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BWM extension program: Latest update

USCG issued the latest update (March 2017) for the procedures for requesting extensions for compliance with BWM regulations in response to hundreds of extension requests and dozens of questions received by the Coast Guard, which indicate a widespread misunderstanding of the previously issued guidance, and an associated need for additional clarity and certainty for all stakeholders.

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USCG issues first BWM System Type- Approval Certificate and New Policy Guidance

Professionals from Blank Law international law firm said that USCG type-approval of Optimarin AS’ UV-based treatment system is a 'game-changer in the regulation of ballast water in the United States and will change the process by which the U.S. Coast Guard grants extensions to its compliance requirements'. Now that a type-approved system exists, extensions that were previously granted liberally may be more difficult to obtain.

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USCG updates BWM Extension Program

Now that a type approved BWMS is available, USCG informs that any owner/operator requesting an extension must provide the Coast Guard with an explicit statement supported by documentary evidence (e.g., a delay in commercial availability) that installation of the type approved system is not possible for purposes of compliance with the regulatory implementation schedule. Extension letters will remain valid until the extended compliance date specified in the extension letter.

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USCG updates Policy Letter on the extensions for BWTS installation

  USCG has revised its policy letter regarding the extension of implementation schedule for approved Ballast Water Management methods. On September 10, 2015, the U.S. Coast Guard issued a revised Policy Letter 13-01  to provide updated guidance to vessel owners and operators regarding Ballast Water Management methods. On November 16, 2015 the US Coast Guard issued a second revision of this policy letter including the following:   New paragraph 5 added regarding “original Compliance date” for vessels All other paragraphs renumbered accordingly New paragraph 6 (old 5) states that for extension the ‘next scheduled drydocking’ (after vessel’s ‘original compliance date’) will be considered In new paragraph 6 item 5 changed and request first and second scheduled dry docking dates after 1st January 2014 or 1st January 2016 as applicable   According to USCG policy letter the following guidance is applicable to the first scheduled drydocking and other drydocking dates for existing vessels: In all cases, a vessel’s “first scheduled drydocking” date for the purposes of compliance with the BWM implementation schedule is the date the vessel enters a drydock. For example, if a vessel enters drydock on or before December 31, 2015 and does not leave drydock until after January 1, ...

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USCG Policy Letter on the extensions for BWTS installation

 On September 10, 2015, the U.S. Coast Guard issued a revised Policy Letter 13-01 (the “Policy Letter”) to provide updated guidance to vessel owners and operators regarding Ballast Water Management (“BWM”) methods.This policy letter provides revised guidance to vessel owners and operators seeking to extend compliance dates for implementing approved Ballast Water Management (BWM) methodsThe revised Extension Policy Letter explains how to apply for an extended compliance date. Changes from the original version include:Vessels that choose to install a foreign type-approved Ballast Water Management System (BWMS) which the Coast Guard has accepted as an Alternate Management System (AMS) may also apply for an extension. The revised letter removed any mention of AMS regulations and policy letter from reference list and original text on page 2 to avoid confusion.Removed 5-year limit on a vessel's cumulative extension, which was not required by 2012 BWM regulations. This does not affect 5-year limit under 33 CFR 151.1510 or 151.2025 that a vessel may use an AMS after its original compliance date.Removed original text that confused applicants regarding length of an approved extension (“maximum duration of an extension" on page 2 was intended to refer to a cumulative length). The Coast Guard does not issue ...

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USCG revises policy on extensions for BWTS installation

 Blank Rome has issued an article regarding the revised policy on extension for the installation of Ballast Water Treatment SystemsThe U.S. Coast Guard issued a new policy letter that streamlines the process for vessel owners and operators to apply for an extension to their compliance date for installing ballast water treatment systems. Vessel owners and operators may realize a cost savings by a delayed compliance date, which would allow time for the approval of U.S. Coast Guard type-approved ballast water treatment systems before other systems are installed.Owners/operators should therefore review the compliance dates for their vessels and consider applying for an extension if they will face a hardship coming into compliance with the Coast Guard’s Ballast Water Management rule in light of the fact that there are no type-approved systems as yet or any practical alternatives.New DevelopmentsOn September 10, 2015, the U.S. Coast Guard issued a revised Policy Letter 13-01 (the “Policy Letter”) to provide updated guidance to vessel owners and operators regarding Ballast Water Management (“BWM”) methods.The Policy Letter streamlines the application process for vessel owners and operators to obtain extended compliance dates for implementing BWM methods, principally the installation of treatment systems. Notable updates include removing the five-year ...

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