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Transportation Law

President Bush signs Marine Highway Legislation

On Dec. 19, 2007, President George W. Bush signed into law the Energy Independence and Security Act of 2007, which contains provisions establishing a formal marine highway program within the federal government. Under the new law, marine highway or "short sea" transportation refers to the carriage by vessel of cargo in containers, loaded on the vessel by cranes or by means of wheeled technology. Specifically, the new law requires the establishment of a program and the designation of transportation projects to mitigate landside congestion. The program will encourage the development and expansion of vessels, shippers, port and landside infrastructure, and marine transportation strategies by state and local governments. Water transportation routes will be designated as extensions of the surface transportation system to focus public and private efforts to use the waterways to relieve landside congestion along coastal corridors. A project may be so designated if it offers a waterborne alternative to available landside transportation services using vessels and provides transportation services for passengers, freight or both. For designated transportation projects, the federal government will promote the use of waterborne transportation services as well as coordinate the development of landside facilities and infrastructure with ports, state departments of transportation, localities, other public agencies, and the private sector


Maritime Transportation Act Signed into Law

The White House issued a Press Release stating, among other things, that President Bush signed into law the Coast Guard and Maritime Transportation Act of 2004 (H.R. 2443). In addition to serving as the annual authorization act for the Coast Guard and the Federal Maritime Commission, this law inserts an exemption for certain passive owners (primarily institutional lenders) into OPA 90, mandates oil spill response plans for non-tank vessels in excess of 400 gross tons


DHS: Limited Waiver of Coastwise Restrictions

The Department of Homeland Security (DHS) published the temporary waiver of compliance with coastwise trade restrictions to assist in the recovery from the effects of Hurricanes Rita and Katrina. The coastwise trade laws have been waived, until 12:01 a.m., October 24, 2005, for transportation of petroleum and refined petroleum products from one U.S. port to another U.S. port. The earlier waiver of coastwise trade laws for transportation of petroleum released from the Strategic Petroleum


Administrative Process For Jones Act Waivers

The U.S. coastwise laws (primarily the Jones Act and the Passenger Vessel Services Act) require to carry cargo or passengers between U.S. ports, a vessel must be U.S.-flagged, U.S.-crewed, U.S.-built, and U.S.-owned. Traditionally, the only way for a non-qualified vessel to obtain the right to engage in domestic service has been for Congress to enact special legislation granting the privilege to the vessel by name. Public Law 105-383, enacted in November 1998


Bill Promotes US LNG Vessel Transport

Congressman John Garamendi (D-CA-03), Ranking Member of the House Transportation and Infrastructure’s Coast Guard and Maritime Transportation Subcommittee, introduced H.R. 5270, the Growing American Shipping Act, which aims to modernize U.S. LNG shipping export laws and strengthen the maritime industry. The Subcommittee’s Chairman, Congressman Duncan Hunter (R-CA-50), joined the legislation as an original cosponsor.


TRB – Harbor Safety Committee Conference

The Puget Sound Harbor Safety Committee will host the 2008 Harbor Safety Committee Conference in Seattle on May 12-14. The conference offers an opportunity for HSCs and other stakeholders from around the country to exchange information on current challenges, best practices, case studies, and lessons learned and to engage both public and private executive leaders on issues relating to marine transportation. The conference is organized by the U.S


Upcoming hearing on USCG and FMC budgets

The Subcommittee on Coast Guard and Maritime Transportation of the House Committee on Transportation and Infrastructure will conduct a hearing on March 4, 2004. The subcommittee will examine the Coast Guard and Federal Maritime Commission budget requests for FY 2005 and the Coast Guard Authorization Act for FY 2005. Source: HK Law


Field Hearing On Delaware Oil Spill

The House Committee on Transportation and Infrastructure released a Schedule stating that the Subcommittee on Coast Guard and Maritime Transportation will conduct a field hearing in Philadelphia on January 18. The hearing will examine circumstances surrounding the recent oil spill in the Delaware River. (HK Law)


Hearing on New Orleans Oil Spill

On September 16, the Subcommittee on Coast Guard and Maritime Transportation of the House Committee on Transportation and Infrastructure will conduct an oversight hearing on the Oil Spill in New Orleans in July 2008 and Safety on the Inland River System. Source: HK Law


Hearing on Vessel Rebuilding

The Subcommittee on Coast Guard and Maritime Transportation of the House Committee on Transportation and Infrastructure conducted a hearing on Rebuilding Vessels under the Jones Act. The law requires, for vessels eligible to engage in the coastwise trade, that any rebuilding, including the construction of any major component of the hull or superstructure, be done in the . Committee Chair James Oberstar (D-MN) noted the need for consistency in application of the rebuild regulations


Findland Fairway Due Law

  Based on the Finland Ministry of Transport and Communication’s maritime strategy, the Finnish parliament has announced a final and lawful decision on the new fairway due law as follows: - The new fairway due law is temporary, being effective 2015-2017


EU: Ships Will Measure CO2 Emissions

Shippers to begin monitoring from 2018; Environmental groups say law is weak, shippers favorable. The shipping sector will for the first time have to monitor its carbon emissions under a law agreed by the European Union on Wednesday, intended as a step towards tackling a growing source of


How Difficult is it to Obtain a Jones Act Waiver?

The American Salvage Association’s Jon Waldron provides the ultimate cabotage primer. There always seems to be constant chatter about waiving the Jones Act. In reality, it is a simple task to demystify the thought that it is easy to obtain such waivers


The Legal Consequences of 46 CFR Subchapter “M”

Daniel J. Fitzgerald

As the holiday season and the end of another year quickly approaches, the towing industry patiently waits for the Coast Guard to finalize the long-awaited towing vessel inspection rule.  More than 10 years ago, Congress passed the Coast Guard and Maritime Transportation Act of 2004


Crowley Wins 2nd Commercial LNG Supply Contract

Photo courtesy of Crowley

Crowley Maritime Corp.’s Liquefied Natural Gas (LNG) services group has been awarded a second, multiyear contract to supply containerized, U.S.-sourced LNG to a pharmaceutical company’s manufacturing plants in Puerto Rico. The contract


MARAD Releases Port Planning and Investment Toolkit

New Toolkit Will Assist U.S. Ports in Securing Funding for Infrastructure Projects  The U.S. Department of Transportation’s Maritime Administration (MARAD) today released the first module of the Port Planning and Investment Toolkit, a manual designed to aid U.S


Australia Monitoring Russian Naval Vessels

The Australian Defense Force said it is monitoring Russian naval vessels that are currently transiting through international waters to the north of Australia. In accordance with international law, Defiance has been monitoring the Russian vessels


AMS Presents 2014 Safety Awards

Bouchard Transportation Company, Circle Line Sightseeing Cruises, General Dynamics/American Overseas Marine Corporation, Patriot Contract Services and U.S. Shipping Corporation receive 2014 Maritime Safety Awards (Photo: AMS)

Nonprofit maritime trade association American Maritime Safety (AMS) held its 25th Annual Membership Meeting at The Yale Club of New York City on Thursday, October 23, honoring five member companies with Maritime Safety Awards in recognition of their dedication to promoting safe vessel navigation


WFW Advises ING Bank on $340m Loan Facility for Euronav

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Watson, Farley & Williams (WFW) has advised ING Bank N.V. (ING) as sole bookrunner and facility agent for a syndicate of banks on a $340 million loan facility made available to Euronav NV. The facility is comprised of a $192m term loan facility and a revolving credit facility of up to $148m


Iridium Partners with Trimble to Support Expansion

Iridium Communications Inc. announced an agreement with Trimble that expands the company's use of satellite communications in its core Transportation and Logistics (T&L) solutions beyond the North American market. Under the agreement, Iridium will provide satellite Machine-to-Machine (M2M)


Sen. McConnell Named Champion of Maritime

Stephen Little, President and CEO of Paducah, KY based Crounse Corporation presents the Champion of Maritime award to Senator Mitch McConnell, who noted the huge impact America’s domestic maritime industry has in his home state of Kentucky.

Kentucky ranks top five in nation for U.S. maritime jobs Today, Sen. Mitch McConnell (R-KY) was named a Champion of Maritime by the American Maritime Partnership (AMP), the voice of the domestic maritime industry. As U.S. Senate Minority Leader


AMP's Allegretti Questions Jones Act Critics

AMP Chairman Tom Allegretti

Tom Allegretti, Chairman of the American Maritime Partnership (AMP), the voice of the domestic maritime industry, today highlighted the continued renaissance of the nation’s maritime sector, particularly its robust response to meet new water transportation demands created by the surge in


Port, UNO Host 1st Annual Maritime Workforce Summit

A Containership passes the Port of New Orleans (courtesy Port of New Orleans)

Summit Set for October 8, 2014 at UNO’s Lindy Boggs International Conference Center from 8:30 a.m. until 12:30 p.m. With a focus on educating and engaging community stakeholders on maritime jobs opportunities, the Board of Commissioners of the Port of New Orleans and the University of New


IRPT, Community College MoA on Maritime Training

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The Inland Rivers, Ports and Terminals (IRPT) Trade Association announced today that it has entered into a memorandum of understanding with Lewis & Clark Community College - National Great Rivers Research and Education Center (NGRREC) and the Mississippi River Transportation


US River Infrastructure Near breaking Point

File Photo: Inland Tow Underway

With a record U.S. harvest just coming in, the river transportation system that is at the heart of the nation's farm economy is overstrained by rising demand for shipping capacity, a low barge inventory, and a dilapidated lock system. The pressure is building on an inland waterways network that






 
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