the numbers, incumbent US Senate Republicans will be vulnerable in 2016…but let’s not get ahead of ourselves. The matter before us is the next two years of the 114th Congress.

This week the rank and file of both parties in both chambers opted to retain current leadership. Soon we will learn the names to inhabit chairmanships, ranking minority posts, and committee lists. Meanwhile, in the current lame duck session the legislature is expected produce appropriations to keep the government functioning through the fiscal year. They will decide whether the Keystone XL pipeline project should be started, and take up a few other must-pass items before bringing the 113th Congress to a close.

Long before Election Day the US-flag maritime community nervously eyed voter surveys because of what a possible Republican return to power in the Senate could mean. Now, the controlling party is known; how that majority will be reflected in maritime related legislation will be something to watch.

One can easily find Republican legislators who are considered friends of the US maritime industry, whether driven by interest in US-flag cargo preference policy, shipyard activity, the labor force, other sectors that benefit by existing policy, or just a sense of what a nation should say about its maritime capability, security, etc. But that doesn’t mean that the maritime community in Washington, DC was sanguine or unconcerned about the prospect of the GOP taking the lead in producing legislation. In fact, unions, shipyards, US flag operators and others with a stake in the status quo were in varying degrees of pre-election anxiety.

The community has been frustrated with the Obama Administration’s willingness to ease cargo preference requirements. Now, potentially as problematic, Republican legislators who, for philosophical or constituency reasons, have not been inclined to extend Ex-Im Bank authorization or fund cargo preference policy—both key issues for the US merchant marine—will have more influence in policy setting. Add to that the fact that congressional support for the Jones Act is lacking in some quarters where the marketplace is revered and shipper interests—including domestic petroleum producers—would exchange the US flag for lower vessel costs. Some ports hit hard by disruptive events and who need short term Jones Act waivers in order to manage logistics crises, may find some more receptive offices.

A few years ago Jones Act and US-flag interests started Maritime Industry Congressional Sail-In Day to lobby the Hill with a particular aim to educate legislators who are new to maritime issues. The old guard–those who recall there once was a House Merchant Marine and Fisheries Committee, soon 20 years defunct—are nearly gone from Congress as a consequence of natural and electoral attrition. (The American maritime sector has suffered from attrition as well, with a reduced presence in international shipping and, in some respects, an aging Jones Act sector.)

More recent Republican additions to Capitol Hill are a decidedly more conservative population—some of them Libertarians and self-identified tea partiers—who are more market- and less government-oriented. They arrive in Washington with little knowledge of the American maritime tradition and even less of its policy and the rationale behind that policy. They read material from policy critics and, presumably, its advocates.

On the Senate Commerce, Science & Transportation Committee are Marco Rubio (R-FL), Ted Cruz (R-TX) and Ron Johnson (R-WI) who, for example, have opposed reauthorizing the Ex-Im Bank (“corporate welfare”) and could be in the mix to chair the subcommittee with jurisdiction over maritime policy. Veteran John McCain (R-AZ), the likely next chair of the Armed Services Committee, has a record of proposing the repeal of the Jones Act. Referring to a McCain quote in a Wall Street Journal blog, a union newsletter carries this heading: “Sen. John McCain Calls Jones Act’s National Security Benefits Laughable.”

Maybe change is coming, maybe not.  If anything, there is a good chance we will see more jousting on US maritime policy.   Pbea

Europe is Breaking the Egg

In Efficiency, Energy/Environ, Infrastructure, MTS Policy, Ports on October 5, 2014 at 11:16 pm

Before we get to John Graykowski’s “Europe is Breaking the Egg” I would like to pose my own chicken-and-the-egg question as one might ask it here in Wonkington, D.C. Which comes first: the policy or the strategy? One might also ponder how good is a forward looking strategy when the policy is of the past century. The Maritime Administration is preparing a “National Maritime Strategy.” It is a principal objective of Administrator Chip Jaenichen and probably has been encouraged by congressional supporters of the U.S. flag industry who, like most of us, have not liked seeing the merchant fleet decline but who, unlike us, are in a position to redefine U.S. maritime policy. The piece below begs the question whether a new national maritime strategy would benefit by first fixing the national maritime policy that for the most part has been in place while the United States lost its prominent role in world shipping. Certainly it would make it easier on Mr. Jaenichen and the Secretary of Transportation to have an updated national policy framework as a basis for new strategies to get to where we need to be. John Graykowski’s article first appeared in Pacific Maritime Magazine on September 1, 2014. You can find it here. He poses the policy question in the context of a growing American supply of natural gas and the multiple benefits to be realized by fostering a bunker switch to LNG. This is the third in his series for MTS Matters on the subject of developing LNG distribution infrastructure to advance the adoption of LNG as a marine fuel. It also is a recurring theme in these pages.  Pbea

We may soon be able to retire the tiresome “chicken and egg” cliché to describe LNG development, since there has been movement in the last year in Europe and the United States that indicates the circle may be breaking; but it’s too soon to tell whether the movement is temporary or permanent. What is apparent, however, it that Europe has moved forward in a more focused and strategic way, to create LNG infrastructure and markets, which is yielding results. By 2016, permanent LNG bunkering facilities will be in operation in Rotterdam and Antwerp – both among the largest ports in the world – thereby signaling that the supply uncertainties have been resolved. It bears asking, therefore, how Europe has done this, and whether we should consider similar measures here if the goal is to expand LNG as a marine and transportation fuel throughout the United States.

In 2008, Norway effectively made LNG the preferred fuel choice for marine operators through a combination of regulatory mandates relating to Nitrogen Oxide (NOx) and financial incentives covering up to 80 percent of the capital cost of the LNG-related components. Following these actions, the number of Norwegian vessels using LNG as a primary fuel went from 3 to 12 vessels in five years, with more than 50 vessels of various types now under construction along with the supporting LNG infrastructure. Concurrent with this, Norway is addressing the regulatory and operational issues, and is now seen as a leader in marine LNG development.

The European Union (EU) is also pursuing a comprehensive effort to increase LNG as a marine fuel with the goal of developing LNG infrastructure in every major seaport by 2020, and every inland terminal by 2025; a total of 139 ports across Europe. This goal coincides with estimates that by 2020, 1,700 dual fuel vessels will be built or converted worldwide, with many of these operating in, or calling on, the EU.

By 2020, the United Arab Shipping Corporation (USAC) dual fuel container vessels will be operating between the Far East and Europe. This activity will spawn additional interest and movement in Europe and among its global trading partners leading to a rapid transition from diesel to LNG as a major transportation fuel.

The EU is employing a “carrot and stick” approach combining financial support for the conversion and construction of vessels and infrastructure with increased regulation. Projects such as the Trans-European Network for Transport (Ten-T) and the Rhine-Main-Danube initiatives have produced significant results. $139 million has already been allocated to 7 Ten-T projects to support vessel conversion and LNG infrastructure development, with more funding promised. Support of up to 50 percent of project costs is available for vessel conversion, construction and infrastructure, and just recently the first inland dual fuel barge was delivered and will shortly begin operations.

The EU adopted an approach that combines: (1) clear and defined goals that LNG will displace traditional marine fuels; (2) increased environmental regulations; (3) financial incentives to spur the initial transition; and (4) coordination among ports, governments; regulatory agencies and stakeholders to create uniform regulatory structures. Given the intrinsic advantages of LNG, there is recognition that the market would likely drive toward greater adoption of LNG without assistance. However, many vessel owners and gas suppliers are reluctant to be the first to make the investments in LNG vessels and infrastructure regardless of the advantages. The EU has determined that these measures are necessary in order to reduce perceived risks, accelerate market decisions, and attain the stated goals for LNG deployment.

In contrast, the United States does not have a national policy to support LNG as a marine and transportation fuel. Instead, our LNG market is developing project-by-project, driven by first-adopters such as Harvey Gulf, Tote, Matson, and Crowley with no federal support or strategy; despite the tremendous benefits LNG offers to the country. While we have seen some movement in disparate locations, there is not so much as a policy statement that commits this country to the development of LNG as a transportation fuel; and there are certainly no programs to support the construction of vessels and infrastructure to make this possible nor to address regulatory uncertainties and enhance public acceptance of LNG.

The challenges and obstacles that exist here are no different from those in Europe, and LNG is new to everyone. It appears, however, that the EU has tackled this question in a more coherent, direct, and proactive way that is rapidly producing results. To be sure, there are major differences between the US and the EU in terms of governmental structures and processes. The EU can promulgate Europe-wide regulations and implement promotional programs, and has a history of doing so. Here, that role would be shared between Congress and the Executive Branch, and that is yet another challenge given the continuing dysfunction between both branches of government.

A policy declaring that LNG as a transportation fuel is in the national interest, and committing to the support, promotion and encouragement of its development would have several immediate effects:

  • It would be a clear signal to all potential stakeholders that LNG is “real” and has the backing of Congress and Administration;
  • It would put federal agencies on notice – and could require them– to collaborate with industry on practical and uniform regulation, reduced delays and greater certainty; and
  • It could include limited and temporary financial incentives such as loan guarantees or tax incentives to accelerate LNG conversion, because early adopters should be encouraged in order to build a sustaining market that benefits the entire country.

Federal resources are constrained, but without a national commitment, LNG may not gain the critical mass and momentum to create a long-term viable market. Regulatory direction is important, and does not involve direct costs, but if combined with properly structured and managed loan guarantees or tax incentives they would have a greater likelihood of jump-starting this industry at low risk and large benefit to the whole nation in emissions reductions, energy independence, economic activity in shipyards and elsewhere. The promise of LNG is so great it deserves this sort of recognition, attention, and effort. Clearly the EU sees it that way, and we should as well and the risk if we don’t address it in this way is diminished potential for LNG to transform this country and the lost opportunity to lead the world in LNG development and utilization.   John Graykowski

A Perspective on Port Dominoes

In Competition, Efficiency, Intermodal, Ports on October 3, 2014 at 12:52 am

A few days ago over 100 people packed a room at high up in Baltimore’s World Trade Center for a day-long forum on “port congestion” convened by the Federal Maritime Commission. It was the second of four planned public meetings–the first was in Los Angeles and the next two will occur in New Orleans and Charleston. The window views from the meeting venues will not be the only differences in what is observed at the four sessions but there are bound to be things in common, too.

The subject of congestion means different things depending on where you are. The severity of the problem also depends on when the post-Panamax ships will arrive in greater numbers to the Gulf and on the East Coast.

The Ports of Los Angeles and Long Beach qualify as Congestion Central if only as a matter of volume and a PierPass system that is working only too well. Some of what they are experiencing could be visited upon the Port of New York/New Jersey in less two years’ time when the Panama Canal gives way to the big ships and if certain problems are not fixed by that time. But that does not mean New York Harbor isn’t experiencing head-throbbing congestion today. Name the problem or snafu and the bistate port has experienced it like punches to the gut. So much so that it did not take much convincing to get terminals, truckers, shippers, labor, carriers and others in the room and agree to hold hands and embark on a waterfront version of a 12-step program.

Norfolk may have 50-feet of water to suit, first, colliers and now big box ships but it also is scrambling to have infrastructure and systems ready in a couple years. Truck and terminal-related problems prompted Norfolk’s own come-to-jesus/how-can-we-fix-this? process. Like other ports the problem is more on land than in the water. The concern isn’t about ships scraping bottom but about terminals getting stuck without a chassis or with too many ships and too little in the way of equipment, labor, trucks or gates. It helps that the Vice President brought a $15 million TIGER grant to Norfolk last week to help pay for improvements to gates and last-mile infrastructure over the next few years.

In the South Atlantic the stories and problems will sound a bit different, as they will in the Gulf. Ports there undoubtedly will paint favorable comparisons to their troubled brethren to the north in a sort of Alfred E. Newman way–”What, me congested?”–and not without reason. But there the trucking and chassis management problems may be only in early stages of development and more of the big ships (and perhaps big-ship-challenges) may be in their future. In fact they are counting on it.

A perspective on the problems facing terminals recently appeared in the Journal of Commerce. The opinion piece by John Crowley, Executive Director of the National Association of Waterfront Employers (NAWE, a client) was cited at the FMC forum by Bill Shea, CEO of Direct ChassisLink (DCLI) in its enumeration of congestion-inducing factors that are in play to one extent or another at U.S. container ports. Crowley pointed to 12 factors including the bunching of ship arrivals, larger ships and cargo discharges, local traffic congestion, terminal capacity and gate hours, truck driver decisions, labor shortages, and even severe weather such as has been seen in the Gulf and more recently from Superstorm Sandy. Most of those were mentioned by speakers at the Baltimore session this week.

Crowley’s piece speaks to the fact that the symptoms of what is being called port congestion are seen throughout much of the intermodal supply chain, which is to say, not just right there at the marine terminal. “The intermodal freight system…consists of market-based industry segments. There are pressures aimed at making each segment more operationally efficient and increasingly productive. It’s a system of nonstop competition, hypersensitive economics and narrow margins. We see it in the increasing size of container ships, the investments made in marine terminal technology and capacity,” etc. “The market determines demands on price and service levels from the modal carriers which, in turn is felt throughout the supply chain and by all modal carriers. Situated in the midst of those demands are marine terminals that strive for each modal operation – marine, rail and truck – to be roughly in sync.”

John Crowley “encourages all industry sectors to collaborate, as much as practicable and permissible under law, to arrive at solutions that will serve their mutual interests… Our operators rely on each mode to similarly commit. Solutions may not come as easily and swiftly as we all would like, but they will have to come about through adaptation in the marketplace by the principal actors in the intermodal freight system…” He calls for government policies that foster market solutions where possible. “We welcome positive and appropriate federal involvement that contributes to solutions but will resist unproductive, regulatory intrusions into terminal operations and where even well-intended government involvement will only frustrate the development of market solutions.” Find the full piece here.

Those views were also heard by the folks in the crowded 21st floor meeting room in Baltimore.  The Port Authority of New York & New Jersey’s Rick Larrabee described one of the guiding principals in the formation of the Port Performance Task Force 10 months ago. The port’s stakeholders had to be willing to “look inside” for answers as much to look to others in the port to fix the problems. Few of those problems stand alone. A line of dominoes is not the perfect metaphor but it will do. The trucker’s dilemma, for example, is one that is felt and affected by other actors in the supply chain. The companies and drivers have something to contribute but without changes in other sectors the drayage problems will become more severe; the congestion will worsen.

Dire predictions underscored the calls for solutions.

Collective efforts formed to tackle problems in the ports of San Pedro Bay, New York Harbor and Hampton Roads and as a result there is reason for optimism. But as several people told the FMC commissioners this week, we will have a rough year or two, starting this winter, until those solutions are implemented by the principal actors in the port marketplace.

Meanwhile, the FMC will hold its forums. The commissioners and staff are taking notes and those will emerge in some form of a report. It is good for the government to be alert to what is going on at the nation’s gateways and the problems of the freight logistics system. That agency may even decide to take some action to the extent its limited jurisdiction allows. But it is up to the chassis, terminal, truck, ship, rail and distribution center operators and the beneficial cargo owners ultimately to figure out how to make things work better.   Pbea

 

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