32 AUGUST 2018 • FOGHORN NEWSWIRE We NY, too! We NY, too! On July 19, 2018, the Federal Transit Administration (FTA) published its final rule requiring operators of certain public transit modes to develop Public Transportation Agency Safety Plans. However, at the urging of PVA, this requirement does not apply to the operator of a passenger ferry that is regulated by the U.S. Coast Guard. PVA’s position is that the Coast Guard is more knowledgeable about maritime safety than is the FTA and that the Coast Guard already has extensive safety regulations for ferry vessels engaged in public transit. An FTA requirement on top of existing Coast Guard mandates would be du- plicative and confusing. New Safety Plan Requirement Does Not Apply to Operators of Ferries In announcing the new rule, FTA stated, “A transit agency that operates passenger ferry service regulated by the United States Coast Guard (USCG) … is not required to develop a Public Transportation Agency Safety Plan.” FTA further clarified its position, stating “The exclusion of ferry service regulated by USCG applies to the rule in its entirety.” When the proposed rule was released in February 2016, PVA submitted comments to the regula- tory docket supporting the exclusion of ferry service from the plan require- ment and suggesting ways that FTA could clarify the exclusion. Also, In July 2015, PVA’s Legislative Director participated in a panel in Chicago at the Transportation Research Board’s Annual Workshop on Transportation Law. Another panelist was the FTA’s attorney tasked with developing the proposed rule, and there was informal discussion with him of the need for an exclusion of ferry services. For further information about the new rule, please contact PVA Legislative Director Ed Welch at 703-518-5005 ext. 27 or ewelch@ passengervessel.com. n On June 1, Adm. Paul Zukunft stepped down as the U.S. Commandant at change of command ceremony at Coast Guard Headquarters in Washington, DC, making way forAdm. Karl Schultz to take his place at the helm of the largest component of the Department of Homeland Security. The Coast Guard is comprised of 56,000 active duty, reserve and civilian Coast Guardsmen and more than 24,000 volunteer Coast Guard auxilia- rists. ADM Zukunft, who became the Commandant on May 30, 2014, then retired from the Coast Guard after 41 years of service to the nation as part of the same ceremony and received ADM Karl Schultz is New U.S. Coast Guard Commandant