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U.S. Coast Guard National Vessel Documentation Center Publishes Criteria for Making U.S. Build and Rebuild Determinations

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

11/14/2017  /  Coast Guard , Shipping , Vessels

Department of Homeland Security Approves Jones Act Waiver for Deliveries to Puerto Rico

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

Department of Homeland Security Extends Jones Act Waiver

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

Jones Act Waiver Granted in Response to Hurricanes Harvey and Irma

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reporting Marine Casualties: U.S. Coast Guard Guidance Helps to Bring Some Clarity to the Debate

In July 2015, the U.S. Coast Guard released the Navigation and Vessel Inspection Circular 01-15 (“NVIC”), titled Marine Casualty Reporting Procedures Guide with Associated Standard Interpretations. The purpose of the NVIC is...more

Mainbrace: October 2015, No. 4

As with the world economy, the shipping markets are currently experiencing a major bout of volatility. The wide range of matters we are handling in our maritime law practice certainly reflects the current swings the shipping...more

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

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

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

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
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