The U.S. Army Corps of Engineers is adjusting its civil penalty rules to account for inflation. Effective July 26, the maximum Class I civil penalty that the agency may assess under the Clean Water Act and the National Fishing Enhancement Act will increase to $11,000. 69 Fed. Reg. 35515 (HK Law)
The Federal Maritime Commission (FMC) issued a Notice reporting that it entered into nine compromise agreements with vessel-operating common carriers (VOCCs), ocean transportation intermediaries (OTIs), freight forwarders, and proprietary shippers regarding alleged violations of the Shipping Act of 1984. Under the agreements, the FMC will recover an aggregate amount of $549,000 in civil penalties. Source: HK
The U.S. Coast Guard Marine Safety Office San Francisco Bay is investigating the near collision between a container ship Santa Monica and the fishing vessel Cheryl-C near the Golden Gate Bridge. At approximately 7:50 a.m. on August 16, 2005, the container ship Santa Monica was traveling outbound past the Golden Gate Bridge and had to make a drastic course change to avoid a collision with the fishing vessel Cheryl-C
Reports indicate that New Jersey's attorney general sued Royal Caribbean Cruises Ltd. for diverting a Bermuda-bound cruise to Canada last summer and refusing to issue refunds. The cruise line said a looming storm prompted the change, and was adhering to policies. The state's lawsuit accuses the cruise line of violating the state Consumer Fraud Act. It seeks restitution for the people aboard the ship plus civil penalties.
The US Customs and Border Protection (CBP) issued its Advance Passenger Information System (APIS) Guide for Vessels. APIS manifests are required to be submitted through the USCG electronic Notice of Arrival/Departure (eNOA/D) web portal for all commercial vessels arriving from or departing for a foreign port or place. The Guide serves to describe the criteria used and the manner in which CBP evaluates the APIS manifest’s compliance with the submission requirements
Boarding team members from Coast Guard Station Yankeetown stopped four unsafe passenger vessels operating on the Crystal River, Fla., and in the vicinity of Homosassa, Fla., Dec. 29, through Dec. 31, 2008. During random safety boardings, crewmembers discovered two commercial vessels operated by Stadt Aquatic Adventures operating with more than their maximum allowable passengers. Additionally, Yankeetown crews discovered that the captain of the second vessel failed to properly report a marine
The Coast Guard is establishing a temporary moving security zone of 500 yards surrounding tank ships while within the waters of Puget Sound and adjacent waters, WA. All vessels within 500 yards of a tank ship shall operate at the minimum speed necessary to maintain a safe course, and shall proceed as directed by the Official Patrol or tank ship master. The Official Patrol will consist of a Coast Guard patrol, or a General Authority Washington Peace Officer
Starting December 1, port workers must have a TWIC to gain unescorted access to facilities in all port facilities. A TWIC is required for any individual requiring unescorted access to secure areas of port facilities, such as vessel crewmembers, longshoremen, truckers, agents, and contractors. It can take four to six weeks from the time of enrollment to the time that an applicant receives their TWIC, so port workers need to enroll as soon as possible to meet the December 1enforcement date.
Riverkeeper, a New York clean water advocate, commended the New York City Council for passing Int. 54-A, a bill substantially increasing penalties for illegal dumping in New York City Waters. The bill, passed unanimously by the City Council, creates a new civil penalty for dumping into the waterways where none currently exists, setting fines at not less than $1,500 or more than $10,000 for the first violation, and not less than $5,000 or more than $20,000 for each subsequent violation.
The US Bureau of Safety & Environmental Enforcement (BSEE) notify company they must take immediately improve safety performance. BSEE notify Black Elk Energy Offshore Operations (Black Elk) must take immediate steps to improve its safety performance on the U.S. Outer Continental Shelf (OCS). The specific actions were detailed in a letter to the company that follows a number of enforcement actions taken by the bureau over the past two years related to violations of federal regulations
The Federal Maritime Commission announced compromise agreements reached with two common carriers operating pure car carriers (PCCs) and roll on/roll off (RO/RO) vessels in U.S. inbound and outbound trades. Under these separate agreements, Kawasaki Kisen Kaisha Ltd
The Federal Maritime Commission (FMC) announced that it has completed compromise agreements recovering a total of $350,000 in civil penalties. The agreements were reached with a vessel-operating common carrier and three non-vessel-operating common carriers (NVOCCs)
U.S. EPA has served subpoenas in connection with the investigation into potential violations of MARPOL Annex and the Act to Prevent Pollution from Ships (APPS) following the coming into force of the North American Emissions Control Area (ECA) on 1, August 2012.
A former 20-year veteran of BP plc who oversaw the company's cleanup efforts from the Deepwater Horizon oil spill will pay more than $224,000 to settle civil charges alleging he used non-public information about the disaster to commit insider-trading, U.S. regulators said on Thursday.
BP Exploration and Production Inc. Agrees to Plead Guilty to Felony Manslaughter, Environmental Crimes and Obstruction of Congress Surrounding Deepwater Horizon Incident; BP Agrees to Pay a Record $4 Billion in Criminal Fines and Penalties Two Highest-Ranking BP Supervisors on Deepwater Horizon
What is the duty of a vessel owner when his vessel sinks and becomes a hazard? What is a facility’s duty when it comes to vessels at their docks? On top of the oil, wreckage, and loss of use, there are legal duties and penalties for parties associated with the vessel – under
Transocean Ltd. (NYSE: RIG) (SIX: RIGN) announced that it has reached an agreement with the U.S. Department of Justice to resolve certain outstanding civil and potential criminal claims against the company arising from the April 20, 2010, accident involving the Deepwater Horizon in the Gulf of
Transocean pleads guilty, sentenced to pay $400-million in penalties for criminal conduct leading to the disaster. Transocean Deepwater Inc. has pleaded guilty to a violation of the Clean Water Act (CWA) for its illegal conduct leading to the 2010 Deepwater Horizon disaster
The U.S. Environmental Protection Agency and the Hawaii State Department of Health settle with Marisco Ltd for pollution offences. The violations took place at Marisco's ship repair and drydock facilities at Kalaeloa Barbers Point Harbor on Oahu
In the realm of marine casualties and incidents, each case has its own set of facts, cast of mariners and vessels involved and, frequently, sharp differences of opinion regarding same. The one common denominator of most marine casualties, however, is the requirement to report them to the U.S
Offshore U.S. Gulf energy operators have already paid a steep price; more pain could come. Drilling in the Gulf of Mexico is now close to levels seen before the April 2010 Macondo spill that took 11 lives and caused the nation’s worst offshore oil spill
It has been over three years since the tragic accident occurred aboard the Deepwater Horizon on April 20, 2010. The industry and the relevant federal agencies have done much to put in place improved safeguards to prevent such an accident – which left 11 dead and 17 injured – from
Bureau of Safety and Environmental Enforcement (BSEE) Director Brian Salerno cited 12 offshore operators for their failure to demonstrate compliance with the Safety and Environmental Management Systems (SEMS) requirements of the Workplace Safety Rule, 30 CFR Subpart S
The Coast Guard has issued monetary penalties to three vessel operators in violation of federal regulations related to tank vessel response plan requirements. The vessels Pacific Galaxy, operated by Synergy Maritime PET, Tamar, operated by MTM Ship Management, and Yayoi Express
In recent months, the Coast Guard received complaints alleging that certain waterfront facilities within the Sector Houston-Galveston area of responsibility are charging an unreasonable price to remove MARPOL residues/waste from vessels.