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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


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


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


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.


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)


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


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


K Line, MOL, NYK Announce Container Business Merger

Containership MOL Commitment. Photo: Mitsui O.S.K. Lines

Kawasaki Kisen Kaisha (K Line), Mitsui O.S.K. Lines (MOL) and Nippon Yusen Kabushiki Kaisha (NYK)  announced the establishment of a holding company and an operating company, for the integration of the three companies' container shipping businesses


Marco Polo Seeks Protection from Creditors

Photo: Marco Polo Marine Ltd

 The Board of Directors of Marco Polo Marine informed that PT Marcopolo Shipyard (PTMS), has filed an application to place itself under a Penundaan Kewajiban Pembayaran Utang (PKPU) suspension of debt payment plan in accordance with Law on Bankruptcy and Suspension of Debt Payment.  


Maritime Expert Hails NIMASA for Removing Wrecks

Pic: The Nigerian Maritime Administration and Safety Agency

 The reported wrecks removal initiative by the Nigerian Maritime Administration and Safety Agency (NIMASA) has received wide commendations from industry player and Stakeholder in the maritime sector, Dr. Chris Asoluka.   Speaking in Lagos recently, Dr


Spanish Cabinet Attempts Port Reform Again

File Image (CREDIT: AdobeStock / (c) Lucian Milasan)

The Spanish cabinet passed a decree on Friday aimed at liberalizing the country's ports, a second effort at a contentious law which has already been rejected by parliament and prompted threats of widespread strikes.   The Mediterranean's largest ports, Valencia and Algeciras


Crowley to Supply LNG in Puerto Rico

Photo: Crowley

Crowley Maritime Corp.’s  liquefied natural gas  (LNG) services group has been awarded a multi-year contract to supply additional volumes of containerized, U.S.-sourced LNG to a major pharmaceutical company’s manufacturing plants in Puerto Rico.  


AWO Testifies on Carrier Alliance, Tug Negotiations

Tom Allegretti (Photo: AWO)

AWO testifies before Congress on dangers of foreign carrier alliances negotiating collectively with U.S. tugboat operators   Tom Allegretti, President & CEO of The American Waterways Operators, testified before the House Transportation & Infrastructure Committee's Subcommittee on


Op/Ed: CBP’S Lawful Jones Act Revocation

© currahee_shutter / Adobe Stock

In 2009, the U.S. offshore marine sector received a long over-due indication that the U.S. Customs and Border Patrol (CBP) was preparing to close loopholes and enforce U.S. law in accordance with the Jones Act. This happened when the agency unhesitatingly issued its first revocation of more than


Lines in the Water

Photo: Carlos Rivera / U.S. Customs and Border Patrol

There are a variety of jurisdictional lines in the water. The first line to be considered is the national boundary between two adjacent or nearby countries. Adjacent countries tend to draw agreed boundaries extending their shoreside boundaries, with accommodations for headlands, capes, etc


Vard to Build Live Fish Transport Vessel

Image: Vard

Vard Holdings Limited has secured a contract for the design and construction of one live fish transportation vessel for Fjordlaks Aqua in Ålesund, Norway.   The new live fish transportation vessel of VARD 8 50 design is scheduled for delivery from Vard Aukra in Norway in 3Q 2018


Senate Hearing on USMMA Issues Scheduled

The Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Senate Committee on Appropriations will hold a hearing on 5 April to examine protecting midshipmen, focusing on preventing sexual assault and sexual harassment at the U.S. Merchant Marine Academy.


Ocean RIG Files for Bankruptcy Protection in US

Photo: Ocean RIG

Rig contractor Ocean RIG UDW Inc filed for Chapter 15 bankruptcy protection in a U.S. court amid a deep and prolonged downturn in the industry. Shares of the company plunged 36.4 percent to 46 cents in early trading on Tuesday. The Cyprus-based company, which had $3


Deck Carrier BigRoll Beaufort Delivered

BigRoll Beaufort (Photo: BigRoll Shipping)

The heavy marine transportation provider BigRoll Shipping has reached a milestone. The fourth and final MC Class vessel for BigRoll shipping was handed over by Cosco Dalian Shipyard Co. Ltd to new owner BigRoll Shipping in Leiden, the Netherlands.  


Dinh-Zarr to Serve as NTSB Acting Chairman

Bella Dinh-Zarr (Photo: NTSB)

Christopher A. Hart’s term as Chairman of the National Transportation Safety Board concluded on schedule Wednesday and Vice Chairman Bella Dinh-Zarr will serve as the agency’s acting chairman.   Hart will remain at the NTSB


Container Lines to Cut Terminal Cost in China

Pic: Cosco

 Eleven container liner transportation companies have promised to cut or standardize the Terminal Handling Charges (THC) in order to lower nearly 3.5 billion yuan burden of export enterprises each year, according to National Development and Reform Commission (NDRC).   


Last Port of Call for the U.S. Merchant Marine?

Part II in a two-part series, continued from the January 2017 edition of Maritime Reporter & Engineering News. Read Part I here.     Government Ownership If reliance on the foreign commercial market is risky because of uncertain reliability, then what of U.S






 
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