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Administrative Agency Maritime

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Liar, Liar, Pants on Fire! Preventing the Application of the Section 20(a) Presumption with Surveillance

The recent decision of the U.S. Court of Appeals for the Fifth Circuit in Bis Salamis, Inc. v. Director, OWCP (Joseph Meeks), No. 15-60148 (March 17, 2016), highlights how the defense to a claim under the Longshore and Harbor...more

OSHA Unveils Controversial Final Silica Rule and Industry Gears Up For Challenges

by Conn Maciel Carey LLP on

OSHA has issued its long-sought – and heavily disputed – new regulation aimed at reducing worker exposures to crystalline silica dust, cutting the Permissible Exposure Limit (PEL) in half for general industry, construction...more

Critical Habitat for Right Whales Expanded

by Blank Rome LLP on

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

New OSHA Directive to Speed Up Resolution of Whistleblower Complaints Under OSH Act, Dodd-Frank, Other Laws

by Ballard Spahr LLP on

A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more

Gambling and the Bank Secrecy Act

by K&L Gates LLP on

The Bank Secrecy Act (“BSA”) is a complex set of federal laws and regulations that require “financial institutions” to keep records, make reports, and conduct due diligence as a means of helping the federal government detect...more

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

by Blank Rome LLP on

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

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

by Blank Rome LLP on

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

Coast Guard seeks comments on multiyear renewal option for vessel documentation fees

by Thompson Coburn LLP on

In the March 3, 2015 Federal Register, the Coast Guard published a request for comments related to the Vessel Documentation Renewal Fees established in August 2014. The Coast Guard is considering options for implementing...more

New Jones Act Enforcement Initiative

by Blank Rome LLP on

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

Court Affirms FEMA’s Efforts to Implement Actions to Avoid Jeopardizing Listed Species

by Nossaman LLP on

On October 23rd the Federal District Court for the Western District of Washington upheld the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program’s (NFIP) compliance with a 2008 reasonable and prudent...more

MARAD Issues Proposed Policy on Oil and Gas Exports from Offshore Facilities

by Holland & Knight LLP on

On Oct. 16, 2014, the Maritime Administration (MARAD) issued a notice in the Federal Register seeking public comments on proposed policies regarding the review and processing of applications for the export of oil and natural...more

FDA Proposes Regulations on Safe Food Transport

by Cozen O'Connor on

In early February, the U.S. Food and Drug Administration (FDA) issued its seventh and final major rule as part of the implementation of the Food Safety Modernization Act. The proposed rule seeks to prevent the contamination...more

That’s Not My Kid! Board Clarifies Definition Of “Child” Under The Longshore Act

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order,...more

Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits – But Only for Canadian Shipowners...

by K&L Gates LLP on

On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection...more

Eastern District of Louisiana Rules that Factual Portions of Incident Report by Bureau of Safety and Environmental Enforcement...

by Baker Donelson on

In the new world of shared regulatory oversight between the United States Coast Guard (USCG) and BSEE on the Outer Continental Shelf (OCS), a mundane devil-in-the-details – but nonetheless vitally important question – had...more

Proposed Rule Would Regulate U.S. Navy's Impact On Marine Mammals

by Nossaman LLP on

On January 31, 2013, the National Marine Fisheries Service (NMFS) issued a proposed rule to regulate the impact of United States Navy exercises on marine mammals. The rule would affect areas off the Southern California,...more

TRANSACTIONAL: Corporate/London: Maritime Boundaries: UNCLOS and disputes over the right to explore and develop offshore reserves...

by King & Spalding on

Despite the 1982 United Nations Convention of the Law of the Sea (UNCLOS) providing nations with a 200 mile offshore area (an “Exclusive Economic Zone) for exploiting maritime reserves, international waters remain...more

District Court Allows Action For ESA Violations To Proceed Regarding Naval Operations Off The Atlantic Coast

by Nossaman LLP on

On December 26, 2012, in Strahan v. Roughead, the United States District Court for the District of Massachusetts denied a motion brought by federal defendants to dismiss as moot plaintiffs’ claims that the Navy is operating...more

Legal Definition Of A Vessel: That Certain Unnamed Gray, Two-Story Vessel Before S.C.O.T.U.S. — Part 2

by King, Krebs & Jurgens, PLLC on

The very question of what makes a structure a “vessel” under Section 3 of the Rules of Construction Act, 1 U.S.C. §3 is before the United States Supreme Court in City of Riviera Beach v. That Certain Unnamed Gray, Two-Story...more

A Guide to Ship Registration in Panama

Panama is one of the most widely chosen jurisdictions for ship registration due to the ease of registration and low registration fees as compared with many other countries. Panama offers registrants a low-tax offshore...more

Legal Definition of a Vessel: That Certain Unnamed Gray, Two-Story Vessel Before S.C.O.T.U.S. — Part 1

by King, Krebs & Jurgens, PLLC on

A feisty dachsund and its owner, Fane Lozman, have stirred up troubled waters regarding the definition of a “vessel” in City of Riviera Beach v. That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in...more

The Costs of Delayed Crew Reporting

by Nathan Cecil on

This article is a reminder to all operators of ships trading to Australia about the requirement to report crew and passengers to Customs at least 96 hours before arrival in the first Australian port of call, or face...more

Port State Control Detention Over Two Hour Temporary Defect Upheld

by Nathan Cecil on

In a decision handed down last week, the Administrative Appeals Tribunal upheld a PortState Control decision to detain a ship for a defect which was rectified within approximately two hours of the inspection. Whilst the...more

Not Quite the DREAM Act for Military DREAMers

On Friday, June 15, 2012, Secretary of Homeland Security Janet Napolitano issued a Memorandum stating that DHS would shortly grant a temporary immigration status called “deferred action” to certain young people who were...more

European Union May Adopt More Stringent Sulfur Content Limits for Marine Fuels

by K&L Gates LLP on

On May 23, 2012, the European Union (EU) announced that an agreement in principle (strictly, a "compromise proposal") had been reached by the two arms of the EU legislature (the Council of the EU and the European Parliament)...more

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