Category: Maritime Alerts

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

Jonathan K. Waldron, Jeanne M. Grasso, and Sean T. Pribyl

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 determinations. Stakeholders should review this guidance document for application to their interests. Continue reading “U.S. Coast Guard National Vessel Documentation Center Publishes Criteria for Making U.S. Build and Rebuild Determinations”

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

Jonathan K. Waldron, Jeanne M. Grasso, Matthew J. Thomas, and Sean T. Pribyl

 

 

 

Action Item: On September 28, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a 10-day Jones Act waiver, available here, in the interest of national defense and in response to the devastation caused by Hurricane Maria. The waiver commences immediately and applies to all products shipped from U.S. coastwise points to Puerto Rico. Covered merchandise must be laded on board a vessel within the 10-day period and delivered by October 18, 2017. Continue reading “Department Of Homeland Security Approves Jones Act Waiver for Deliveries to Puerto Rico”

Department Of Homeland Security Extends Jones Act Waiver

Jonathan K. Waldron, Jeanne M. Grasso, Matthew J. Thomas, and Sean T. Pribyl

 

 

 

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 issued seven-day Jones Act waiver by an additional seven days, to now run through September 22, 2017. This second Jones Act waiver also expands the number of states to which the waiver applies, and now includes movement of refined petroleum products, including gasoline, diesel, and jet fuel, shipped from New York, New Jersey, Delaware, Maryland, Pennsylvania, New Mexico, Texas, Louisiana, Mississippi, Alabama, and Arkansas to Florida, Georgia, South Carolina, North Carolina, Virginia, West Virginia, and Puerto Rico. The new waiver can be found here. Continue reading “Department Of Homeland Security Extends Jones Act Waiver”

Jones Act Waiver Granted In Response to Hurricanes Harvey and Irma

Jeanne M. Grasso, Sean T. Pribyl, Matthew J. Thomas, and Jonathan K. Waldron

 

 

 

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 facilitate the movement of refined petroleum products to be shipped from New York, Pennsylvania, Texas, and Louisiana to South Carolina, Georgia, Florida, and Puerto Rico. Notably, this waiver applies to covered merchandise laded on board a vessel within the seven-day period of the waiver, and interested parties should be aware of the restrictions attendant to this waiver. The actual Jones Act waiver can be found here. Continue reading “Jones Act Waiver Granted In Response to Hurricanes Harvey and Irma”

U.S. Coast Guard National Vessel Documentation Center Issues Rebuild Determination with Newly Imposed “Cumulative Steelweight” Criteria

Jonathan K. Waldron and Sean T. Pribyl

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 any previous rebuild activity in which a vessel may have been engaged. To ensure future compliance with coastwise trade requirements, industry stakeholders must now consider the additional “cumulative steelweight” test articulated in the recent determination when assessing the extent to which foreign work has been performed on a vessel’s hull or superstructure. Continue reading “U.S. Coast Guard National Vessel Documentation Center Issues Rebuild Determination with Newly Imposed “Cumulative Steelweight” Criteria”

U.S. District Court Finds U.S. Coast Guard’s National Pollution Funds Center Acted Arbitrarily and Capriciously When Denying Oil Spill Claim

Jonathan K. Waldron, Jeanne M. Grasso, and Sean T. Pribyl

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 Insurance Syndicate (“WQIS”) for the costs of cleaning up an oil spill in Cook Inlet, Alaska in January 2009. This opinion provided a powerful finding that a federal agency acted arbitrarily and capriciously in taking final agency action under the Administrative Procedure Act (“APA”). The opinion puts federal agencies on notice that agency determinations must be supported by the factual record. Continue reading “U.S. District Court Finds U.S. Coast Guard’s National Pollution Funds Center Acted Arbitrarily and Capriciously When Denying Oil Spill Claim”

U.S. Ballast Water Compliance Challenges and Considerations Now That Imo’s Ballast Water Convention Has Been Ratified

Jonathan K. Waldron, Jeanne M. Grasso, and Stefanos N. Roulakis

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 with both regimes. Until the U.S. Coast Guard type-approves a ballast water management system (“BWMS”), owners and operators of both U.S. and foreign-flag vessels trading in U.S. waters should take steps to evaluate the compliance obligations under both regimes before making capital investments in BWMSs that may not comply with U.S. law. Continue reading “U.S. Ballast Water Compliance Challenges and Considerations Now That Imo’s Ballast Water Convention Has Been Ratified”

CBP Announces the “Jade”—A New Enforcement Division for the Jones Act

Jeanne M. Grasso, Jonathan K. Waldron, Matthew J. Thomas, and Stefanos N. Roulakis

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 stakeholders in the coastwise trade, including the offshore sector, should consult with counsel to discuss the implications of the establishment of JADE and activities that could implicate the Jones Act to help ensure compliance. Continue reading “CBP Announces the “Jade”—A New Enforcement Division for the Jones Act”

U.S. Coast Guard Updates Marine Casualty Reporting Forms

Jeanne M. Grasso, Jonathan K. Waldron, and Dana S. Merkel

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 are encouraged to review the new forms and ensure the new forms are used for future reports. Continue reading “U.S. Coast Guard Updates Marine Casualty Reporting Forms”

Updated Guidance on the Cybersecurity Information Sharing Act Of 2015

Kate B. Belmont and Sean T. Pribyl

Action Item: On June 15, 2016, the U.S. Department of Homeland Security (“DHS”) and the U.S. Department of Justice (“DOJ”) jointly issued a notice announcing the availability of the Cybersecurity Information Sharing Act of 2015 (“CISA”) Final Guidance Documents, Guidance to Assist Non-Federal Entities to Share Cyber Threat Indicators and Defensive Measures with Federal Entities and The Privacy and Civil Liberties Final Guidelines(“Final Guidance Documents”). These updated Final Guidance Documents address policies and procedures relating to the receipt and sharing of cyber threat indicators from non-federal entities and defensive measures by the federal government, as well as guidelines regarding privacy and civil liberties. Clients should seek counsel in navigating CISA and to assist with developing comprehensive cyber risk management strategies. Continue reading “Updated Guidance on the Cybersecurity Information Sharing Act Of 2015”