Coast Guard

News & Analysis as of

Mainbrace: March 2017 (No. 2)

What’s different about “change” in 2017? It certainly seems that we need to redefine what we mean when we consider the term itself. Shipping historically has been a conservative industry, but its adaptability over the...more

Ballast Water Management: Latest Developments

Maritime Executive - Ballast water management has been one of the most challenging and oftentimes frustrating regulatory issues of the past decade. The principal reason is that the international regime under the...more

Bridging the Gap: AMLC Launches Government Relations Initiative to Further Practice Area Understanding between Private and...

The scenario is a familiar one to lawyers practicing in maritime and admiralty law – a frantic middle-of-the-night call, a shipboard emergency, and your client looking to you for answers in a high-stakes scenario which could...more

U.S. District Court Finds U.S. Coast Guard’s National Pollution Funds Center Acted Arbitrarily and Capriciously When Denying Oil...

Action Item: In December 2016, the U.S. District Court for the District of Columbia found that the U.S. Coast Guard’s National Pollution Funds Center (“NPFC”) wrongfully denied a reimbursement claim by the Water Quality...more

Mainbrace: January 2017 (No. 1)

As we launch into a new year, uncertainty remains the word of the day. Whatever your political leanings, it would be hard to dispute that the inauguration of the Trump administration augurs change on many fronts, from...more

Global Cybersecurity Threats to the Maritime Sector

Cybersecurity risks to the nation's critical infrastructure (CI) – defined as 16 CI sectors, including transportation and maritime – continue to grow exponentially. The incoming Trump Administration has made it clear that...more

U.S. Coast Guard Issues First Ballast Water Management System Type-Approval Certificate and New Policy Guidance

Action Item: Vessel owners and operators should re-evaluate their plans to comply with U.S. ballast water management (“BWM”) requirements in light of the U.S. Coast Guard’s type-approval of Optimarin AS’ UV-based treatment...more

Maritime Cybersecurity Inland and Offshore – Avoiding “Paid Spies and Secret Confidential Agents on the Water of the Devil” and...

The past eighteen to twenty-four months have seen a tectonic shift of focus (as well as a plethora of industry-generated white papers) by virtually every governmental regulatory entity, NGO, and industry group in the maritime...more

7 Takeaways from the Maritime Investigations Presentation at This Year’s Work Boat Show in New Orleans

It is Work Boat Show time in New Orleans, and yesterday featured a great presentation on marine investigations. Any maritime lawyer worth her salt will tell you that the best part of the practice is getting that 0200 client...more

NIST and USCG Issue New Maritime Industry Cybersecurity Profile

In 2013, President Obama issued Executive Order 13636 and directed the Director of the National Institute of Standards and Technology (NIST) to “lead the development of a framework to reduce cybersecurity risks to critical...more

New Cybersecurity Profile Issued for Maritime Industry on Transfer of Hazardous Liquids in Ports

The National Institute of Standards and Technology (NIST) has teamed up with the United States Coast Guard(USCG) and private industry to issue a new cybersecurity document that will assist the maritime industry in securing...more

U.S. Ballast Water Compliance Challenges and Considerations Now That IMO’s Ballast Water Convention Has Been Ratified

Action Item: Although the ratification of the IMO’s Ballast Water Convention will not alter U.S. compliance obligations, industry stakeholders must now consider their obligations under international law to ensure compliance...more

Bongs and Busts – the Danger of State Cannabis Laws to Non-U.S. Citizens

Seattle, Washington, where I practice, is one of the most popular tourist destinations in the U.S. Its natural beauty and cosmopolitan vibe are two of its biggest attractions. But increasingly, Cannabis Tourism has been a...more

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

Coast Guard Issues Inspection of Towing Vessels Final Rule

The U.S. Coast Guard Inspection of Towing Vessels Final Rule under 46 CFR Subchapter M takes effect on July 20, 2016. The Rule, published this week, has its roots in the Coast Guard and Maritime Transportation Act of 2004,...more

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

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

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

Coast Guard Requests Comments on Atlantic Coast Port Access Route Study - Report Includes Guidance on Offshore Wind Farm Siting...

The U.S. Coast Guard issued a notice in the Federal Register on March 14, 2016, announcing the availability of, and seeking comments on, the Atlantic Coast Port Access Route Study (ACPARS) Final Report. The ACPARS was...more

Cyber Risks and Insurance in the Marine Industry

The first wireless radio equipment was used aboard Lightship 70 in 1899. Over the next 115 years, the use of technology in the maritime domain has driven rapid change in the United States Coast Guard’s operating environment —...more

Uncertainty Follows Coast Guard Comments on SOLAS Container Weight Regulation

Some confusion and uncertainty has arisen in the international ocean shipping and logistics industry following several public statements and FAQs released by the U.S. Coast Guard in the past few days regarding the impending...more

“A Look Ahead To 2016” – The Coast Guard Charts Its Course For The Coming Year

The United States Coast Guard Rear Admiral Paul Thomas recently penned an article for the Marine News magazine, February 2016 edition, highlighting the Coast Guard’s “priorities” for 2016. The article is available at the...more

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

White House Completes Review of Wastewater Barge Pre-Rule

The Obama administration has completed its review of the Coast Guard’s pre-rule on the bulk transport of wastewater from hydraulic fracturing operations. The pre-rule itself has not been released, but its title (“Carriage of...more

U.S. Coast Guard Comments on SOLAS Verified Gross Mass Rule Implementation

Pursuant to recent amendments to the International Maritime Organization's (IMO) Safety of Life at Sea (SOLAS) Convention, Chapter VI, Regulation 2, effective on July 1, 2016, shippers will be required to provide ocean...more

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