MaritimeFedWatch

On April 26, 2023, the U.S. House Transportation and Infrastructure Committee reported favorably H.R. 2741, the Coast Guard Authorization Act of 2023, including the two provisions which will have an effect on the ability of the United States to produce both oil and gas resources offshore and renewable energy offshore.

Legislation was introduced on February 15, 2022, in the U.S. Congress by Representatives Garret Graves (R-LA) and John Garamendi (D-CA) and on February 17, 2022, by Senator Bill Cassidy (R-LA) that would restrict the citizenship of personnel manning vessels, rigs, platforms, and structures operating on the U.S. outer continental shelf in both the offshore wind and oil and gas industries.

President Trump declared a national emergency as a result of the spread of the COVID-19 virus on March 13, 2020 and he selectively invoked the Defense Production Act on March 27 and April 2. These announcements were narrowly drawn and did not address potential maritime supply chain disruptions. Under existing U.S. law, the President has a range of maritime-related authorities he can invoke to deal with maritime-related supply chain issues if necessary.

With the January 1, 2020 start date for tough new limits on the sulfur content of marine fuels (commonly referred to as IMO 2020) only a month and a half away, the U.S. Coast Guard released on November 18, 2019, an update to its “Guidelines for Compliance and Enforcement of the [U.S.] Emission Control Areas.”

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 of Pollution from Ships, commonly known as “MARPOL.”

On August 1, 2019, the U.S. Coast Guard published Navigation and Vessel Inspection Circular (NVIC) No. 01-19 entitled “Guidance on the Coast Guard’s Roles and Responsibilities for Offshore Renewable Energy Installations (OREI).” This guidance replaces guidance of the same name published March 9, 2007, as NVIC No. 02-07. The Coast Guard plays a leading role in the assessment of the impact an offshore wind farm may have on the U.S. “Marine Transportation System” as defined under federal law.

On July 31, 2019, the Senate Committee on Commerce, Science & Transportation reported favorably the Coast Guard Authorization Act of 2019 (S. 2297) without including either anti-Jones Act provisions which were offered or the Jones Act modifications included in the House of Representatives’ version of the legislation.

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. 

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.

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. 

The tragic loss of the steam ship El Faro on October 1, 2015 and the loss of all 33 persons aboard led to the issuance of a December 19, 2017 U.S. Coast Guard Commandant Final Action Memorandum containing recommendations for future action. Those recommendations are the basis for legislation (H.R. 6175) introduced in the U.S. House of Representatives on June 21 and reported favorably by the Committee on Transportation and Infrastructure on June 27.

On June 21, 2018, the Office of Management and Budget in the Executive Office of the President issued a government reform plan entitled “Delivering Government Solutions in the 21^st Century.” 

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.

On June 14, 2018, the Coast Guard announced two workforce initiatives in support of the Coast Guard’s marine safety program. The Coast Guard reports that it already has taken steps to prioritize civilian marine inspector hiring.

On October 4, 2017, the Coast Guard issued build determinations for the two Kanaloa-class combination container and roll-on/roll-off vessels to be constructed by the National Steel and Shipbuilding Company.

The U.S. Coast Guard issued a final rule on September 20, 2017, amending its U.S.-flag vessel documentation regulations. The final rule responds, in part, to an October 18, 2013 petition for rulemaking submitted by the U.S. Maritime Law Association (MLA) seeking to make both technical and substantive clarifying changes to existing regulations.

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.

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.

The U.S. Coast Guard published its Final Rule on electronic reader requirements for the Transportation Worker Identification Credential on August 23, 2016. The Final Rule takes effect on August 23, 2018.

On March 16, 2016, the U.S. Coast Guard announced that it is removing security conditions of entry on vessels arriving from ports in Cuba.