Category: Maritime Alerts

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”

Final Rule on Inspection of Towing Vessels Published After 12 Years in the Making

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

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 carefully evaluate the new measures, review safety procedures, and develop plans to comply with the timeframes mandated by the new regulations. Continue reading “Final Rule on Inspection of Towing Vessels Published After 12 Years in the Making”

SOLAS Verified Gross Mass (“VGM”) Countdown: Will You Be Ready On July 1, 2016?

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

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 Organization (“IMO”), Administrations, and industry continue to tackle unanswered compliance questions and concerns.

Below, we discuss the most recent guidance and developments from the U.S. Coast Guard, IMO, and industry organizations, as well as our assessment and views on enforcement, to assist stakeholders in preparing for the July 1 deadline, while taking into account the unique characteristics of various operations and ports. Continue reading “SOLAS Verified Gross Mass (“VGM”) Countdown: Will You Be Ready On July 1, 2016?”

The Well Control Final Rule Is Here, Finally

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

Action Item: The recently published Well Control Rule will require significant changes to Blow-Out Preventer (“BOP”) systems and well operations. Stakeholders in offshore oil and gas operations should carefully evaluate the new measures, review safety procedures, and develop plans to come into compliance within the time frames mandated by the regulations. Continue reading “The Well Control Final Rule Is Here, Finally”

Critical Habitat for Right Whales Expanded

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

Action Item: The National Marine Fisheries Services (“NMFS”) promulgated a final rule identifying critical habitats for the endangered Northern Atlantic Right Whale. Stakeholders involved in spill response, ocean and offshore energy (including renewable energy), fisheries, and other activities requiring federal permits or permission should examine the final rule to determine current possible impacts to activities in the Atlantic Ocean. Additionally, stakeholders involved in industries in the Atlantic Ocean, particularly in the South Atlantic, should consider engaging early with NMFS to minimize permitting delays and costly modifications to plans. Continue reading “Critical Habitat for Right Whales Expanded”

Heavy Lifting: U.S. Coast Guard Confirms Container Verified Gross Mass Requirement Will Not Be Delayed

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

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 confusion and consternation. As the implementation date is July 1, 2016, stakeholders should work together to develop procedures to meet this implementation date because the U.S. Coast Guard has made it clear that it does not intend to delay implementation. Continue reading “Heavy Lifting: U.S. Coast Guard Confirms Container Verified Gross Mass Requirement Will Not Be Delayed”

January 16th Marked Changes in U.S. Sanctions on Iran

Matthew J. Thomas, Jonathan K. Waldron, and Dana S. Merkel

Action Item: January 16, 2016, marked Implementation Day under the Joint Comprehensive Plan of Action (“JCPOA”), an agreement between Iran and the EU3+3 nations (the United Kingdom, France, Germany, Russia, China, and the United States) to ease international trade sanctions in exchange for constraints on Iran’s nuclear capabilities. As of January 16, the United States lifted a number of nuclear-related sanctions on Iran, particularly the so-called “secondary sanctions” related to non-U.S. persons. With limited exceptions, U.S. persons and companies continue to be broadly prohibited from engaging in transactions with Iran, but a limited exception has been implemented to permit foreign subsidiaries of U.S. entities to do business with Iran in some circumstances. Continue reading “January 16th Marked Changes in U.S. Sanctions on Iran”