Coast Guard Issues Key Jones Act Rebuild Determination
U.S.-flag vessels eligible for the U.S. coastwise (Jones Act) trade cannot be "rebuilt" outside the United States without losing permanently their Jones Act eligibility. Pursuant to its regulations, the U.S. Coast Guard issues preliminary determinations to vessel owners seeking to have foreign work done on their vessel so as to confirm that such work will not constitute a "rebuilding" of the vessel and thereby deprive the vessel of further Jones Act eligibility. On June 14, 2013, the U.S
. . . Charlie Papavizas
June 5, 2013
Coast Guard and BSEE Update Mobile Offshore Drilling Unit Responsibilities
On June 4, 2013, the U.S. Coast Guard and the Bureau of Safety and Environmental Enforcement (BSEE) announced their execution of a Memorandum of Agreement allocating their joint responsibilities over the regulation of mobile offshore drilling units (MODUs) operating in U.S. waters. Generally, the Coast Guard has primary responsibility for MODUs regardless of their activities because they are consider
. . . Charlie Papavizas
; Bryant Gardner
June 5, 2013
Coast Guard Proposes to Amend Ballast Water Management Reporting Requirements
On June 4, 2013 the Coast Guard filed a proposed notice of rulemaking to amend its existing ballast water management (BWM) reporting and recordkeeping requirements to require vessels equipped with ballast tanks and operating exclusively on voyages between ports or places within a single Captain of the Port Zone to submit an annual summary report of their BWM practices for a period of three years. The Coast Guard does not currently collect BWM information for this segment of the maritime popul
. . . Charlie Papavizas
; Brooke F. Shapiro
May 20, 2013
Court Makes Potentially Significant Changes to Safe Berth Warranties
On May 16, 2013, the U.S. Court of Appeals for the Third Circuit rendered a decision potentially making significant changes to the nature of "safe berth warranties" in vessel charters. The case involved the Athos I which struck an abandoned ship anchor which lay at the bottom of the Delaware River between the anchorage and the ship's berth, puncturing the ship's hull and causing a spill of approximately 263,000 gallons of crude oil. Overruling the district court, the Third
. . . Charlie Papavizas
; Brooke F. Shapiro
May 13, 2013
Coast Guard Proposed Changes to Offshore Crane Inspection and Certification
On May 13, 2013, the U.S. Coast Guard published a Notice of Proposed Rulemaking that would modify existing crane regulation standards for mobile offshore drilling units (MODUs), offshore supply vessels and floating outer continental shelf facilities. Existing regulations at 46 C.F.R. Part I-A are based on 1972 American Petroleum Institute (API) standards. The new regulation would update the standard to the current API standards for operations and maintenance immediately upon effecti
. . . Charlie Papavizas
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