Over the past year, a number of new interpretations related to the application of the coastwise laws to the developing offshore wind industry in the United States have clarified how construction and operation of offshore wind...more
As the offshore wind industry is growing in the United States, there is an influx of vessels that are considering operating on the U.S. outer continental shelf (“OCS”), both foreign- and U.S.-flag Jones Act-qualified vessels....more
Stakeholders in offshore wind construction projects, including vessel owners and operators, project developers, and equipment manufacturers, should ensure that their plans for offshore wind development take into consideration...more
In an effort to slow the spread of the coronavirus (“COVID-19”), the U.S. Centers for Disease Control and Prevention (“CDC”) issued a sweeping order on January 29, 2021, which took effect at 11:59 p.m. EST on Monday, February...more
The House of Representatives passed legislation, H.R. 4447, the Expanding Access to Sustainable Energy Act of 2019, on September 24, 2020, that included a provision from Representatives Garamendi and Lowenthal (“Amendment...more
The end of 2020 has seen significant developments in legislation with implications for the maritime industry as we move from the Trump administration to the new Biden administration. This article provides an update on the...more
As the 116th Congress begins to slowly come to an end, and Congress leaves town without passing a relief bill during the summer recess, the maritime industry can benefit from several bills that have been added to this year’s...more
Vessels are the backbone of any offshore construction project, and the Jones Act, which celebrated its centennial this month, regulates their operations in U.S. waters on the Outer Continental Shelf. Originally promulgated as...more
U.S. Customs and Border Protection (“CBP”) issued a significant decision on December 19, 2019, which will substantially alter how certain operations conducted by coastwise and non-coastwise vessels can be conducted offshore...more
The U.S. Coast Guard has published new guidance setting forth its interpretation of when a vessel’s keel is considered laid and building progression standards to determine what may be accepted in establishing the build date...more
The U.S. House of Representatives has introduced legislation that could potentially greatly alter the landscape for oil, gas, and wind installation and decommissioning activities on the U.S. Outer Continental Shelf (“OCS”)....more
As attacks on vessels increase the risk of shipping in the Straits of Hormuz and throughout the Persian Gulf, vessel owners and operators, as well as shippers, should review their charter parties and assess risk management...more
The U.S. Environmental Protection Agency (“EPA”) recently published an update on its website notifying the industry that it would administratively continue the 2013 Vessel General Permit (“VGP”) until a new permit is issued...more
Note from the Vice Chair -
Happy fall! As the seasons change, so do the issues confronting the maritime industry...or not. Over the past few years, several topics have consistently remained in the headlines and as a thorn...more
10/12/2018
/ Coast Guard ,
Cybersecurity ,
Department of Justice (DOJ) ,
Federal Arbitration Act ,
Foreign Corrupt Practices Act (FCPA) ,
Imports ,
Maritime Transport ,
Ports ,
Shipping ,
Tariffs ,
Trump Administration ,
USTR ,
Vessels
What #MeToo Means for the Maritime World -
The #MeToo movement has shone new attention on issues for employers in the maritime industry seeking to ensure that seafarers and shore-based personnel can participate in a work...more
The Jones Act restricts the transportation of merchandise between coastwise points to vessels that are owned, operated and controlled by US citizens. The purpose of the Jones Act is to ensure that US domestic trade is carried...more
Ballast Water Management: The Conundrum Continues -
It has been about 15 months since the U.S. Coast Guard (“USCG”) type-approved the first three ballast water management systems (“BWMSs”) in December 2016; three more...more
5/3/2018
/ Ballast Water Management ,
Chapter 11 ,
Coast Guard ,
Commercial Bankruptcy ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Drones ,
Email ,
Hurricane Harvey ,
Hurricane Irma ,
Jones Act ,
Maritime Transport ,
Outer Continental Shelf ,
Technology ,
Trump Administration ,
Vessels
On March 19, 2018, the U.S. Coast Guard published its long-awaited final rule on Marine Casualty Reporting Property Damage Thresholds. In what was widely viewed as a common-sense and non-controversial adjustment, the final...more
Action Item: A recently published guidance document issued by the National Vessel Documentation Center (“NVDC”) for the first time provides the public with the key criteria it uses in making U.S. Build and Rebuild...more
Note from the Maritime Industry Team -
Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington,...more
10/17/2017
/ Coast Guard ,
Congressional Review Act ,
Customs and Border Protection ,
Cyber Attacks ,
Cybersecurity ,
Foreign Corrupt Practices Act (FCPA) ,
Hurricane Harvey ,
Hurricane Irma ,
Hurricane Maria ,
Jones Act ,
Maritime Transport ,
Risk Management ,
Shipping ,
Shipping Cargo ,
Trump Administration ,
Vessels
Action Item: On September 28, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a 10-day Jones Act waiver in the interest of national defense and in response to the devastation caused by...more
Maritime -
ACTION ITEM: On September 12, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a new Jones Act waiver for refined products, effectively broadening and extending the previously...more
Action Item: On September 8, 2017, Acting Secretary of the Department of Homeland Security (“DHS”) Elaine Duke granted a seven-day waiver of the Jones Act in the interest of national defense. The waiver was issued to...more
Action Item: A recently published Rebuild Determination Letter issued by the National Vessel Documentation Center (“NVDC”) adds a significant new criteria in making Jones Act rebuild determinations by calling into question...more
Welcome to the summer 2017 edition of Mainbrace. To say we live in interesting times would be a serious understatement. We read headlines on a daily basis that challenge traditionally accepted notions of how governments...more
6/20/2017
/ Anti-Corruption ,
Antiboycott Requirements ,
Arbitration ,
Coast Guard ,
Customs and Border Protection ,
Export Administration Regulations (EAR) ,
Foreign Corrupt Practices Act (FCPA) ,
International Arbitration ,
Jones Act ,
Punitive Damages ,
Vessels