Final Rule on Demurrage & Detention Cleared to Take Full Effect May 28
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The final rule on Demurrage and Detention Billing Practices is clear to take full effect on May 28, 2024, following recent actions by the Office of the Management and Budget (OMB) and the Federal Maritime Commission (FMC).The FMC issued its final rule on Detention and Demurrage Billing Practices on February 23, 2024, and gave notice of the May effective date except for the “Contents of Invoice” section 541.6. That provision of the rule contains an information collection under the Paperwork Reduction Act and required OMB review and approval.
Israel Highlights Fragility of New Trade Corridors
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A new and deadly chapter of the decades-old Israel-Palestinian conflict is a reality check for an ambitious trade route. The India-Middle East-Europe Economic Corridor (IMEC), championed by Washington last month on the sidelines of the G20 summit in New Delhi and dubbed a Western rival to China’s Belt and Road, had much to prove anyway. The latest conflict presses pause on any grand financial visions involving the neighbourhood.IMEC’s chief backers waxed lyrical about the potential of the trade route involving railways, ports and green energy. U.S.
What Happens if Black Sea Grain Corridor Deal is Not Extended?
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A deal allowing Ukraine to export grain via the Black Sea expires on July 17 and with Moscow saying it sees no grounds for an extension there are fears it may collapse.Why is it important?Ukraine is a major producer of grains and oilseeds and the interruption to its exports at the outbreak of war pushed global food prices to record highs. The current deal, agreed in July 2022 some five months after the war started, helped to bring down prices and ease a global food crisis.Ukraine grain has also played a direct role with 725…
Ukraine's Grain Export Success Placates Market Despite Russia's Threats
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Ukraine has shipped significantly more grain over the last several months than originally expected, especially corn, easing worries that were prominent last year over the country’s export program.But Russia now claims it will not support the Black Sea grain deal beyond May 18 due to obstacles on its own food and fertilizer exports. That deal was signed last July to allow shipments from Ukrainian seaports, overseen jointly by Russia, Ukraine, Turkey and the United Nations.Traders…
Singapore's Tan tapped as Vice-Chair of IMO MEPC
Maritime and Port Authority of Singapore (MPA) officer, Tan Hanqiang, currently First Secretary (Maritime), High Commission of the Republic of Singapore to the United Kingdom (UK), has been appointed by the International Maritime Organization (IMO) as Vice-Chair of the IMO Marine Environment Protection Committee (MEPC) with effective December 16, 2022. Tan succeeds Harry Conway (Liberia).This marks the first time a Singaporean has assumed the Vice-Chair appointment for the IMO MEPC in more than 20 years. Previously, an MPA Officer, Mr Zafrul Alam, served as Vice-Chair for IMO MEPC from 1999 to 2000.
BIMCO's Sanctions Clauses to Meet Challenges
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BIMCO’s Documentary Committee has approved two charter party sanctions clauses to help owners and charterers manage due diligence policies and navigate an increasingly complex environment of economic and trade sanctions imposed by governments.Sanctions have become a widely used geopolitical tool by governments. The rules are complex, imprecisely drafted, often changing, and the risks of violation can be high. The necessity of sanctions clauses that provide contractual certainty has prompted BIMCO to revise…
REGULATORY REVIEW: Subchapter M
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One Year In: Industry SME (Captain) Pat Folan weighs in from the front lines.It has been an interesting year for towing industry. As the new Subchapter M towboat rule rolled out, it didn’t take long to discover that the regulation wasn’t perfect. As stakeholders look ahead to what comes next, it is also helpful to take a look back at what went right, what didn’t, and more importantly – why.The U.S. Coast GuardThe US Coast Guard does not have the manpower to add more than 5,000 vessels to its workload.
Sub M is here, now what?
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Captain Pat Folan outlines the way forward, especially for the smaller towboat firms. It’s not rocket science, but it does involve common sense. July 20, 2018 came and went, and we are all still here – mostly. The reality of Sub M has begun to sink in and for some it signals the end of a business and career. The AWO RCP members, oil movers and early adopters are going to make it. But for some of the ‘Mom & Pops,’ this is looking like a bridge too far.And some of this group are the ones that needed to be weeded out.
The USCG -Mandated Drug Testing Increase:
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Wasteful, Unwarranted and does not address the ‘Marijuana Challenge.’On December 28, 2018, the United States Coast Guard published a notice in the Federal Register alerting the maritime industry of its determination to increase the minimum annual rate of random drug testing for 2019 from twenty-five percent (25%) to fifty percent (50%). American Maritime Safety, Inc. (AMS), a non-profit industry consortium that facilitates the industry’s compliance with these regulations, regrets the Coast Guard’s decision.AMS counts as members over 400 maritime employers including cruise liners…
USCG Update – Mitigation Efforts Due to Partial Government Shutdown
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To mitigate the impact caused by the partial lapse in appropriations and shutdown of National Maritime Center (NMC) operations, the following actions are being taken:Merchant Mariner Credentials (MMC) (National Endorsements only) and Medical Certificates that expired in December 2018 or expire in January 2019 are extended as valid until March 31, 2019. Print the attached letter and carry it with your credential.Additional Information (AI) letters, sent to mariners that expired in December 2018 or expire in January 2019 are extended to March 31…
Coast Guard Raises Minimum Random Drug Testing Rate to 50 PCT
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The Coast Guard announced in the Federal Register that the calendar year 2019 minimum random drug testing rate is set at 50 percent of covered crewmembers. This rate is effective January 1, 2019 through December 31, 2019.The Coast Guard has increased the minimum random drug testing rate for 2019 as a result of Drug and Alcohol Management Information System (MIS) data for the most recent reporting year indicating that the positive rate is greater than one percent. 46 CFR part 16.230(f)(2)…
U.S. DOJ Announces Environmental Crimes Conviction
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German Shipping Operator Sentenced to Pay $3.2 Million for Obstruction of Justice and Falsifying Official Logs to Hide Deliberate Oil Pollution. The previously Convicted Company Committed Environmental Crimes While on Probation.A German shipping company, MST Mineralien Schiffahrt Spedition und Transport GmbH (MST), pleaded guilty and was sentenced today in Portland, Maine, for obstruction of justice and for maintaining false official records to conceal deliberate pollution from one of its ships, the M/V Marguerita, announced Assistant Attorney General Jeffrey B.
Regulatory Reform: Good Ideas … Ready to Start?
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Regulatory reform is one of President Trump’s priority agenda items. Upon taking office, the President issued a number of Executive Orders focusing attention and demanding action on the myriad of regulations impacting American businesses.Last May, the reform spotlight fell on maritime regulations when the White House Office of Management and Budget (OMB), published a Request for Information (RFI) on how the government should “prudently manage regulatory costs imposed on the maritime sector.” OMB…
U.S. Coast Guard Clarifies U.S. Citizenship Requirement for U.S. Flag Vessels
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Rules regarding 'Employment of Non-U.S. Credentialed Personnel On board Certain U.S.-Documented Vessels' defined.An analysis of recent arrival notifications has revealed several cases of U.S.-documented vessels calling on U.S. ports with non-U.S. credentialed personnel in lieu of U.S. citizens. The intent of this MSIB is to provide information and guidance regarding the provisions for employment of non-U.S. credentialed personnel on board certain U.S. documented vessels. Please…
Marine Safety Center Receives 21st BWMS Type Approval Application
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The Coast Guard Marine Safety Center received its twenty-first application for Ballast Water Management System type approval for the Cathelco Evolution Ballast Water Management System manufactured by Cathelco Ltd.MSC will review the application for compliance with U.S. Coast Guard regulations in 46 CFR 162.060. Once it has been determined that the application meets the requirements, the MSC will issue a type approval certificate.BWMS type approval applications and approval certificates are posted on MSC’s website.
Big Oil Set to Cash in on IMO 2020 Rules
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The world's biggest oil traders are gearing up to cash in on big disruptions that could hit the shipping fuel market in just over a year due to new U.N.-mandated environmental rules.International Maritime Organization (IMO) regulations will cut the limit for sulphur in marine fuels globally from 3.5 percent to 0.5 percent from the start of 2020."We're going to hopefully facilitate the new rules in 2020 by helping out the industry and the participants in general to have a reasonably smooth transition…
Another Ballast Treatment System Receives USCG Nod
Marine Safety Center issues Ballast Water Management System Type Approval Certificate to Hyundai Heavy Industries Co., Ltd.The Marine Safety Center issued the 11th U.S. Coast Guard Ballast Water Management System Type Approval Certificate to Hyundai Heavy Industries Co., Ltd., after a detailed review of the manufacturer’s type approval application determined the system met the requirements of 46 CFR 162.060.The treatment principle of the HiBallast BWMS consists of filtration with electrolysis during uptake and neutralization during discharge. This approval covers models with maximum treatment rated capacities between 75 m3/h and 10,000…
Moore Stephens: Ship Operating Costs to Rise in 2018, 2019
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International accountant and shipping consultant Moore Stephens says total vessel operating costs in the shipping industry are expected to rise by 2.7% in 2018 and by 3.1% in 2019, according to our latest survey.Responses to the firm’s latest annual Future Operating Costs Survey revealed that drydocking is the cost category likely to increase most significantly in both 2018 and 2019, accompanied in the latter case by repairs and maintenance. The cost of drydocking is expected to increase by 2.1% in 2018 and by 2.3% in 2019…
US Delays New VGP Requirements Until March 2019
While waiting for the new Vessel General Permit (VGP) to be finalized, operators must file a Notice of Intent with the U.S. Environmental Protection Agency (EPA) prior to December 18, 2018 in order for vessels to continue to operate under their current VGP also after this date.According to a recent Regulatory Update published by the classification society American Bureau of Shipping (ABS), the EPA has further delayed the release its new Vessel General Permit (VGP 3.0).The proposed VGP 3.0 was originally scheduled to be issued for comment in late 2017 but is now expected to be made available in March 2019 - with at least a 30-day comment period.The VGP provides for National Pollutant Discharge Elimination System (NPDES) permit coverage for incidental discharges into U.S.
Don’t Wait to Install BWMS -ClassNK
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There are thousands of vessels worldwide that still need to be fitted with ballast water management systems (BWMS), and regulatory deadlines are only drawing nearer.Owners and operators who have yet to bring their ships into compliance are better to do so earlier rather than later. This is the advice of classification society ClassNK, who analyzed the retrofitting status of its registered ships and confirmed that installation deadlines based on the Ballast Water Management Convention…
Subchapter M Casts Off
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Initial reports show that the towing industry is adjusting well to the new normal on inland rivers. In fact, it is business as usual for most.July 20, 2018 was a critical date for tow boat operators. That was the deadline for all U.S.-flag towing vessels – over 26 feet, or less if used to assist with transport of oil or hazardous materials – to be in compliance with Subchapter M, the U.S. Coast Guard’s towing vessel safety regulations. It’s been a long time coming. As a regulatory program…