In the midst of the chaos generated by the COVID-19 pandemic, on March 20, 2020, the United States Coast Guard (USCG) released an important Navigation and Vessel Inspection Circular (NVIC 20-01) concerning “Guidelines for Addressing Cyber Risks at Maritime Transportation Security Act (MTSA) Regulated Facilities,” together with a Commandant Notice commenting on the NVIC. NVIC 20-01 has had a long path to finalization via notice and comment rulemaking, and has been discussed previously during the comment period on this blog. Ironically, given the increased threat of cyber attacks during this period when so many are working remotely via potentially vulnerable online infrastructures, this NVIC is perhaps unintentionally particularly well-timed. (more…)
All aspects of the maritime industry, from global ocean-going shipping to domestic inland brown water transportation and offshore energy, have been and will continue to be profoundly affected by the COVID-19 crisis, perhaps even more than other industries given that mobility and inter/trans-national movement of people and goods are their very lifeblood. (more…)
Murky waters swirl in the legal gulf that separates the absence of any “genuine dispute[s] as to any material fact” (in which case summary judgment is appropriate); and the presence of non-speculative “evidence [on which] a reasonable jury could return a verdict for the nonmoving party” (in which case summary judgment is not appropriate and the case must be fully tried to the fact finder). Two recent Fifth Circuit decisions, however, have plumbed these depths and charted a truer course (if only slightly) for navigating maritime summary judgments – although the two decisions resulted in diametrically opposed outcomes. (more…)
Of modern standers-of-mast-heads we have but a lifeless set; mere stone, iron, and bronze men; who, though well capable of facing out a stiff gale, are still entirely incompetent to the business of singing out upon discovering any strange sight.
MOBY DICK, Chap. XXXV. “THE MAST-HEAD”
While driverless terrestrial vehicles have been a hot topic in the media (including on Baker Donelson’s Autonomous Vehicle Law blog) – from Tesla autopilot crashes to self-driving freight trucks – there has been an equally (if not more) anticipated and analyzed trend (some would say nascent revolution) in the less popularly publicized international maritime vessel operations: the rise of autonomous vessel technologies on the world’s oceans, rivers, and harbors. The term of art for these autonomous vessels – “maritime autonomous surface ships,” “MASS” for short – is ironically cognate with the very vessel “MASters” that autonomous technology would stand to replace.
The initial forays into the possibilities of autonomous vessel technologies began (more or less) with Rolls-Royce just into the second decade of the 2000s. Since then the concept has been put to numerous actual proofs by Rolls-Royce and others, and it is safe to say that it is now not a matter of if or even when MASS technology enters the market, but rather the extent to which MASS technology will disrupt traditional global shipping and vessel operations. And while the technical advances have been steadily developing in the hands of engineers, regulators have been attempting to keep pace with the legal ramifications of MASS. (more…)