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Federal Court Of Appeals News

19 Nov 2001

Public Meeting On Tank Level Or Pressure Monitoring Devices

On November 6, the United States Coast Guard held a public meeting in Washington, D.C. to review proposals regarding the installation of devices to monitor cargo levels aboard tank vessels. The issue is the last fragment of unfinished regulatory business compelled by the passage of the Oil Pollution Act of 1990 ("OPA 90"). When OPA 90 was enacted, the U.S. yet, might presage an incipient structural failure. With an abundance of goodwill and a scarcity of technical knowledge, the Congress enacted Section 4110 of OPA and directed the Coast Guard to sort out the details on technical standards and use requirements for devices that would monitor tank pressures and/or cargo levels. These measures were supposed to have been put into effect by 1991.

15 Jun 2000

A Practical Discussion Regarding Compliance

Maritime businesses are increasingly becoming the subject and target of federal criminal investigations. This is due, in part, to the increased emphasis on the enforcement of the criminal provisions of labor, customs and environmental regulatory provisions. A federal investigation of a business or corporation typically begins with federal agents serving a grand jury subpoena requiring the business to produce corporate records and documents. The subpoena requires that the business undertake a diligent and thorough search for the documents called for by the subpoena. Typically, the subpoena will also require that the business present a…

14 Jun 2006

Canada Appeal Denied in Port State Control Case

Transport Canada stated that the Supreme Court of Canada has declined to consider the appeal of the ship owner in a case challenging the decision of Canadian port state control inspectors to detain a ship for an extended period. The Federal Court of Appeals (FCA) of Canada had ruled that the government is not liable for the extended detention of a ship based on an allegedly negligent port state control (PSC) inspection. In the instant case, a Canadian PSC boarding officer determined after a somewhat cursory inspection that certain frames on the foreign ship were excessively wasted and must be replaced before the ship could depart port. The trial court determined that the detention was not in accordance with requirements of the SOLAS Convention and the Tokyo MOU.

29 Aug 2005

Canada: No Liability for Extended Detention

The Federal Court of Appeals (FCA) of Canada ruled that the government is not liable for the extended detention of a ship based on an allegedly negligent port state control (PSC) inspection. In the instant case, a Canadian PSC boarding officer determined after a somewhat cursory inspection that certain frames on the foreign ship were excessively wasted and must be replaced before the ship could depart port. The trial court determined that the detention was not in accordance with requirements of the SOLAS Convention and the Tokyo MOU. Damages were awarded in the amount of C$4,344,859.47, plus prejudgment interest in the amount of C$1,624,212.75. The Government of Canada appealed.