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All rights reserved. No part of this publication may be repro- duced or transmitted in any form or by any means mechani- cal, photocopying, recording or otherwise without the prior written permission of the publishers. Founder: John J. O’Malley 1905 - 1980 Charles P. O’Malley 1928 - 2000 Maritime Reporter/Engineering News is published monthly by Maritime Activity Reports, Inc. Mailed at Periodicals Postage Rates at Waterbury, CT 06701 and additional mailing offices. Postmaster send notification (Form 3579) regarding undeliverable magazines to Maritime Reporter/Engineering News, 118 East 25th Street, New York, NY 10010. Publications Mail Agreement No: 40024966 Return Undeliverable Canadian Addresses to Circulation Dept. of DPGM 4960-2 Walker Road Windsor, ON N9A 6J3 Publishers are not responsible for the safekeeping or return of editorial material. ©2005 Maritime Activity Reports, Inc. 118 East 25th Street, New York, NY 10010 tel: (212) 477-6700; fax: (212) 254-6271 ISSN-0025-3448 USPS-016-750 No. 3 Vol. 67 Subscriptions: One full year (12 issues) $28.00 in U.S.; outside of U.S. $52.00 including postage and handling. For subscription information, call 212-477-6700; fax: (212) 254-6271; or e-mail: mrcirc@marinelink.com MARITIME REPORTER AND ENGINEERINGNEWS Member Business Publications Audit of Circulation, Inc. 8 The Company Index 40 Sea Technology 48 Tanker Market Report 63 New Products 66 SatCom Directory 68 Buyer’s Directory 71 Ship’s Store 72 Ad Index 73 Classifieds Pictured on this month’s cover is Costa Fortuna under construction at Fincantieri’s Sestri yard in 2002. Fincantieri prospered during the 9/11- induced cruise ship building lull through diversity. See story on page 24. Editor’s Note www.marinelink.com trauthwein@marinelink.com On the Cover Circle 201 on Reader Service Card Coming in Maritime Reporter & Engineering News April 2005 The Offshore Edition Offshore Industry Annual • Clean Marine Fuels The Interior Design Guide Maritime Security: Port & Ship Systems Canada ... PLUS: Bonus Distribution @ OTC 2005 — Cruise & Ferry 2005 — Ports 2005 — SeaCargo Americas 2005 May 2005 NORSHIPPING 2005 Edition “Be in Oslo” with Maritime Reporter at one of the shipping industry’s most impor- tant events. Marine Environment Edition Maritime Security Products Marine Fuels, Lubricants and Additives Marine Propulsion Country Focus: Norway June 2005 The Annual World Yearbook World’s Largest & Most Informative Marine Industy Annual www.marinelink.com 6 Maritime Reporter & Engineering News A s we go to press with our annual cruise shipping focus in conjunction with the Miami cruise ship- ping show, the industry’s eyes are not necessarily on newbuild projections and new technologies, but rather Washington, D.C., as the U.S. Supreme Court on February 28, 2005, heard oral arguments in Spector v. Norwegian Cruise Line (No. 03-1388), a case to determine the applicability of the Americans with Disabilities Act (ADA) to foreign-flagged cruise ships. The debate centers on whether the Americans with Disabilities Act (ADA) applies at sea, particularly to ships entering the United States, and how to reconcile conflicts with foreign and international laws and safety regulations in the absence of any statutory or regulatory standards. The following is an excerpt of an analysis from the International Council of Cruise Lines: “... neither the ADA nor any subsequent regulations have clarified precisely what foreign-built ships must do to reconcile accessibility with mandatory international safety standards. Numerous technical issues are associated with harmonizing accessibility and safety requirements for ships. The Safety Of Life At Sea Convention (SOLAS), which has been ratified by the United States, dictates particular design, construction and operation stan- dards for oceangoing ships. These include maintenance of water tight compartments, fire safe zones, unobstructed emergency egress and mandatory participation in fire drills. Unlike buildings, ships must function as places of refuge in the remote event of a mar- itime emergency and do not have immediate access to shore side resources when on the high seas. The complete absence of any statutory or regulatory framework for applying the ADA to foreign ships raises serious practical issues for cruise operators when trying to accommodate passengers with special needs. Of the more than 100 foreign cruise ships visiting North America annually, some routinely embark or disembark passengers in U.S. ports, others do so occasionally, and still others only rarely schedule U.S.-based voyages. The ships vary in size, age, nation of construction and registry. The confusion over the extent of the ADA’s application in these varied contexts has fomented litigation in many jurisdictions by advocacy groups and individuals who, regardless of their good intentions, seek to impose their own acces- sibility standards on this international industry. Because of various contradictory lower court decisions, federal judges around the nation are being asked to guess what Congress intended to be the required level of accessibility, and as such we welcome guidance and clarification from the U.S. Supreme Court.” MR MARCH 2005 #1 (1-8).qxd 3/2/2005 11:36 AM Page 8
