Darrien Flowers

May 17, 2024 | lexology.com | Michael Wray |Mary Maloney |D. Michael Kaye |Darrien Flowers |John Flynn

The Second Circuit Court of Appeals decision in American Cruise Lines v. Viking USA LLC, River 1 LLC upheld an agency decision that a Swiss-based company could operate a luxury cruise ship on the Mississippi River. The American Cruise Lines decision could very well reach beyond the cruise industry and impact how future marine transactions are structured. The Passenger Vessel Services Act1 (PVSA) is part of the larger body of US coastwise law, which includes the Jones Act.

Mar 18, 2024 | lexology.com | D. Michael Kaye |David Stewart |Everett Eissenstat |Ludmilla Kasulke |John Flynn |Darrien Flowers | +1 more

On March 12, 2024, the Office of the US Trade Representative (USTR) announced that it had received a petition from five national labor unions requesting action under Section 301 of the Trade Act of 1974, as amended (Trade Act), to address the People's Republic of China's (PRC) acts, policies and practices in the critical maritime, logistics and shipbuilding sectors.

Mar 18, 2024 | lexology.com | D. Michael Kaye |Michael Wray |Karol K. Denniston |Darrien Flowers

The maritime transportation system's (MTS) critical role in the supply chain remains very much in focus, with the Maritime Administration (MARAD) publishing a Notice of Funding Opportunity (NOFO) for $500 million in Federal Fiscal Year 2024 funding through MARAD's Port Infrastructure Development Program (PIDP). The PIDP is a discretionary grant program administered by the MARAD.

Mar 7, 2024 | lexology.com | D. Michael Kaye |Sarah K. Rathke |Bridget McGovern |Michael Wray |Shea Gordon Leitch |John Flynn | +1 more

On February 21, 2024, the White House issued an executive order implementing various measures to bolster the security of US ports by expanding the US Coast Guard’s authority to regulate maritime cybersecurity, requiring the reporting of cyber incidents and investing in the US port critical infrastructure.

Jan 19, 2024 | lexology.com | Michael Wray |D. Michael Kaye |Darrien Flowers

Ringing in 2024, the Federal Maritime Commission (FMC) issued a final rule that made several significant changes to the rules applicable to automated tariffs filed by ocean carriers. The first FMC rule of 2024 may indicate that the FMC will take additional steps over the course of the year to implement additional provisions of the Ocean Shipping Reform Act of 2022 (OSRA), which is the most significant change in US shipping legislation since 1998.