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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


U.S. National Transportation Statistics 2002 Released

The U.S. Bureau of Transportation Statistics released the National Transportation Statistics 2002 In the maritime sector, the report notes that the number of U.S.-flag ocean-going vessels of 1,000 gross tons and over decreased from 2,926 in 1960 to 443 in 2001. The U.S. ocean-going tonnage decreased from 32,567,000 dwt to 14,978,000 dwt during this same period. Average vessel size rose from 11,130 dwt to 33,810 dwt. Source: HK Law


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.


CTAC – Members Sought

The Coast Guard is seeking applications for appointment to membership on the Chemical Transportation Advisory Committee (CTAC). The committee advises the agency on matters relating to the safe and secure transportation and handling of hazardous materials in bulk on US-flag vessels in US ports and waterways. Applications should be submitted by August 31. 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)


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


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


AMP Applauds Chao as Secretary of Transportation

Elaine L. Chao (File photo: Elaine L. Chao / U.S. Department of Labor)

The American Maritime Partnership (AMP) has issued the following statement on the selection of Secretary Elaine L. Chao as the next United States Secretary of Transportation.   “The American Maritime Partnership congratulates Secretary Elaine Chao for her nomination by President-elect


Wiswall Receives International Maritime Prize

Dr. Frank Lawrence Wiswall Junior (Photo: IMO)

Maritime lawyer Dr. Frank Lawrence Wiswall Junior, former Chair of the International Maritime Organization (IMO) Legal Committee and Vice President (Honoris Causa) of the Comité Maritime International (CMI), has received the International Maritime Prize for 2015 for his contribution to the


New Orleans Receives $1.75 Mln for Port Upgrade

Paul Chip Jaenichen visits with Gary LaGrange at the Port of Greater Baton Rouge to officially award a MARAD grant of $1.75 million for Container on Barge service. The visit and award ceremony was held at the SEACOR AMH office Tuesday, Dec. 6, 2016 at the Ports Inland Rivers Marine Terminal in Port Allen, La. Port of New Orleans (Photo: Port of New Orleans)

U.S. Department of Transportation’s Maritime Administrator Paul “Chip” Jaenichen visited the Port of Greater Baton Rouge’s container-on-barge operation Tuesday while delivering his personal congratulations on the recent awarding of a $1


Crowley Scholarships for USMMA Cadets

Crowley Maritime awarded six U.S. Merchant Marine Academy (USMMA) cadets with Thomas B. Crowley Memorial Scholarships. (Photo: Crowley Maritime)

Crowley Maritime awarded six U.S. Merchant Marine Academy (USMMA) cadets with Thomas B. Crowley Memorial Scholarships during  the Containerization and Intermodal Institute’s Connie Awards luncheon in Newark, N.J. Crowley’s Jenny Terpenning, supervisor, marine recruiting


FMC Collects $338,000 In Penalty Payments

Photo: FMC

Federal Maritime Commission Chairman Mario Cordero announced that the Commission has completed compromise agreements recovering a total of $338,000 in civil penalties. The agreements were reached with one vessel-operating common carrier and six ocean transportation intermediaries (both


Agile Network Enhances Global Shipping Solutions

Photo: Agile Network

 Agile Network, a provider of multi-carrier and multi-modal transportation execution technology in North America, announced it has reached an agreement for the acquisition of Pantechnik International, a leading provider of transportation execution technology in Europe and Asia.   


ICS Letter to Canadian Transport Minister

Peter Hinchliffe (Photo: ICS)

ICS Secretary General Peter Hinchliffe reaches out to the Canadian Transport Minister in a letter this week. The text of that letter follows below:   Dear Minister Garneau,   I am writing on behalf of the International Chamber of Shipping (ICS) which is the principal global trade


OCEAN Alliance Gains US Approval

File photo: Port of Long Beach

The proposed OCEAN Alliance between several of the world’s largest container shippers has received approval from the U.S. Federal Maritime Commission (FMC), allowing it to become effective Monday, October 24, 2016.   The OCEAN Alliance, comprising COSCO Shipping, CMA CGM


US Awards $4.85 Mln for Waterways Projects

U.S. Transportation Secretary Anthony Foxx today announced $4.85 million in grants to six Marine Highway projects along the waterways of 17 states and the District of Columbia. The goal of the Maritime Administration’s Marine Highway Program is to expand the use of U.S


US Seeks Applications for FASTLANE Grants

Anthony Foxx (Photo: USDOT)

U.S. Transportation Secretary Anthony Foxx today announced that the U.S. Department of Transportation’s Build America Bureau is now soliciting applications for up to $850 million in Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies


MARAD Grant Boosts Container Barge Efficiency

Photo: Port of Greater Baton Rouge

Container Loading Equipment to Provide Greater Efficiencies for Container on Barge Service Between Baton Rouge and New Orleans.   The Port of New Orleans and the Port of Greater Baton Rouge will acquire specialized container loading equipment to increase efficiencies to the current


South China Sea Arbitration: Implications for Maritime and O&G

(Credit: Blank Rome LLC)

A recent decision by an international tribunal in The Hague, Netherlands, has significant implications for other maritime disputes, freedom of navigation, and future oil and gas claims in the Arctic.      The arbitral award issued on July 12, 2016


Holcomb to Speak at Indiana Logistics Summit

Newly-elected Indiana Governor Eric Holcomb Photo  Ports of Indiana

Newly-elected Indiana Governor Eric Holcomb will provide special keynote remarks at next week's Indiana Logistics Summit.  The two-day event is scheduled for Nov. 16-17 at the Indiana Convention Center and the Governor-elect will speak at 9 a.m. in the Sagamore Ballroom on Thursday, Nov. 17


IMO’s Climate Change Mandate

Photo: International Maritime Organization (IMO)

An audience of lawyers and academics have heard that the United Nations Convention on the Law of the Sea (UNCLOS) gives a clear mandate for IMO to prevent, reduce and control pollution of the marine environment from or through the atmosphere and to address climate change.  


WFW advises CMB Financial Leasing on Sale, Leaseback of Eight Vessels

International law firm, Watson Farley & Williams (“WFW”), advised CMB Financial Leasing Co. Ltd (“CMB”) in respect of: (i) the sale of eight container vessels by NOL Liner (Pte.) Ltd to certain Singapore incorporated SPVs wholly owned by CMB International Leasing






 
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