In an effort to slow the spread of the coronavirus (“COVID-19”), the U.S. Centers for Disease Control and Prevention (“CDC”) issued a sweeping order on January 29, 2021, which took effect at 11:59 p.m. EST on Monday, February...more
The end of 2020 has seen significant developments in legislation with implications for the maritime industry as we move from the Trump administration to the new Biden administration. This article provides an update on the...more
As the 116th Congress begins to slowly come to an end, and Congress leaves town without passing a relief bill during the summer recess, the maritime industry can benefit from several bills that have been added to this year’s...more
The U.S. Coast Guard has published new guidance setting forth its interpretation of when a vessel’s keel is considered laid and building progression standards to determine what may be accepted in establishing the build date...more
Note from the Vice Chair -
Happy fall! As the seasons change, so do the issues confronting the maritime industry...or not. Over the past few years, several topics have consistently remained in the headlines and as a thorn...more
10/12/2018
/ Coast Guard ,
Cybersecurity ,
Department of Justice (DOJ) ,
Federal Arbitration Act ,
Foreign Corrupt Practices Act (FCPA) ,
Imports ,
Maritime Transport ,
Ports ,
Shipping ,
Tariffs ,
Trump Administration ,
USTR ,
Vessels
Ballast Water Management: The Conundrum Continues -
It has been about 15 months since the U.S. Coast Guard (“USCG”) type-approved the first three ballast water management systems (“BWMSs”) in December 2016; three more...more
5/3/2018
/ Ballast Water Management ,
Chapter 11 ,
Coast Guard ,
Commercial Bankruptcy ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Drones ,
Email ,
Hurricane Harvey ,
Hurricane Irma ,
Jones Act ,
Maritime Transport ,
Outer Continental Shelf ,
Technology ,
Trump Administration ,
Vessels
On March 19, 2018, the U.S. Coast Guard published its long-awaited final rule on Marine Casualty Reporting Property Damage Thresholds. In what was widely viewed as a common-sense and non-controversial adjustment, the final...more
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
Note from the Maritime Industry Team -
Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington,...more
10/17/2017
/ Coast Guard ,
Congressional Review Act ,
Customs and Border Protection ,
Cyber Attacks ,
Cybersecurity ,
Foreign Corrupt Practices Act (FCPA) ,
Hurricane Harvey ,
Hurricane Irma ,
Hurricane Maria ,
Jones Act ,
Maritime Transport ,
Risk Management ,
Shipping ,
Shipping Cargo ,
Trump Administration ,
Vessels
Action Item: A recently published Rebuild Determination Letter issued by the National Vessel Documentation Center (“NVDC”) adds a significant new criteria in making Jones Act rebuild determinations by calling into question...more
Welcome to the summer 2017 edition of Mainbrace. To say we live in interesting times would be a serious understatement. We read headlines on a daily basis that challenge traditionally accepted notions of how governments...more
6/20/2017
/ Anti-Corruption ,
Antiboycott Requirements ,
Arbitration ,
Coast Guard ,
Customs and Border Protection ,
Export Administration Regulations (EAR) ,
Foreign Corrupt Practices Act (FCPA) ,
International Arbitration ,
Jones Act ,
Punitive Damages ,
Vessels
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
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
1/31/2017
/ Ballast Water Management ,
Bid Protests ,
Coast Guard ,
Customs and Border Protection ,
Cybersecurity ,
Data Breach ,
GAO ,
Hackers ,
Maritime Transport ,
Risk Management ,
Trump Administration
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
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
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
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
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
6/15/2016
/ Chapter 11 ,
Coast Guard ,
Debtors ,
Department of Justice (DOJ) ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Joint Comprehensive Plan of Action (JCPOA) ,
Maritime Transport ,
Self-Reporting ,
Shipping Cargo ,
Vessels
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
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
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
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
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
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
In this issue:
- A Sea Change Sweeps over Congress: A Look Back and a Look Ahead
- Shipping & International Trade Law (Second Edition 2015)
- Congress Passes Coast Guard Bill in Waning Hours of 113th...more
1/22/2015
/ Coast Guard ,
Cybersecurity ,
Jones Act ,
Legislative Agendas ,
Maritime Transport ,
New Legislation ,
Oil & Gas ,
Risk Assessment ,
Risk Management ,
Shipping ,
Trade Agreements