News & Analysis as of

Shipping Maritime Transport

Husch Blackwell LLP

Key Bridge Collapse Leads to Proposed Legislative Overhaul

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Earlier this week, two U.S. congressmen released proposed language for a bill—the Justice for Victims of Foreign Vessel Accidents Act—that was first announced via press release in August 2024. The proposed law would raise the...more

Mayer Brown

ANTAQ Announces Public Consultation and Hearing to Improve Draft Resolution for Chartering Criteria for Brazilian Shipping...

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Brazil’s National Agency of Waterway Transportation (“ANTAQ”) will hold a Public Consultation and Hearing from September 9 to October 23, 2024 (Notice of Public Hearing No. 11/2024). The aim is to receive feedback on a draft...more

Benesch

FMC Final Rule on “Refusal to Deal or Negotiate” Effective Sept. 23, 2024

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The Federal Maritime Commission (the “FMC”) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space...more

Mayer Brown

Bulletin: Maritime & Port Edition 1 | May/June 2024

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In light of the constant updates in the maritime sector, our Ports and Maritime team is launching this Bulletin. Here we cover the main legislative events, developments in Brazil’s National Agency of Waterway Transportation...more

Benesch

Hazardous Materials Regulations: A Regulatory Primer

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Over one million shipments of hazardous materials reportedly travel in U.S. commerce every single day.  A common misunderstanding is the nature of hazardous materials—they are more commonplace than you think!...more

Benesch

Ocean Carrier Bid Season - 2024 Edition

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Yet again the ocean freight bid season is unfolding against a backdrop of uncertainty. The 2024 season brings a confluence of economic, geopolitical, trade, and industry-related issues that have created a complex environment...more

Mayer Brown

New Decree Regulates "Navegue Simples" Program for the Port Sector

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On June 18, 2024, Brazil’s National Agency of Waterway Transportation (“ANTAQ”) and  Ministry of Ports and Airports (“MPor”) launched the "Navegue Simples" Program, aiming to reduce bureaucracy, innovate, and simplify port...more

Holland & Knight LLP

EPA Enforcement Action Highlights Need for Oversight of Marine Fuel, RINs Activity

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A recent enforcement action by the U.S. Environmental Protection Agency (EPA) highlights the perils of incorrectly categorizing marine fuels under EPA's Renewable Fuel Standard (RFS) and Diesel Fuel programs. Indeed, EPA's...more

Benesch

The FMC’s Final Rule on Detention and Demurrage Billing Requirements Takes Effect Despite Pending Litigation

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On February 26, 2024, the FMC issued its final rule on detention and demurrage billing requirements. On February 27, 2024, our team outlined the practical impact that the Final Rule will have in the article: “A Whole New...more

Mayer Brown

Business Opportunities in Brazilian Ports

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Our team has prepared a summary on the main business opportunities in Brazilian ports. Below are the main opportunities that have been announced, are preparing to take effect, or are currently in progress....more

Mayer Brown

IMO Discusses Inconsistencies Identified by BIMCO between Hong Kong and Basel Conventions

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The 81st meeting of the Marine Environment Protection Committee (“MEPC”) of the International Maritime Organization (“IMO”) was held from March 18 to 22. Among the issues discussed were some legal inconsistencies between the...more

Mayer Brown

ANTAQ Establishes Criteria for Identifying Responsible Agent for Additional Cargo Storage at Port Facilities

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On March 13, 2024, the National Agency of Waterway Transportation (“ANTAQ”) published ANTAQ Resolution No. 112/2024 (the “Resolution”) in the Official Gazette, establishing criteria for identifying responsible agents for...more

Holland & Knight LLP

Federal Maritime Commission Announces Demurrage and Detention Final Rule

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Following its Feb. 23, 2024, release of a pre-publication draft, the Federal Maritime Commission (FMC)'s Final Rule on Demurrage and Detention Billing Requirements (Final Rule) was published on Feb. 26, 2024, in the Federal...more

Mayer Brown

ANTAQ Held Public Hearing to Discuss Rules for Port Areas and Facilities

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On March 14, 2024, the National Agency of Waterway Transportation (Agência Nacional de Transportes Aquaviários, “ANTAQ”) held Public Hearing No. 02/2024-ANTAQ. The aim of the hearing was to obtain feedback and suggestions to...more

Benesch

FMC Dispute Resolution: A Guide for Using CADRS to Resolve Ocean Carriage Disputes

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Many shippers and service providers are looking toward the upcoming ocean carrier bid season while still reeling from the effects of the global pandemic. It is not uncommon to identify colorable claims against any number of...more

Mayer Brown

BIMCO Submits Document To IMO Regarding Inconsistencies Between Hong Kong And Basel Conventions

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The Baltic and International Maritime Council ("BIMCO"), in conjunction with Bangladesh, India, Norway, Pakistan and the International Chamber of Shipping (ICS), submitted a document to the International Maritime Organization...more

Husch Blackwell LLP

What Do Importers and Shippers Need to Know about the FMC’s New Rule on D&D Invoices?

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On February 23, 2024, the Federal Maritime Commission (FMC) issued a Final Rule intended to add clarity to invoicing requirements outlined in the Ocean Shipping Reform Act of 2022 (OSRA 2022). In particular, the Final Rule...more

Mayer Brown

Marshall Islands Accedes to Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships

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The Hong Kong Convention, adopted at a 2009 diplomatic conference in Hong Kong, will enter into force on June 26, 2025. It was developed with the contribution of IMO Member States and non-governmental organizations, and in...more

Venable LLP

Freight Forwarders and Common Carriers: As You Look Ahead to 2024, Do You "Know Your Cargo"?

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As federal regulators have recently made clear, steamship lines, non-vessel-operating common carriers, indirect air carriers, freight forwarders, and others involved in the global movement of cargo must ensure that their...more

Mayer Brown

New Law No. 14,813 Regulates Pilotage Services

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On January 16, 2024, Law No. 14,813 (“Law 14,813”) was published, aiming to provide legal certainty and regulatory stability to pilotage services. Law 14.813 amends Law No. 9.537/97 (“Law 9,537”), which provides for the...more

Holland & Knight LLP

Maritime Outlook: 5 U.S. Maritime Issues to Watch in 2024

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The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. – William Arthur Ward The U.S. maritime industry is much like a great ship: It is subject to unforeseen forces, and it...more

Husch Blackwell LLP

FMC Allows Rate Hikes for Carriers in Response to Red Sea Hostilities

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The Federal Maritime Commission (FMC) has granted special permission to ocean carriers to immediately increase the rates on containers that are being rerouted around the Cape of Good Hope in Africa or are retaining feeder...more

Husch Blackwell LLP

New Federal Maritime Commission Rules Introduce Significant Changes for Carriers and Shippers

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The Federal Maritime Commission’s (FMC) newly revised tariff regulations will be effective February 1, 2024. These rule changes will somewhat significantly change day-to-day practices for both vessel operating common carriers...more

Stikeman Elliott LLP

Canada Officially Jettisons the Hamburg Rules: Marine Liability Act Amended

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After two decades of consistent recommendations by Transport Canada, it appears that the Canadian Parliament has finally given up hope of implementing the Hamburg Rules as a new liability regime for the carriage of goods by...more

Robinson+Cole Environmental Law +

EPA to Increase Air Monitoring at Marine Ports

In a recent report, the Environmental Protection Agency (EPA) Office of Inspector General (OIG) describes steps the EPA should take to increase air monitoring at marine ports and neighboring communities. While not agreeing to...more

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