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Ballast Water Deficiencies in U.S. Double in 2017

Fairplay

Commercial shipowners are feeling the sting of the US Coast Guard’s (USCG’s) stepped-up efforts to ensure vessels trading in the United States are complying with US ballast water regulations, according to preliminary data obtained by Fairplay.

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Getting manufacturers to shoulder responsibility for equipment breakdowns – outside the contractual agreement with the vessel owner – is not likely. But shipowners trading in the United States can be spared some of the headaches they are experiencing from equipment breakdowns through a liberal enforcement policy by the coastguard, argues maritime regulations compliance expert Jeanne Grasso, a partner at law firm Blank Rome.

“I don’t know that this is a liability issue, to me, it’s more of a regulatory discretion issue,” Grasso told Fairplay. “Ships travel around the world, so if the manufacturer can’t deliver in a timely manner, I don’t think the shipowner should take the hit for that. I think the coastguard should recognise that this is a new technology and the challenges it presents for shipowners.”

Grasso is in favour of a USCG ballast water regime in which the ability of a ballast water manufacturer to respond to service outages be taken into account during the equipment type-approval process.

“What does the vendor’s service network look like, and how extensive is it? What is their capacity for getting parts delivered in a timely fashion at port locations around the world? If the coastguard is not considering those questions during the type-approval phase, then I think it should be using more discretion when enforcing the regulation.”

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"Ballast Water Deficiencies in U.S. Double in 2017," by John Gallagher was published in Fairplay on March 23, 2018.