Monita W. Fontaine, Esq., NMMA Vice President, Government Relations |
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Issue 11 - Jan. 16, 2003 |
I. REGULATORY ROUND-UP
Government regulations that affect your bottom line
NMMA Submits Comments Re Evaporative Emissions to EPA
On Jan. 7, NMMA submitted written comments, which accompany oral testimony given on Oct. 7, 2002, to the U.S. Environmental
Protection Agency regarding the Proposed Rulemaking on Evaporative Emissions. Comments reflect members' primary concerns that
some methods suggested by EPA to reduce emissions would be unsafe for boaters, untimely and too costly to implement, especially
for small businesses. NMMA's comments may be viewed at www.nmma.org/government/environmental/
under the title, "Regulatory News."
California Anti-Boating Group Petitions EPA to Raise Marine Emission Standards
Bluewater Network has petitioned the U.S. Environmental Protection Agency to raise emissions standards for outboard marine engines.
The well-funded anti-boating group suggested the establishment of a corporate average emissions cap and a requirement for placing emissions
labels and mufflers on all new marine engines. Bluewater cites the California Air Resource Board's stringent emissions regulations as a
model for EPA. NMMA is closely following the federal agency's reaction to this ill-considered petition. To read the entire petition, visit
www.nmma.org/government/local/downloads/documents/bluewater-petition.pdf.
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II. FEDERAL FINDINGS
Recreational Marine Employment Act to be Reintroduced this Congress
Congressman Keller (R-FL) has indicated an interest in reintroducing legislation from last Congress to remove the recreational boating industry from
requirements for expensive longshore insurance, thus placing the industry under state workers' compensation laws. A Senate sponsor is still needed to
introduce a companion bill. The Recreational Marine Employment Act (RMEA), which was initiated by NMMA, MOAA, MIASF and the RMEA Coalition, is expected
to be similar to last year's except for the addition of the test driving of boats during the manufacturing process as part of the definition of
recreational activities to be exempted from the longshore insurance coverage.
U.S. Copyright Office to Study Problems with Boat Designs on the Internet
Many small boat builders have refused to use available copyright protection out of fear of theft and foreign competition. In the Fall of 2003,
the U.S. Copyright Office must report to Congress on the findings of copyright law effectiveness for boat manufacturers and the
impact on consumers. Due to NMMA's efforts with the Vessel Hull Design Protection Act, boat builders have copyright protection of their boat designs;
however, problems have arisen because designs are placed on the Internet for "easy access" when companies research copyrighted products in an effort
to protect their own designs. A public notice will be published in the Federal Register as early as January or February with a public hearing in Washington,
DC in late March/early April. NMMA continues to work with U.S. Copyright staff to protect boat builders' intellectual property.
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III. STATES AND LOCALITIES
Lemon Law Introduced in New York
On Jan. 8, New York Assemblyman Ivan Lafayette introduced a "lemon law" that would create an "implied warranty" for new boats requiring a manufacturer,
its agents and authorized dealers to make repairs, or provide a full refund, if the consumer reports a product "defect" within two years of purchase.
Under the terms of the legislation, a defect is one that "substantially impairs" the use and value of the craft and is not repairable. Manufacturers
assume the largest burden in providing a refund or replacement remedy for the consumer, though the bill does allow for courts to "apportion liability"
if other parties are involved. The bill is a perennial reintroduction, having failed to garner legislative approval in each of the past ten years and
has been referred to the Assembly Committee on Consumer Affairs and Protection. NMMA will work with its NY lobbyist to oppose this legislation.
No New PWC Ban in Rhode Island - For Now
PWIA is edging closer to a victory in its efforts to stop a campaign by the Narrow River Preservation Association (NRPA) to ban personal watercraft
(PWC) on Rhode Island's Narrow River, which flows through the towns of South Kingstown, North Kingstown and Narragansett. Thankfully, the Town of South
Kingstown Waterfront Advisory Commission officially opposes bans of PWC on the Narrow River. In fact, local sources have indicated that the fervor of some
Town Council members supporting a ban seems to be waning in the face of industry and activist opposition.
New Jersey Boat Commission Drops Speed Limit Proposal
On Jan. 8, the New Jersey Boat Regulation Commission (BRC) voted to drop a broad, statewide speed limit proposal in favor of a study on no-wake zones
and low speed zones on waterways. The Commission meets again in February with a public report likely in March or April. Though the Commission's
decision is good news for NJ boaters, legislation that would empower state police to set waterway speed limits remains pending in the state legislature.
NMMA continues to work with NJ legislators on this issue.
PWC Use Extended at Lake Mead
A temporary ban on personal watercraft (PWC) at Lake Mead National Recreation Area (AZ/NV) that was to begin Jan. 1 has been delayed as Bluewater
Network approved an extension to their settlement agreement with the National Park Service. The new agreement allows PWC use to continue - although
very few people are on the water in the winter - until April 10, by which time a final rule allowing PWC must be completed. A final Environmental
Impact Statement was released this month, a Record of Decision is expected to be signed in February and a final rule released prior to the April
10 deadline.
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IV. OUTREACH
NMMA Highlights Boating Issues with Key Democrats
House Democratic Whip Steny Hoyer (MD), Reps. Brian Baird (D-WA), Ben Cardin (D-MD) and Chet Edwards (D-TX) indicated interest in joining the
Congressional Boating Caucus at the January Democratic Congressional Campaign Committee Winter Meeting in Vail, CO. NMMA also spoke with House
Democratic Leader Nancy Pelosi (CA) about boating issues and jobs, and with Mark Udall (D-CO) on the importance of boating recreation to family
life and health.
MOAA, BoatU.S., Federal Government Meet to Discuss Dredging
On Dec. 20, 2002, MOAA hosted the first in a series of national roundtables designed to explore means of making the dredging of recreational boating
harbors more timely, cost effective and efficient. Roundtable participants included representatives from the Boat Owners Association of the United
States (BoatU.S.), U.S. Army Corp of Engineers, U.S. Environmental Protection Agency and the National Oceanographic and Atmospheric Administration.
The meeting opened a dialogue with the assembled agencies and presented the industry's viewpoint of the crisis facing the recreational boating industry
due to the lack of efficient and effective dredging methods. The next meeting of this working group will be held in March.
NMMA Aids in Planning 2003 National Safety Campaign for Boating
In early January, NMMA's Vice President of Government Relations Monita Fontaine was inducted onto the Board of the National Safe Boating Council at its
annual Board Meeting in Orlando, FL and contributed to planning efforts for the 2003 National Safe Boating Week to be held May 17-23. The week-long campaign
will provide extensive media coverage, local exhibits and special programs - all on safe boating. Campaign partners include National Safe Boating Council, U.S.
Coast Guard Office of Boat Safety, Canadian Coast Guard, Canadian Safe Boating Council and National Association of Boating Law Administrators. For more information,
visit www.safeboatingcampaign.com.
NMMA Will Host Congressional Events at Miami International Boat Show
NMMA and the Congressional Sportsmen's Foundation (CSF) will co-host recreational boating and fishing events while showcasing the Miami International Boat
Show in February. NMMA has invited several Senators and Representatives to participate in a variety of weekend educational activities which include deep sea
fishing, testing high performance boats, and touring the show. This is the first time NMMA has undertaken a large-scale political event at a boat show with members
of Congress. The objective is to demonstrate new technology and discuss issues anticipated to take center stage in the 108th Congress, such as carbon monoxide, access,
longshore insurance, recreational fishing and trade.
Boating Industry Welcomes 108th Congress
On Jan. 7, the boating industry welcomed new and re-elected Senators and Representatives following swearing-in ceremonies for members of the 108th Congress.
NMMA and PWIA visited with newly elected, and NMMA PAC supported, Sen. Jim Talent (R-MO) and met briefly with Speaker Dennis Hastert (R-IL) during his
reception honoring industry representatives who were instrumental in increasing the GOP majority. While at the reception, Reps. Mark Kennedy (R-MN),
Paul Ryan (R-WI) and Tom Tancredo (R-CO) each indicated a desire to join the Congressional Boating Caucus.
NMMA Pursues Membership to Lead Public Policy, Political Governing Committee
NMMA is seeking industry leaders to serve on both the new NMMA PAC Committee Board of Trustees, which approves all political contributions, and
its working group, the Strategic Cabinet, to develop public policy positions and grassroots agendas. Formerly the NMMA Government Relations Committee,
the newly restructured NMMA PAC Committee will be the industry's decision-making body for both public policy and political issues, reporting directly to
the NMMA Board of Directors. For further information on the Committee and the recommended criteria to serve, contact Kelly Bobek at (202) 721.1608;
kbobek@nmma.org.
Consumers to be Educated at NMMA Government Relations Booth in Miami
NMMA Government Relations will staff a booth at the Miami International Boat Show to provide consumers with information on legislation and regulations
impacting boating safety, while showcasing initiatives the industry has undertaken to make the boating experience safer and more pleasurable. Some of the
issues will include Wallop-Breaux reauthorization, carbon monoxide safety, recreational fishing/resource awareness and waterway access. NMMA looks forward
to educating consumers on the programs manufacturers are actively pursuing on their customers' behalf.
NMMA, PWIA and MOAA to Meet Jointly with New Members of Congress
NMMA, PWIA and MOAA will educate the 68 new freshmen members of Congress on boating and fishing issues, the many marine businesses located in their
districts/states and the Boating Caucuses. The one-on-one meetings will begin this month. In addition to NMMA Government Relations' concerted recruitment
and education efforts, the Boating Caucus Co-Chairs are distributing letters to their colleagues in January inviting them to join the ever-growing Senate
and Congressional Boating Caucuses.
Join your peers at The American Boating Congress, the all industry marine legislative conference, formerly called LegCon, in Washington, DC on
May 5 & 6, 2003 to create the 2003-04 Boating Industry Legislative Agenda. Visit
http://www.nmma.org/abc/inforequest.asp to request registration
information.
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WASHINGTON OFFICE CONTACT INFORMATION
For more information on any of the topics discussed, or for general comments, please contact:
- NMMA Public Affairs Coordinator, Vanessa Bilanceri at (202) 721.1613; vbilanceri@nmma.org
- MOAA Manager of Communications and Education Stephen Wakefield at (202) 721.1622; swakefield@nmma.org
- PWIA Public Affairs Manager Elinore Boeke at (202) 721.1621; eboeke@pwia.org
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