Washington Waves: Waterway News From D.C. – Oct. 10, 2025
The Senate confirmed Michael Rutherford of Florida to serve as the Department of Transportation’s first assistant secretary for multimodal freight infrastructure and policy. Confirmation for the former railroad executive came as part of an en bloc amendment that included a number of nominations for various federal agencies.
During his confirmation hearing before the Senate Commerce, Science and Transportation Committee, Rutherford spoke of the importance of the effort on the National Multimodal Freight Network with its 21,000 waterways, 140 marine ports, 78,000 roadway miles, 80,000 rail miles and 65 airports.
“Given this significance, we must get it right,” he said.
Rutherford also spoke of the Freight Office’s key function in facilitating data-sharing opportunities among stakeholders. He addressed the successes of the Freight Logistics Optimization Works (FLOW) that provides what he described as invaluable supply chain visibility that aids in the operating environment at the nation’s ports.
The office Rutherford will hold was conceived originally in the 2020 National Freight Strategic Plan and created by Congress in 2021, the Department of Transportation (DOT) stated.
According to DOT, Rutherford will be responsible for developing national freight policy and data-sharing initiatives while working closely with industry and transportation leaders as well as state and local transportation agencies.
Rutherford also will oversee all freight-related grant programs, research efforts and lead working groups across DOT, including efforts tackling the problem of cargo theft.
Shutdown Update
With no end in sight, the federal government shutdown veered toward its third week as the Senate repeatedly fell short of the 60 votes needed to move toward a roll call on a stopgap funding measure.
A comment early last week by President Donald Trump indicating that negotiations were underway was quickly dismissed by others as both sides continued to repeat their talking points.
Republican leaders focused on their clean continuing resolution, which the House already passed, that would fund federal agencies into November.
Leading Democrats insisted on beginning negotiations now on health care issues such as extending subsidies past December for those who receive insurance coverage through the Affordable Care Act.
Pressure could grow on both sides as pay is withheld from troops in the military and civilian workers, such as air traffic controllers, and as Americans begin receiving notices about upcoming hikes in their insurance premiums.
DOT Rule
The Department of Transportation issued an interim final rule (IFR) barring race- and sex-based contracting requirements from federal grants. According to the agency’s notice in the Federal Register, the IFR took effect October 3 to ensure the agency “operates its Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) programs in a nondiscriminatory fashion in line with the law and the U.S. Constitution.”
Comments on the IFR, which must be received by November 3, may be submitted under Docket No. DOT- OST-2025-0897 via www.regulations.gov, by mail at U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave. SE, Washington, DC 20590 or hand delivered to U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave. SE, Washington, D.C.
For additional information, contact Peter Constantine at 202-658-9670 or peter.constantine@dot.gov.
Coast Guard Secretary
Homeland Security Secretary Kristi Noem, whose department includes the Coast Guard, issued a statement publicly endorsing a letter from Secretary of War Pete Hegseth supporting the creation of a secretary of the Coast Guard.
As part of a “full-scale effort to revitalize the Coast Guard,” Noem also requested that Congress create that position. Legislation that includes such a provision is working its way through Congress.
According to her agency, having a Coast Guard secretary would better equip the service to conduct its already successful joint operations with other branches of the armed forces.
In his letter to Noem, Hegseth said the Department of War believes the establishment of a secretary of the Coast Guard would ensure that, in times of peace or war, the service is postured to support the full spectrum of national security operations.
Request For Information
The Coast Guard issued a Request for Information (RIF) to receive input from the public concerning the operations of multiservice vessels (MSVs), specifically regarding the use of vessels of opportunity (VOOs), to help assess the current state of MSVs and VOOs in support of the marine transportation system and oil spill response activities.
Comments, which must be received by December 1, may be submitted at www.regulations.gov under Docket No. USCG-2025-0248.
Providing guidance on the public response, the Coast Guard listed questions ranging from the operational and regulatory challenges for MSVs, recommendations on improving policy, current industry practices for MSV operations and inspections, considering geographic and regional challenges to the legal definition of VOOs and how it aligns with the understanding of how they operate.
For additional information, contact Jennifer Hnatow at 202-372-1216 or Jennifer.L.Hnatow@uscg.mil.
NEPA Compliance
The Council on Environmental Quality (CEQ) issued a memorandum to assist federal agencies with compliance with the National Environmental Policy Act (NEPA) and with establishing or revising agency NEPA implementing procedures. Issued September 29, the guidance updates and replaces initial guidance issued on February 19 and includes an overview of NEPA and a discussion of recent amendments to the statute, recent case law as relevant to implementation of NEPA and guidance for agencies to use when establishing or revising agency-specific NEPA implementing procedures.
The memo can be viewed online at www.nepa.gov. For additional information, contact Jomar Maldonado at 202-395-5750 or Jomar.MaldonadoVazquez@ceq.eop.gov.
