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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)


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


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


Beijing says U.S. Warship Violated Chinese Laws

China's foreign ministry said on Saturday a U.S. warship that sailed near an artificial island claimed by Beijing and several other nations has violated Chinese law by entering its territorial waters. China claims most of the South China Sea


India, China Open Maritime Talks

Pic: Chinese Embassy in India

 Amid enduring tensions over the South China Sea, India and China held inaugural round of talks on maritime cooperation on February 04 in New Delhi.    The meeting of New Delhi and Beijing officials covered a gamut of issues of "mutual interest and prospects for maritime


AIWA Highlights Investment Needs on the Nation’s Marine Highways

Pickel

Nowhere is that more important than on the Atlantic Intracoastal Waterway. As 2016 begins, we at the Atlantic Intracoastal Waterway Association (AIWA) are looking forward to participating in the ongoing dialogue regarding the need for strategic investments in the Nation’s Marine


Obama’s Budget ‘Grossly Imbalanced’ For US Ports -AAPA

Kurt Nagle (Photo: AAPA)

Landside freight transportation funds would increase; navigation, port security and emission reduction funds would drop    The American Association of Port Authorities (AAPA) said today it is encouraged by the potential of significant gains for landside freight transportation programs


China Fines Shippers $63 mln for Price Fixing

China has fined seven shipping companies, including Japan's Kawasaki Kisen Kaisha, a total of 407 million yuan ($62.85 million) for price-fixing, the country's state economic planner said in a statement on Monday. The National Development and Reform Commission (NDRC) said the companies colluded


“K” Line Group to Implement “K” Line Wind program

Photo: Kawasaki Kisen Kaisha

 “K” Line Group (Kawasaki Kisen Kaisha)  taking steps to improve our corporate culture and climate through the “K”-no-Kaze” (“K” Line Wind) program.  Additionally, it is prepared a long-term policy for environmental conservation—called


Crowley Promotes VP and Deputy General Counsel

Kerri McClellan (Photo: Crowley)

Crowley Maritime Corporation announced today that Kerri McClellan has been promoted to vice president and deputy general counsel for the corporation.   McClellan, who is based in Jacksonville and reports to Senior Vice President and General Counsel Mike Roberts


SUNY Maritime to Honor Mort Bouchard

Morton S. Bouchard (Photo: Bouchard Transportation Company)

The State University of New York Maritime College will confer the honorary degree of doctor of science degree on Morton S. Bouchard III, the president and CEO of Bouchard Transportation Company, Inc., during winter 2016 commencement exercises Friday, January 29.   


House Votes to Sink WOTUS Rule

Bill Shuster (Photo: House Transportation and Infrastructure Committee)

The U.S. House of Representatives voted 253-166 Wednesday to eliminate a recent Obama Administration rule that gives the federal government new authority to regulate virtually all waters or wet areas in the United States.   The House approved S. J


CSX Plans $272 Million Intermodal Rail Terminal in NC

Image: METRANS Global Logistics

 Florida-based transportation giant CSX Corp. is planning a $272 million intermodal rail terminal in North Carolina serving the Raleigh region that it envisions as a major transportation hub to make the state’s ports more competitive.  


Oceanside Police Orders Crystaliner from Willard Marine

Crystaliner has been a staple of the law enforcement and surf and rescue departments along the Pacific coast for decades Photo Courtesy Willard Marine

  Willard Marine, Inc., a global leader in the manufacture of mission-proven boats, has received an order to produce a 33-foot, fiberglass harbor patrol boat for the Oceanside Police Department in California based on the iconic “Crystaliner” boat design.  


Medeiros Elected Member of UNCLOS Tribunal

International Tribunal for the Law of the Sea Courtesy Wikipedia

  Mr Antonio Cachapuz de Medeiros was elected today at a Special Meeting of States Parties to the United Nations Convention on the Law of the Sea in New York. The meeting was held to fill the vacancy created by the resignation of Judge Vicente Marotta Range (Brazil) on 18 May 2015


RS Approves Composite Tank Containers

Russian Maritime Register of Shipping (RS) has issued Certificates of approval for tank containers made of polymer composite materials (PCM) intended for transportation of aggressive media. The manufacturers of tank containers are JSC “Research and production corporation


Coast Guard Hearing on El Faro Sinking

Stern of the El Faro (Photo:NTSB)

The U.S. Coast Guard will conduct a public Marine Board of Investigation hearing into the loss of the United States-flagged steam ship EL FARO, and its 33 crewmembers.     The first hearing session will focus on the pre-accident historical events relating to the loss


Ferries: An Economic Driving Force

Serge A. Buy

While most people know that ferries are a method of transportation, few have a good understanding of the nature of the sector and its importance. In Canada, ferries transport more than 55 million passengers, over 19 million vehicles, billions of dollars’ worth of goods and they employ close






 
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