Washington Waves: Waterway News From D.C.

June 6, 2025

A unanimous decision by the Supreme Court narrowing review requirements under the National Environmental Policy Act (NEPA) triggered robust reactions from key members of Congress.

Sen. Shelley Moore Capito (R-W.Va.), chairman of the Senate Environment and Public Works Committee, applauded the decision, predicting it will allow important infrastructure initiatives to move forward by focusing NEPA reviews on the impacts of projects at hand instead of hypotheticals.

“This is a big win for permitting reform,” Capito said.

Rep. Bruce Westerman (R-Ark.), chairman of the House Natural Resources Committee, agreed.

“The court’s ruling recognizes NEPA as a process statute, responsibly limits its scope and helps return the law to its original intent,” he said.

Rep. Jared Huffman (D-Calif.), the House committee’s ranking member, warned the court’s decision will allow agencies to ignore climate and health impacts on communities that will suffer the consequences.

“This ruling adds to the chaos and confusion already unleashed by the Trump administration’s sabotage of agencies’ NEPA procedures,” Huffman said.

The court’s 8-0 decision came in the case of Seven County Infrastructure Coalition v. Eagle County, Co.

Trade Deal

President Donald Trump announced that Chinese President Xi Jinping and he discussed “the intricacies of our recently made, and agreed to, Trade Deal” during a phone call that lasted approximately 90 minutes.

“The conversation was focused almost entirely on TRADE,” Trump said in a post on Truth Social that also was released by the White House. “Nothing was discussed concerning Russia/Ukraine or Iran.”

Trump said the call “resulted in a very positive conclusion for both countries.”

“There should no longer be any questions respecting the complexity of Rare Earth products,” the president said. “Our respective teams will be meeting shortly.”

Trump said Xi and he exchanged invitations to visit each other’s countries.

“As presidents of two great nations, this is something that we both look forward to doing,” Trump said.

Tariff Update

For now, Trump’s “Liberation Day” tariffs remain in place. That action was granted by the U.S. Court of Appeals for the Federal Circuit in response to the Trump administration’s appeal of a ruling by the United States Court of International Trade.

That ruling stated the president had exceeded his authority on tariffs under the International Emergency Economic Power Act (IEEPA) of 1977. The appeals court’s injunction gives it time to hear arguments from all parties involved.

FMC Comments

The Federal Maritime Commission (FMC) is requesting comments on its plan to revoke certain exemptions that had been granted to controlled carriers, allowing for their rates, charges, classifications, rules or regulations to become effective with less than 30 days’ notice. Under the plan, revocation would apply to exemptions granted to entities that have since been removed from the FMC’s list of controlled carriers. Exemptions granted to controlled carriers still on the FMC list would continue to be valid but may be reviewed in the future.

Due by June 30, comments should be written in English and identified by Docket No. FMC-2025-0010. Comments can be submitted electronically at www.regulations.gov. For additional information, contact David Eng at 202-523-5725 or Secretary@fmc.gov.

Underwater Surveys

The Coast Guard has issued NVIC 01-89 Change 1 providing updated guidance for underwater surveys on U.S.-flagged vessels. According to the service’s announcement, the change streamlines the regulatory framework to reduce costs and increases the competitive advantage of the American Registry without compromising safety.

The update is the result of collaboration with the marine industry and Coast Guard Authorized Classification Societies (ACS) and supports executive actions and national policy for the U.S. Merchant Marine to conduct waterborne commerce at all times and to eliminate redundant regulatory requirements on U.S. strategic sealift vessels.

The American Waterways Operators (AWO) predicted the changes “will drive real cost savings for both vessel operators and the Coast Guard” as well as support shared AWO and Trump administration priorities to reduce regulatory burdens.

Key features include authorization to use Remotely Operated Vehicles (ROVs) to conduct UWILD exams, reduction of operational costs and elimination of barriers to enrollment, duplicative drydock dates and redundant requirements between the Coast Guard and ACS programs.

For additional information, contact CGCVC@uscg.mil.

Coast Guard Guidance

The Coast Guard announced a change in policy letter titled “Portable Accommodation Modules (PAM) Guidance” to increase flexibility by incorporating additional design standards and to implement a risk-based inspection process that streamlines the compliance verification processes by eliminating unnecessary plan submittals and inspections.

PAMs are temporary quarters used in the offshore energy industry.

“These modules provide essential living and working space for personnel on offshore locations, such as platforms, rigs and vessels,” the service stated.

The updated CG-ENG Policy Letter 01-16 clarifies that the Coast Guard said its policy is to accept the plan review, survey and documentation processes of classification societies for PAM and provide specific guidance to inspectors for determining when lower-risk PAM installations do not require Coast Guard plan submittal or inspection.

For additional information, visit the Office of Design and Engineering Standards (CG-ENG) or contact CGENG@uscg.mil.

Online NVDC Submissions

The National Vessel Documentation Center (NVDC) posted a notice that, as of October 1, its application and submission process will be transitioned to an all-electric request system. NVDC encouraged customers not already utilizing its secure web-based system at eStorefront or through the website to do so at the next available opportunity.

On October 1, checks, credit cards, cash and money orders will no longer be accepted in accordance with President Trump’s executive order “Modernizing Payments To and From America’s Bank Account,” the agency said. Application packages received by mail on or after the October 1 deadline will be returned via USPS.