Major Concessions on Onerous 10+2 Trade Regulation Welcomed
NMMA is pleased that U.S. Customs and Border Protection (CBP) has modified the proposed “10+2” trade regulation after evaluating feedback from NMMA and other industry partners to allow for more flexibility for marine manufacturers. The regulation, known as “10+2” because it requires carriers to submit two new documents in addition to the ten data elements required as part of an Importer Security Filing, would have required importers to report additional data on cargo destined for the United States twenty-four hours prior to the cargo shipping date. Since much of this required data would not even be available at that time, this would have created massive supply chain delays resulting in significant implementation costs, forcing many U.S. marine manufacturers out of business.
NMMA will continue to monitor how the modifications are implemented and will help establish the final rule to ensure it meets the needs of CBP as well as U.S. marine manufacturers. To read more about the revised “10+2” rule, click here or contact Bryan Zumwalt at (202) 737-9764;

NMMA Continues to Fight for Industry Economic Relief

In response to the continuing economic challenges plaguing the recreation industry, NMMA, in partnership with the National RV Dealers Association and the Recreation Vehicle Industry Association, submitted letters to President-Elect Barack Obama and Treasury Secretary Henry Paulson outlining policy recommendations to ease the credit crisis and get lending moving again for all industries, including recreation vehicle consumer and commercial financing. These letters come on the heels of NMMA’s previous recommendations to the Senate, House of Representatives and Treasury Department on how to best address instability in the financial markets and re-open the flow of credit. To learn more, download all of NMMA’s letters outlining economic relief recommendations here or contact Mat Dunn at (202) 737-9760;
NOAA Restricts Boating and Personal Watercraft Access through New Regulations on California Sanctuaries

The National Oceanic and Atmospheric Administration (NOAA) recently issued a series of new regulations for the Cordell Bank, Gulf of the Farallones and Monterey Bay National Marine Sanctuaries, all located in California. While news of a new personal watercraft zone in the popular Maverick’s area in the Monterey Bay National Marine Sanctuary is encouraging, the new regulation unfortunately prohibits motorized craft up to 20 feet in length with jet propulsion in all but five designated zones. The restriction comes despite opposition voiced at a series of six public hearings and from local and state governments and without the recommendation from NOAA’s own Sanctuary Advisory Council. To read a statement by the Personal Watercraft Industry Association (PWIA) on the new regulation, click here.

NMMA Continues Discussions with White House on Pacific Island Marine Designations

NMMA and several partners, including the American Sportfishing Association (ASA), the Coastal Conservation Association (CCA), the Center for Coastal Conservation (CCC) and the Congressional Sportsmen’s Foundation (CSF), continue high-level negotiations with officials at the President’s Council on Environmental Quality (CEQ) regarding potential large-scale special marine designations in the Central and Western Pacific Ocean. The coalition is urging CEQ and White House staff to adhere to a recent Amendment to a 1995 Executive Order on marine protected areas that clarifies that it is the President’s policy that recreational boating and angling be managed as a sustainable activity in federal waters, including new marine area designations. To read a follow-up letter from the coalition, click here. NMMA also recently joined the CCC and CCA to make the case against undue closures in meetings with officials at the U.S. State Department. In addition, House Resource Subcommittee on Fisheries, Wildlife & Oceans Chairwoman Madeleine Z. Bordallo again sent a letter to President Bush urging against an Antiquities Act designation in the Pacific Ocean.

For more information on the Pacific Island marine designations, contact Mat Dunn at (202) 737-9760;

NMMA Files Comments with EPA on Greenhouse Gas Regulation

In response to the Environmental Protection Agency’s Advance Notice of Proposed Rulemaking on greenhouse gas (GHG) emissions under the Clean Air Act, NMMA has submitted comments outlining the association’s opposition to broad Clean Air Act regulation of GHG emissions. NMMA’s comments urge EPA to look outside of the Clean Air Act as a regulatory tool because of the concern that the Act would pose grave harm to the national economy and place substantial undue hardship on marine manufacturers and boating consumers. To view NMMA’s comments, click here.
NMMA Continues Collaboration with EPA on Emission Regulation

Yesterday, NMMA met with EPA certification and regulatory staff on the recent evaporative emission regulation for marine engines issued this past October. The agency was very helpful in answering questions and providing clarification on a number of issues. However, a revised deadline for when boat builders are required to label compliant vessels has yet to be finalized. (The current deadline, which EPA recognizes is not feasible, is January 1, 2009.)

Based on NMMA’s recommendations, EPA plans to host several workshops to educate manufacturers on the revised rule. Proposed workshops include two in-person sessions in Ann Arbor, MI for engine manufacturers and evaporative emission component manufacturers as well as a Web-based session for boat builders. NMMA will work closely with EPA and ABYC to develop these workshops and provide details on how you can participate as soon as they are available.

New Lacey Act Import Law Will Apply to Marine Products

New amendments to the Lacey Act will require that all manufacturers and importers who import wood and plant products take extra steps to ensure that the products they receive are legal. This includes any unfinished and finished products such as wood flooring, cabinetry or finished boats. In addition, some products will not be able to be imported into the United States without an “import declaration.”

To learn more, click here to read the NMMA Regulatory Alert.

CPSC Confirms Life Jacket Classification

In response to NMMA’s inquiry to the Consumer Product Safety Commission (CPSC), the agency has confirmed that boats and associated equipment such as personal floatation devices remain under the jurisdiction of the U.S. Coast Guard and are not subject to regulation under the recently enacted Consumer Product Safety Improvement Act (CPSIA). To read CPSC’s response letter, click here.

For more information, contact Cindy Squires at (202) 737-9766;

Georgia Supreme Court Establishes Precedent for Local Marina Development

Last November, the Georgia Supreme Court ruled on Center for a Sustainable Coast vs. Coastal Marshlands Protection Committee, a case involving Land Resource LLC, a local developer, who was planning to build a large marina near Cumberland Harbour, a St. Marys, GA vacation home community. The case centered on whether a 38-year old state law called the Coastal Marshlands Protection Act had the power to regulate development on land adjacent to marinas, docks and bridges in state-owned tidal marshes.
The Court ruled that the Coastal Marshlands Protection Committee does NOT have the power to regulate adjacent lands, creating an important precedent for developers interested in building marinas along the Georgia coast. To read more about the court’s ruling, click here.
New FMLA Regulations Announced
The Department of Labor recently announced changes to the Family Medical Leave Act (FMLA). To download the full text of the new regulations as well as a summary document, click here.