Bryant's Maritime Blog

Bryant’s Maritime Blog - 31 August 2011

noreply@blogger.com (Dennis Bryant) — Wed, 31 Aug 2011 10:31:00 +0000

Commencing 1 September 2011, this Blogspot blog will no longer be updated. Instead, readers should go to the blog on my official website, located at http://brymar-consulting.com/?page_id=6 . I apologize for any inconvenience, but my official website has the same information and more.

Headlines:

Hampton Roads – cautious return to normal operations;

Court - binding arbitration upheld;

France & US – increased protection for humpback whales;

India – enhancements to coastal security; and

New Zealand – yacht skipper convicted after ignoring rules.

August 31, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Remembering the future.

Hampton Roads – cautious return to normal operations

The US Coast Guard issued a news release stating that, while normal operations have resumed in the Port of Hampton Roads, mariners should exercise caution due to the possibility of shoaling, debris, and off-station aids to navigation. (8/30/11).

Court – binding arbitration upheld

Over a vigorous dissent, the US Court of Appeals for the Eleventh Circuit ruled that a foreign crewmember on a foreign passenger vessel based out of the United States must comply with an arbitration clause in his employment contract. In the instant case, the clause required that disputes between the employee and the employer be resolved via binding arbitration under the law of the flag state (Bahamas) in the employee’s country of citizenship (in this instance, Nicaragua). Plaintiff crewmember brought suit, alleging that the arbitration clause was not applicable to his dispute and that the clause was void as against public policy. The court held that federal law favors arbitration, but left open the possibility that plaintiff might renew his cause of action at the enforcement stage if it was shown after-the-fact to be contrary to public policy. Lindo v. NCL (Bahamas) Ltd, No. 10-10367 (11th Cir., August 29, 2011).

France & US – increased protection for humpback whales

The National oceanic and Atmospheric Administration (NOAA) issued a news release stating that the United States and France entered into a “sister sanctuary” agreement to support the protection of endangered humpback whales that migrate annually between the Stellwagen Bank National Marine Sanctuary off Massachusetts and the Agoa Marine Mammal Sanctuary in the French Antilles. (8/30/11).

India – enhancements to coastal security

The Indian Ministry of Defence issued a press release stating that efforts have been undertaken to fill gaps in coastal security revealed by certain incidents such as the grounding of the MT Pavit off the Indian coastline. (8/30/11).

New Zealand – yacht skipper convicted after ignoring rules

Maritime New Zealand issued a media release stating that the skipper of a yacht was convicted of deliberately ignoring the rules of the road and fined more than $5,000. The skipper cut dangerous close across the path of a ferry and ignored whistle blasts, forcing the ferry be put into reverse. When questioned afterwards, he admitted deliberately ignoring the collision prevention rules, assuming that the ferry would alter its course. (8/30/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog - 30 August 2011

noreply@blogger.com (Dennis Bryant) — Tue, 30 Aug 2011 10:44:00 +0000

Headlines:

MMMAC – meeting;

Missouri River – safety zone;

USCG – town hall meetings;

New York/New Jersey – hurricane restrictions cancelled;

Philadelphia – normal operations resumed;

USCG – East Coast ports reopened;

BOEMRE – Arctic oil spill trajectory analysis;

EMSA – workshop on ship recycling;

India – deployment of armed security guards;

India – status of pollution conventions;

India – entry restrictions on vessels over 25 years of age;

India – emergency towing vessels; and

India – vessel traffic management systems.

August 30, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

MMMAC – meeting

The Merchant Mariner Medical Advisory Committee (MMMAC), sponsored by the US Coast Guard, will hold its inaugural meeting in Easton, Maryland on September 19-21. Topics on the agenda include maritime casualties with a nexus to mariner medical issues; mariner medical conditions leading to denial of a mariner’s application; and aging mariners. 76 Fed. Reg. 53924 (August 30, 2011).

Missouri River – safety zone

The US Coast Guard has extended, through October 31, the safety zone on the Missouri River from the Montana and North Dakota border to the confluence with the Mississippi River. 76 Fed. Reg. 53820 (August 30, 2011).

USCG – town hall meetings

The US Coast Guard issued a news release stating that it will host town hall meetings in Gulf Shores (September 1); Biloxi (September 7); Pensacola (September 8); and Panama City (September 12) to discuss updates made to the Coast Guard Sector Mobile Area Contingency Plan and to reflect on lessons learned from the Deepwater Horizon oil spill. (8/29/11).

New York/New Jersey – hurricane restrictions cancelled

The US Coast Guard issued a news release stating that restrictions imposed on navigation in the Port of New York and New Jersey due to Hurricane Irene have been cancelled now that the storm has passed. (8/28/11).

Philadelphia – normal operations resumed

The US Coast Guard issued a news release stating that normal operations have resumed in the Port of Philadelphia now that Hurricane Irene has passed. (8/28/11).

USCG – East Coast ports reopened

The US Coast Guard issued a news release stating that all East Coast ports have been reopened to navigation as waterway assessments and verification of aids to navigation continue. Several restrictions remain in place, including in the Ports of New York and Hampton Roads as the Coast Guard, US Army Corps of Engineers (USACE), and the National Oceanic and Atmospheric Administration (NOAA) continue to examine post-storm conditions. (8/29/11).

BOEMRE – Arctic oil spill trajectory analysis

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a press release stating that it is releasing a new report evaluating how climate change may affect the environmental conditions measured and used in mathematical modeling for oil-spill trajectory analysis in the Arctic region. (8/29/11).

EMSA – workshop on ship recycling

The European Maritime Safety Agency (EMSA) issued the report of its Workshop on Ship Recycling, held in Lisbon on 27-28 June 2011. The workshop considered, among other things, interim measures prior to entry into force of the Hong Kong Convention and possible alternatives to the prohibition of exporting end-of-life ships to non-OECD countries. (8/25/11).

India – deployment of armed security guards

The Indian Ministry of Shipping, while not endorsing use of armed personnel on its merchant ships, has issued voluntary Guidelines on Deployment of Armed Security Guards on Merchant Ships. Owners are advised to conduct their own risk assessment, particularly for hips which bear slow speed and have low freeboard. In addition to compliance Indian law and regulations, owners must ensure that carriage of weapons and armed security guards on their ships is in accordance with all applicable requirements of coastal and port states through whose waters the ship might transit. (8/29/11).

India – status of pollution conventions

The Indian Ministry of Shipping issued a press release reminding stakeholders that India has recently acceded to: the Nairobi International Convention on Removal of Wrecks; the Protocol of 1996 to the Convention on Limitation of Liability for Maritime Claims; and Annex VI to MASRPOL 73/78. India is in the process of acceding to other conventions, such as: the Bunker Convention; the OPRC and the OPRC-HNS. (8/29/11).

India – entry restrictions on vessels over 25 years of age

The Indian Ministry of Shipping issued a press release stating that the Government has decided to issue a notification that, if ships are more than 25 years old, they will be allowed to enter Indian ports only if they satisfy the following conditions: (1) classed with a society that is a full member of IACS; (2) have adequate insurance coverage to liabilities, including collision, wreck removal, and salvage; (3) appoint an Indian Ship Agent to represent the owner/charterer; and (4) the Indian agent should notify the port authority and the customs collector at least 48 hours prior to arrival about the ship’s details. (8/29/11).

India – emergency towing vessels

The Indian Ministry of Shipping issued a press release stating that it has deployed a chartered emergency towing vessel (ETV) on the West Coast of India during the 2011 monsoon season. The Government is considering to engage three ETVs from next year, two on the West Coast and one on the East Coast, during the monsoon season. (8/29/11).

India – vessel traffic management systems

The Indian Ministry of Shipping issued a press release stating that Vessel Traffic Management Systems (VTMSs) are installed at Mumbai, JNPT, Kolkata, Cochin, New Mangalore, and Mormugao Ports. There is one VTMS installed for monitoring the traffic in the Kutch region. Installation of VTMS is in progress at Chennai Port. The Ports at Visakhaptnam, Tuticorin, Paradip, and Ennore are in the process of installing VTMS shortly. (8/29/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog - 29 August 2011

noreply@blogger.com (Dennis Bryant) — Mon, 29 Aug 2011 11:03:00 +0000

Headlines:

Court – DWH claims for economic loss and property damage;

Charleston – port reopened;

MARAD – Panama Canal Expansion and America’s Marine Highway;

DOT – MTSNAC members announced;

Columbia River – barge removal complete;

Court – securities fraud class action suit dismissed;

Denmark – responsible exploitation of Arctic resources; and

Singapore Strait – tanker boarded and robbed.

August 29, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Court – DWH claims for economic loss and property damage

In the multi-district litigation (MDL) involving hundreds of consolidated cases and thousands of plaintiffs regarding the explosion, fire, and sinking of the mobile offshore drilling unit (MODU) Deepwater Horizon and the resulting oil spill, the US District Court for the Eastern District of Louisiana issued an Order regarding claims for private (non-governmental) economic loss and property damage. The court held that: (1) admiralty jurisdiction applies; (2) the Deepwater Horizon was a vessel for purposes of these claims; (3) the blowout preventer (BOP) was an appurtenance of the Deepwater Horizon; (4) state law is inapplicable to these claims because the spill emanated from the Outer Continental Shelf (OCS) and impacted claimants in multiple states; (5) recovery of economic damages under general maritime law requires evidence of physical impact, but not for claims under the Oil Pollution Act of 1990 (OPA 90); (6) defendants other than the OPA 90 responsible parties may be subject to suit under general maritime law; (7) punitive damages are recoverable; and (8) issues regarding presentment of OPA 90 claims are being deferred to a later date. (8/26/11). Note: While little in this order is surprising other than the potential direct liability of the non-OPA 90 defendants, it represents a significant step in this massive litigation. Because of the billions of dollars at stake here, an appeal is almost certain.

Charleston – port reopened

The US Coast Guard issued a news release stating that the Captain of the Port (COTP) has reopened the Port of Charleston following completion of its Hurricane Irene damage assessment. (8/27/11).

MARAD – Panama Canal Expansion and America’s Marine Highway

The Maritime Administration (MARAD) is sponsoring Listening Sessions in San Francisco (September 22) and New York (September 27) for the Panama Canal Expansion Study and the America’s Marine Highway Corridor Workshop. The sessions will discuss the potential impacts of the Panama Canal Expansion on US ports and infrastructure and explore opportunities to better incorporate Marine Highways into the National Transportation System. (8/26/11). Note: This item was brought to my attention by my good friend Mark Yonge of Maritime Transport & Logistics Advisors.

DOT – MTSNAC members announced

The Department of Transportation issued a news release stating that Secretary Ray LaHood appointed 29 members to the Marine Transportation System National Advisory Council (MTSNAC). (8/26/11).

Columbia River – barge removal complete

The Washington State Department of Ecology issued a media release stating that demolition and removal of the barge Davy Crockett from the Columbia River near Camas, Washington is complete. Removal included more than 33,000 gallons of bunker oil and 4,850 pounds of asbestos. The US Coast Guard served as the Incident Commander and the $20 million project was funded by the federal Oil Spill Liability Trust Fund (OSLTF). (8/25/11).

Court – securities fraud class action suit dismissed

In an unpublished decision, the US Court of Appeals for the Third Circuit affirmed the dismissal of a securities fraud class action against a corporate shipowner and five individuals. The Court held that there was insufficient evidence to show that any individual who made actionable statements with regard to the financial condition of the corporation did so with the requisite knowledge that the statements were false. One of the three judges on the panel filed a strong dissent. City of Roseville Employees’ Retirement System v. Horizon Lines, No. 10-2788 (3rd Cir.

Denmark – responsible exploitation of Arctic resources

The Government of Denmark issued a news release stating that Denmark, Greenland, and the Faroe Islands will responsibly respond to changes in the Arctic climate and the possibility of increased natural resource exploration and exploitation. (8/25/11).

Singapore Strait – tanker boarded and robbed

The ReCAAP Information Sharing Centre issued an Incident Alert stating that robbers boarded a petroleum product tanker underway at night in the Singapore Strait approximately seven nm northeast of Horsburgh Lighthouse. They departed the tanker after stealing some shipboard equipment and crew’s personal belongings. The crew was not injured. (8/26/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog - 26 August 2011

noreply@blogger.com (Dennis Bryant) — Fri, 26 Aug 2011 11:00:00 +0000

Headlines:

USCG – Hurricane Irene;

Court – Asian carp decision;

CBP – ACE Ocean/Rail manifest rollout rescheduled;

FERC – Freeport LNG liquefaction project;

USCG – recreational vessel propeller strike and CO poisoning prevention;

BOEMRE – Chukchi Sea oil and gas lease SEIS;

FWS – termination of southern sea otter translocation program; and

Panama Canal – locks maintenance.

August 26, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – Hurricane Irene

The US Coast Guard issued a news release stating that Port Condition XRAY has been set for the coastal waters of North Carolina and a second news release stating that Port Condition XRAY has been set for the Port of Hampton Roads as the hurricane approaches. It issued a third news release stating that Port Condition WHISKEY has been set for waters of the Upper Chesapeake Bay, a fourth news release stating that Port Condition WHISKEY has been set for the Port of Philadelphia and a fifth news release stating that Port Condition WHISKEY has been set for the waters of Sector Long Island Sound. (8/25/11). Note: Copies of the Hurricane and Heavy Weather Plans for the various USCG Sectors are available on my website at: Hurricane Contingency Plans.

Court – Asian carp decision

The US Court of Appeals for the Seventh Circuit has denied the appeal of various Great Lakes states for a preliminary injunction that would require defendant US Army Corps of Engineers (USCOE) to put in place physical barriers throughout the Chicago Area Waterway System (CAWS) and particularly the Chicago Sanitary and Ship Canal to prevent invasive Asian carp from entering the Great Lakes. The district court denied the motion for an injunction, ruling that plaintiffs had shown only a minimal chance of succeeding on their claims. Plaintiffs appealed. The 57-page opinion is summed up in one lengthy quote: “In our view, the plaintiffs presented enough evidence at this preliminary stage of the case to establish a good or perhaps even a substantial likelihood of harm – that is, a non-trivial chance that the carp will invade Lake Michigan in numbers great enough to constitute a public nuisance. If the invasion comes to pass, there is little doubt that the harm to the plaintiff states would be irreparable. That does not mean, however, that they are automatically entitled to injunctive relief. The defendants, in collaboration with a great number of agencies and experts from the state and federal governments, have mounted a full-scale effort to stop the carp from reaching the Great Lakes, and this group has promised that additional steps will be taken in the near future. This effort diminishes any role that equitable relief would otherwise play. . . . In light of the active regulatory efforts that are ongoing, we conclude that an interim injunction would only get in the way. We stress, however, that if the agencies slip into somnolence or if the record reveals new information at the permanent injunction stage, this conclusion can be revisited.” Michigan v. US Army Corps of Engineers, No. 10-3891 (7th Cir., August 24, 2011).

CBP – ACE Ocean/Rail manifest rollout rescheduled

The US Customs and Border Protection (CBP) issued a news release stating that it has rescheduled the ACE Ocean/Rail Manifest System, or M1, deployment for August 26 as a result of an unplanned Automated Commercial System database outage this past weekend. (8/24/11).

FERC – Freeport LNG liquefaction project

The Federal Energy Regulatory Commission (FERC) issued a notice stating that it intends to prepare an environmental assessment (EA) for the planned Freeport liquefied natural gas (LNG) liquefaction and exportation project. A public scoping meeting will be held in Lake Jackson, Texas on September 8. Written comments must be received by September 19. 76 Fed. Reg. 53440 (August 26, 2011).

USCG – recreational vessel propeller strike and CO poisoning prevention

The US Coast Guard seeks public input on how best to prevent recreational boating casualties caused by propeller strikes and carbon monoxide (CO) poisoning. Comments should be submitted by November 25. 76 Fed. Reg. 53364 (August 26, 2011).

BOEMRE – Chukchi Sea oil and gas lease SEIS

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a notice stating that, for the next 30 days, it is accepting comments on its Final Supplemental Environmental Impact Statement (SEIS) for Outer Continental Shelf (OCS) Oil and Gas Lease Sale 193, Chukchi Sea, Alaska. 76 Fed. Reg. 53481 (August 26, 2011).

FWS – termination of southern sea otter translocation program

The Fish and Wildlife Service (FWS) proposes to terminate its southern sea otter translocation program, which it acknowledges has been a failure. Public meetings will be held in Santa Barbara on October 4 and in Santa Cruz on October 6. Written comments should be submitted by October 24. 76 Fed. Reg. 53381 (August 26, 2011). Note: You can lead an otter to water but you can’t make him loiter.

Panama Canal – locks maintenance

The Panama Canal Authority issued an advisory stating that the west lane of Gatun Locks will be out of service for maintenance and repair from August 27 through September 3. In addition, the west lane of Pedro Miguel Locks will be closed for dredging from August 29 through September 2. As a result, Transit Reservation System Condition 2 will be in effect from August 28 through September 2. Advisory 18-2011 (8/24/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–25 August 2011

noreply@blogger.com (Dennis Bryant) — Thu, 25 Aug 2011 10:11:00 +0000

Headlines:

USCG – Hurricane Irene;

Willamette River – safety zone;

NOAA – Arctic data collaboration with three energy companies; and

House – hearing on securing the Port of Houston.

August 25, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – Hurricane Irene

The US Coast Guard issued a news release stating that Port Condition XRAY has been set for the Port of Port Canaveral and a second news release stating that Port Condition XRAY has been set for the coastal waters of South Carolina as the hurricane approaches. It issued a third news release stating that Port Condition WHISKEY has been set for the Ports of Wilmington and Morehead City in North Carolina and a fourth news release stating that Port Condition WHISKEY has been set for the Port of Hampton Roads. (8/24/11). Note: Copies of the Hurricane and Heavy Weather Plans for the various USCG Sectors are available on my website at: Hurricane Contingency Plans.

Willamette River – safety zone

The US Coast Guard established a safety zone on waters of the Willamette River in Portland, Oregon for construction of the TriMet Bridge. The safety zone will remain in effect through September 30, 2014. 76 Fed. Reg. 53054 (August 25, 2011).

NOAA – Arctic data collaboration with three energy companies

The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that it signed an agreement with Shell Exploration & Production, ConocoPhillips, and Statoil USA E&P Inc. to enhance collaboration on ocean, coastal, and climate science for the Arctic. The agreement calls for sharing a number of scientific data sets, including weather and ocean observations, biological information, and sea ice and sea floor mapping studies. (8/23/11).

House – hearing on securing the Port of Houston

The Subcommittee on Oversight, Investigations, and Management of the House Committee on Homeland Security conducted a field hearing entitled Preventing an Economic Shock Wave: Securing the Port of Houston from a Terrorist Attack”. Mr. Stephen Caldwell, Government Accountability Office (GAO), testified that the Coast Guard and the Federal Bureau of Investigation (FBI) have made progress implementing prior GAO recommendations to enhance energy tanker security, but that improvements are needed with regard to assessing the security risks to offshore energy infrastructure. Captain James Whitehead, USCG, Sector Houston-Galveston, testified regarding integrated maritime security operations in the Houston-Galveston area. Testimony of other witnesses is not yet available. (8/24/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–24 August 2011

noreply@blogger.com (Dennis Bryant) — Wed, 24 Aug 2011 10:39:00 +0000

Headlines:

USCG – Hurricane Irene;

FEMA – Port Security Grant Program allocations;

Columbia River – removal of barge Davy Crockett;

NOAA – marine mammal stock assessment; and

Seychelles – anti-piracy conference.

August 24, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – Hurricane Irene

The US Coast Guard issued a news release stating that Port Condition XRAY has been set for the Ports of Miami and Port Everglades. It issued a second news release stating that Port Condition WHISKEY has been set for the Port of Port Canaveral and a third news release stating that Port Condition WHISKEY has been set for the Ports of Jacksonville and Fernandina as the hurricane approaches. (8/23/11). Note: Copies of the Hurricane and Heavy Weather Plans for the various USCG Sectors are available on my website at: Hurricane Contingency Plans.

FEMA – Port Security Grant Program allocations

The Federal Emergency Management Agency (FEMA) issued a bulletin announcing the FY 2011 grant program allocations. The allocation this year for the Port Security Grant Program (PSGP) is $235,029,000. Information Bulletin No. 370 (8/23/11). Note: The PSGP allocation for FY2010 was $288 million, and for FY2009, it was $388.6 million.

Columbia River – removal of barge Davy Crockett

The US Coast Guard issued a news release stating that, on August 25, the final section of the derelict barge Davy Crockett will be removed from the Columbia River near Camas, Washington. (8/22/11).

NOAA – marine mammal stock assessment

The National Oceanic and Atmospheric Administration (NOAA) is seeking comments on its draft 2011 Marine Mammal Stock Assessment Reports (SARs). Comments should be submitted by November 22. 76 Fed. Reg. 52940 (August 24, 2011).

Seychelles – anti-piracy conference

The Government of the Republic of Seychelles and the South Asia and Africa Regional Port Stability Cooperative (SAARPSCO) are hosting an anti-piracy conference – Sunrise on the Horizon of the Indian Ocean – in Victoria, Mahe, Seychelles on September 6-9. (8/23/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–23 August 2011

noreply@blogger.com (Dennis Bryant) — Tue, 23 Aug 2011 10:47:00 +0000

Headlines:

DOJ – Somali pirates sentenced to life imprisonment;

USCG – Hurricane Irene;

Arthur Kill – RNA;

FAA – underwater locating devices;

NOAA – Marine Operations Center – Pacific dedicated;

USAF – GPS Block IIF satellite;

IMO – WMD – Piracy: orchestrating the response;

Australia – marine occurrences 2005-2010;

Canada – maritime SAR exercise in High Arctic;

Hong Kong – marine works; and

Oman – anchored tanker hijacked.

August 23, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

DOJ – Somali pirates sentenced to life imprisonment

The Department of Justice (DOJ) issued a news release stating that two Somali nationals have been sentenced to life imprisonment after pleading guilty to piracy in the death of four Americans on board the sailing vessel Quest. (8/22/11).

USCG – Hurricane Irene

The US Coast Guard issued a news release stating that the ports in Puerto Rico and the US Virgin Islands have been reopened now that Hurricane Irene was passed through the area. A second news release states that Port Condition WHISKEY has been set for the Ports of Miami and Fort Lauderdale as the hurricane approaches. (8/22/11). Note: Copies of the Hurricane and Heavy Weather Plans for the various USCG Sectors are available on my website at: Hurricane Contingency Plans.

Arthur Kill – RNA

The US Coast Guard promulgated a temporary interim rule establishing a regulated navigation area (RNA) on certain navigable waters of the Arthur Kill in the Port of New York and New Jersey. This rule is necessary to enhance navigation and safety during drilling, blasting, and dredging operations in support of the US Army Corps of Engineers (USACE) channel deepening project. The RNA will be in effect through April 1, 2014. Comments on this temporary interim rule should be submitted by September 22. 76 Fed. Reg. 52569 (August 23, 2011).

FAA – underwater locating devices

The Federal Aviation Administration (FAA) issued a notice announcing the planned revocation of all current Technical Standard Order authorizations (TSOAs) issued for the production of Underwater Locating Devices (Acoustic)(Self-Powered). These actions are necessary because the planned issuance of a new TSOA will increase the minimum operating life of such devices from 30 days to 90 days. Comments on the proposal should be submitted by November 21. 76 Fed. Reg. 52734 (August 23, 2011).

NOAA – Marine Operations Center – Pacific dedicated

The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that its new Marine Operations Center – Pacific facility, located in Newport, Oregon, has been dedicated. It will serve as a homeport for four NOAA research and survey ships. (8/20/11).

USAF – GPS Block IIF satellite

The US Air Force (USAF) issued a news release stating that command and control of the second Global Positioning System (GPS) Block IIF satellite has been transferred to the USAF 50th Space Wing’s 2nd Space Operations Squadron, following a 30-day on-orbit checkout period. This next-generation satellite will provide improved accuracy through advanced atomic clocks, a longer design life, and a third civil signal (L5) that will eventually benefit commercial aviation and safety-of-life applications. (8/19/11).

IMO – WMD – Piracy: orchestrating the response

The IMO launched its Action Plan to promote the 2011 World Maritime Day theme “Piracy: orchestrating the response”. The five objectives in promotion of this theme consist of: (1) securing the release of hostages; (2) strengthening the protection of persons, ship, and cargoes; (3) ensuring compliance with adopted measures; (4) promoting cooperation among stakeholders; and (5) building capacity in the affected States. World Maritime Day events are being held worldwide to further this theme. One of the two US observances of this initiative will be the Western Gulf Observance to be held in Port Arthur on September 29.

Australia – marine occurrences 2005-2010

The Australian Transport Safety Bureau (ATSB) posted its report entitled Australian Shipping Occurrence Statistics 2005 to 2010. A total of 546 marine occurrences were reported to the ATSB during the period. While there were decreases in reported occurrences in 2008 to 2010, the number of serious incidents remained fairly constant. The Western Australian and Queensland coasts had the most marine occurrences. (8/22/11).

Canada – maritime SAR exercise in High Arctic

The Canadian Ministry of Fisheries and Oceans issued a media release stating that the Canadian Coast Guard is leading a maritime search and rescue (SAR) exercise in waters of Strathcona Sound on northern Baffin Island, Nunavut. The exercise is part of Operation Nanook 11, Canada’s annual whole-of-government sovereignty operation in the High Arctic. (8/19/11).

Hong Kong – marine works

The Hong Kong Marine Department issued a notice stating that, with immediate effect and for a period of approximately eight months, marine works involving dredging operations, laying of water pipeline, and backfilling operations will be carried out from the Hong Kong Convention & Exhibition Centre to Tsim Sha Tsui. Mariners should give these operations a wide berth. Marine Notice 87-2011 (8/22/11).

Oman – anchored tanker hijacked

The EU NAVFOR issued a press release stating that the tanker Fairchem Bogey was hijacked by suspected Somali pirates while anchored off Salalah, Oman. The vessel, with its crew of 21, is headed toward the Somali coast. (8/22/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–22 August 2011

noreply@blogger.com (Dennis Bryant) — Mon, 22 Aug 2011 10:46:00 +0000

Headlines:

Puerto Rico and Florida – Hurricane Irene;

DOJ – alleged Somali hostage negotiator indicted again;

Duluth-Superior – maritime security training exercise;

Tampa – test of small craft intrusion barrier;

USCG – Mariner Credentialing Program List Servers;

BOEMRE – SEIS for Chukchi Sea lease sale;

MARAD – TIGER grant webinar;

Coral Reef Task Force – meeting;

Court – houseboat is a vessel and subject to admiralty jurisdiction;

Australia – navigation safety in vicinity of barges;

Australia – minimizing ship strikes with cetaceans; and

Australia – receipt of Maritime Security Information.

August 22, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Puerto Rico and Florida – Hurricane Irene

The US Coast Guard issued a news release stating that Port Condition ZULU has been set for Puerto Rico and the US Virgin Islands as Hurricane Irene passes through. This means that ports in those waters are closed to maritime traffic. (8/21/11). Note: The forecast is for Hurricane Irene to track up the Atlantic coast of Florida on Friday. Vessels and port facilities that may be impacted should review their heavy weather plans and start taking appropriate action now.

DOJ – alleged Somali hostage negotiator indicted again

The Department of Justice (DOJ) issued a news release stating that the Somali national who has been indicted for being the hostage negotiator with respect to the hijacked US sailing vessel Quest has now been indicted for being the hostage negotiator with respect to the M/V Marida Marguerite. The Marida Marguerite was hijacked in May 2010. It and its 22 crewmembers were held off the coast of Somalia until December 2010, when a ransom was paid by the owner. The indictment alleges that Mohammad Saaili Shibin negotiated the payment of ransom and received approximately $30,000 to $50,000 from the pirates for his services. (8/18/11).

Duluth-Superior – maritime security training exercise

The US Coast Guard issued a news release stating that a multi-agency, full-scale maritime security training exercise will be held in the Port of Duluth-Superior on August 24. (8/19/11).

Tampa – test of small craft intrusion barrier

The US Coast Guard issued a news release stating that a joint maritime security exercise was conducted in the Port of Tampa to test the capabilities of a Small Craft Intrusion Barrier (SCIB). (8/19/11).

USCG – Mariner Credentialing Program List Servers

The US Coast Guard National Maritime Center (NMC) issued a bulletin updating the status of its Mariner Credentialing Program List Server. Interested parties may sign up for one or more of the three available lists. (8/18/11).

BOEMRE – SEIS for Chukchi Sea lease sale

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a press release stating that it released a Final Supplemental Environmental Impact Statement (SEIS) for the Chukchi Sea Oil and Gas Lease Sale 193. The Final SEIS addresses concerns raised in a federal district court decision, incorporates additional public comment, and includes a new analysis of the environmental impacts of a hypothetical Very Large Oil Spill (VLOS) scenario. (8/19/11).

MARAD – TIGER grant webinar

The Maritime Administration (MARAD) issued a notice stating that it will conduct a webinar on August 30 to explain TIGER grant opportunities. (8/19/11).

Coral Reef Task Force – meeting

The US Coral Reef Task Force, sponsored by the National Oceanic and Atmospheric Administration (NOAA), will meet in Fort Lauderdale on October 21. 76 Fed. Reg. 51383 (August 22, 2011).

Court – houseboat is a vessel and subject to admiralty jurisdiction

The US Court of Appeals for the Eleventh Circuit ruled that an undocumented houseboat is a vessel for purposes of admiralty jurisdiction. The 33-page decision involves efforts by a municipal marina to enforce its rules and efforts by the owner of one of the vessel’s at the marina to resist changes in the rules. City of Riviera Beach v. Certain Unnamed Vessel, No. 10-10695 (11th Cir., August 19, 2011).

Australia – navigation safety in the vicinity of barges

The Australian Maritime Safety Authority (AMSA) issued a notice reminding seafarers, others involved in the operation of barges, and those engaged in operations in the vicinity of barges, of aspects of the COLREGS which relate to safe operations. Marine Notice 11/2011 (8/19/11).

Australia – minimizing ship strikes with cetaceans

The Australian Maritime Safety Authority (AMSA) issued a notice providing guidance in reducing the risk of collision with cetaceans (e.g., whales, dolphins, porpoises). Seafarers are reminded that the Australian Whale Sanctuary encompasses all Commonwealth waters from the three nautical mile state waters limit out to the limit of the EEZ. Marine Notice 12/2011 (8/19/11).

Australia – receipt of Maritime Safety Information

The Australian Maritime Safety Authority (AMSA) issued a notice reminding masters that all ships transiting NAVAREA X or otherwise approaching the Australian coast should ensure that they can receive all Maritime Safety Information (MSI) necessary for the intended voyage. This generally can be done by configuring the vessel’s Inmarsat-C Enhanced Group Calling (EGC) receivers for the NAVAREA X and coastal warning areas appropriate for the intended voyage. Marine Notice 13/2011 (8/19/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–19 August 2011

noreply@blogger.com (Dennis Bryant) — Fri, 19 Aug 2011 10:37:00 +0000

Headlines:

US – economic sanctions against Syria;

DOJ – shipping company sentenced for oil pollution cover-up;

USCG – use of LA51 Joint Non-Lethal Warning Munition;

Houston – ship-barge collision;

USCG – Proceedings magazine looks at MTS;

ReCAAP – July monthly report;

India – consideration of new welfare scheme for seafarers;

Panama Canal – restrictions on oil tankers without double hulls; and

UK – aircraft carrier segment under tow.

August 19, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

US – economic sanctions against Syria

President Obama signed an Executive Order imposing economic sanctions against Syria, effective immediately. Supply of services to Syria by any United States person is prohibited, as is the importation of any petroleum or petroleum product of Syrian origin. No United States person may finance or facilitate any transaction by a foreign person that would be prohibited if performed by a United States person. The sanctions are explained in an accompanying Presidential Memorandum. The Office of Foreign Assets Control (OFAC) issued a notice listing Specially Designated Nationals (SDNs) for purposes of this Order. (8/18/11).

DOJ – shipping company sentenced for oil pollution cover-up

The Department of Justice (DOJ) issued a news release stating that a Puerto Rican-based shipping company has been sentenced to pay a penalty of $700,000 and to institute an environmental compliance plan after being found guilty of violation of the Act to Prevent Pollution from Ships and of making false statements to US Coast Guard inspectors. When the ship’s oily water separator became inoperative, oily waste water was pumped directly overboard and fraudulent entries were made in the oil record book. (8/18/11).

USCG – use of LA51 Joint Non-Lethal Warning Munition

The US Coast Guard is seeking comment on its draft Programmatic Environmental Assessment for nationwide use of the LA51 Joint Non-Lethal Warning Munition. The non-lethal 12-gauge munition would be used to augment USCG security and law enforcement missions in US waterways. Each LA51 cartridge is comprised of a pyrotechnic projectile with a pyrotechnic time delay. After firing, the cartridge would airburst approximately 100 meters downrange, with a bright flash and a loud report. Comments should be submitted by 2 September. (8/17/11).

Houston – ship-barge collision

The US Coast Guard issued a news release stating that a tanker and a tank barge (being pushed by a towing vessel) collided in the Houston Ship Channel near Pelican Cut. There were no reports of injury or pollution. The tanker reported a breach of its starboard ballast tank. Damage surveys are being conducted. The incident is under investigation. (8/18/11).

USCG – Proceedings magazine looks at MTS

The Summer 2011 edition of the Proceedings of the Marine Safety and Security Council has been posted. This edition focuses on the US Marine Transportation System (MTS) and its value to the nation. It includes a matrix comparison of federal agencies with significant responsibilities for MTS functions. The Committee on the Marine Transportation System (CMTS) has published an updated list of maritime transportation-related Federal Advisory Committees. (8/18/11).

ReCAAP – July monthly report

The ReCAAP Information Sharing Centre issued its Monthly Report for July 2011. Nine incidents of piracy or armed robbery of ships (eight actual and one attempted) were reported during the month. This compares with eleven incidents reported during July 2010. (8/18/11).

India – consideration of new welfare scheme for seafarers

The Indian Ministry of Shipping issued a press release stating that the Government is considering introduction of legislation providing for reinforcement of the Monthly Ex-gratia Monitory Assistance (MEMA) Scheme operated by the Seamen’s Welfare Fund Society (SWFS) and introduction of a contributory Annuity Scheme for seafarers. (8/18/11).

Panama Canal – restrictions on oil tankers without double hulls

The Panama Canal Authority issued an advisory announcing that, effective December 31, 2012, oil tankers of 600 tons deadweight and over but below 5,000 tons deadweight without double hulls will no longer be allowed to transit the Panama Canal if loaded with oil. In the meantime, such tankers arriving for transit loaded with oil will be assigned extraordinary tug assistance at all locks and through Culebra Cut at the vessel’s expense. Other restrictions apply to Category 2 and 3 tankers and to single-hull tankers of 5,000 tons deadweight and above subject to MARPOL Annex I, Regulation 21. Advisory 17-2011 (8/16/11).

UK – aircraft carrier segment under tow

The Royal Navy issued a news release stating that an 8,000 tonne segment of the HMS Queen Elizabeth is being towed around Scotland from the Clyde to the Forth, where it will join other sections to form the UK’s next aircraft carrier. (8/18/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–18 August 2011

noreply@blogger.com (Dennis Bryant) — Thu, 18 Aug 2011 10:52:00 +0000

Commencing 1 September 2011, my Blogspot blog will no longer be updated. Instead, readers should go to the blog on my official website, located at http://brymar-consulting.com/?page_id=6 . I apologize for any inconvenience, but my official website has the same information and more.

Headlines:

DOJ – False Claims Act suit filed against shipyards;

BOEMRE – leasing for wind power off RI & MA;

BOEMRE – EA for wind power leasing off RI & MA;

USCG – waiver of citizenship requirements for fishing vessel crew;

FMC – filing of complaint;

DON – nominations for Ocean Research Advisory Panel;

DOT – funding for passenger ferry projects;

MARAD – registration open for WOW Conference;

House – bill introduced re taxation of oil spill damage payments; and

Panama Canal - visibility requirements.

August 18, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

DOJ – False Claims Act suit filed against shipyards

The Department of Justice (DOJ) issued a news release stating that suit has been filed in federal court under the False Claims Act against Ballinger Shipyards Lockport LLC and Halter Bollinger Joint Venture LLC regarding a contract to convert eight Coast Guard patrol boats by extending their hulls and making additional improvements. The suit alleges that the defendants made material false statements to the Coast Guard during the contracting process. (8/17/11).

BOEMRE – leasing for wind power off RI &MA

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a notice calling for information and nominations for commercial leasing for wind power on the outer continental shelf (OCS) offshore Rhode Island and Massachusetts. Nominations must be postmarked by October 3. 76 Fed. Reg. 51383 (August 18, 2011). The Department of the Interior issued a news release in conjunction with this initiative.

BOEMRE – EA for wind power leasing off RI & MA

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a notice stating that it intends to prepare an Environmental Assessment (EA) regarding commercial wind energy lease issuance and site characterization activities on the Atlantic outer continental shelf (OCS) offshore Rhode Island and Massachusetts. 76 Fed. Reg. 51391 (August 18, 2011).

USCG – waiver of citizenship requirements re fishing vessel crew

The US Coast Guard proposes to add to its regulations a description of the procedures for requesting and processing waivers of citizenship requirements for crewmembers on commercial fishing vessels. The current policy is addressed in a policy letter, which will largely be incorporated into regulations under this proposal. Comments should be submitted by November 16. 76 Fed. Reg. 51317 (August 18, 2011).

FMC – filing of complaint

The Federal Maritime Commission (FMC) issued a notice stating that a complaint has been filed by a group of ocean common carriers against the Port Authority of New York and New Jersey (PANYNJ). Complainants allege that PANYNJ has violated the Shipping Act of 1984 by adopting a “Cargo Facility Charge” which is unlawful because complainants do not receive services commensurate with the fee; because the charge severely and unreasonably prejudices complainants while unduly preferring other users of the port’s facilities; and because the charge and the rules applying it provide for unlawful expulsion of complainants from the port. 76 Fed. Reg. 51367 (August 18, 2011).

DON – nominations for Ocean Research Advisory Panel

The Department of the Navy is soliciting nominations for membership on the Ocean Research Advisory Panel (ORAP). Nominations should be submitted by September 15. 76 Fed. Reg. 51353 (August 18, 2011).

DOT – funding for passenger ferry projects

The Department of Transportation issued a news release announcing grants in excess of $413 million for state highway projects. Some of the projects are for passenger ferries, including $2 million to convert one of the Staten Island ferries to natural gas fuel. (8/17/11).

MARAD – registration open for WOW Conference

The Maritime Administration (MARAD) issued a news release stating that registration is now open for the fifth annual Women on the Water (WOW) Conference to be held on October 27-29 at the Massachusetts Maritime Academy in Buzzards Bay. (8/16/11).

House – bill introduced re taxation of oil spill damage payments

Representative Palazzo (R-MS) introduced a bill (H.R. 2821) to allow damage payments from BP in connection with the blowout and explosion on the offshore drilling unit Deepwater Horizon to be included in gross income ratably over 3 years. Official text of the bill is not yet available. (8/16/11).

Panama Canal – visibility requirements

The Panama Canal Authority issued an advisory reminding customers of visibility requirements for the navigation bridge. Advisory 16-2011 (8/15/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–17 August 2011

noreply@blogger.com (Dennis Bryant) — Wed, 17 Aug 2011 11:08:00 +0000

Headlines:

RMI – Deepwater Horizon investigation report;

IMO – BMP4 released;

ACPIL – meeting;

USCG – cargo security risk reduction meeting;

USN & USCG – teaming up to fight piracy;

OFAC – enforcement information;

US Virgin Islands – container inspection;

US & Panama – PANAMAX military exercise;

Somalia – pirates to release kidnapped family and hijacked freighter; and

Coast Guard executes convicted murderer – August 17, 1929.

August 17, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

RMI – Deepwater Horizon investigation report

The Maritime Administrator for the Republic of the Marshall Islands (RMI) released the 216-page DEEPWATER HORIZON Marine Casualty Investigation Report. On 20 April 2010, the RMI-flag mobile offshore drilling unit (MODU) Deepwater Horizon experienced an explosion and fire that resulted in the loss of eleven lives and the sinking of the MODU in the Gulf of Mexico. The investigation finds that the proximate cause of the casualty was a loss of well control resulting from a deviation from standards of well control engineering, a deviation from the well abandonment plans submitted to and approved by the Minerals Management Service (MMS), and a failure to react to multiple indications that a well control event was in progress. (8/17/11).

IMO – BMP4 released

The fourth edition of Best Management Practices for Protection against Somalia-based Piracy (BMP4) has been released electronically. It provides the most current suggested planning and operational practices for ship operators and masters transiting the High Risk Area. (8/16/11).

ACPIL – meeting

The Advisory Committee on Private International Law (ACPIL), sponsored by the Department of State (DOS), will meet in Washington, DC on September 22 and 23. Topics on the agenda include electronic commerce, regional inter-American issues, and US federalism issues in implementing private international law conventions. 76 Fed. Reg. 51119 (August 17, 2011).

USCG – cargo security risk reduction meeting

On August 18, the US Coast Guard will host the second of its two public meetings to consider options for reducing the risks related to transport, transfer, and/or storage of certain dangerous cargo (CDC) in bulk within the US Marine Transportation System. The listening session will be at the Hobby Airport Hilton in Houston, from 8:00 a.m. through 1:00 p.m. For those unable to attend in person, the session will be Webcast. During this session, individuals can submit questions live via Twitter at hashtag #cdcsecurity and via phone at (866) 801-5169 participant code 8091496. 76 Fed. Reg. 41278 (July 13, 2011).

USN & USCG – teaming up to fight piracy

The US Navy issued a news release stating that a US Coast Guard Advanced Interdiction Team (AIT) has embarked on the guided-missile destroyer USS Mitscher (DDG 57) engaged in counter-piracy operations in the Indian Ocean. The 12-mmber AIT, comprised of maritime law enforcement specialists, work with the destroyer’s visit, board, search, and seizure (VBSS) team to gather and build evidentiary packages required for prosecuting piracy and other maritime crimes. (8/16/11).

OFAC – enforcement information

The Office of Foreign Assets Control (OFAC) issued Enforcement Information concerning civil penalties collected recently for alleged violations of US economic sanctions. Among those on the new list is CMA CGM (America) LLC. The company remitted $374,400 to settle allegations of violations of the Cuban Assets Control Regulations, the Iranian Transactions Regulations, and the Sudanese Sanctions Regulations. (8/16/11).

US Virgin Islands – container inspection

The US Coast Guard issued a news release stating that a multi-agency strike force operation (MASFO) at St. Thomas Harbor, US Virgin Islands, screened 121 shipping containers and physically inspected another 53 containers and portable tanks. The primary objective was to ensure compliance with federal, state, and local regulations pertaining to the safe shipment of cargo. Findings were negative for illegal drugs or contraband, but seven containers holding hazardous materials were detained due to insufficient markings and inadequate placarding. (8/16/11).

US & Panama – PANAMAX military exercise

The Department of Defense (DOD) issued a news release stating that a multi-national military exercise is being held to test plans to defend the Panama Canal. Co-sponsored with the Panamanian Government, PANAMAX is a joint combined operation focused on defending the vital waterway. The exercise will continue through August 26. (8/16/11).

Somalia – pirates to release kidnapped family and hijacker freighter

The official website of Denmark issued a news release stating that a Somali pirate reports that a deal has been reached for release of a Danish family and their two deckhands who were hijacked and kidnapped in the Gulf of Aden on February 24. The family of two adults and three children (along with two deckhands) were sailing their yacht around the world when the yacht was boarded by Somali pirates. The seven individuals were later transferred to the M/V Dover, which had also been hijacked. Reports indicate that ransom was $3 million for the Danish hostages and was $4 million for the M/V Dover. (8/15/11).

Coast Guard executes convicted murderer – August 17, 1929

James Horace Alderman was a notorious smuggler of alcoholic beverages – a rum runner – during the heyday of the Prohibition Era. He called himself the “King of the Rum Runners” in South Florida. In some ways, he was a miniature Al Capone. To many in the area, he was a folk hero, supplying booze that was withheld by the federal government. He dispensed equal parts of charity, corruption, and violence throughout the Miami-Fort Lauderdale area, while smuggling liquor from the Bahamas to South Florida. On August 7, 1927, the 75-foot Coast Guard patrol boat CG-249, based in Fort Lauderdale, was transporting Secret Service agent Robert Webster to the Bahamas to investigate reports of counterfeit US currency. Half-way across, the patrol boat encountered a speedboat headed the other direction. Boatswain Sydney Sanderlin, the officer in charge of the patrol boat, directed the speedboat to halt. The speedboat, operated by Alderman and with an accomplice onboard, tried to flee. Alderman ignored the first warning shot, but stopped when the patrol boat fired its machine gun. Sanderlin sent one of his crew onboard to check the situation. The crewman quickly found 20 cases of liquor stashed in the engine space. Sanderlin ordered Alderman and his accomplice onto the patrol boat, after checking to ensure that they were unarmed. While Sanderlin went to the bridge to call his headquarters for instructions, Alderman asked a crewman for permission to go back aboard the speedboat to retrieve his jacket; the crewman assented. Alderman retrieved not only his jacket, but also a pistol. When Alderman returned to the patrol boat, he shot Sanderlin in back, killing him instantly. Alderman then grabbed Sanderlin’s .45 caliber pistol. Alderman shot and severely wounded a second Coast Guardsman (he died four days later). Alderman ordered the remaining federal officers onto the speedboat and directed his accomplice to get the speedboat underway. When the accomplice experienced engine trouble, Alderman turned to inquire as to the trouble. The unarmed federal officers jumped him. Alderman shot the Secret Service agent, killing him instantly. He shot and wounded another Coast Guardsman, who survived. By then, the federal officers had overwhelmed Alderman. His accomplice gave up without a struggle. After a speedy trial, Alderman was convicted of three counts of murder in the first degree within the special maritime and territorial jurisdiction of the United States and was sentenced to suffer death by hanging. His appeal to the US Supreme Court was denied, as was his request for clemency from President Herbert Hoover. The judge directed that Alderman be executed in the Broward County Jail in Fort Lauderdale. The County Commissioners, concerned about potential fallout from executing a local folk hero and about potential adverse impact on tourism, declined. The judge then ordered that the execution be performed at the nearest federal facility to the jail – which happened be Coast Guard Base 6 in Fort Lauderdale. At 5:00 a.m., on Saturday, August 17, 1929, the US Coast Guard carried out the judge’s order, hanging James Horace Alderman from a hastily constructed gallows in the seaplane hangar, two years and ten days after he committed his murders.

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–16 August 2011

noreply@blogger.com (Dennis Bryant) — Tue, 16 Aug 2011 10:26:00 +0000

Headlines:

MERPAC – meeting of work group;

MERPAC – meeting;

San Pedro Bay – proposed amendments to security zones;

USCG – correction regarding Great Lakes pilotage rates;

DOT – grants to small shipyards;

Ireland – fisheries enforcement in UK waters;

Gulf of Aden – suspected pirates intercepted;

Somalia – pirates released hijacked vessel; and

UK – modernizing Customs and Excise Law.

August 16, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

MERPAC – meeting of work group

A work group of the Merchant Marine Personnel Advisory Committee (MERPAC), sponsored by the US Coast Guard, will meet in Washington, DC on September 8 and 9 to discuss Task Statement 75, entitled “Review of the Supplemental Notice of Proposed Rulemaking Concerning the Implementation of the Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements.” 76 Fed. Reg. 50746 (August 16, 2011). Note: Readers are reminded that, while the focus on the rulemaking project is on implementation of the 2010 amendments to the STCW Convention, it includes various provisions that relate to some US mariners to which the Convention is not directly applicable.

MERPAC – meeting

The Merchant Marine Personnel Advisory Committee (MERPAC), sponsored by the US Coast Guard, will meet in Washington, DC on October 6 and 7 to discuss issues related to the training and fitness of US merchant marine personnel. 76 Fed. Reg. 50744 (August 16, 2011).

San Pedro Bay – proposed amendments to security zones

The US Coast Guard proposes to amend its regulations regarding security zones around cruise ships in San Pedro Bay by providing for a uniform 100 yard radius on navigable waters around any cruise ship within the San Pedro Bay port area landward of the sea buoys. Comments on the proposal should be submitted by September 15. 76 Fed. Reg. 50710 (August 16, 2011).

USCG – correction regarding Great Lakes pilotage rates

The US Coast Guard issued a correction to its earlier proposal regarding 2012 rates for pilotage on the Great Lakes. The correction provides four rows that were inadvertently omitted from a table and corrects a misspelled column heading. 76 Fed. Reg. 50713 (August 16, 2011).

DOT – grants to small shipyards

The Department of Transportation (DOT) issued a news release stating that the Maritime Administration (MARAD) has awarded grants totaling $9.98 million to thirteen small shipyards to modernize facilities, increase production, and help make the yards more competitive. (8/15/11).

Ireland – fisheries enforcement in UK waters

The Irish Sea-Fisheries Protection Authority (SFPA) issued a news release stating that an Irish fishing vessel was inspected at sea, detained, and brought into port by the Irish Navy for possible license and registration infringements. Among other things, the vessel was suspected of illegally fishing in UK waters. In one of the more unique aspects of the incident, permission was sought and obtained from the UK government to enable the Irish Navy vessel to enter UK waters and undertake enforcement action. (8/8/11).

Gulf of Aden – suspected pirates intercepted

The Royal New Zealand Navy reported that the USS Anzio, a component of Combined Task Force (CTF) 151, currently under command of Captain James Gilmour, RNZN, intercepted a suspected pirate skiff in the Gulf of Aden. The occupants of the skiff threw material (suspected pirate paraphernalia) overboard as the Anzio approached. (8/13/11).

Somalia – pirates release hijacked vessel

The Indian Ministry of Shipping issued a press release stating that the M/V Sinin has been released by Somali pirates, The vessel was hijacked on February 12 when she as 315 nautical miles off Masirah, Oman, with a crew of 21, including nine Indian nationals. All are reported safe. (8/15/11).

UK – modernizing Customs and Excise Law

HM Revenue and Customs issued a notice stating that it is seeking proposals for updating the provisions of the Customs and Excise Management Act 1979 (CEMA) and other customs and excise legislation with a view to simplifying the legislation, closing tax gaps, removing burdens on business, and strengthening the UK’s borders. Proposals should be submitted by 7 November. (8/15/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–15 August 2011

noreply@blogger.com (Dennis Bryant) — Mon, 15 Aug 2011 10:51:00 +0000

Headlines:

USCG – NPREP exercise;

Senate – hearing on USCG operations in Alaska;

India – response to oil spill from sunken vessel;

Ireland – guidance re 2010 STCW amendments;

UK – report on heavy contact incident; and

Opening of the Panama Canal – August 15, 1914.

August 15, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – NPREP exercise

The US Coast Guard issued a news release stating that a National Preparedness Response Exercise Program (NPREP) oil spill response exercise will be conducted in the vicinity of Ventura County on September 14 and 15. (8/12/11).

Senate – hearing on USCG operations in Alaska

The Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard of the Senate Committee on Commerce, Science, and Transportation conducted a hearing in Anchorage entitled “Keeping the Coast Guard ‘Always Ready’ in Alaska. Admiral Robert J. Papp, Jr., Commandant, US Coast Guard, testified concerning the service’s operational presence in the Arctic. Changes in Arctic waters, such as the reduction in the ice pack and an expected increase in oil and gas exploration, will require enhancement of the Coast Guard assets and capabilities in that area. (8/12/11).

India – response to oil spill from sunken vessel

The Indian Ministry of Shipping issued a press release providing updated information regarding the response to the oil spill from the sunken M/V Rak Carrier off the Mumbai coast. Dispersants are being used to break up the floating oil. Divers will attempt to remove remaining oil from the wreck when weather permits. The crew welfare and logistics are being looked after. (8/12/11). Note: Press reports indicate that the master, chief engineer, and owner are facing criminal prosecution.

Ireland – guidance re 2010 STCW Amendments

The Irish Department of Transport, Tourism and Sport issued a notice providing guidance on implementation of the 2010 Manila Amendments to the International Convention on Standards of Training, Certification and Watchstanding for Seafarers (STCW Convention). The 2010 Amendments are to enter into force on 1 January 2012 and will be fully effective on 1 January 2017. Marine Notice 42-2011 (8/10/11).

UK – report on heavy contact incident

The UK Marine Accident Investigation Branch (MAIB) issued the report of its investigation into the heavy contact between a platform supply vessel and a support vessel in Aberdeen Harbour on 29 May 2010. The primary cause of the incident was poor coordination of the bridge team. Report 15/2011 (8/12/11).

Opening of the Panama Canal – August 15, 1914

The Panama Canal opened to traffic on August 15, 1914 with passage of the SS Ancon (pictured). First conceived in the 1600s, actual construction work was first begun by a French company in 1880. That attempt was defeated primarily by malaria and yellow fever. Work began on the present-day Panama Canal in 1904, success due in large part to wide-scale eradication of the mosquito discovered to carry yellow fever.

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–12 August 2011

noreply@blogger.com (Dennis Bryant) — Fri, 12 Aug 2011 10:37:00 +0000

Headlines:

DOT – funding availability for national infrastructure investments;

USACE – feasibility of deepening Charleston Harbor;

FMC – meeting;

USGS – acidification research in Arctic Ocean;

Alaska – ETS test successful;

EU NAVFOR – ISO pirate cultural advisor;

India – anti-piracy measures; and

UK – inquiry into Dover Harbour dues.

August 12, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

DOT – funding availability for national infrastructure investments

The Department of Transportation (DOT) issued a notice announcing the availability of funding for National Infrastructure Investments or TIGER Discretionary Grants. Pre-applications by be received by October 3 and final applications must be received by October 31. 76 Fed. Reg. 50289 (August 12, 2011).

USACE – feasibility of deepening Charleston Harbor

The US Army Corps of Engineers issued a notice stating that it intends to prepare a Draft Environmental Impact Statement (DEIS) for the Charleston Harbor Deepening Study. 76 Fed. Reg. 50187 (August 12, 2011).

FMC – meeting

The Federal Maritime Commission (FMC) issued a notice stating that it will meet in Washington, DC on August 17. In the open session, it will discuss the proposed rule on passenger vessel financial responsibility requirements. In the closed session, it will consider possible special reporting requirements for the Transpacific Stabilization Agreement and the Westbound Transpacific Stabilization Agreement; the PierPass Traffic Mitigation Fee; index-based service contract filings and regulatory issues; and the reconstruction proceedings and Chapter 15 bankruptcy petition of The Containership Company. 76 Fed. Reg. 50216 (August 12, 2011).

USGS – acidification research in Arctic Ocean

The US Geological Survey issued a news release stating that, for the second straight year, it is embarking researchers on the USCG icebreaker Healy to gather data on acidification of the Arctic Ocean. The research is taking place during the 2011 US-Canada Extended Continental Shelf Survey. (8/10/11).

Alaska – ETS test successful

The US Coast Guard issued a news release stating that it, the Alaska National Guard, and Foss Maritime successfully tested the Emergency Towing System (ETS) in the Chukchi Sea off the Red Dog Mine Portsite. (8/11/11)

EU NAVFOR – ISO pirate cultural advisor

The EU NAVFOR issued a press release stating that it is in search of a pirate cultural advisor. The role of this individual would be to provide the Operation Commander (OpCdr) and OHQ staff with pirate cultural and religious advice and in particular to advise on pirate trends and weaknesses, including their perceived role in Somalia. Applications should be received by 24 August. (8/11/11).

India – anti-piracy measures

The Indian Ministry of Shipping issued a press release stating that, in response to the number of ships with Indian crews hijacked by Somali pirates, the Indian Government has initiated various preventive and mitigating security measures, including establishment of an Inter-Ministerial Group of Officers (IMGO) to deal with hostage situations involving Indian crew; issuance of a notice detailing elaborate anti-piracy measures; expanded naval escorts; and enhanced vigil in the Indian EEZ. (8/11/11).

UK – inquiry into Dover harbour dues

The UK Department for Transport (DfT) issued a notice stating that a public inquiry will be held into the 2010 and 2011 harbour dues set by the Dover Harbour Board. The dues were assessed with regard to ships, passengers, and goods. The inquiry will begin in Dover on n 13 September. (8/11/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–11 August 2011

noreply@blogger.com (Dennis Bryant) — Thu, 11 Aug 2011 10:12:00 +0000

Headlines:

USCG – inspection of towing vessels;

Columbia River – safety zone extended;

DOT – Digital Transportation Exchange;

IRS – countries requiring boycott cooperation;

USCG – Contingency Exercise Manual;

FMC – meeting;

MARAD – Women on the Water Conference;

Miami – enforcement of manatee and no-wake zones;

Senate – bill introduced re delegation of ship inspection services;

Court – defense costs erode policy limits;

India – coastal surveillance increased;

UK – Red Tape Challenge; and

M/V Windoc-Allanburg Bridge collision – August 11, 2011.

August 11, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – inspection of towing vessels

The US Coast Guard issued a Notice of Proposed Rulemaking (NPRM) regarding inspection of towing vessels. The proposal, if adopted, would establish safety regulations governing the inspection, standards, and safety management systems for towing vessels. The proposal includes provisions covering: specific electrical and machinery requirements for new and existing towing vessels, the use and approval of third party auditors and surveyors, and procedures for obtaining Certificates of Inspections. The Coast Guard also seeks additional data, information, and public comment on potential requirements for hours of service or crew endurance management for mariners on board towing vessels. The agency estimates that, over the ten year period of its analysis, the annualized costs of this rulemaking to the towing industry will range from $14 to $18 million. Comments on this proposal should be submitted by December 9. 76 Fed. Reg. 49975 (August 11, 2011). Note: For many towing companies and their personnel, this rulemaking will have a major impact on how they do business. For some companies, this will merely formalize what they have been doing for years. The rulemaking will, in many areas, level the playing field between competitors.

Columbia River – safety zone extended

The US Coast Guard has extended, through August 31, the safety zone on the Columbia River in the waters surrounding the salvage operation for the M/V Davy Crockett. 76 Fed. Reg. 49664 (August 11, 2011).

DOT – Digital Transportation Exchange

The Department of Transportation (DOT) issued a notice stating that it is evaluating the feasibility and value of a new cloud-based platform to connect citizens, businesses, state and local governments, industry, entrepreneurs, researchers, and investors to create a marketplace for digital transportation solutions. The Department will host a public meeting in Washington, DC on September 16 to discuss the concept. Written comments should be submitted by September 23. 76 Fed. Reg. 49832 (August 11, 2011).

IRS – countries requiring boycott cooperation

The Internal Revenue Service (IRS) issued a notice providing the current list of countries requiring cooperation with an international boycott. These listed nations are: Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria, the United Arab Emirates, and Yemen. 76 Fed. Reg. 49836 (August 11, 2011).

USCG – Contingency Exercise Manual

The US Coast Guard issued ALCOAST 376/11 announcing that a revision to Volume III of the Coast Guard Contingency Exercise Manual (COMDTINST M3010.13 (series)) has been promulgated. The revised manual provides policy and guidance for the USCG contingency exercise program and for planning, conducting, and evaluating exercises. The revision reflects changes in USCG and Department of Homeland Security (DHS) requirements and legislative mandates since 1994. (8/8/11).

FMC – meeting

The Federal Maritime Commission (FMC) issued a news release stating that it will meet in Washington, DC on August 17. In the open session, it will discuss the proposed rule on passenger vessel financial responsibility requirements. In the closed session, it will consider possible special reporting requirements for the Transpacific Stabilization Agreement and the Westbound Transpacific Stabilization Agreement; the PierPass Traffic Mitigation Fee; index-based service contract filings and regulatory issues; and the reconstruction proceedings and Chapter 15 bankruptcy petition of The Containership Company. (8/10/11).

MARAD – Women on the Water Conference

The Maritime Administration (MARAD) issued a news release stating that the fifth annual Women on the Water Conference will be held at the Massachusetts Maritime Academy in Buzzards Bay on October 27-29. (8/10/11).

Miami – enforcement of manatee and no-wake zones

The US Coast Guard issued a news release stating that it and state and local law enforcement agencies will substantially increase law enforcement operations in manatee and no-wake zones throughout the Miami area. (8/10/11).

Senate – bill introduced re delegation of ship inspection services

Senator Collins (R-ME) introduced the Ethical Shipping Inspections Act of 2011 (S. 1496) to amend title 46, United States Code, to prohibit the delegation by the United States of inspection, certification, and related services to a foreign classification society that provides comparable services to Iran, North Korea, North Sudan, or Syria, and for other purposes. (8/2/11). Note: This bill does not address traditional classification surveys, but is limited to the delegation by the US Coast Guard of authority of certain classification societies to perform inspections on behalf of the Coast Guard and to issue statutory certificates, such as Load Line Certificates. Currently, five foreign classification societies (BV, DNV, GL, LR, and RINA) have been delegated such authority to act on behalf of the US Coast Guard in various circumstances.

Court – defense costs erode policy limits

The US Court of Appeals for the Fifth Circuit ruled that, as regards a maritime liability insurance policy, the policy limits include defense costs. The instant case involves the July 23, 2008 collision in the Mississippi River between the motor vessel Tintomara and the tank barge DM-932, in the tow of the Mel Oliver. The liability insurer deposited monies equal to the policy limit into the registry of the court and declined to defend the actions against the insured. The insured sought a court order requiring the insurer to defend the actions. The district court denied the motion and the insured appealed. The appellate court affirmed, holding that the insurance policy and traditional principles of maritime law provide that defense costs erode protection and indemnity limits of liability. Gabarick v. Laurin Maritime, No. 09-30549 (5th Cir., August 10, 2011). Note: The appellate court cited as maritime insurance commentators supporting its position two of my good friends: Charles M. Davis and Stephen V. Rible.

India – coastal surveillance increased

The Indian Ministry of Defence issued a press release stating that coastal surveillance and patrolling have been increased off the Gujarat Coast following the apprehension in June of 38 persons, most of Somali origin. (8/8/11).

UK – Red Tape Challenge

The UK Department for Transport (DfT) issued a press release stating that it is seeking comments on which of its regulations are working and which are not. Based, at least in part, on that feedback, DfT will start getting rid of unnecessary red tape. Comments should be submitted by 14 September. (8/10/11).

M/V Windoc-Allanburg Bridge collision – 11 August 2001

On 11 August 2001, the motor vessel Windoc and the Allanburg Bridge suffered a collision. Ship-bridge collisions are rare, because a true collision requires that both objects be in motion at the time of impact. The Allanburg Bridge (also referred to as Bridge 11) is a lift bridge over the Welland Canal at Allanburg, Ontario. The Windoc was downbound and passing under the lift span when the span unexpectedly lowered. The vessel’s wheelhouse and funnel were destroyed. The vessel drifted downstream, caught fire, and grounded approximately 800 meters from the bridge. The vessel was eventually declared a constructive total loss. The bridge sustained structural damage and the Welland Canal was closed to vessel traffic for two days. Amazingly, there were no injuries, the master, third mate, and helmsman escaping down a ladder just before impact. The St. Lawrence Seaway Management Corporation (operator of the bridge) initially denied responsibility, but later paid damages after the Transportation Safety Board (TSB) of Canada issued a report (M01C0054) finding that the performance of the individual operating the bridge at the time was “likely impaired” when he lowered the span prematurely. A short, but interesting, video of the collision and its immediate aftermath is also available. Note: I was reminded of this incident by my friend Donald Pinkerton of Fednav International Ltd.

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–10 August 2011

noreply@blogger.com (Dennis Bryant) — Wed, 10 Aug 2011 11:03:00 +0000

Headlines:

USCG – barge may be constructed of foreign steel;

USCG – Liberia included in Qualship 21 program;

FEMA – submission of financial data;

Court – triggering excess insurance liability;

India – oil spill response;

Liberia, Marshall Islands & Panama – declaration against piracy; and

UK – crew of Viking long boat rescued.

August 10, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – barge may be constructed of foreign steel

The US Coast Guard National Vessel Documentation Center (NVDC) issued a Determination Letter stating that a flat deck, self-unloading container barge to be constructed in a US shipyard would be eligible for employment in the coastwise trade even though steel plate and steel bulb flats would be procured from a foreign source. These steel pieces would be imported in standard sizes and any manufacturing or fabrication would be done in the United States. A limited number of foreign-fabricated items of the hull or superstructure, amounting to less than 1.5% of the barge’s steelweight, could be utilized in construction of the barge. (8/1/11).

USCG – Liberia included in Qualship 21 program

The US Coast Guard issued a letter stating that Liberia has been included in the Quality Shipping for the 21st Century (Qualship 21) program based on the low (0.73%) detention rate of Liberian vessels calling in US ports over the past three calendar years. (5/19/11).

FEMA – submission of financial data

The Federal Emergency Management Agency (FEMA) issued an Information Bulletin advising that its Grant Programs Directorate will be reviewing all financial data required on the Standard Form (SF) 425. The completed SF 425 must be submitted on a quarterly basis. Failure to submit the SF 425 by its submission date could result in the temporary withholding of cash payments. (8/2/11).

Court – triggering excess insurance liability

The US Court of Appeals for the Fifth Circuit ruled that excess insurance coverage is only triggered after the primary insurance limit has been exhausted. While the instant case was in active litigation in 2009, the intervening excess insurance deposited with the court the amount of excess coverage when it filed a motion to intervene in litigation involving the July 23, 2008 collision in the Mississippi River between the motor vessel Tintomara and the tank barge DM-932, in the tow of the Mel Oliver. A claimant in the case moved for an award of prejudgment interest against the excess insurer, which the district court granted. The excess insurer appealed. The appellate court reversed, holding that, because the primary insurance policy had not been exhausted as of the time the interpleader was filed, the excess insurer neither unreasonably delayed nor was unjustly enriched by not filing the interpleader earlier. Thus, there was no basis on which to award prejudgment interest. Gabarick v. Laurin Maritime, No. 10-30886 (5th Cir., August 9, 2011).

India – oil spill response

The Indian Ministry of Defence issued a press release stating that the Indian Coast Guard is responding to the oil spill from a sunken vessel off the west coast of India near Mumbai. A more-detailed press release was issued by the Ministry of Shipping. (8/8/11).

Liberia, Marshall Islands & Panama – declaration against piracy

The Republic of Liberia, the Republic of the Marshall Islands, and the Republic of Panama issued a Declaration condemning acts of violence against seafarers and affirming their commitment to supply information provide to them by vessel owners, operators, or seafarers following acts or attempted acts of piracy or armed robbery to the International Maritime Bureau, in accordance with each flag State’s internal procedures. (8/3/11).

UK – crew of Viking long boat rescued

The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that the seven-member crew of the Norwegian vessel Dragens Vinge (Dragon’s Wing) has been rescued after they activated their Emergency Position Indicating Radio Beacon (EPIRB). The vessel, a reproduction of a tenth century Viking long boat, was on a voyage from Norway to the Shetland Islands when it encountered heavy weather. (8/8/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–9 August 2011

noreply@blogger.com (Dennis Bryant) — Tue, 09 Aug 2011 10:31:00 +0000

Headlines:

USCG – proposed regulatory changes for STCW 2010;

USCG – mariner credentialing customer survey;

Chicago – security zone amendments proposed;

Alaska – towing exercise in Kotzebue Sound;

Beaufort Sea – conditional approval for drilling of wells;

Gulf Coast IMT – severe weather plan;

House – bill introduced re assessment of seabed minerals;

Court – no duty to indemnify in absence of agreement;

India – Ports Regulatory Authority Bill drafted; and

Strait of Singapore – LPG tanker robbed.

August 9, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – proposed regulatory changes for STCW 2010

The US Coast Guard placed in the official docket for its rulemaking project to implement the 2010 amendments to the STCW Convention a document entitled Redline for STCW 2010. This 421-page document shows the various changes the Coast Guard proposes to make to Title 46 of the Code of Federal Regulations. (8/1/11). Note: This item was brought to my attention by my good friend Richard Wells of the Offshore Marine Service Association.

USCG – mariner credentialing customer survey

The US Coast Guard’s National Maritime Center (NMC) is conducting a Mariner Credentialing Program Customer Satisfaction Survey. The 12-question survey will provide US mariners with an anonymous method to provide feedback on the NMC’s credentialing process and the customer’s experience. (8/8/11).

Chicago – security zone amendments proposed

The US Coast Guard proposes to amend the regulations regarding to security zones on navigable waters in the vicinity of Chicago. It proposes to reduce the size on one security zone, disestablish another, and create three new security zones. Comments on this proposal should be submitted by September 8. 76 Fed. Reg. 48751 (August 9, 2011).

Alaska – towing exercise in Kotzebue Sound

The US Coast Guard issued a news release stating that it, the Alaska National Guard, and Foss Maritime Company will conduct a towing exercise in Kotzebue Sound. The exercise is intended to test the delivery and use of the emergency towing system (ETS) in Arctic conditions and familiarize crews with the ETS and its operation. (8/8/11).

Beaufort Sea – conditional approval for drilling of wells

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a press release stating that it issued conditional approval for a revised Exploration Plan (EP) submitted by Shell Offshore, Inc., for the drilling of up to four shallow water exploration wells in the Beaufort Sea beginning in July 2012. (8/4/11).

Gulf Coast IMT – severe weather plan

The Gulf Coast Incident Management Team (GC-IMT) issued a press release stating that it developed the 2011 Severe Weather Plan (SWP) to outline the GC-IMT’s supporting role to FEMA and the State Emergency Operation Centers (EOCs) if called upon to respond to post-hurricane oily debris removal from Gulf Coast areas still affected by the Macondo-252 spill. (8/2/11).

House – bill introduced re assessment of seabed minerals

Delegate Faleomavaega (D-AS) introduced a bill (H.R. 2803) to direct the Secretary of the Interior, acting through the Bureau of Ocean Energy Management, Regulation and Enforcement, to conduct a technological capability assessment, survey, and economic feasibility study regarding recovery of minerals, other than oil and natural gas, from the shallow and deep seabed of the United States. (8/5/11).

Court – no duty to indemnify in absence of agreement

In an unpublished decision, the US Court of Appeals for the Fifth Circuit ruled that, in the absence of a contract so providing, a company that chartered a vessel has no duty to indemnify the owner of the vessel for damages incurred when a subcontractor’s employee suffered injury. Channette v. Neches Gulf Marine, No. 10-31044 (5th Cir., August 8, 2011).

India – Ports Regulatory Authority Bill drafted

The Indian Ministry of Shipping issued a press release stating that a draft Bill titled “Ports Regulatory Authority Bill, 2011” has been formulated. When enacted, this bill will provide for the establishment of Regulatory Authorities to regulate rates for the facilities and services provided at the ports and to monitor the performance standards of port facilities and services and for matters connected therewith or incidental thereto. (8/8/11).

Strait of Singapore – LPG tanker robbed

The ReCAAP Information Sharing Centre issued an Incident Alert stating that at about 0200 hours local on 8 August, an LPG tanker was anchored approximately seven nm southeast of The Brothers beacon in the Strait of Singapore. It was boarded from an unlit speedboat by four robbers armed with long knives. They held the oiler and third engineer hostage while stealing space parts from the engine room. After ten minutes, the robbers released their hostages and fled. (8/8/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–8 August 2011

noreply@blogger.com (Dennis Bryant) — Mon, 08 Aug 2011 10:55:00 +0000

Headlines:

USCG – approval of classification societies;

USCG – Waters of Montauk Channel and Block Island Sound;

Willamette River – RNA proposed;

House – bill introduced re pollutant discharge permits;

House – bill introduced re assessment of seabed minerals;

EC – SUMO software package;

Maldives & Seychelles – Protocol on Cooperation to Combat Piracy;

Panama Canal – July operations summary;

Panama Canal – maintenance work;

UK – tanker and yacht collide; and

Senate – unanimous consent.

August 8, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – approval of classification societies

The US Coast Guard is reopening, through September 6, the period within which to submit comments on its proposed rule regarding approval of classification societies. 76 Fed. Reg. 47531 (August 5, 2011).

USCG – Waters of Montauk Channel and Block Island Sound

The US Coast Guard is seeking comments on its preliminary study recommendations of a Port Access Route Study (PARS) evaluating the continued applicability of and need for modifications to the current vessel routing measures in the Waters of Montauk Channel and Block Island Sound. Comments should be submitted by October 4. 76 Fed. Reg. 47529 (August 5, 2011).

Willamette River – RNA proposed

The US Coast Guard proposes to establish a regulated navigation area (RNA) on portions of the Willamette River in Portland, Oregon. The purpose of the RNA is to protect an underwater hazardous waste site from disturbance. Comments on the proposal should be submitted by November 7. 76 Fed. Reg. 48070 (August 5, 2011).

House – bill introduced re pollutant discharge permits

Representative Gary G. Miller (R-CA) introduced the Sunshine on Conflicts Act of 2011 (H.R. 2765) to amend the Federal Water Pollution Control Act to clarify the requirement that permit applications for the discharge of pollutants be approved by disinterested board members, and for other purposes. (8/1/11).

House – bill introduced re assessment of seabed minerals

EC – SUMO software package

The European Commission Joint Research Centre (EC JRC) issued a press release stating that it has developed the software package SUMO (Search for Unidentified Marine Objects). It is a tool for the automatic detection and identification of ships based on satellite images. SUMO may be of use in identifying ships at sea associated with pollution incidents. (8/5/11).

Maldives & Seychelles – Protocol on Cooperation to Combat Piracy

The Government of the Maldives issued a press release stating that President Mohamed Nasheed and President of Seychelles James Michel signed a Protocol on Cooperation to Combat Piracy and other Maritime Security Threats. (8/5/11). Note: This item was brought to my attention by my good friend John Bennett of Maritime Protective Services.

Panama Canal – July operations summary

The Panama Canal Authority issued an advisory summarizing canal operations for the month of July. It also includes the schedule of locks maintenance work for the remainder of the calendar year. Advisory 14-2011 (8/5/11).

Panama Canal – maintenance work

The Panama Canal Authority issued an advisory stating that the east lane at Gatun Locks will be out of service for maintenance from 2000 hours, August 10 to 2200 hours, August 11 and from 2000 hours, August 17 to 2200 hours, August 18. The west lane at Pedro Miguel Locks will be unable due to dredging in the vicinity from 0001 hours, August 11 through 0001 hours, August 14. As a result, Transit Reservation System (TRS) Condition 2 will be in effect from August 11 through August 13 and on August 18. Advisory 15-2011 (8/5/11).

UK – tanker and yacht collide

The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that a tanker and a yacht collided of the Isle of Wight. Two people from the yacht were thrown into the water and the yacht lost its mast and rigging. The two people thrown into the water have been rescued. (8/6/11). Note: Unofficial reports indicate that the yacht was engaged in a race, but was the give-way vessel in this situation.

Senate – unanimous consent

The United States Senate demonstrated that it can be highly efficient, when deemed necessary. As the Washington Post said of events that occurred at 10:00 a.m. on Friday, August 5: “Employing the so-called “unanimous consent” procedure which took less than 30 seconds, two senators were present to approve a House-passed bill extending FAA’s operating authority through mid-September. Democratic Sen. James Webb of Virginia stood up, called up the bill and asked that it be passed. Sen. Ben Cardin, D-Md., the presiding officer, agreed and it was done.” This 59-second process took place while the other 98 Senators were back home or otherwise out of Washington, DC. One member of the House of Representatives, on the other side of the Capitol Building, was conducting pro forma business. The obvious question raised by this turn of events is whether the Legislative Branch is significantly larger than necessary. With fewer members, there would be fewer debates. A reduction in size of Congress and its staff would also reduce the federal deficit. A win-win situation.

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–4 August 2011

noreply@blogger.com (Dennis Bryant) — Thu, 04 Aug 2011 11:22:00 +0000

Headlines:

Great Lakes – proposed 2012 pilotage rates;

DWH Joint Investigation – completing its report;

BOEMRE – study of coastal archaeological sites;

Senate – bill introduced re delegation of ship inspection services;

Ireland – survey of wreck of RMS Lusitania;

UK – erroneous wiring of DP system;

UK – procedure for sale of trust ports;

UK – vessel grounding; and

Coast Guard Day.

August 4, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Great Lakes – proposed 2012 pilotage rates

The US Coast Guard proposes adjustments to the rates for pilotage services on the Great Lakes for the 2012 navigation season. The proposed adjustments result in an average DECREASE of approximately 4% from the current rates. Comments on the proposal should be submitted by October 3. 76 Fed. Reg. 47095 (August 4, 2011).

DWH Joint Investigation – completing its report

The Deepwater Horizon Joint Investigation Team posted the following statement on its website: “The Bureau of Ocean Energy Management, Regulation and Enforcement/U.S. Coast Guard Joint Investigation Team is working diligently to complete its report of the investigation into the Deepwater Horizon explosion and oil spill. To ensure that all evidence is properly weighed and considered, the JIT is taking additional time to finalize the report. The team is in the final stages of completing its report and expects to release it in the near future.” (8/3/11).

BOEMRE – study of coastal archaeological sites

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a press release stating that it is beginning a two-year comprehensive study of coastal and marine archaeological sites along the Pacific Coast of the United States. Findings from the study will be used in future environmental analyses and may trigger specific steps to mitigate potential environmental impacts associated with future construction and deployment of offshore renewable energy facilities. (8/3/11).

Senate – bill introduced re delegation of ship inspection services

Senator Collins (R-ME) introduced a bill (S. 1496) to amend title 46, United States Code, to prohibit the delegation by the United States of inspection, certification, and related services to a foreign classification society that provides comparable services to Iran, North Korea, North Sudan, or Syria, and for other purposes. Official text of the bill is not yet available. (8/2/11). Note: This bill does not address traditional classification surveys, but is limited to the delegation by the US Coast Guard of authority of certain classification societies to perform inspections on behalf of the Coast Guard and to issue statutory certificates, such as Load Line Certificates. Currently, five foreign classification societies (BV, DNV, GL, LR, and RINA) have been delegated such authority to act on behalf of the US Coast Guard in various circumstances.

Ireland – survey of wreck of RMS Lusitania

The Irish Department of Transport, Tourism, and Sport issued a notice stating that dive survey work will be performed during the period 2-10 August over the wreck site of the RMS Lusitania off the south coast of Ireland. The wreck is an underwater heritage site. Other vessels are cautioned to give the Irish Light Vessel Granuaile a wide berth during this period. Marine Notice 40-2011 (7/28/11).

UK – erroneous wiring of DP system

The UK Marine Accident Investigation Branch (MAIB) issued an Accident Report regarding its investigation of the 26 February 2011 incident in Aberdeen Harbour. A platform supply vessel (PSV) was undertaking functional trails of a newly installed dynamic positioning (DP) system while alongside. Full ahead pitch was inadvertently applied to the port and starboard controllable pitch propellers (CPPs), causing the vessel to move along the quay and make contact with two other vessels. Investigation revealed that an incorrect pitch command signal was generated by the DP system signal modules due to an error in the wiring. The error was not identified during factory tests or during pre-trial checks. (8/3/11).

UK – procedure for sale of trust ports

The UK Department for Transport posted a Statement that sets out the revised policy for consideration of an application for sale of a major trust port in England or Wales. The Department also posted a Guidance Note concerning the procedure for the sale of trust ports, which includes guidance on liaising with the Department, a scheme of transfer, publicizing of sale, and access to information and arrangements for inviting and considering bids. (8/3/11).

UK – vessel grounding

The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that one of its units noted on its Automatic Identification System (AIS) that a vessel was not using the traffic separation scheme (TSS) correctly. Attempts to contact the vessel were unsuccessful. The vessel ran aground. Two lifeboats and a helicopter were launched. After two hours, the vessel’s master called the Coastguard unit to report that he had managed to refloat the vessel on a rising tide. No injuries, damage, or pollution were reported. The vessel resumed its passage to Rotterdam. (8/3/11). Note: This is a curious notice, as much for what it does not say as for what it does.

Coast Guard Day

Today, August 4, is the 221st anniversary of the enactment of legislation establishing the Revenue Cutter Service (RCS), the forerunner of today’s US Coast Guard. While nominally intended to enforce the collection of revenue from imported cargoes, the service was engaged in multiple missions from the beginning. Over time, other agencies and functions were merged into it. In 1915, with the merger of the RCS and the Life-Saving Service, the name of the agency was changed to the United States Coast Guard. An illustrious history, and proud present, and an exciting future!

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–3 August 2011

noreply@blogger.com (Dennis Bryant) — Wed, 03 Aug 2011 09:50:00 +0000

Headlines:

DHS – Ammonium Nitrate Security Program;

Jamaica Bay, NY – No Discharge Zone proposed;

DOD – Arctic Operations and the Northwest Passage;

CGSIC – meeting;

St. Lawrence Seaway – freighter grounds temporarily;

Senate – bill introduced to authorize DOT maritime programs;

Senate – bill introduced to provide transportation infrastructure funding;

House – bill introduced re pollutant discharge permits;

Australia – fatal fall from hatch coaming;

Canada, Denmark & the US – Operation Nanook;

Hong Kong – Qualship 21 status; and

Singapore – tax exemption for financing of Singapore-flag ships.

August 3, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

DHS – Ammonium Nitrate Security Program

The Department of Homeland Security (DHS) issued a proposed rule to regulate the sale and transfer of ammonium nitrate for the purpose of preventing its use in an act of terrorism. Comments on the proposal should be submitted by December 1. 76 Fed. Reg. 46907 (August 3, 2011). The initiative is also discussed in a DHS news release. Note: This is a lengthy and complex rulemaking. It is unclear what impact this will have on the maritime industry. The rulemaking focuses on sale and purchase of ammonium nitrate, but also covers transfers of possession. Those involved in the transport of ammonium nitrate in bulk (carriers and facilities) should monitor this rulemaking carefully and participate as appropriate so as to avoid inadvertent or unexpected regulation.

Jamaica Bay, NY – No Discharge Zone proposed

The Environmental Protection Agency (EPA) issued a notice stating that it received a petition from the State of New York seeking determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for waters of Jamaica Bay. Comments on the petition should be submitted by September 2. 76 Fed. Reg. 46804 (August 3, 2011).

DOD – Arctic Operations and the Northwest Passage

In May, the Department of Defense submitted to Congress a report entitled: Arctic Operations and the Northwest Passage. Among other things, the report discusses the importance of a visible US sovereign maritime presence throughout the Arctic region. This need could potentially be met by icebreakers or ice-strengthened surface vessels, none of which is in the US Navy current surface combatant inventory, but which do exist in the US Coast Guard’s inventory in limited numbers. (May 2011). Note: I stumbled across this interesting document while looking for something quite different – serendipity.

CGSIC – meeting

The USCG Navigation Center issued a notice stating that online registration is now open for the 51st meeting of the Civil GPS Service Interface Committee (USSLS/CGSIC) to be held on September 19-20 in Portland, Oregon. (8/2/11).

St. Lawrence Seaway – freighter grounds temporarily

The US Coast Guard issued a news release stating that it, the St. Lawrence Seaway Development Corporation, and other parties responded to the grounding of a freighter in the Saint Lawrence Seaway near Massena. There were no reports of injury or pollution. The freighter has since been refloated. The incident is under investigation. (8/2/11).

Senate – bill introduced to authorize DOT maritime programs

Senator Lautenberg (D-NJ) introduced the Maritime Administration Authorization Act for Fiscal Year 2012 (S. 1430) to authorize certain maritime programs of the Department of Transportation, and for other purposes. (7/27/11).

Senate – bill introduced to provide transportation infrastructure funding

Senator Wyden (D-OR) introduced the Transportation and Regional Infrastructure Project Bonds Act of 2010 or TRIP Bonds Act (S. 1436) to provide $50,000,000,000 in new transportation infrastructure funding through bonding to empower States and local governments to complete significant infrastructure projects across all modes of transportation, including roads, bridges, rail and transit systems, ports, and inland waterways, and for other purposes. (7/28/11).

House – bill introduced re pollutant discharge permits

Representative Gary G. Miller (R-CA) introduced a bill (H.R. 2765) to amend the Federal Water Pollution Control Act to clarify the requirement that permit applications for the discharge of pollutants be approved by disinterested board members, and for other purposes. Official text of the bill has not yet been posted. (8/1/11).

Australia – fatal fall from hatch coaming

The Australian Transport Safety Bureau (ATSB) issued the report of its investigation of a crew member fatality following a fall on board a bulk carrier at sea on 2 February 2011. Investigation revealed that the bosun fell into a cargo hold when he lost his balance while standing on the hatch coaming. He was attempting to free a cargo runner that had jammed in the head of a davit the crew was using to lift iron ore residue from the hold. The davit had been in use for several years and jammed not infrequently. Normally, the davit would be swung back over the deck before clearing the jam. It is not known why the bosun elected to climb onto the hatch coaming on this occasion. No formal safety assessment regarding use of the davit on this ship had been done. MO-2011-002 (8/2/11).

Canada, Denmark & the US – Operation Nanook

The US Coast Guard issued a news release stating that the sea-going buoy tender Willow is deploying to the Arctic for the period of August 4-15 to conduct maritime safety and security exchanges with the Canadian Navy, the Canadian Coast Guard, and the Royal Danish Navy. Operation Nanook will take place in the vicinity of Cornwallis Island, Baffin Island, Lancaster Sound, and Barrow Strait. (8/1/11).

Hong Kong – Qualship 21 status

The Hong Kong marine Department issued a press release stating that the US Coast Guard has awarded Qualship 21 status to the Hong Kong Ship Registry. (8/1/11).

Singapore – tax exemption for financing of Singapore-flag ships

The Singapore Maritime and Port Authority (MPA) issued a circular stating that, as part of the new Maritime Sector Incentive (MSI) scheme to further promote growth of the maritime sector, entities which obtain qualifying loans from foreign lenders for the purchase or construction of Singapore-flag ships are no longer required to apply on a case-by-case basis for exemptions from automatic withholding tax for interest payable on those loans. Shipping Circular 16-2011 (8/1/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–2 August 2011

noreply@blogger.com (Dennis Bryant) — Tue, 02 Aug 2011 10:44:00 +0000

Headlines:

USCG – meetings re STCW 2010;

COAC – meeting;

USCG – NMC performance report;

BOEMRE – worker safety in offshore renewable energy operations;

Lake Calumet – monitoring for Asian carp;

Outer Cape Cod – No Discharge Area finalized;

EMSA – newsletter;

Tokyo MOU – CIC questionnaire;

Canada – Arctic/Offshore Patrol Ship; and

UK – consultation on PSC regulations.

August 2, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – meetings re STCW 2010

The US Coast Guard issued a notice stating that it will host a series of meetings to receive comments on its proposal for implementation of the 2010 amendments to the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW Convention). The meetings will be held at Miami (August 22); New Orleans (August 24); Seattle (August 26); and Washington, DC (September 7). Written comments should be submitted by September 30. 76 Fed. Reg. 46217 (August 2, 2011).

COAC – meeting

The Advisory Committee on Commercial Operations of Customs and Border Protection (COAC), sponsored by the US Customs and Border Protection (CBP), will meet in Long Beach on August 18. Items on the agenda include an update on the Automated Commercial Environment (ACE). There will be a live webcast of the meeting. 76 Fed. Reg. 46312 (August 2, 2011).

USCG – NMC performance report

The USCG National Maritime Center (NMC) issued its Performance Report for July 2011. The report shows that the current inventory of merchant mariner credential applications has decreased for the fifth consecutive month and that throughput has increased for the sixth consecutive month. (8/1/11).

BOEMRE – worker safety in offshore renewable energy operations

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a press release stating that it initiated a study on regulating worker safety in connection with the development of offshore renewable energy on the outer continental shelf (OCS). The study will identify workplace risks involved in renewable energy operations, such as work performed in proximity to high-power electrical devices on offshore substations; use of elevators for wind turbines in highly corrosive environments; accessing turbine blades for repairs; crane and diving operations during construction; and use of carbon dioxide fire suppression systems in potentially manned areas. (8/1/11).

Lake Calumet – monitoring for Asian carp

The Asian Carp Regional Coordinating Committee (ACRCC) issued a news release stating that intensive monitoring action has begun on Lake Calumet and surrounding areas after three consecutive rounds of Environmental DNA (eDNA) sampling yielded positive results for Asian carp DNA. At present, eDNA evidence cannot verify whether live Asian carp are present, whether the DNA may have come from a dead fish, or whether water containing Asian carp DNA may have been transported from other sources, such as bilge water. (7/29/11).

Outer Cape Cod – No Discharge Area finalized

The Environmental Protection Agency (EPA) issued a news release stating that the Outer Cape Cod No Discharge Area has been finalized. (8/1/11).

EMSA – newsletter

The European Maritime Safety Agency (EMSA) posted the August 2011 edition of its newsletter. This edition includes article concerning ship recycling and fair treatment of seafarers. (8/1/11).

Tokyo MOU – CIC questionnaire

The Tokyo MOU posted a Questionnaire on its upcoming Concentrated Inspection Campaign (CIC) on structural safety and the International Convention on Load Lines. (8/1/11). Note: Masters may wish to use the questionnaire to check, prior to arrival in a Tokyo MOU port, for compliance with the listed standards.

Canada – Arctic/Offshore Patrol Ship

The Canadian Ministry of National Defence issued a notice stating that the Arctic/Offshore Patrol Ship (AOPS) Project has been established in order to deliver to the Government of Canada a naval ice-capable offshore patrol ship to assert and enforce sovereignty in Canada’s waters, including the Arctic. The vessel must be able to operate year-round in medium first-year ice and have an ice capability for its own mobility (but not to provide icebreaking services to others). The vessel would be armed and may be required to be able to embark and operate with an on-board organic helicopter. (7/28/11). Note: This item was brought to my attention by my good friend Louis J. le Gendre.

UK – consultation on PSC regulations

The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that it has begun a consultation on proposals to implement European Directive 2009/16/EC on port state control (PSC) through new UK regulations and procedures. Comments should be submitted by 9 September. (8/1/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–1 August 2011

noreply@blogger.com (Dennis Bryant) — Mon, 01 Aug 2011 10:29:00 +0000

Headlines:

USCG – implementation of STCW 2010;

NOAA – emergency restoration of seagrass impacts from DWH spill;

Elliott Bay – proposed RNA;

GLMRIS – high risk ANS;

USCG – Model Course CVSSA 11-01;

Hampton Roads – multi-agency cargo inspection operation;

EPA – Gulf Guardian Award;

MARAD – PMARS temporarily off line;

Senate – bill introduced to authorize DOT maritime programs;

Senate – bill introduced to provide transportation infrastructure funding;

Court – LHWCA and borrowed employees;

IMO – MARPOL amendments enter into force; and

Congress – 1983 revision of Title 46, U.S. Code.

August 1, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – implementation of STCW 2010

The US Coast Guard issued a supplemental notice of proposed rulemaking (SNPRM) regarding implementation of the 2010 amendments to the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW Convention) and the STCW Code. The SNPRM also proposes to make other non-STCW changes necessary to reorganize, clarify, and update these regulations. Public meetings are planned for Miami, New Orleans, Seattle, and Washington, DC. Dates will be announced separately. Written comments should be submitted by September 30. 76 Fed. Reg. 45907 (August 1, 2011). Note: This is a 175-page document. It may take some time to download and will certainly take some time to read.

NOAA – emergency restoration of seagrass impacts from DWH spill

The National Oceanic and Atmospheric Administration (NOAA) is seeking comments on its Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) relating to the emergency restoration of seagrass impacts from the Deepwater Horizon oil spill response. Comments should be submitted by August 16. 76 Fed. Reg. 45780 (August 1, 2011).

Elliott Bay – proposed RNA

The US Coast Guard proposes to establish a permanent regulated navigation area (RNA) on a portion of Elliott Bay in Seattle. The RNA would protect the seabed in portions of the bay that are subject to the Environmental Protection Agency (EPA) Pacific Sound Resources (PSR) and Lockheed Shipyard superfund cleanup remediation efforts. It would prevent activities that might disturb the seabed, such as anchoring, dragging, trawling, and spudding. Comments should be submitted by October 31. 76 Fed. Reg. 45738 (August 1, 2011).

GLMRIS – high risk ANS

The Great Lakes and Mississippi River Interbasin Study (GLMRIS) issued a notice cataloging 10 aquatic nuisance species (ANS) that present a high risk to the Great Lakes Basin and 30 ANS that present a high risk to the Mississippi River Basin. This compilation will aid the study team in focusing efforts toward identifying applicable prevention and control technologies for analysis. (7/27/11). Note: While Asian carp get all the attention, there are many other aquatic species that present threats to the two water basins.

USCG – Model Course CVSSA 11-01

The US Coast Guard has now released the July 2011 edition of the Model Course CVSSA 11-01, Crime Prevention, Detection, Evidence Preservation, and Reporting. (7/29/11). Note: It appears that the changes from the previous edition (dated 15 June 2011) are minor. In fact, the only change observed is the new date on the title page.

Hampton Roads – multi-agency cargo inspection operation

The US Coast Guard issued a news release stating that federal, state, and local agencies conducted a strike force operation on July 27 and 28 at Hampton Roads port facilities to promote awareness of and compliance with federal and state intermodal container, truck, air, rail, and hazardous material safety regulations. (7/29/11).

EPA – Gulf Guardian Award

The environmental Protection Agency (EPA) issued a news release stating that the Gulf of Mexico Program has awarded this year’s Gulf Guardian Award in the Binational Category to: the Port of Houston Authority, Maersk, Hamburg Sud, the EPA, and the Government of Mexico. The award recognizes their cooperative project to conduct the first fuel-switches in the Gulf of Mexico and to study the environmental benefits of switching to lower sulfur diesel on ocean-going vessels. (7/29/11).

MARAD – PMARS temporarily off line

The Maritime Administration (MARAD) reports that its Property Management and Asset Reporting System (PMARS) has been taken off line for security upgrades to the program software. Until such time as it is returned to service, requests for vessel information related to ship recycling announcements should be submitted to the Contracting Officer, Alfredia Rich-Murphy. She will distribute them for action and response. (7/29/11). Note: This item was brought to my attention by my friend Polly Parks of Southern Recycling-EMR USA.

Senate – bill introduced to authorize DOT maritime programs

Senator Lautenberg (D-NJ) introduced a bill (S. 1430) to authorize certain maritime programs of the Department of Transportation, and for other purposes. Official text of the bill is not yet available. (7/27/11).

Senate – bill introduced to provide transportation infrastructure funding

Senator Wyden (D-OR) introduced a bill (S. 1436) to provide $50,000,000,000 in new transportation infrastructure funding through bonding to empower States and local governments to complete significant infrastructure projects across all modes of transportation, including roads, bridges, rail and transit systems, ports, and inland waterways, and for other purposes. (7/28/11).

Court – LHWCA and borrowed employees

The US Court of Appeals for the Eleventh Circuit ruled that a longshoreman may not bring a personal injury action against a longshoring company when he was working as a borrowed employee for that company at the time of the injury. In the instant case, plaintiff was directly employed by labor service supplier. He was assigned to work for defendant longshoring company and was injured on the job. After being awarded benefits from the labor service supplier under the Longshore and Harbor Workers’ Compensation Act (LHWCA), he brought a personal injury action against the longshoring company. The district court granted defendant’s motion for summary judgment and plaintiff appealed. The appellate court affirmed, holding that the longshoring company had the right to control the manner and means by which the plaintiff accomplished his work at the time of the injury. Langfitt v. Federal Marine Terminals, No. 10-12088 (11th Cir., July 29, 2011).

IMO – MARPOL amendments enter into force

The IMO issued a news release reminding stakeholders that two amendments to the MARPOL Convention enter into force on 1 August 2011. A new regulation prohibits the carriage in the Antarctic area in bulk as cargo or as fuel of heavy-grade oils. Amendments to Annex VI formally establish a North American Emission Control Act (ECA) in which emissions of sulphur oxides (SOx), nitrogen oxides (NOx), and particulate matter from ships will be subject to more stringent controls than the limits that apply globally. Enforcement of the North American ECA will commence on 1 August 2012. It should also be noted that the IMO recently adopted amendments to establish the United States Caribbean Sea ECA in certain waters adjacent to Puerto Rico and the US Virgin Islands. That ECA is expected to enter into force on 1 January 2013, with enforcement to commence on 1 January 2014. (7/29/11).

Congress – 1983 revision of Title 46, U.S. Code

Through the courtesy of my good friend Richard Hiscock of Off Soundings (and the cooperation of CRS), a secured version of the Congressional Report on the 1983 bill (S. 46) that revised and codified a major portion of Title 46, U.S. Code, Shipping, is being posted on my website. Due to its size, this report comes in two parts. Part I, consisting of pages 1-100, is available at: H. Rep. 98-338a. Part II, consisting of pages 101-231, is available at: H. Rep. 98-338b. Much of the detailed discussion of individual sections of the legislation starts on page 113 (located in Part II). If you are interested in learning the origin of various provisions of the Shipping Code, search here.

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–29 July 2011

noreply@blogger.com (Dennis Bryant) — Fri, 29 Jul 2011 10:44:00 +0000

Headlines:

USCG – CVSSA training standards and curricula;

DOJ – shipping firms fined and banned from the US;

BOEMRE & USCG – offshore renewable energy installations;

Senate – bill introduced to authorize DOT maritime programs;

Court – contract clauses posted on internet are enforceable;

Court – claim denied for cost of in vitro fertilization;

EMSA – Annual Report 2010;

India – draft Indian Ports Bill 2011;

Somalia – pirates release hijacked tanker; and

The “Black Tom Island” Incident – July 30, 1916.

July 29, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – CVSSA training standards and curricula

The US Coast Guard published CG-543 Policy Letter 11-10, Cruise Vessel Security and Safety Standards and Curricula, as well as Model Course CVSSA 11-01, Crime Prevention, Detection, Evidence Preservation, and Reporting. The policy letter and its attachment provide guidance for compliance with the provisions of Cruise Vessel Security and Safety Act of 2010 (CVSSA) whereby at least one crewmember on board certain large passenger ships embarking or disembarking passengers in the United States must be trained in crime scene preservation. The requirement came into effect on July 27, 2011. Each covered vessel should indicate in its advance notice of arrival (ANOA) that it is in compliance with the CVSSA training requirement. The Model Course is intended to serve as specific guidance upon which education and training providers can immediately base instruction in prevention, detection, evidence preservation, and reporting of criminal activities in the international maritime environment. (7/28/11).

DOJ – shipping firms fined and banned from the US

The Department of Justice (DOJ) issued a news release stating that following guilty pleas from the ship owners and operators to violations of the Act to Prevent Pollution from Ships and the Ports and Waterways Safety Act and to obstruction of justice, the federal court sentenced them to pay a one million dollar penalty and to be banned from doing business in the United States for the next five years. Defendants admitted to bypassing the ship’s oily water separator and dumping oily waste directly overboard; to failing to report a leak between a fuel tank and a ballast water tank that allowed oil to contaminate the ballast water; to falsifying the ship’s oil record book; and to intentionally failing to report to the Coast Guard that the ship’s electric generators were inoperative. One of the defendants was a repeat offender and was on probation from an earlier similar offense when these crimes were committed. That probation was revoked when the defendant entered a guilty plea to these offenses. (7/28/11). Note: This item was brought to my attention by my good friend Ron Signorino of the Blueoceana Company.

BOEMRE & USCG – offshore renewable energy installations

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a news release stating that it and the US Coast Guard signed a memorandum of agreement (MOA) to identify and clarify their respective roles and responsibilities with respect to offshore renewable energy installations (OREIs) on the outer continental shelf (OCS). (7/27/11).

Senate – bill introduced to authorize DOT maritime programs

Court – contract clauses posted on website are enforceable

The US Court of Appeals for the Fifth Circuit ruled that a maritime contract is enforceable even though some of its terms are only found on the website of one of the parties, so long as the other party is clearly put on notice of the location of the posted clauses. In the instant case, a barge owner contracted with a ship repair facility for work to be performed on the barge. The written contract prepared by the barge owner included, in bold letters, the statement that it was issued in accordance with the purchase order terms and conditions found at the barge owner’s website – identified by its URL (Uniform Resource Locator). Among the terms and conditions included on the website was a provision requiring the contractor to defend and indemnify the barge owner from any claim brought against the barge owner arising out of any injury caused by any defect in the goods or services provided. The ship repair facility did not read the terms and conditions and did not obtain insurance naming the barge owner as an additional insured. A subcontractor’s employee was injured while working on the barge. The employee sued the ship repair facility and the barge owner. The ship repair facility contended, among other things, that the indemnification clause, found only on the internet site, failed to provide adequate notice. The court rejected this argument, holding that maritime contracts may validly incorporate terms from a website in the same manner that they may incorporate by reference terms from paper documents. One Beacon Insurance Co. v. Crowley Marine Services, No. 10-20417 (5th Cir., July 28, 2011). Welcome to the twenty-first century!

Court – claim denied for cost of in vitro fertilization

In an unpublished decision, the US Court of Appeals for the Fifth Circuit upheld denial of a claim for the cost of in vitro fertilization. Plaintiff longshoreman was injured while loading defendant’s vessel. During surgery required as a result of his injuries, he suffered nerve damage rendering him unable to produce sperm. He had previously deposited sperm in a sperm bank. He and his wife sued for, among other things, the cost for his wife to undergo in vitro fertilization procedures in an attempt to conceive a child. The district court had found that the defendant suffered from fertility problems and that his wife suffered from a condition that causes decreased fertility. The appellate court ruled that the district court did not clearly err by finding that it was highly speculative that the plaintiffs would conceive a child through in vitro fertilization in these circumstances. McCuller v. Nautical Ventures, No. 09-31084 (5th Cir., July 28, 2011).

EMSA – Annual Report 2010

The European Maritime Safety Agency (EMSA) released its Annual Report 2010. The report addresses, among other things, maritime surveillance; visits and inspections; technical cooperation; and pollution preparedness, detection, and response. (7/27/11).

India – draft Indian Ports Bill 2011

The Indian Ministry of Shipping issued a press release stating that, based on a thorough review of current law and future requirements, a new draft Indian Ports Bill 2011 has been prepared. Comments on the draft should be submitted by August 21. (7/28/11).

Somalia – pirates release hijacked tanker

The EU NAVFOR issued a press release stating that the small tanker JUBBA XX, hijacked by Somali pirates on July 16, has been released following intervention by Puntland officials and tribal elders. The crew is reported to be safe. (7/28/11).

The “Black Tom Island” incident – July 30, 1916

The “Black Tom Island” incident occurred on Sunday, July 30, 1916. German saboteurs ignited a fire at the munitions-loading facility in Jersey City, across from Manhattan. The ensuing explosions destroyed the waterfront facility and largely obliterated the island, killing four persons and causing over $40 million in property damage. It was the first terrorist attack in US history and was the genesis of the Coast Guard’s port security program. The linked article provides further details.

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–28 July 2011

noreply@blogger.com (Dennis Bryant) — Thu, 28 Jul 2011 10:46:00 +0000

Headlines:

CBP – restrictions on importation of rice;

Key West – minor collision between two cruise ships;

House – bill introduced re Canadian vessels;

Senate – bill introduced to incentivize offshore wind energy production;

Senate – hearing on US economic interests in the Arctic;

Court – salvage contract unclear on arbitrability; and

Australia – fast rescue boat davit wave compensation mechanism.

July 28, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

CBP – restrictions on importation of rice

The US Customs and Border Protection (CBP) issued a news release stating that, beginning July 30, it will enforce a federal quarantine order restricting the importation of rice into the United States from countries with known Khapra beetle infestations. Commercial shipments from those countries must be inspected and must be accompanied by a phytosanitary certificate with an additional declaration stating that the shipment was inspected and found to be free of Khapra beetle. (7/25/11).

Key West – minor collision between two cruise ships

The US Coast Guard issued a news release stating that it is investigating the collision of two cruise ships in the Port of Key West. There were no reports of injury, structural damage, or pollution. (7/26/11).

House – bill introduced re Canadian vessels

Representative Owens (D-NY) introduced a bill (H.R. 2661) to amend the Tariff Act of 1930 to waive the requirement to report the arrival at any port or place within the United States of a vessel of Canada if the vessel does not anchor or dock at any harbor within the customs territory of the United States. Official text of the bill has not yet been posted. (7/26/11).

Senate – bill introduced to incentivize offshore wind energy production

Senator Carper (D-DE) introduced the Incentivizing Offshore Wind Power Act (S. 1397) to amend the Internal Revenue Code of 1986 to provide for an investment tax credit related to the production of electricity from offshore wind. (7/21/11).

Senate – hearing on US economic interests in the Arctic

The Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard of the Senate Committee on Commerce, Science & Transportation conducted a hearing on Defending US Economic Interests in the Changing Arctic. Admiral Robert Papp, US Coast Guard, testified regarding Coast Guard operations in Arctic waters. RADM David Titley, US Navy, testified regarding Navy operations in Arctic waters. Ambassador David Balton, Department of State, testified regarding US Arctic policy. Mr. Peter Slaiby, Shell Oil Company, testified concerning oil and gas development in Arctic waters. Dr. Scott Borgerson, Institute for Global Marine Studies, testified concerning the importance of sustainable development in the Arctic. Dr. Andrew Metzger, University of Alaska, testified concerning the marine civil engineering challenges in the Arctic. (7/27/11).

Court – salvage contract unclear on arbitrability

The US Court of Appeals for the Ninth Circuit ruled that the arbitrability of contractual dispute is to be decided under federal law unless there is clear and unmistakable evidence that the parties intended to apply non-federal law. The instant case involved natural resource damages arising out of a marine salvage. Plaintiff’s vessel grounded on a coral reef off Oahu. Plaintiff hired defendant to salve the vessel. The salvage contract provided that any dispute arising under the salvage agreement should be settled by arbitration in London in accordance with English law. After the successful salvage, the federal government submitted a claim to plaintiff for damage to the coral reef. Plaintiff brought suit against defendant, alleging that the damage to the reef was caused by the gross negligence of defendant. Defendant’s motion to compel arbitration was denied and defendant appealed. The court held that, while arbitration of the merits of a dispute is favored, there is a presumption against the use of non-federal law to determine whether a particular dispute is arbitrable. Here, federal law narrowly construes “arising under” to exclude any dispute not directly related to the salvage contract. Cape Flattery Ltd v. Titan Maritime, No. 09-15682 (9th Cir., July 26, 2011). Note: Since the wording of this particular salvage contract was fairly standard, we can expect a revision of future contracts to clarify the intentions of the parties with regard to arbitrability.

Australia – fast rescue boat davit wave compensation mechanism

The Australian Transport Safety Bureau (ATSB) released the report of its investigation into the fast rescue boat incident on board a liquefied natural gas LNG) carrier off Darwin on 16 May 2010. The boat made an uncontrolled drop of 18 meters into the water after the wave compensator mechanism was activated early. Investigation revealed safety issues relating to the commissioning, maintenance, testing, operating instructions, and procedures for the wave compensator and its safety interlock system. MO-2010-004 (7/27/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog–27 July 2011

noreply@blogger.com (Dennis Bryant) — Wed, 27 Jul 2011 11:02:00 +0000

Headlines:

USCG – facilities that transfer certain low risk commodities;

Arctic Ocean – SAR exercise;

DHS – supporting USCG Arctic agenda;

Ohio River – security zones proposed;

SHC – meetings;

GMDSS Task Force – meeting;

Senate – bill introduced to restore Gulf coast ecosystems;

Senate – bill introduced to amend Marine Mammal Protection Act;

House – hearing on nuclear terrorism threat;

House – hearing on Coast Guard improvements;

California – proposed amendments to fuel sulfur rule;

EC – proposal for safer and less polluting recreational boats; and

UK – World War II mine detonated safely.

July 27, 2011

Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

USCG – facilities that transfer certain low risk commodities

The US Coast Guard issued a policy letter relieving waterfront facilities from the maritime security requirements of 33 CFR Part 105 if the only oil products they handle are specified low risk commodities and they meet other requirements. The policy change does not apply to vessels. PAC 02-11 (7/26/11). Note: This item was brought to my attention by my good friend John Bennett of Maritime Protective Services.

Arctic Ocean – SAR exercise

The US Coast Guard issued a news release stating that it, the US Air Force, the Alaska Air National Guard, and North Slope Borough personnel are conducting a search and rescue (SAR) exercise in the Arctic Ocean off the coast of Barrow, Alaska. (7/25/11).

DHS – supporting USCG Arctic agenda

The Department of Homeland Security (DHS) issued a news release highlighting work of the DHS Science and Technology Directorate in support of the Coast Guard’s Arctic agenda. Working groups are focusing on infrastructure, communications, and sensors as they relate to the Arctic. (7/21/11). Note: This item was brought to my attention by my good friend Louis J. Le Gendre.

Ohio River – security zones proposed

The US Coast Guard proposes to establish fixed and moving security zones around high-capacity passenger vessels and vessels carrying certain dangerous cargo (CDC) while being escorted on the navigable waters of the Captain of the Port (COTP), Sector Ohio Valley Zone. Comments on this proposal should be submitted by August 26. 76 Fed. Reg. 44880 (July 27, 2011).

SHC – meetings

The Shipping Coordinating Committee (SHC), sponsored by the Department of State (DOS), will conduct two meetings in Washington, DC. The first meeting, on August 17, is to prepare for the upcoming session of the IMO Facilitation Committee (FAL 37). Topics on the agenda include formalities connected with the arrival, stay, and departure of persons and ensuring security in and facilitating international trade. The second meeting, on September 6, is to prepare for the upcoming session of the IMO Sub-Committee Dangerous Goods, Solid Cargoes, and Containers (DSC 16). Topics on the agenda include stowage of water-reactive materials and guidelines for packing of cargo transport units. 76 Fed. Reg. 44977 (July 27, 2011).

GMDSS Task Force – meeting

The GMDSS Task Force will meet in Arlington, Virginia on August 3. (7/26/11).

Senate – bill introduced to restore Gulf coast ecosystems

Senator Landrieu (D-LA) introduced the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2011 (S. 1400) to restore the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of Gulf Coast States, to create jobs and revive the economic health of communities adversely affected by the explosion on, and sinking of, the mobile offshore drilling unit Deepwater Horizon, and for other purposes. (7/21/11).

Senate – bill introduced to amend Marine Mammal Protection Act

Senator Brown (R-MA) introduced the Marine Mammal Protection Amendment Act of 2011 (S. 1402) to amend the Marine Mammal Protection Act of 1972 to increase the maximum penalty for violating that Act. (7/21/11).

House – hearing on nuclear terrorism threat

The Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies of the House Committee on Homeland Security conducted a hearing on “The Last Line of Defense: Federal, State, and Local Efforts to Prevent Nuclear and Radiological Terrorism within the United States”. An opening statement was made by Chairman Daniel Lungren (R-CA). Testimony was presented by Mr. Warren Stern, Department of Homeland Security; Mr. Carl Pavetto, Department of Energy; Mr. Richard Daddario, New York City Police Department; and Mr. Mark Perez, Florida Department of Law Enforcement. Mr. David Maurer, Government Accountability Office (GAO), testified that gaps in the nuclear detection architecture continue to exist in several areas, including with regard to small marine craft, such as recreational boats and commercial fishing vessels. (7/26/11).

House – hearing on Coast Guard improvements

The Subcommittee on Coast Guard and Maritime Transportation of the House Committee on Transportation and Infrastructure conducted a hearing on “How to Improve Operations and Implement Efficiencies for the US Coast Guard”. Background for the hearing was provided in a Briefing Memo. Testimony was received from Representative Sam Farr (D-CA); VADM John Currier and VADM Brian Salerno, US Coast Guard; and Dr. Holly Bamford, National Oceanic and Atmospheric Administration (NOAA). (7/26/11).

California – proposed amendments to fuel sulfur rule

The California Air Resources Board (CARB) issued a notice seeking comments on proposed amendments to the state regulations for fuel sulfur and other operational requirements for ocean-going vessels within California waters and 24 nautical miles of the California baseline. Comments must be received by August 9. (7/25/11).

EC – proposal for safer and less polluting recreational boats

The European Commission (EC) issued a press release stating that it is proposing stricter limits for nitrogen oxide (NOx), hydrocarbons, and particulate matter emissions for new motor boats, sailing boats, jet skis, and other recreational craft. The proposal also addresses noise emission limits and constructional safety requirements. (7/26/11).

UK – World War II mine detonated safely

The UK Royal Navy (RN) issued a news release stating that it safely detonated a 1,500 pound World War II mine in waters seven mile off the Essex coast. The German mine had been dredged up by a commercial vessel. The controlled explosion created a 300-foot high plume. (7/20/11).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution