Court Rules Against California Low-Sulfur Fuel Regulation
In a ruling issued by William Shubb, District Judge for the Eastern District of California, the California Air Resources Board (CARB) was directed to cease enforcement of the state’s low-sulfur marine fuel requirement. The regulation, put in effect January 1 of this year, mandated the use of low-sulfur fuel for all ocean going vessels calling on California ports within 24 miles of the state’s coast.
The Pacific Maritime Shipping Association challenged the regulations in District Court, stating that vessel air emissions should properly be governed by “nationwide standards that the national and international shipping lines can follow.” The District Court concurred, commenting that federal preemption takes precedent in instances where a state initiative “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress,” in this case the federal Clean Air Act. Furthermore, the CARB regulation directly affects international commerce given the fact that oceangoing vessels transit across individual state and national jurisdictions. The District Court ruling reaffirms the need to address this issue from a national perspective coupled with federal preemption power.
DHS Announces West Coast Radiation Detection Project
On September 5 th, the Department of Homeland Security (DHS) announced the West Coast Maritime pilot program that will provide maritime radiation detection capabilities for State and local authorities in Washington’s Puget Sound and California’s San Diego areas. The three-year pilot program involves the development of a radiation detection architecture that reduces the risk of radiological and nuclear threats that could be illegally transported on recreational or small commercial vessels -- watercraft generally less than 300 gross tons including commercial fishing vessels, recreational boats, towing vessels, and uninspected passenger vessels on foreign or domestic voyages. The agency expects to deploy non-intrusive, passive detection sensors, such as human-portable radiation detection equipment, mobile sensors, and fixed-position detectors. The goal of the program is to evaluate the efficacy and begin to facilitate the use of radiation detection equipment by local authorities and maritime partners as part of their routine operations in the maritime environment. The pilot program will be conducted in close coordination with the Coast Guard and Customs and Border Protection.
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ABS Issues Guidance for Protective Coatings
In an effort to assist shipbuilders, ship owners, and operators prepare for the new IMO mandated Performance Standard for Protective Coatings, the American Bureau of Shipping is issuing a completely revised and expanded edition of its Guidance Notes on Inspection, Maintenance and Application of Marine Coatings. The IMO standards take effect on July 1, 2008, applying to the dedicated seawater ballast tanks of vessels over 500 gross tons for which the building contract is placed on or after July 1, 2008 or the keels of which are laid on or after January 1, 2009. The guidance covers both the technical requirements of the new regulations and the role coatings play in contributing to the longevity of the structure.
TSAC to Hold Fall Meeting
The Towing Safety Advisory Committee (TSAC) will hold its fall meeting on September 19 th in Laurel, MD. Working groups will meet on September 18 th. The advisory committee will discuss various issues relating to shallow-draft inland and coastal waterway navigation and towing safety, receiving updates on: the Towing Vessel Inspection Working Group; the legislative change proposal and the Medical and Physical Evaluation Guidelines for Merchant Mariner Credentials Navigation and Vessel Inspection Circular; STCW rulemaking; training and service requirements for merchant marine officers; NMC restructuring and centralization; and the Transportation Worker Identification Credential (TWIC). Further information can be obtained by calling (202) 372-1401.
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