Coast Guard Regulation
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue Coast Guard regulation:
Lady
v. Neal Glasser Marine, Inc.
Fifth Circuit Court of Appeals
September 26, 2000
Coast Guard Regulation: although the
Federal Boat Safety Act and the Coast Guard's regulatory decisions do not
expressly preempt plaintiff's state tort claim arising from injuries suffered
as a result of a boating accident, implied conflict preemption does preclude
his action because a state rule requiring propeller guards on recreational
vessels would frustrate the Coast Guard's decision that recreational boats
should not be required to be equipped with propeller guards.
In
Re: Complaint of Transporter Marine, Inc.
Fifth Circuit Court of Appeals
July 13, 2000
Limitation of Liability Act/Coast Guard
Regulation: the Coast Guard's adjudication of charges arising from
the enforcement of its drug and alcohol testing regulations are exempt
from exoneration or limitation proceedings under the Limitation of Liability
Act.
Mallard
Bay Drilling v. Herman
Fifth Circuit Court of Appeals
June 2, 2000
Coast Guard Regulation: OSHA has no
jurisdiction to regulate the working conditions of seamen aboard a drilling
barge, which is a vessel in navigation subject to the Coast Guard's exclusive
regulatory jurisdiction.
Myers
v. American Triumph F/V
Ninth Circuit Court of Appeals
August 13, 2001
Coast Guard Regulation: plaintiff's
admiralty action against the American Triumph F/V for conversion of the
ferae nature fish that the Vessel had captured from 1989 through 1998 was
properly dismissed since the Vessel had a Coast Guard Certificate of Documentation
and Fishery Endorsement that was conclusive evidence of its qualification
to be employed in the fishing trade.
In
re Bluewater Network & Ocean Advocates
District of Columbia Circuit Court of
Appeals
December 22, 2000
Coast Guard Regulation/OPA 90: sections
4110(a) and (b) of OPA 90 indisputably command the Coast Guard to establish
compliance standards and use requirements for tank level and pressure monitoring
("TLPM") devices by August 1991; because of this "clear statutory mandate,
a deadline nine-years ignored, and an agency that has admitted its continuing
recalcitrance," the Coast Guard was directed to undertake prompt rulemaking
with respect to TLPM devices; the Coast Guard is not required to initiate
rulemaking pursuant to section 4116(c) of OPA 90 to define waters other
than Prince William Sound ("other waters") over which single-hulled tankers
must be escorted by at least two towing vessels since the section places
no clear and mandatory duty on the Coast Guard to undertake "other waters"
rulemaking. |