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Transportation Blog

Welcome to the Holland & Knight Transportation Blog, featuring news, observations and analysis related to the many sectors of the transportation and infrastructure industry.

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In July 2018, the U.S. House of Representatives passed H.R. 200, a bill that includes the Modernizing Recreational Fisheries Management Act of 2017 (Modern Fish Act). The Modern Fish Act seeks to change recreational fishing regulations and permit more regulation on the state level.
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Tabasco is known for being one of Mexico's oil states, with a very developed industry and fields. As such, the federal Port Authority Dos Bocas (API Dos Bocas), located in the southeast of the Gulf of Mexico, has an industrial and oil calling, and is a major node of the Pemex logistic network. Recently, because of oil rounds, there is increasing activity of exploration and production of oil.
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In a case decided on March 28, 2018, the Ninth Circuit Court of Appeals held that a maritime lien on a vessel for the "maintenance and cure" of an injured seaman was not subject to the "automatic stay" that generally arises as the result of a bankruptcy filing by the owner of the vessel.
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The Federal Maritime Commission  voted unanimously to approve significant changes that will relieve regulatory burdens on Ocean Transportation Intermediaries and simplify requirements for using non-vessel-operating common carrier (NVOCC) Negotiated Rate Arrangements and NVOCC Service Arrangements.
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El 6 de junio de 2018, la Comisión Federal Marítima de Estados Unidos aprobó en un voto un unánime ciertos cambios que aliviarán las cargas regulatorias sobre intermediarios de transporte oceánico y simplificarán requisitos para utilizar acuerdos de tarifas negociadas y de servicio de consolidadores de carga marítima.
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The Federal Motor Carrier Safety Administration (FMCSA) granted tank truck drivers an exemption from the 30-minute break requirement in the hours of service regulations, which became effective April 9, 2018. 83 FR 15221 (Apr. 1, 2018). The rest break regulation requires interstate commercial truck drivers (other than those who qualify for a short-haul exception) to take at least a 30-minute rest break within the first 8 hours of going on duty in order to continue driving that day. 49 C.F.R § 395.3(a)(3).
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The White House Office of Information and Regulatory Affairs (OIRA) is soliciting public comment on ways to reduce regulatory costs and restrictions on the U.S. maritime industry. Information and comments from maritime industry stakeholders are due on or before July 16, 2018.
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On May 8, President Donald Trump announced that the United States is withdrawing from the multilateral nuclear accord with Iran known as the Joint Comprehensive Plan of Action (JCPOA). The U.S. will reimpose sanctions suspended under the JCPOA subject to certain 90-day and 180-day wind-down periods. Further, the U.S. Treasury Department Office of Foreign Assets Control (OFAC) will withdraw certain authorizations granted as part of the JCPOA.
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May 10, 2018
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In the course of an aircraft lease negotiation, the lessee will typically seek to ensure that the lessor provides an express covenant to the lessee that for so long as no default has occurred and is continuing under the lease, the lessor will not disturb the lessee’s quiet use, possession and enjoyment of the aircraft. Some lessee’s go further and press for lessor to covenant as to itself as well as any person claiming through the lessor (such as the lessor’s financier, the owner – if different from the lessor – or an assignee or transferee of the lessor).
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May 3, 2018
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At CAPA's 2018 Americas Aviation Summit in Houston, Aviation attorney Anita Mosner moderated panel on rethinking United States foreign ownership rules for domestic airlines.
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May 2, 2018
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Blockchain technology is most well-known for its use with cryptocurrencies, however, it has wider potential applications in other sectors beyond that of banking and financial services. It is being evaluated for uses in the transportation sector which has potential benefits ranging from more efficient business transactions to increased tracking capabilities for cargo across all modes: maritime, trucking, aviation and freight rail. Trade partners may also see great value in the use of blockchain within the broader global supply chain as well.
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April 30, 2018
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A recent filing at the U.S. Surface Transportation Board (STB) reveals a potential, budding conflict between Metra and Amtrak involving Metra's use of the Chicago Union Station. Amtrak owns the station and Metra is its largest tenant. Their lease arrangements, dating back to 1984 and renewed periodically, are scheduled to end in April 2019.
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April 26, 2018
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Technology in today's world has radically changed the threats that companies face. In the transportation industry, technology is increasingly used by cargo thieves when they break into shipping containers.
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April 23, 2018
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The railroad industry is making slow, but steady progress in using Natural Gas to power freight locomotives.
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The DOJ's Antitrust Division sent a powerful message to the business community yesterday, when it sued railroad equipment suppliers Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation (Wabtec) for entering into agreements "not to solicit, recruit or hire without prior approval, or otherwise compete for employees." The DOJ alleged that these so-called "naked no-poaching agreements" "denied American rail industry workers access to better job opportunities, restricted their mobility and deprived them of competitively significant information they could have used to negotiate for better terms of employment." As is often the case with civil antitrust investigations, the DOJ had negotiated a settlement with the two companies before going public and filed that settlement as a consent decree simultaneously with filing its complaint in court.
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The $150 billion seafood industry is using blockchain technology to promote sustainability and prevent fish fraud and human rights violations. The technology is being implemented to meet consumer demand and comply with new government regulation over the seafood industry.
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Once the airplane leaves the gate, it's too late to try to get on board. And once the Federal Aviation Administration (FAA) issues a Record of Decision about new departure procedures, you have only a short time to petition for review.
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March 28, 2018
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Winds of change are blowing across Florida that bring new hope for residents dealing with snarled traffic and new opportunities for developers, local communities and Israeli companies with world-class autonomous vehicle technology.
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The U.S. Court of Appeals for the District of Columbia Circuit recently upheld a Federal Aviation Administration (FAA) decision to publish an airworthiness directive ordering the removal of certain cylinder assemblies used in piston engines.
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March 20, 2018
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In Martin v. United Airlines, Inc., __ Fed. App'x __, 2018 WL 992289 (10th Cir. Feb. 21, 2018), Oklahoma residents brought a putative class action asserting various breach of contract theories against the airline arising from their inability to rebook their nonrefundable tickets after they canceled their flight reservations.
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March 19, 2018
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