Jonathan Waldron

Jonathan Waldron

Blank Rome LLP

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Mainbrace: September 2016 (No. 4)

It’s hard to believe another summer has come and gone. The kids are back in school, the commuter trains are a bit more crowded, and everyone is back from their holidays, hopefully refreshed and ready to get back down to...more

9/26/2016 - Bad Faith Chapter 15 Cybersecurity Drones Limitation of Liability Clause Mentor-Protege Program Risk Management SBA Unmanned Aircraft Systems Vessels Wind Power

Mainbrace: September 2016 (No. 4)

It’s hard to believe another summer has come and gone. The kids are back in school, the commuter trains are a bit more crowded, and everyone is back from their holidays, hopefully refreshed and ready to get back down to...more

9/21/2016 - Chapter 15 Commercial Bankruptcy Cyber Attacks Cybersecurity Debtors Drones Federal Aviation Administration (FAA) Federal Contractors Limitation of Liability Clause Mentor-Protege Program Risk Management SBA Unmanned Aircraft Systems Vessels

CBP Announces the “JADE”—A New Enforcement Division for the Jones Act

Action Item: The creation of the National Jones Act Division of Enforcement (“JADE”) signals that U.S. Customs and Border Protection has made Jones Act outreach and enforcement a national priority. U.S. and foreign...more

8/5/2016 - Customs and Border Protection DHS Enforcement Enforcement Actions Jones Act Outer Continental Shelf

U.S. Coast Guard Updates Marine Casualty Reporting Forms

Action Item: The U.S. Coast Guard released an updated version of the CG-2692 forms for reports of marine casualties, commercial diving casualties, and outer continental shelf-related casualties. Vessel owners and operators...more

7/25/2016 - Coast Guard Outer Continental Shelf Reporting Requirements Vessels

Final Rule On Inspection Of Towing Vessels Published After 12 Years In The Making

Action Item: The recently published Subchapter M Final Rule establishes a comprehensive safety system and inspection program for towing vessels. Stakeholders involved in the operation or ownership of towing vessels should...more

6/21/2016 - Coast Guard Final Rules Maritime Transport Safety Precautions Vessels

Mainbrace: June 2016 (No. 3)

As the July 1, 2016, effective date for the SOLAS Regulation VI/2 amendments quickly approaches, unanswered questions and difficulties complying with varied international and domestic implementations loom large. In an effort...more

6/15/2016 - Chapter 11 Coast Guard Debtors DOJ Export Controls FCPA Joint Comprehensive Plan of Action (JCPOA) Maritime Transport Self-Reporting Shipping Cargo Vessels

SOLAS Verified Gross Mass (“VGM”) Countdown: Will You Be Ready on July 1, 2016?

Action Item: With less than 30 days remaining before the July 1, 2016, effective date of the new International Convention for the Safety of Life at Sea (“SOLAS”) Regulation VI/2 amendments, the International Maritime...more

6/9/2016 - Coast Guard Maritime Transport Shipping Cargo Vessels

The Well Control Final Rule Is Here, Finally

Action Item: The recently published Well Control Rule will require significant changes to Blow-Out Preventer (“BOP”) systems and well operations. Stakeholders in offshore oil and gas operations should carefully evaluate the...more

4/19/2016 - BSEE Deepwater Horizon Final Rules Offshore Drilling Oil & Gas

Critical Habitat for Right Whales Expanded

Action Item: The National Marine Fisheries Services (“NMFS”) promulgated a final rule identifying critical habitats for the endangered Northern Atlantic Right Whale. Stakeholders involved in spill response, ocean and offshore...more

3/2/2016 - Critical Habitat Endangered Species Endangered Species Act (ESA) Final Rules National Marine Fisheries Service Offshore Drilling Oil & Gas Oil Spills Renewable Energy Section 7

Heavy Lifting: U.S. Coast Guard Confirms Container Verified Gross Mass Requirement Will Not Be Delayed

Action Item: A recent amendment to the International Convention for the Safety of Life at Sea (“SOLAS”) regarding requirements for providing certain cargo information, including weight, prior to loading has caused industry...more

3/2/2016 - Coast Guard Federal Maritime Commission Maritime Transport Shipping Cargo

Mainbrace: January 2016 No. 1

2015 was an interesting year for the shipping industry. The dry bulk market had a very challenging 2015, with the Baltic Dry Index hitting new all-time lows. Based on various reports, the outlook for 2016 is not very...more

1/29/2016 - Attorney-Client Privilege Chapter 15 Coast Guard Cybersecurity Federal Maritime Commission Maritime Transport Regulatory Standards Shipping Cargo

U.S. Coast Guard Issues Final Rule Raising OPA 90 Liability Limits

Action Item: The U.S. Coast Guard published a Final Rule increasing limits of liability for vessels, deepwater ports, and onshore facilities under the Oil Pollution Act of 1990 (“OPA 90”). The raise in liability limits also...more

12/11/2015 - Coast Guard Environmental Liability Final Rules Oil & Gas Oil Pollution Act of 1990 (OPA 90) Oil Spills Ports Strict Liability Vessels

New Regulations Further Ease Maritime Transport and Travel Restrictions on Cuba

Action Item: The Administration further implemented its new Cuba policy facilitating passenger vessel service to Cuba and opening opportunities in Cuba’s maritime, telecommunications, and construction sectors. Considering the...more

10/1/2015 - BIS Cuba Cuban Assets Control Regulations (CACR) Foreign Relations International Travel Licensing Rules OFAC Trade Relations Vessels

U.S. Coast Guard Revises Policy on Extensions for the Installation of Ballast Water Treatment Systems

Action Item: The U.S. Coast Guard issued a new policy letter that streamlines the process for vessel owners and operators to apply for an extension to their compliance date for installing ballast water treatment systems....more

9/29/2015 - Ballast Water Management Coast Guard Extensions Final Rules Guidance Update Time Extensions Vessels

U.S. Coast Guard Marine Casualty Reporting Guidance Finalized

Action Item: The Coast Guard finalized its NVIC, published earlier this year in draft form, which endeavors to provide a uniform policy interpretation of when a casualty report is and is not required. Vessel owners,...more

8/4/2015 - Coast Guard Reporting Requirements Vessels

Dispersants...Will We Ever Be Able to Use Them Again?

On January 22, 2015, the Environmental Protection Agency (EPA) published a Proposed Rule on dispersants. The Proposed Rule drastically changes the EPA’s approach to dispersants and could imperil proven and effective means of...more

5/7/2015 - Chemicals Deepwater Horizon EPA Oil Spills Proposed Regulation

BSEE and DOI Take Action on Five-Year Anniversary of Deepwater Horizon

Action Item: BSEE has proposed significant changes to BOP systems and well operations in light of the five-year anniversary of the Deepwater Horizon incident. Stakeholders in offshore oil and gas operations should carefully...more

4/22/2015 - BOEM BSEE Deepwater Horizon Offshore Drilling Oil & Gas Proposed Regulation

EPA Promulgates Robust Emission Control Area Enforcement Policy

Action Item: Violators of Emission Control Area requirements face hefty penalties under the Environmental Protection Agency’s new penalty policy. Owners and operators of vessels operating in the North American and U.S....more

1/22/2015

Mainbrace - January 2015 No. 1

In this issue: - A Sea Change Sweeps over Congress: A Look Back and a Look Ahead - Shipping & International Trade Law (Second Edition 2015) - Congress Passes Coast Guard Bill in Waning Hours of 113th...more

1/22/2015 - Coast Guard Cybersecurity Jones Act Legislative Agendas Maritime Transport New Legislation Oil & Gas Risk Assessment Risk Management Shipping Trade Agreements

Seafarers’ Access to Marine Facilities

Action Item: Owners, operators, and other interested parties related to the operation of marine terminals should review and comment on a Coast Guard Notice of Proposed Rulemaking (“NPRM”) addressing new requirements to...more

1/13/2015 - Coast Guard NPRM Ports Seamen Security Vessels

Commerce Department Issues New Guidance on Technical Crude Export Issues

Action Item: New policy guidance in the form of “Frequently Asked Questions” was published by the Commerce Department on December 20, 2014, with regard to crude oil export controls. Stakeholders interested in crude oil...more

1/12/2015 - BIS Canada Export Controls New Guidance Oil & Gas U.S. Commerce Department

New Jones Act Enforcement Initiative

Action Item: U.S. Customs and Border Protection (“CBP”) issued a Notice to the Area Port of New Orleans Trade Community on November 12, 2014, announcing electronic online reporting of possible Jones Act violations. Owners and...more

12/8/2014 - Customs and Border Protection Jones Act Reporting Requirements Vessels

In 2014, Will Congress Pass Any Maritime Legislation?

Following its usual summer break over August 2014, Congress came back from its five-week summer recess and spent a whopping eight days or so back in session before recessing once again, approximately a week early, to hit the...more

11/18/2014 - Appropriations Bill Coast Guard Department of Defense (DOD) Department of Transportation (DOT) Federal Budget Legislative Agendas

Mainbrace - October 2014, No. 3

In This Issue: - Maritime Cybersecurity: A Growing Threat Goes Unanswered - Valuation in Maritime Chapter 11 Cases: Genco and “NAV” - Is the U.S. Prepared Legally and Operationally to Protect Its Arctic...more

10/21/2014 - Arbitration Chapter 11 Commercial Bankruptcy Cybersecurity ENISA GAO Pending Legislation Vessels

Trial Judge Concludes The Deepwater Horizon Spill Caused By BP’s Gross Negligence And Willful Misconduct

On September 4, 2014 the federal district judge overseeing the multidistrict litigation resulting from the Deepwater Horizon oil spill issued long-awaited rulings as to liability. The court concluded that BP is subject to...more

9/9/2014 - BP Clean Water Act Deepwater Horizon Employer Liability Issues Environmental Liability Environmental Policies Gross Negligence Gulf Oil Spill Multidistrict Litigation Negligence Willful Misconduct

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