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Massachusetts – rescue tug in Buzzards Bay

Sat, 06 Sep 2008 20:37:27 GMT

The Governor of Massachusetts signed into law a measure that provides for tank vessels carrying 6,000 or more barrels of oil within Buzzards Bay to be accompanied by a rescue tug with a licensed state pilot on board the rescue tug, unless the tank vessel is accompanied by a tugboat escort. The expense of this new measure will be funded by a fee of an additional three cents for each barrel of petroleum product delivered to a marine terminal within the state by means of a vessel from a point of origin outside the state. The only new obligation placed on the owners and operators of tank vessels carrying 6,000 or more barrels of oil is to notify the state at least 24 hours prior to arrival in Buzzards Bay if unaccompanied by a tugboat escort. It is unclear what impact this new measure will have on the long-running dispute between the state and the US Coast Guard regarding authority over tank vessels operating on navigable waters within the state. The disputed provisions are left intact, but rendered somewhat duplicative.

Senate No. 2374 (8/6/08).

Bill introduced re siting of LNG import facilities

Sat, 06 Sep 2008 20:37:27 GMT

Senator Snowe (R-ME) introduced the

Liquefied Natural Gas Import Terminal Authorization Act (S. 3441) to provide certain requirements for the siting, construction, expansion, and operation of liquefied natural gas import terminals, and for other purposes. If enacted into law, the bill would require new LNG facilities to obtain the approval of both the Federal Energy Regulatory Commission (FERC) and the state in which the facility is to be sited. (8/1/08).

Bill introduced re shipping investment withdrawal rules

Sat, 06 Sep 2008 20:37:27 GMT

Senator Cantwell (D-WA) introduced the

American Shipping Reinvestment Act of 2008 (S. 3359) to amend the Internal Revenue Code of 1986 to repeal the shipping investment withdrawal rules in section 955 and to provide an incentive to reinvest foreign shipping earnings in the United States. (7/29/08).

China’s Antimonopoly Law

Sat, 06 Sep 2008 20:37:27 GMT

Holland & Knight LLP issued a

Client Alert advising that, after 13 years of drafting, China’s Antimonopoly Law (AML) came into effect on August 1, 2008. The AML applies to monopolistic conduct, whether in China or elsewhere, that eliminates or restricts competition in China’s domestic market. The AML regulates three types of private conduct: (1) monopoly agreements; (2) abuse of dominant market position; and (3) business concentrations. The language of the legislation is both broad and vague. Carriers, shippers, and others doing business in China should plan accordingly. (7/31/08).

Bill introduced to exempt some mariners from TWIC requirement

Sat, 06 Sep 2008 20:37:27 GMT

Senator Coleman (R-MN) introduced the

Small Marine Business and Fishing Guide Relief Act of 2008 (S. 3377) to amend title 46, United States Code, to waive the biometric transportation security card requirement for certain small business merchant mariners, and for other purposes. This bill, if enacted into law, would exempt from the requirement for a Transportation Worker Identification Credential (TWIC) merchant mariners serving on vessels the owner or operator of which is not required to submit a vessel security plan. (7/31/08).

Bills introduced re Northwest Straits Marine Conservation

Sat, 06 Sep 2008 20:37:27 GMT

Senator Murray (D-WA) and Representative Larsen (D-WA) introduced companion bills (

S. 3373 and H.R. 6746 respectively) to reauthorize and expand the Northwest Straits Marine Conservation Initiative Act to promote the protection of the resources of the Northwest Straits, and for other purposes. The previous legislation (Pub.L. 105-384, Title IV) established a citizens’ advisory committee to assist in coordination of marine resource conservation measures in the Strait of Juan de Fuca and Puget Sound. (7/31/08).

Hearing re development and environmental issues at LA/LB

Sat, 06 Sep 2008 20:37:27 GMT

On August 4, 2008, the Subcommittee on Coast Guard and Maritime Transportation of the House Committee on Transportation and Infrastructure conducted a field hearing in Long Beach on

Port Development and the Environment at the Ports of Los Angeles and Long Beach. Among the issues under consideration were efforts to reduce emissions from port-related activities, including from trucks that provide drayage services at the ports, as well as from vessels in transit to and from the ports. (8/4/08).

President Bush signs NPDES moratorium bill

Sat, 06 Sep 2008 20:37:27 GMT

The White House issued a

news release stating that President Bush signed into law S. 3298, which provides a two-year moratorium from the National Pollutant Discharge Elimination System (NPDES) permit requirement for certain vessels and directs the Environmental Protection Agency (EPA) to study the impacts of discharges incidental to the normal operation of vessels. (7/31/08).

Bill introduced re drug trafficking by submarine

Sat, 06 Sep 2008 20:37:27 GMT

Senator Biden (D-DE) introduced the

Drug Trafficking Interdiction Assistance Act of 2008 (S. 3351) to enhance drug trafficking interdiction by creating a Federal felony for operating or embarking in a submersible or semi-submersible vessel without nationality and on an international voyage. (7/28/08).

Bill introduced to protect the oceans

Sat, 06 Sep 2008 20:37:27 GMT

Senator Boxer (D-CA) introduced the

National Oceans Protection Act of 2008 (S. 3314) to protect the oceans and for other purposes. This is an extensive bill (143 pages) that would, if enacted, establish a comprehensive national ocean policy and coordination regime. (7/23/08).

President Bush signs Clean Boating Act

Sat, 06 Sep 2008 20:37:27 GMT

The White House issued a

news release stating that President Bush signed into law the Clean Boating Act of 2008 (S. 2766). The law exempts most recreational vessels from any permitting requirement for discharges incidental to normal operations. (7/29/08).

Resolution introduced honoring Coast Guard heritage

Sat, 06 Sep 2008 20:37:27 GMT

Representative Oberstar (D-MN) introduced a resolution (

H. Res. 1382) honoring the heritage of the Coast Guard. (7/29/08).

US economic sanctions re Burma

Sat, 06 Sep 2008 20:37:27 GMT

The White House issued a

news release stating that President Bush signed the Renewal of Import Restrictions on Burma (H.J. Res. 93) and the Tom Lantos Block Burmese Jade Act of 2008 (H.R. 3890), strengthening US economic sanctions against the Government of Burma (Myanmar). Companies that trade with both the US and Burma should exercise caution so as to avoid inadvertent violations of these sanctions. (7/29/08).

USCG – Maritime Pollution Prevention Act signed

Sat, 06 Sep 2008 20:37:27 GMT

The US Coast Guard issued a

press release stating that President Bush's signing of the Maritime Pollution Prevention Act paves the way for US ratification of MARPOL Annex VI relating to prevention of air pollution from ships. (7/25/08).

Bill introduced and passed re incidental discharges from vessels

Sat, 06 Sep 2008 20:37:27 GMT

Senator Murkowski (R-AK) introduced a bill (

S. 3298) to clarify the circumstances during which the Administrator of the Environmental Protection Agency and applicable States may require permits for discharges from certain vessels, and to require the Administrator to conduct a study of discharges incidental to the normal operation of vessels. Demonstrating just how fast Congress can act on vital issues, the bill was introduced in the Senate and passed by both the Senate and House of Representatives in a single day. The measure next goes to President Bush for consideration. If enacted into law, it would, among other things, exempt for two years recreational and certain other vessels from a requirement to obtain permits for incidental discharges. (7/22/08).

Bill introduced re vessel discharges

Sat, 06 Sep 2008 20:37:27 GMT

Representative Oberstar (D-MN) introduced a bill (

H.R. 6556) to clarify the circumstances during which the Administrator of the Environmental Protection Agency and applicable States may require permits for discharges from certain vessels, and to require the Administrator to conduct a study of discharges incidental to the normal operation of vessels. (7/21/08).

Maritime Pollution Prevention Act signed into law

Sat, 06 Sep 2008 20:37:27 GMT

The White House issued a

news release stating that 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. Note: The next step will be for the United States to deposit its instrument of ratification with the IMO. A petition by the United States for designation of one or more Emission Control Areas (ECAs) is expected to follow shortly. (7/21/08).

Bill introduced to amend National Marine Sanctuaries Act

Sat, 06 Sep 2008 20:37:27 GMT

Delegate Bordallo (D-GU) introduced the

Sanctuary Enhancement Act of 2008 (H.R. 6537) to reauthorize and amend the National Marine Sanctuaries Act to establish a National Marine Sanctuary System, to strengthen and clarify management authorities, and for other purposes. (7/17/08).

Bill introduced to define hull and deck

Sat, 06 Sep 2008 20:37:27 GMT

Representative Berman (D-CA) introduced the

Vessel Hull Design Protection Amendments of 2008 (H.R. 6531) to amend chapter 13 of title 17, United States Code (relating to the vessel hull design protection), to clarify the definitions of a hull and a deck. (7/17/08).

Bill introduced re discharge standards for cruise vessels

Sat, 06 Sep 2008 20:37:27 GMT

Representative Farr (D-CA) introduced the

Clean Cruise Ship Act of 2008 (H.R. 6434) to establish national standards for discharges from cruise vessels into the waters of the United States, and for other purposes. (7/8/08).

British Columbia – Carbon Tax Act

Sat, 06 Sep 2008 20:37:27 GMT

The Parliament of British Columbia passed the

Carbon Tax Act (Bill 37). This legislation imposes a tax on the purchase of carbon-based fuels. In an important amendment of the bill as originally proposed, the final version includes a provision that exempts from the tax fuel purchased in British Columbia for use outside the Province. This exemption should apply to most ships engaged in international trade. The Ministry of Finance issued a news release announcing offsets to be funded by this new tax. (5/29/08).

Congress approves MARPOL Annex VI implementation

Sat, 06 Sep 2008 20:37:27 GMT

The House of Representatives voted to approve the Senate version of the

Maritime Pollution Prevention Act of 2008 (H.R. 802). The measure will shortly be on its way to the White House for Presidential consideration. Prompt signature by President Bush is expected. After that, and some pro forma vetting, the United States can submit to the IMO its formal accession to MARPOL Annex VI. One should then expect the United States to submit one or more petitions to the IMO seeking declaration of various coastal waters (starting in California) as Emission Control Areas (ECAs). Let the games begin! (7/8/08).

Bill introduced re cruise vessel security and safety

Sat, 06 Sep 2008 20:37:27 GMT

Senator Kerry (D-MA) introduced the

Cruise Vessel Security and Safety Act of 2008 (S. 3204) to amend title 46, United States Code, to establish requirements to ensure the security and safety of passengers and crew on cruise vessels, and for other purposes. The Senator issued a news release discussing the measure. If enacted into law, this bill would, among other things, turn some Coast Guard personnel into Ocean Rangers, traveling on board cruise vessels to check for compliance with federal pollution laws and serving as public safety officers in the event of suspected criminal activity against passengers. (6/26/08).

Bill introduced re submersible vessels without nationality

Sat, 06 Sep 2008 20:37:27 GMT

Senator Lautenberg (D-NJ) introduced a bill (

S. 3198) to amend title 46, United States Code, with respect to the navigation of submersible or semi-submersible vessels without nationality. (6/25/08).

Bill introduced to exempt certain shipping from the HMT

Sat, 06 Sep 2008 20:37:27 GMT

Senator Lautenberg (D-NJ) introduced a bill (

S. 3199) to amend the Internal Revenue Code of 1986 to exempt certain shipping from the harbor maintenance tax (HMT). The proposal, if enacted into law, would exempt cargo (other than bulk cargo) loaded at a port in the US mainland and unloaded at either another port in the US mainland or at a port in Canada located in the Great Lakes Saint Lawrence Seaway System after transport solely by a coastal route or river. (6/25/08).

Senate adopts its version of marine air emissions bill

Sat, 06 Sep 2008 20:37:27 GMT

The US Senate adopted by unanimous consent its version of the

Maritime Pollution Prevention Act of 2008 (H.R. 802). The House of Representatives passed its version on March 26, 2007. The differences between the two versions are, in the big picture, relatively minor. The important point is that the two Congressional bodies can now meet in conference and attempt to come to an agreement. If they are able to do so, the United States will be in a position to officially adopt MARPOL Annex VI relating to prevention of air pollution from ships. (6/26/08).