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35 results

November 15, 2019

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2 min read

Court Upholds Broad Coast Guard Authority in Maritime Pollution Investigations

On November 12, 2019, the U.S. District Court for the District of Delaware affirmed the broad authority of the Coast Guard to carry out examinations of
foreign vessels in U.S. waters, to interview vessel personnel on board, and to impose conditions on the clearance of a vessel suspected of violating the U.S.
Act to Prevent Pollution from Ships, abbreviated as “APPS.” That statute implements into U.S. law the International Convention for the Prevention...Read more
...Read more

October 22, 2019

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2 min read

Maritime and Aviation Risks Addressed by New International Working Groups

On October 15, 2019, the U.S. Department of the Treasury convened the first meeting of the Counter-Hizballah International Partnership (“CHIP”) with the
goal of building multilateral cooperation to target and dismantle global financial networks used by Hizballah to fund its agenda.
...Read more

July 30, 2019

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1 min read

Coast Guard Proposes Ballast Water Management System Testing Protocols

On July 26, 2019, the U.S. Coast Guard issued Policy Letter No. 01-19 outlining the Coast Guard’s proposed acceptance of testing protocols for ballast water
management systems (BWMS) that render “nonviable” (meaning “permanently incapable of reproduction”) organisms in ballast water. 
...Read more

July 15, 2019

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2 min read

U.S. Congress Advances Cable, Tanker, and General Maritime Security Fleet Provisions

On July 12, 2019, the U.S. House of Representatives passed the National Defense Authorization Act for Fiscal Year 2020 (H.R. 2500) which would reauthorize
the existing Maritime Security Program and newly authorize similar programs for tank vessels and cable vessels.
...Read more

June 11, 2019

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1 min read

Unanimous Supreme Court Clarifies Scope of State Law on the Outer Continental Shelf

On June 10, 2019, a unanimous Supreme Court held that State laws are only applicable on the U.S. Outer Continental Shelf (OCS) as a surrogate federal law
when federal law does not address a specific issue.
...Read more

June 7, 2019

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2 min read

U.S. Coast Guard Reminds Vessel Operators to Report Cyberattack Attempts

The U.S. Coast Guard recently released a Marine Safety Information Bulletin alerting the maritime industry to recent cyberattacks against commercial vessels
and reminded vessel owners, operators, and masters of the regulatory requirement to report suspicious activity and breaches of security to the Coast Guard
National Response Center (NRC) in accordance with maritime security regulations.
...Read more

May 16, 2019

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2 min read

U.S. Congress to Request Study of Offshore Wind Vessel Availability

On May 15, 2019, the U.S. Senate Committee on Commerce, Science, and Transportation included an offshore wind-related amendment in the pending
Maritime Administration Authorization and Enhancement Act which the Committee reported favorably for Senate consideration.
...Read more

May 1, 2019

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2 min read

U.S. Maritime Administration Seeks to Streamline U.S. Citizenship Requirements

Today the U.S. Maritime Administration (MARAD) published two Advance Notices of Proposed Rulemaking seeking public comment on how to improve the
process of demonstrating U.S. citizenship for certain maritime programs.
...Read more

December 4, 2018

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2 min read

Coast Guard Authorization Act Enacted into Law with Important Policy Changes

President Trump signed the “Frank LoBiondo Coast Guard Authorization Act of 2018” into law on December 4, 2018. The Act was passed by the U.S. Senate
on November 14 and the U.S. House of Representatives on November 27. 
...Read more

June 21, 2018

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2 min read

U.S. Supreme Court Decision Will Impact Maritime ALJs

On June 21, 2018, the U.S. Supreme Court announced a decision in the case of Lucia v. Securities and Exchange Commission that could have a significant
impact on all federal administrative law judges, including the Coast Guard and Federal Maritime Commission ALJs.
...Read more

May 18, 2018

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1 min read

U.S. Government Seeks Ideas for Updating Maritime Industry Regulations

On May 17, 2018, the Office of Management and Budget in the Executive Office of the President issued a public request for information or RFI “seeking public
input on how the Federal government may prudently manage regulatory costs imposed on the maritime sector.” Comments are due July 16, 2018.
...Read more

April 9, 2018

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1 min read

BOEM Requests Feedback on New Offshore Wind Leasing Areas

The U.S. Bureau of Ocean Energy Management issued a notice in the Federal Register on April 6, 2018 requesting public feedback on identification of new
U.S. East Coast offshore areas for wind energy development. Comments are due by May 21, 2018.
...Read more

August 1, 2017

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2 min read

U.S. Coast Guard Issues Jones Act Build and Rebuilt Guidance

U.S. maritime laws generally referred to as the “Jones Act” restrict U.S. domestic commerce to U.S.-built vessels. Once qualified, a U.S.-built vessel can lose
its eligibility to participate in U.S. domestic commerce permanently if it is considered “rebuilt” outside the United States. Because the rules governing what
constitutes “U.S.-built” and “rebuilt” are technical, and the consequences of not meeting the standards can be financially catastrophic for a vess...Read more
...Read more

July 11, 2017

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2 min read

Buy American Push and U.S. Shipbuilding

On April 18, 2017, President Trump signed Executive Order 13788 to promote greater enforcement of U.S. buy American laws. On June 30, 2017, Secretary
of Commerce Wilbur Ross and Director of the Office of Management and Budget Director Mick Mulvaney issued a memorandum for all executive agencies
ordering that certain steps be taken to comply with the Buy American Executive Order.  
...Read more

July 5, 2017

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1 min read

Congress Proposes Replacing Reserve Fleet with Foreign-Built Vessels

The National Defense Authorization Act (NDAA) for Fiscal Year 2018 (H.R. 2810), reported favorably by the U.S. House of Representatives Armed Services
Committee on June 28, 2017, would amend existing law to permit the acquisition of foreign-built vessels for the U.S. fleet of military reserve vessels.
...Read more

June 15, 2017

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1 min read

U.S. Maritime Administration Requests Study of Its Role

The U.S. Maritime Administration (MARAD) commissioned a “Maritime Alignment Study” from the National Academy of Public Administration (NAPA) in May
2017. It is anticipated that the results of the study will be made public in the fall of 2017.
...Read more

May 25, 2017

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1 min read

Coast Guard Authorization Bill Approved by House Committee

On May 24, 2017, the U.S. House of Representatives Transportation and Infrastructure Committee approved the Coast Guard Authorization Act of 2017, H.R.
2518. That bill, like other Coast Guard authorization legislation, seeks to make maritime policy changes in addition to authorizing Coast Guard functions. A
similar bill, S. 1129, was approved by the Senate Commerce Committee on May 18.
...Read more

May 10, 2017

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2 min read

Customs Withdraws Notice of Substantial Offshore Industry Jones Act Changes

On January 18, 2017, Customs and Border Protection (CBP) proposed revising almost 30 Jones Act interpretive rulings going back to 1976. CBP’s proposal
could have had a substantial effect on offshore oil and gas and other operations. Comments were due on April 18, 2017. On May 10, 2017, CBP withdrew the
proposal.
...Read more

January 24, 2017

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1 min read

USCG Proposes Updated Damage Thresholds for Marine Casualty Reporting

On January 23, 2017, the U.S. Coast Guard issued a Notice of Proposed Rulemaking (NPRM) to update the monetary property damage threshold amount for
reporting a marine casualty from the current level of $25,000 to $72,000. The NPRM further proposes to update the threshold for serious marine incidents
requiring post-incident drug and alcohol testing from the current level of $100,000 to $200,000.
...Read more

January 23, 2017

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2 min read

Third Circuit Court of Appeals Affirms Primacy of Shipping Act

On January 18, 2017, the United States Court of Appeals for the Third Circuit issued an opinion upholding the District Court’s dismissal of various shippers’
federal antitrust and state law claims against a large group of roll-on/roll-off ocean common carriers, holding that the Shipping Act of 1984 both precluded
private plaintiffs from using the federal anti-trust laws for relief from such claims, and pre-empted similar state law claims under the circumstances.
...Read more
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About This Blog

MaritimeFedWatch features updates and discussions on current maritime legal issues and developments. The blog covers environmental regulation and crimes, piracy, the Jones Act, U.S. Coast Guard initiatives, U.S. Congressional enactments, and many other topics of interest to the U.S.-flag industry and the world wide maritime industry’s interaction with the United States.

Contributors

Bryant Gardner

Partner

Charlie Papavizas

Partner

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