The Coast Guard Authorization Act of 2010 has been enacted and takes effect from the 15
th
October 2010.
Generally, provisions are effective on the day of enactment unless legislation specifies otherwise. The following provisions are noted, as they may concern Members:
Section 702 calls for the Coast Guard to enact new safeguards for, among other things, the transfer of oil, "within 1 year after the date of enactment."
Section 708, which provides added funds for NOAA and calls for various audits and reports is effective immediately, with deadlines for the audits and reports tied to the date of enactment.
Section 711 extends the dual tug escort requirements for single hull vessels to double hulled tankers in Prince William Sound effective 90 days after enactment.
Section 712 specifies no effective date for its provisions broadening the applicability of OPA '90 financial responsibility requirements to any tank vessel over 100 gross tons. It should be assumed, therefore, that it became effective upon enactment.
Section 713, which makes the cargo owner a "responsible party" under OPA '90 in the event of an oil spill from a single hull tank vessel, is effective "after December 31, 2010."
Section 912, which limits the liability of vessel owner/operators and other people who use or authorize force to defend a US vessel against pirates is effective upon enactment. Coast Guard regulations for the use of self-defense are due 180 days after enactment.
The USCG recently published a final rule establishing increased limits under the Oil Pollution Act of 1990. The increases are based on increases in the U.S. Consumer Price Index (CPI). The new limits embody the act’s ‘polluter pays’ principle while preserving the financial deterrent.
The Oil Pollution Act of 1990 established rigorous regulatory and liability controls to protect and clean up the marine environment from oil spills, including extensive provision to prevent the circumstances under which oil spills occur.
This webinar has been split into two videos, this first webinar recording contains the complete webinar in which Capt Anuj Velankar, Sr Loss prevention executive, dealt with the case study of the CMA CGM Libra, what can be learnt and the best practices to be followed moving forward
