Marine Link
Thursday, April 19, 2018

Law Implements News

Maritime Pollution Prevention Act Signed into Law

President Bush has signed into law the Maritime Pollution Prevention Act of 2008 (H.R. 802). This law implements for the United States Annex VI to the MARPOL Convention (Prevention of Air Pollution from Ships). The Environmental Protection Agency (EPA) issued a news release discussing the new legislation.

What Happens to Maritime Treaties?

Photo:  International Maritime Organization (IMO)

Throughout the maritime world, the technical regulations developed and adopted by the International Maritime Organization (IMO) are well known. Shipmasters and officers, as well as expert trainers and educators, spend many hours getting to grips with the knowledge needed to implement and impart the detailed regulations governing ship safety and security and the prevention of pollution from ships. But there is an important first step which needs to happen between adopting a new regulation or amendment and its entry into force and application on board ships.

IMO Urges Implementation of Security Measures

The IMO issued a Circular

Brazil Implements Ballast Water Convention

The IMO issued a Circular forwarding a communication from the Government of Brazil stating that, effective 15 October 2005, Brazil has implemented domestic legislation, based on the ballast water convention, requiring ships to carry out ballast water discharge and related measures. Source: HK Law

Australia Implements MSIC Program

The Australian Minister for Transport and Regional Services said that the government will implement its Maritime Security Identification Card (MSIC) program on 1 January 2007. Of the 57,000 maritime industry workers who submitted applications for such cards by the 27 October 2006 deadline, over 56,000 have been issued their permanent cards. The remaining 1,000 will be issued temporary passes until their permanent cards are available. An additional 9,000 applications that were submitted after the deadline will be processed as promptly as possible. Source: HK Law

Owner and Operator Sentenced to $1m Fine

The US Department of Justice said that the owner and operator of a foreign freighter pleaded guilty to violation of federal law by illegally discharging waste oil while bypassing the ship’s oily water separator and making false entries in the ship’s oil record book. The owner and operator were sentenced to pay a fine of $1 million, make a community service payment of $250,000, and implement a court-monitored environmental compliance program. Source: HK Law

Vietnam Mulls Coast Guard 'Open Fire' Rules

(File photo courtesy of the Vietnam Coast Guard)

Vietnam wants to give its coast guard more flexibility to open fire at sea, amid tension in the busy South China Sea waterway, a draft law released on Wednesday showed. The law, expected to be voted by lawmakers at the end of this year, would allow greater assertiveness in disputed waters by the coast guard, now armed with modern U.S. and Japanese patrol boats, in a policy likely to alarm neighbouring China. China claims almost all the South China Sea, through which about $3 trillion worth of sea-borne trade passes every year.

Intelsat Announces Proposed Offering of Senior Notes

Intelsat S.A. announced that its subsidiary, Intelsat (Luxembourg) S.A. intends to offer $1,500,000,000 aggregate principal amount of senior notes due 2021. Intelsat Luxembourg's obligations under the notes will be guaranteed by Intelsat S.A. The net proceeds from the sale of the notes are expected to be used by Intelsat Luxembourg to redeem $915,000,000 aggregate principal amount of its outstanding 11½/12½% Senior PIK Election Notes due 2017 (the "2017 PIK Notes") in its previously announced redemption on April 5, 2013, to redeem an additional $460,000,000 aggregate principal amount of its outstanding 2017 PIK Notes, to pay related fees and expenses and for general corporate purposes…

NSEERS to be Implemented by INS

The U.S. Department of Justice issued a press release stating that the first phase of the National Security Entry-Exit Registration System (NSEERS) will be implemented by the Immigration and Naturalization Service (INS) at selected ports of entry throughout the United States on September 11, 2002. After an initial 20-day period for testing and evaluation, NSEERS will be implemented at all U.S. ports of entry - including seaports - on October 1, 2002. be fingerprinted at the port of entry. in place for many years, but has not been enforced in decades. risk.

Sener's FORAN Scores in Boxship Design

Photo: SENER

SENER said that two container ships designed by the Chinese company CIMC ORIC – that are part of a series designed with SENER’s FORAN System â€“ are in operation. BG Diamond and BG Jade that have been launched and are operating in the Pacific Ocean. The vessels were built in Chinese Changhong International Shipyard. The floating ceremony of the first one, BG Diamond, took place in July 2017. The series include 4+4 vessels in total, so there are still six vessels under construction. FORAN system was implemented in this design company in December 2015.

$252m Finance for LNG-Powered Tankers

Gary Walsh is a partner in the firm’s Asset Finance Group. Photo WFW

Watson Farley & Williams (“WFW”) has advised ING Bank (“ING”), as agent, security trustee and the syndicate of lenders on the US$252m financing of the world’s first ever LNG-powered aframax tankers for leading Russian shipowner Sovcomflot Group (“SCF”). The six 114,000dwt, ice-class vessels are being built by Hyundai Samho, with two of the vessels to operate under time charter to Shell for up to ten years. Shell will also provide LNG fuel for all six tankers across north-west Europe and the Baltic.

USCG – Coordination of e-NOA/D with SLSDC

The USCG National Vessel Movement Center (NVMC) issued a news item stating that it is working with the Saint Lawrence Seaway Development Corporation (SLSDC) to include their “at least 96 hours prior to westbound entry of the Saint Lawrence Seaway (SLS) at C.I.P. 2” notification into the USCG electronic Notice of Arrival and Departure (e-NOA/D) system. It is anticipated that this coordinated notification system will be implemented prior to the start of the 2008 SLS navigation season. Source: HK Law

USCG Implements Authorization Act

Admiral Bob Papp, Commandant, US Coast Guard issued ALCOAST 507/10, explaining in part how he intends to implement the recently-signed Coast Guard Authorization Act of 2010. Even though the new law does not require continuation of the Atlantic and Pacific Area Commands, he will retain these positions. The Chief of Staff will become the Deputy Commandant for Mission Support (DCMS). The position of Deputy Commandant for Operations (DCO) will become a Vice Admiral billet. (10/15/10). (Source: Bryant’s Maritime News)  

Australian Customs Issues Addresses Maritime Surveillance

The Australian Minister for Customs issued a Media Release stating that the Australian Customs Service’s Annual Report has been tabled in Parliament. Among other things, the report discusses the significant enhancement to maritime surveillance that the agency implemented during 2005. Source: HK Law

Alaska Low-Sulfur Diesel Fuel Transition

The US Environmental Protection Agency (EPA) promulgated its final rule implementing requirements for sulfur, cetane, and aromatics for highway, nonroad, locomotive, and marine diesel fuel produced in, imported into, and distributed or used in the rural areas of Alaska. Beginning June 1, 2010, diesel fuel used in these applications must meet the 15 ppm (maximum) sulfur content standard. Source: HK Law

Proposal: Streamline Maritime Comm Regs

The Federal Communications Commission (FCC) issued a proposal to further implement the Global Maritime Distress and Safety System (GMDSS) and continue the process of streamlining, consolidating, and revising domestic maritime radio regulations. Comments should be submitted by June 7, 2004. 69 Fed. Reg. 18007 (HK Law).

Company Pleads Guilty to Dumping Waste Oil

The U.S. Attorney for the Western District of Washington has stated that a Norwegian shipping company has pled guilty to criminal charges related to dumping of waste oil at sea and agreed to pay a $3.5 million fine. The company will also develop and implement a comprehensive environmental compliance program for its fleet of vessels and serve four years probation. (Source: HK Law)

Homeland Security Department Proposes SAFETY

The Department of Homeland Security issued a Notice of Proposed Rulemaking (NPRM) that would, if adopted, establish a program to implement the Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act of 2002. The SAFETY Act is intended to provide critical incentives for development and deployment of anti-terrorism technologies by providing liability protection for sellers of 'qualified anti-terrorism technologies' and others. Comments on the NPRM should be submitted by August 11, 2003. 68 Fed. Reg. 41420 Source: HK Law

Canada Proposes Amendments to MTSR

Transport Canada published proposed amendments to the Maritime Transportation Security Regulations (MTSR). The proposal, if adopted, would implement for Canada recent changes to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention) and require that the vessel security officer (VSO) have a certificate of proficiency. Comments on the proposal should be submitted by November 12. [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. Existing law, written before the natural gas boom when it was thought America would be a liquefied natural gas (LNG) importer, authorizes the Secretary of Transportation to develop and implement a program to promote the transportation of imported LNG on U.S.-flag vessels.

USCG to Require Drydocking of Single Hull Tank Ships

The Coast Guard has decided (somewhat belatedly) to implement IMO Resolution MSC.105(73) by not allowing any US flag non-double hull tank ship 15 years and older that trades internationally and is subject to SOLAS to conduct an underwater inspection in lieu of drydock (UWILD). A certificated tug and non-double hull barge that operate as a push-mode ITB is treated by the Coast Guard as a tank ship for this purpose. Source: HK Law

House Committee Approves Air Emissions Bill

The House Committee on Transportation and Infrastructure said that it approved a number of bills, including H.R. 802, which, if enacted, will implement for the United States Annex VI to the MARPOL Convention. The Annex addresses regulations for the prevention of air pollution from ships. Source: HK Law

IMO – Mandatory Ship Reporting Systems

The IMO issued a circular regarding one new mandatory ship reporting system and amendments to two current systems. The new system is in the Galapagos Particularly Sensitive Sea Area (PSSA). The systems will be implemented on 1 July 2007. Source: HK Law

Maritime Reporter Magazine Cover Apr 2018 - Offshore Energy Annual

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