NOVEMBER 2010 - Association of Marina Industries

Legislation &By Wendy LarimerOctober and November turned into the months of regulatoryactivity affecting or having the potential to affect ourindustry. Action Alerts were emailed to you on most matterswhere we asked for your help. At this writing no finalizationon anything has occurred but I wanted to remindyou of what AMI has been working on.First is ethanol. By now you are aware EPA has begun allowingthe sale of E15 to vehicles built in the year 2007 and later.Pumping E15 into marine engines is still not permitted, as EPAstudies have not shown that E15 is safe in such application. EPAis holding meetings and took comments on their idea to putsafety/warning labels on E15 dispensing pumps as the meansto help boaters avoid misfueling. The results of that idea havenot been determined yet, but NMMA and many other organizationshave come out strongly against such labeling sayingit doesn’t do enough. AMI agrees with this and is encouragingour members to educate their boaters on what fuel is safe. Thisis a time to market marinas as safe places to fuel since it is unlikelyE15 will be available at marine fuel docks.Next up is the proposal by the Department of Labor toamend the Longshore and Harbor Workers’ CompensationProgram such that nearly all marinas would now haveWith BoatU.S. Insurance,You’re Not Just A Number...BoatU.S. Member Bruce Fournier aboard“G’Day” on the Braden River in Florida.“So often in this day and age,customer service representativesare indifferent in their dealingswith clients over the phone. I wasextremely satisfied with the helpfuland courteous way my insuranceinquiry was handled and want tothank you for having people ofthis caliber available for yourinsurance customers.”—Bruce Fournier,Bradenton, FLYou’re Number One!At BoatU.S., you’ll find boating experts with the answers youneed when you call. Our knowledgeable Underwriters not onlyfind the perfect coverage for your boat and boating lifestyle,we’ll work with you to help find ways to save on your premium.And, as a Berkshire Hathaway company, you can be sureBoatU.S. will be here each and every time you need us.For a fast, free quote call 1-800-283-2883or apply online at BoatUS.comPolicies Subject to Limits and Exclusions13partnershipsto carry this costly insurance, on top of their state workmen’scompensation insurance. The amendments in effect say thatany marina that stores, repairs, or really even touches anycommercial vessel (including local sheriff boats, Sea Tow,state wildlife vessels, 6 pack charter boats etc.) will have tocarry Longshore for any employee that comes in contactwith these boats. Workmen’s comp has been successfullyprotecting marina employees and Longshore isn’t needed.AMI, with NMMA, met with several representatives from theDOL to educate them on marinas and boat manufacturers,and how their amendments could drive these industries outof business. The meeting went well, with DOL taking lots ofnotes, asking questions, and thanking us profusely for talkingto them. As so often is the case, draft rules were put into placewithout the rule makers really understanding the businessesthat will pay the price. This is why AMI works hard to keepon top of draft federal rules and why we act as a voice for theindustry with agencies that are not familiar with marinas. Wehope our arguments of why the draft rules are misguided wereheard and changes will be made. Stay tuned.In early October the rules on sulfur content in diesel fuelchanged for many states and with the change came newlabeling requirements for any pump dispensing diesel. Wesent out notice of this along with information on whereto buy labels. If you have not properly labeled your pumpyet, you face fines of up to $32,000 PER DAY. You can seethe labels you need by going to http://www.marinaassociation.org/current-issuesThe labels cost about $2 each whichseems a small price to pay to save you thousands.In a rare good news in the rulemaking front, at AMI’sdrystack conference we learned that those writing the NationalFire Protection Act are looking at standardizing firerequirements for drystacks. This would replace the mishmashof local fire codes that now mandate what fire protectionis needed, often far exceeding the need or beingcompletely unreasonable. Unfortunately to do such a studytakes money which the NFPA is currently lacking, but theyare seeking sponsors or donors and then will be looking forpeople in our industry to help shape the new rules.If you want more information on the above topics visit ourweb page and check out the current issues section underthe government tab at the top.