Bryant's Maritime Blog
Bryant’s Maritime Blog – 8 September 2010 – special
Headlines: BP releases internal investigation.
September 8, 2010
Bryant’s Maritime News
Bryant’s Maritime Consulting - 4845 SW 91st Way - Gainesville, FL 32608-8135 - USA
Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com
Note: This newsletter 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 email to the editor or by going to the blog page on the website and clicking the envelope that appears at the end of each posting. Be aware that the daily newsletter is a single posting, even though it contains a number of individual items. If a single alligator can lay 5,000 in her lifetime, just think how many a married one could lay.
BP releases internal investigation
BP issued a notice stating that it has released its internal investigation into the accident on the Deepwater Horizon rig in the Gulf of Mexico on 20 April 2010. The notice includes links to a press release, a video, the Executive Summary, the full Investigation Report (15135 KB), and various appendices. The preamble states: “The investigation found that no single factor caused the Macondo well tragedy. Rather, a sequence of failures involving a number of different parties led to the explosion and fire which killed 11 people and caused widespread pollution in the Gulf of Mexico earlier this year.” (9/8/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – September 2010
Bryant’s Maritime Blog – 8 September 2010
Headlines: USCG – updated guidance for US vessels re ITAR compliance; DOJ – tug company manager sentenced; NIC – all operational hard boom removed from MS, AL, and FL; USCG – GPS system software integration assessment; Guam – tourist submarine grounds temporarily; White House – infrastructure investment plan omits ports; Gulf of Mexico – oil rig secure after fire; EPA – best management practices for unused pharmaceuticals; USGS – nonindigenous aquatic species sighting report; Court – no jurisdiction over EFT; WTO – trade up 25%; EMSA – September newsletter; Canada – contract awarded for construction of mid-shore patrol vessels; India & South Korea – defense cooperation agreement; Kenya – Somalis convicted of piracy, sentenced to five years; Disaster at Honda Point – September 8, 1923; and Fire on the SS Morro Castle – September 8, 1934.
Bryant’s Maritime Consulting - 4845 SW 91st 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. If a single alligator can lay 5,000 in her lifetime, just think how many a married one could lay.
USCG – updated guidance for US vessels re ITAR compliance
The US Coast Guard issued Port Security Advisory 4-09 (Rev 4). This document provides owners, operators, and masters of US-flag vessels with updated guidance relating to compliance with US requirements, particularly the International Traffic in Arms Regulations (ITAR), when placing firearms on board their vessels to defend against or deter pirate attacks in high-risk waters. The new material in this revision concerns vessels likely to transit the Suez Canal. It recommends that applications for a temporary export license list both Port Said Shipping and Navigation Company and the Egyptian Customs Authority as “Temporary Foreign Intermediate Consignees”. Companies with previously approved applications should submit an amendment to their existing license to add these two parties. (9/3/10).
DOJ – tug company manager sentenced
The Department of Justice issued a news release stating that the former manager of a tug and barge company was sentenced to 21 months confinement after being convicted in a jury trial of violating the Federal Water Pollution Control Act (FWPCA) and conspiring to violate the FWPCA. He was found to have personally dumped contaminated dredge spoil in unauthorized locations in the San Francisco Bay and directing others to similarly dump dredge spoil. The company for which he worked previously pled guilty and was sentenced to pay a fine of $1.5 million and to institute an environmental compliance program. (8/27/10).
NIC – all operational hard boom removed from MS, AL, and FL
The National Incident Command (NIC) issued a news release stating that all operational hard boom has been removed from the shorelines of Mississippi, Alabama, and the Florida Panhandle. Responders remain vigilant and are ready to deploy boom as needed. At the height of the response to the Gulf of Mexico oil spill, there were 1.6 million feet of hard boom deployed in waters of those states. (9/7/10).
USCG – GPS system software integration assessment
The US Coast Guard Navigation Center issued a Special Notice stating that during the next several weeks, the US Air Force will conduct an integration assessment of the current GPS Software Baseline. There are no planned GPS Satellite outages for this activity and the broadcast navigation signal will remain IS-GPS-200 compliant. Mariners who experience GPS anomalies should contact the USCG Navigation Center as soon as possible. (9/3/10).
Guam – tourist submarine grounds temporarily
The US Coast Guard issued a news release stating that it responded to the grounding of a tourist submarine in the Western Shoals of Apra Harbor, Guam. There were no passengers onboard at the time. There were no reports of damage or pollution. The submarine was refloated later in the day. The incident is under investigation. (9/5/10).
White House – infrastructure investment plan omits ports
The White House issued a news release stating that President Obama will seek Congressional funding for infrastructure investment, focusing on roads, rails, and airports. (9/6/10). Note: Investment to upgrade the nation’s ports and waterways is conspicuous by its absence.
Gulf of Mexico – oil rig secure after fire
The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a press release stating that its inspectors have examined the Mariner Energy rig in the Gulf of Mexico subsequent to the recent fire. The safety shut-in valves for the associated wells and incoming and outgoing pipelines are all closed. The platform’s tanks and pumps are secure. There is no indication of pollution coming from the facility. (9/4/10).
EPA – best management practices for unused pharmaceuticals
The Environmental Protection Agency (EPA) is seeking comments on its draft guidance document “Best Management Practices for Unused Pharmaceuticals at Health Care Facilities”. Comments should be submitted by November 8. 75 Fed. Reg. 54627 (September 8, 2010). Note: While the guidance is targeted at hospitals, clinics, and doctors’ offices, it may be of value to ships that carry medicines and pharmaceuticals.
USGS – nonindigenous aquatic species sighting report
The US Geological Survey (USGS) issued a notice stating that it is seeking approval from the Office of Management and Budget for its Nonindigenous Aquatic Species Sighting Reporting Form. Comments on use of this voluntary reporting form should be submitted by October 8. 75 Fed. Reg. 54648 (September 8, 2010).
Court – no jurisdiction over EFT
The US Court of Appeals for the Second Circuit has upheld a District Court’s ruling vacating a process of maritime attachment and garnishment attaching defendant’s assets to secure a putative foreign arbitral award. The appellate court held that the District Court lacked jurisdiction over defendant’s bank account in Paris, the suspense account created by the bank in New York in response to the attachment order, and any other intangible property arising from the electronic funds transfer (EFT). Allied Maritime v. Descatrade SA, No. 09-5329-cv (2nd Cir., September 3, 2010).
WTO – trade up 25%
The World Trade Organization (WTO) issued a press release stating that international trade increased by 25% during the first half of 2010 over trade during the same period in 2009. (9/1/10).
EMSA – September newsletter
The European Maritime Safety Agency (EMSA) posted its September newsletter. This issue focuses on the January 1, 2011 implementation date for the Paris Memorandum of Understanding (MOU) new Port State Control (PSC) system. (9/7/10).
Canada – contract awarded for construction of mid-shore patrol vessels
Fisheries and Oceans Canada issued a news release stating that the contract has been awarded for construction of nine mid-shore patrol vessels for the Canadian Coast Guard. The vessels will be approximately 43 meters in length, with a cruising range of 2,000 nautical miles. Plans call for five of the vessels to be used in conservation and protection programs in the Maritimes, Quebec, and Pacific Regions and for four to be used to enhance maritime security along the Great Lakes-St. Lawrence Seaway system. (9/2/10).
India & South Korea – defense cooperation agreement
The Indian Ministry of Defence issued a press release stating that it signed two memoranda of understanding with the Ministry of Defense of the Republic of Korea. The first agreement provides for increased cooperation regarding maritime security, particularly in relation to activities in the Gulf of Aden. (9/3/10).
Kenya – Somalis convicted of piracy, sentenced to five years
The EU NAVFOR issued a press release stating that seven Somalis detained earlier by an EU NAVFOR warship after attacking another warship in the Indian Ocean have been sentenced to five years imprisonment. (9/7/10).
Disaster at Honda Point – September 8, 1923
The Honda Point Disaster occurred just off the spit of land at the north end of the Santa Barbara Channel on the evening of September 8, 1923 when seven US Navy destroyers, traveling at full speed, grounded in the fog on charted rocks. Due to poor visibility, the ships, transiting as a squadron from San Francisco to San Diego, were utilizing dead reckoning. A radio signal from a new radio direction finder (RDF) station had been received but misinterpreted. Twenty-three sailors died in the grounding. Two other destroyers grounded briefly, but refloated themselves. Five destroyers from the rear of the formation were able to avoid grounding. The squadron commander and the squadron navigators, as well as the commanding officers of the seven destroyers that were lost, were all court-martialed. This incident is the first in which electronic navigation played a role.
Fire on the SS Morro Castle – September 8, 1934
The passenger/cargo ship SS Morro Castle caught fire and burned on September 8, 1934, while on a voyage from Havana, Cuba to New York. The origin of the fire was never conclusively determined. The master had died in his sleep the previous night of an apparent heart attack. The fire was detected in the First Class Writing Room at about 3 a.m. It spread rapidly through the extensive wood used in construction of the passenger spaces. The Acting Captain maneuvered the ship toward the New Jersey shore, but the ship soon lost power and steering. It eventually grounded on the beach at Asbury Park. A total of 137 passengers and crew died in the casualty. Major changes were later made to the Safety of Life at Sea (SOLAS) Convention to address use of fire retardant materials, automatic fire doors, fire alarms, and life boat drills, reducing the risk of future casualties.
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – September 2010
Bryant’s Maritime Blog – 7 September 2010
Headlines: NIC – BOP and LMRP recovered; Shipping Coordinating Committee – meetings; House – info requested re offshore rig fire; and Ireland – national ports policy review.
Bryant’s Maritime Consulting - 4845 SW 91st 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. If a single alligator can lay 5,000 in her lifetime, just think how many a married one could lay.
NIC – BOP and LMRP recovered
The National Incident Command (NIC) issued a news release stating that the damaged blowout preventer (BOP) and lower marine riser package (LMRP) have been recovered from the seafloor in the Gulf of Mexico. Custody of these objects has been transferred to the Deepwater Horizon Criminal Investigation Team and the FBI Evidence Recovery Team. A new BOP has been installed on the Macondo wellhead. (9/5/10).
Shipping Coordinating Committee – meetings
The Shipping Coordinating Committee, sponsored by the US Department of State, will conduct four separate open meetings to prepare for upcoming events at the IMO. It will meet in Washington, DC on September 21 to prepare for the upcoming session of the IMO Sub-Committee on Ship Design and Equipment (DE 54). It will conduct three meetings in Arlington, Virginia on November 17, December 15, and February 16 to prepare for the upcoming session of the IMO Subcommittee on Radiocommunications and Search and Rescue (COMSAR 15). 75 Fed. Reg. 54415 (September 7, 2010).
House – info requested re offshore rig fire
The House Committee on Energy and Commerce issued a news release stating that it sent a request to Mariner Energy requesting information regarding the recent fire on its offshore rig in the Gulf of Mexico. The Committee is requesting a briefing on the incident and its possible causes. (9/2/10).
Ireland – national ports policy review
The Irish Department of Transport issued a press release stating that it has launched a national ports policy review. Comments on the policy should be submitted by October 29. (9/3/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – September 2010
Bryant’s Maritime Blog – 3 September 2010
Headlines: Gulf of Mexico – explosion and fire on offshore oil rig; NIC – capping stack removed; USCG – salvage and marine firefighting information collection; USCG – removal equipment and alternative technology information collection; USCG – LNG and LHG waterfront facility information collection; DOI – Lake Champaign Sea Lamprey Alternative Technologies Workgroup; Court – injunction against drilling moratorium not moot; EC – funding for former marine manufacturing workers; New Zealand – QOL Review Roadshow; and UK – Red Ensign Day.
Bryant’s Maritime Consulting - 4845 SW 91st 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. If a single alligator can lay 5,000 in her lifetime, just think how many a married one could lay.
Gulf of Mexico – explosion and fire on offshore oil rig
The US Coast Guard issued a news release stating that it is responding to a report of an explosion and fire on an oil rig in the Gulf of Mexico approximately 90 miles south of Vermillion Bay, Louisiana. There were thirteen people on the rig at the time and all have been accounted for. A second news release states that the thirteen individuals are now safely ashore, the fire has been extinguished, and there is no evidence of an oil sheen or leak. The incident is under investigation. (9/2/10). Note: The platform is located in 340 feet of water and is approximately 200 miles west of the Macondo well.
NIC – capping stack removed
The National Incident Command (NIC) issued a news release stating that the capping stack has been removed from the Macondo well. The next step will be removal of the blowout preventer (BOP). (9/2/10).
USCG – salvage and marine firefighting information collection
The US Coast Guard issued a notice stating that the Office of Management and Budget (OMB) has approved the information collection requirements in its recent salvage and marine firefighting rulemaking. The information collection requirements come into effect immediately. 75 Fed. Reg. 54026 (September 3, 2010).
USCG – removal equipment and alternative technology information collection
The US Coast Guard issued a notice stating that the Office of Management and Budget (OMB) has approved the information collection requirements in its recent removal equipment and alternative technology rulemaking. The information collection requirements come into effect immediately. 75 Fed. Reg. 54025 (September 3, 2010).
USCG – LNG and LHG waterfront facility information collection
The US Coast Guard issued a notice stating that the Office of Management and Budget (OMB) has approved the information collection requirements in its recent rulemaking regarding LNG and LHG waterfront facility general requirements. The information collection requirements come into effect immediately. 75 Fed. Reg. 54025 (September 3, 2010).
DOI – Lake Champaign Sea Lamprey Control Alternatives Workgroup
The Department of the Interior issued a notice stating that it has reestablished the charter of the Lake Champaign Sea Lamprey Control Alternatives Workgroup. 75 Fed. Reg. 54163 (September 3, 2010).
Court – injunction against drilling moratorium not moot
The US District Court for the Eastern District of Louisiana issued an order denying the motion of defendant United States Government for dismissal of a suit by plaintiff maritime companies for an injunction against the federal government’s moratorium against deepwater oil and gas drilling in the Gulf of Mexico. The original moratorium was issued on May 28. On June 22, the court granted plaintiffs’ motion for a preliminary injunction. That order was sustained on appeal. The federal government then issued a new moratorium on July 12. The government then moved to dismiss the suit for an injunction, contending that the action was moot in that the original moratorium was no longer in effect. In denying the motion, the court held that the second moratorium arguably fashions no substantial changes from the first moratorium with the result that plaintiffs’ suit for an injunction is not moot. Hornbeck Offshore Services v. Salazar, No. 10-1663 (E.D. La., September 1, 2010). Note: This item was brought to my attention by my good friend Eric Roan of Pride International.
EC – funding for former marine manufacturing workers
The European Commission (EC) issued a press release stating that it approved an application from Denmark for assistance under the European Globalization adjustment Fund to help 951 workers in the marine manufacturing sector back into employment. The application for €7.5 million concerns workers made redundant in 45 businesses in the Danish region of Nordjylland. (9/2/10).
New Zealand – QOL Review Roadshow
Maritime New Zealand issued a notice announcing its QOL Review Roadshow. The roadshow will provide presentations and allow feedback regarding the proposed new framework for qualifications and operational limits (QOL) for New Zealand mariners. (9/2/10).
UK – Red Ensign Day
September 3 is commemorated annually in the United Kingdom and many Commonwealth nations as Red Ensign Day, also called Merchant Navy Day. The Red Ensign is the official flag of the UK Merchant Marine, dating back to the 1650 Civil Ensign of England. (9/3/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – September 2010
Bryant’s Maritime Blog – 2 September 2010
Headlines: California – “no discharge zone” proposed for large oceangoing vessels; Alaska – tidal energy project; EC – environmental status criteria for Europe’s seas; and UK – exercise to be conducted in offshore windfarms.
Bryant’s Maritime Consulting - 4845 SW 91st 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. If a single alligator can lay 5,000 in her lifetime, just think how many a married one could lay.
California – “no discharge zone” proposed for large oceangoing vessels
The Environmental Protection Agency (EPA) proposes to establish a no discharge zone (NDZ) for large passenger vessels and oceangoing vessels of 300 gross tons or more with two days or more sewage holding capacity that would apply to all California marine waters. Comments on the proposal must be submitted by November 1. 75 Fed. Reg. 53914 (September 2, 2010). Note: The approach proposed here is unique. Never before has such a large NDZ been proposed and never before has an NDZ been applied to only a portion of the vessels operating within the zone.
Alaska – tidal energy project
The Federal Energy Regulatory Commission (FERC) issued a notice stating that it received an application for a preliminary permit proposing to study the feasibility of a tidal energy project in Kootznahoo Inlet near the City of Angoon, Alaska. Comments on the application should be submitted within 60 days. 75 Fed. Reg. 53962 (September 2, 2010).
EC – environmental status criteria for Europe’s seas
The European Commission (EC) issued a press release stating that it adopted a decision outlining criteria necessary to achieve good environmental status for Europe’s seas. This will held Member States to develop coordinated marine strategies, ensuring consistency and allowing progress to be compared between regions. (9/1/10).
UK – exercise to be conducted in offshore windfarms
The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that, on Sunday, September 5, it will conduct an exercise at the North Hoyle and Rhyl Flats Offshore Wind Farms to test communications, coordination, and response to a series of mock maritime incidents. This exercise will also involve the Royal National Lifeboat Institute (RNLI), the Royal Air Force (RAF) Search and Rescue, and the operators of the windfarms. (9/1/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – September 2010
Bryant’s Maritime Blog – 1 September 2010
Headlines: Joint Investigation – evidence handling; HSRP – meeting; Sea Grant Advisory Board – meeting cancelled; Massachusetts Bay – marine mammal harassment; DOS – delegation of certain maritime law enforcement functions; USCG – Polluting Incident Compendium; NMCO – 2010 GMISS conference; USCG – last LORAN station decommissioned; Court – personal jurisdiction lacking in Rule B attachment of EFT; Court – EFT ruled non-attachable (again); EC – ship building and repair concentration approved; Australia – winter edition of AMSA Aboard; Canada – report re sinking of whale-watching vessel; Singapore – draft amendments approved by MSC 87; and UK – trawler master convicted of going the wrong way in a TSS.
Bryant’s Maritime Consulting - 4845 SW 91st 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. If a single alligator can lay 5,000 in her lifetime, just think how many a married one could lay.
Joint Investigation – evidence handling
The Joint Investigation issued a Fact Sheet regarding evidence handling and procedures. The fact sheet focused on the planned forensic analysis of the blowout preventer (BOP) once it is recovered from the seafloor. Plans call for the analysis to be performed at NASA’s Michoud Facility in East New Orleans. (8/31/10).
HSRP – meeting
The Hydrographic Services Review Panel (HSRP), sponsored by the National Oceanic and Atmospheric Administration (NOAA), will conduct a teleconference meeting on September 17 to discuss proposed revisions to its report on most wanted hydrographic service improvements. 75 Fed. Reg. 53665 (September 1, 2010).
Sea Grant Advisory Board – meeting cancelled
The Sea Grant Advisory Board, sponsored by the National Oceanic and Atmospheric Administration (NOAA), issued a notice stating that its meeting previously scheduled for August 30 has been cancelled and will be rescheduled. 75 Fed. Reg. 53665 (September 1, 2010).
Massachusetts Bay – marine mammal harassment
The National Oceanic and Atmospheric Administration (NOAA) issued a notice stating that it issued an Incidental Harassment Authorization (IHA) to the Northeast Gateway Energy Bridge LP to incidentally harass small numbers of marine mammals during operation of its offshore liquefied natural gas LNG) facility in Massachusetts Bay for a period of one year. 75 Fed. Reg. 53672 (September 1, 2010).
DOS – delegation of certain maritime law enforcement functions
The Department of State issued a notice stating that certain maritime law enforcement functions have been delegated to the Assistant Secretary for International Narcotics and Law Enforcement Affairs. The delegated functions relate to certifying that a foreign nation has consented or waived objection to enforcement of US law with regard to a vessel registered with that nation and suspected of smuggling drugs or certifying that a foreign nation has denied a claim of registry made by a vessel suspected of smuggling drugs. 75 Fed. Reg. 53731 (September 1, 2010).
USCG – Polluting Incident Compendium
The US Coast Guard has posted an updated Polluting Incident Compendium. It contains detailed information regarding oil spills occurring in US waters between 1973 and 2008 inclusive. It also has summary data regarding oil spills in US waters between 1969 and 1972. The Compendium is in a 7.2 MB zip-file located on the USCG Homeport site. Click on “Investigations”, found in the left column. Scroll down to “Marine Casualty/Pollution Investigations”, found at the very bottom of the list. Click on the “Compendium” tab and then click on View Document. (8/30/10). Note: This item was brought to my attention by my good friend Dave Dickey of the US Coast Guard.
NMCO – 2010 GMISS conference
The 2010 Global Maritime Information Sharing Symposium (GMISS), sponsored by National Maritime Domain Awareness Coordination Office (NMCO) of the Department of Defense, will be held at the Hilton Baltimore on September 14-16. Discounted registration rates are available until September 9. (8/30/10).
USCG – last LORAN station decommissioned
The US Coast Guard issued a news release stating that its last Long Range Aid to Navigation (LORAN) station (located in Caribou, Maine) will be decommissioned on September 1. (8/31/10). Note: The LORAN program commenced during World War II to provide vital navigation information to Allied forces. It was expanded and enhanced during the following years. While the Global Positioning System (GPS) is generally more accurate, it is subject to jamming and interference. The termination of the LORAN program was a budget measure and, in my opinion, ill-conceived.
Court – personal jurisdiction lacking in Rule B attachment of EFT
The US Court of Appeals for the Second Circuit ruled that a court lacks personal jurisdiction over a defendant in an admiralty case where the sole basis for quasi in rem jurisdiction asserted by the plaintiff is a Rule B attachment of an electronic funds transfer (EFT). Sinoying Logistics v. Yi Da Xin Trading Corp., No. 09-5368-cv (2nd Cir., August 31, 2010).
Court – EFT ruled non-attachable (again)
In an unpublished decision, the US Court of Appeals for the Second Circuit ruled that an electronic funds transfer (EFT) that was attached by a court in the Second Circuit prior to the court’s mini-en-banc decision prohibiting such attachment is not subject to re-attachment. GE Seaco SRL v. Shanghai International, No. 09-4832-cv (2nd Cir., August 24, 2010). Note: This item was brought to my attention by my good friend Michael Marks Cohen of Nicoletti Hornig & Sweeney.
EC – ship building and repair concentration approved
The European Commission (EC) issued a press release stating that it has cleared a proposed concentration between Abu Dhabi Mar and ThyssenKrupp Marine Systems in the areas of civil and naval ship building. (8/31/10).
Australia – winter edition of AMSA Aboard
The Australian Maritime Safety Authority (AMSA) posted the winter 2010 edition of its AMSA Aboard newsletter. Topics addressed in this edition include cargo lashing requirements and the met-ocean measuring equipment project in the Torres Strait. (8/31/10).
Canada – report re sinking of whale-watching vessel
The Transportation Safety Board (TSB) of Canada released the Marine Report of its investigation of the sinking of a whale-watching vessel off Vancouver Island on 23 July 2009. The vessel was operating at high speed close to shore when it struck a submerged object. The 34 passengers were evacuated without injury. The vessel sank while returning to shore. Investigation revealed that the master was not utilizing available aids to navigation or instruments, allowing him to stray too close to shore, where he encountered a submerged rock. (8/30/10).
Singapore – draft amendments approved by MSC 87
The Singapore Maritime and Port Authority (MPA) issued a circular informing the shipping community of draft amendments to mandatory instruments approved by the 87th session of the IMO Maritime Safety Committee (MSC 87), with a view to adoption at MSC 88 in Nov/Dec 2010. Shipping Circular 11/2010 (8/30/10).
UK – trawler master convicted of going the wrong way in a TSS
The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that the master of a British trawler pleaded guilty and was convicted of violation of the International Regulations for Preventing Collisions at Sea by travelling the wrong direction in a traffic separation scheme (TSS). He was fined £3,500 and assessed £3,752.20 in costs. (8/31/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – September 2010
Bryant’s Maritime Blog – 31 August 2010
Headlines: White House – additional economic sanctions against North Korea; White House – Export Control System to be streamlined; FMC- compromise agreements re civil penalty actions; PHMSA – LNG vapor-gas dispersion models; USCG – updating regulations for lifesaving equipment; Seattle – security zone; NOAA – Federal Aquatic Nuisance Species Research Risk Analysis Protocol; Potomac River – restricted area proposed; Cape Fear River – changes to restricted area; India – plans to increase port capacity; Indonesia – pirate attack; and North Sea – watch the plank.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
White House – additional economic sanctions against North Korea
The White House released an Executive Order signed by President Obama establishing new economic sanctions against North Korea. It blocks the property of certain persons engaged in the import or export to or from North Korea of any arms or luxury goods or engaged in illicit activity involving the Government of North Korea. (8/30/10).
White House – Export Control System to be streamlined
The White House issued a news release stating that the US Export Control System is to be streamlined. The goal is to both strengthen national security by clearly defining which export limitations apply to specific items and technologies and improving US commercial competiveness by eliminating or reducing export restrictions on many items and technologies. (8/30/10).
FMC – compromise agreements re civil penalty actions
The Federal Maritime Commission (FMC) issued a news release stating that it executed six compromise agreements recovering a total of $218,750 in civil penalties from a vessel-operating common carrier and five ocean transportation intermediaries for alleged violations of the Shipping Act of 1984. (8/30/10).
PHMSA – LNG vapor-gas dispersion models
The Pipeline and Hazardous Materials Safety Administration (PHMSA) issued guidance on the requirements for obtaining approval of alternative vapor-gas dispersion models for liquefied natural gas (LNG) facilities. 75 Fed. Reg. 53371 (August 31, 2010).
USCG – updating regulations for lifesaving equipment
The US Coast Guard proposes to amend its regulations for certain lifesaving equipment, including launching appliances, release mechanisms, survival craft, rescue boats, and automatic disengaging devices. The proposed rules would harmonize the Coast Guard’s design, construction, and performance standards for this lifesaving equipment with international standards. The proposed rules also provide for use of qualified independent laboratories, instead of Coast Guard inspectors, during the approval process and for production inspections of certain types of lifesaving equipment. Comments on this proposal should be submitted by November 29. 75 Fed. Reg. 53457 (August 31, 2010).
Seattle – security zone
The US Coast Guard issued a final rule establishing a security zone on waters of Elliott Bay in Seattle adjacent to the USCG Base Support Unit at Pier 36. The rule comes into effect on September 30. 75 Fed. Reg. 53195 (August 31, 2010).
NOAA – Federal Aquatic Nuisance Species Research Risk Analysis Protocol
The National Oceanic and Atmospheric Administration (NOAA) issued a notice stating that it is seeking comments on its draft revised Federal Aquatic Nuisance Species Research Risk Analysis Protocol. Comments should be submitted within 45 days. 75 Fed. Reg. 53273 (August 31, 2010).
Potomac River – restricted area proposed
The US Army Corps of Engineers (USACE) proposes to establish a restricted area on waters of the Potomac River adjacent to Marine Corps Base (MCB) Quantico. Comments on the proposal should be submitted by September 30. 75 Fed. Reg. 53264 (August 31, 2010).
Cape Fear River – changes to restricted area
The US Army Corps of Engineers (USACE) issued a direct final rule making minor changes in the current restricted area on waters of the Cape Fear River and its tributaries adjacent to the Sunny Point Army Terminal. The changes will come into effect on November 1, unless adverse comments are received by September 30. 75 Fed. Reg. 53197 (August 31, 2010).
India – plans to increase port capacity
The Indian Ministry of Shipping issued a press release stating that it is formulating a decadal action plan envisioning an annual growth of 10% in port traffic. Indian ports will have to handle traffic of about 2.5 billion tonnes by 2020. (8/30/10).
Indonesia – pirate attack
The ReCAAP Information Sharing Centre issued an Incident Alert stating that six pirates, armed with long knives, boarded a freighter underway in the South China Sea about 24 miles off Pulau Mangkai, Indonesia. They took control of the bridge, binding the bridge team and the anti-piracy watch with ropes. They forced the electrical engineer to bring them to the captain’s cabin. When they attempted to force the locked door, the captain escaped through the porthole and alerted the crew. The pirates escaped with two binoculars and two walkie-talkies stolen from the bridge. The master suffered minor injuries while passing through the porthole. The electrical engineer suffered head injuries when the pirates assaulted him. (8/30/10).
North Sea – watch the plank
The UK Maritime and Coastguard Agency (MCA) issued a press notice warning mariners in the North Sea that about 60 tonnes of wooden planks, measuring 1m x 3m, have been lost overboard in heavy weather from a freighter bound for Shoreham from Sweden. (8/30/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 30 August 2010
Headlines: DOJ – Somali suspect pleads guilty to attacking to plunder a vessel; NIC – removal of capping stack and BOP; Joint Investigation – fifth day of fourth session concluded; USCG – caution to AIS users; San Diego – Coast Guard investigates oil sheen; NACOSH – meeting; Court – Port of Los Angeles clean truck rules largely upheld; IMO – Turkey signs Ship Recycling Convention; Canada – Arctic sovereignty exercise completed; Canada – marine protected area established in the Arctic; Canada – Beaufort Sea Integrated Oceans Management Plan; India – meeting of Maritime States Development Council; and Ireland – site surveys off west coast.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
DOJ – Somali suspect pleads guilty to attacking to plunder a vessel
The US Department of Justice (DOJ) issued a news release stating that one of the six Somalis charged with an armed attack on the USS Ashland has pleaded guilty to charges of attacking to plunder a vessel, engaging in an act of violence against persons on a vessel, and using a firearm during a crime of violence. The plea agreement indicates that the defendant and the government agree that a sentence of 30 years in prison is appropriate. In a separate, but related matter, the individual, Jama Idle Ibrahim, has also been charged with conspiracy to commit piracy and conspiracy to use a firearm during a crime of violence. The new charges stem from an alleged act of piracy against a merchant vessel, the CEC Future, in 2008. (8/27/10). Note: This guilty plea comes shortly after the federal court ruled that the six Somalis could not be charged with piracy under federal law because the pertinent statute requires that the perpetrators actually take charge of the vessel. The charge of attacking to plunder a vessel, to which the defendant has now pleaded guilty, amounts to attempted piracy, which is what actually occurred, since the attack on the USS Ashland was wholly unsuccessful.
NIC – removal of capping stack and BOP
The National Incident Command (NIC) released the Directive issued to BP by Admiral Thad Allen, USCG (ret) authorizing BP to proceed with the removal of the capping stack followed by removal of the blowout preventer (BOP) on the Macondo well. Removal of the BOP is subject to various conditions. Among other things, a replacement BOP must be installed as soon as possible. The Joint Investigation Team and the Department of Justice must be allowed unfettered access to observe and record the removal process and custody of the BOP is to be transferred to the Government. (8/27/10).
Joint Investigation – fifth day of fourth session concluded
The USCG-DOI Joint Investigation issued a news release stating that it has concluded the fifth and last day in its fourth session of hearings into circumstances surrounding the explosion, fire, and sinking of the MODU Deepwater Horizon. Of the three witnesses scheduled to appear on Friday, Mr. Mark Hafle, a BP drilling engineer, exercised his rights under the Fifth Amendment to not testify. A fifth session is tentatively scheduled for October 4-8 at a location yet to be determined. (8/27/10).
USCG – caution to AIS users
The US Coast Guard issued a Marine Safety Alert cautioning AIS users to check their AIS units to ensure that those units are operating on the correct frequencies. Between July 27 and August 2010, the Coast Guard inadvertently tele-commanded most AIS units operating in the eastern United States between lower Connecticut and North Carolina to switch to frequencies other than the AIS default frequencies (161.975 MHz – Channel 87B – 2087 and 162.025 MHz – Channel 88B – 2088). Those affected AIS units will not see or be seen by other AIS units until switched back to the default frequencies. Commencing September 1 and continuing for five weeks, the Coast Guard will broadcast new channel management messages that will tele-command AIS units back to the default frequencies. It is recommended that, despite this effort, users manually check their AIS units to ensure that they are operating on the correct frequencies. The Coast Guard apologizes for any inconvenience its action may have caused. Alert 7-10 (8/28/10).
San Diego – Coast Guard investigates oil sheen
The US Coast Guard issued a news release stating that it is monitoring an oil sheen located in the Pacific Ocean off the US-Mexico border near San Diego. The sheen is approximately one-half mile wide and more than 15 miles long. (8/28/10).
NACOSH – meeting
The National Advisory Committee on Occupational Safety and Health (NACOSH) and its Gulf Oil Spill subgroup, sponsored by the Occupational Safety and Health Administration (OSHA), will meet in Washington, DC on September 14-15. 75 Fed. Reg. 52988 (August 30, 2010).
Court – Port of Los Angeles clean truck rules largely upheld
The US District Court for the Central District of California has largely upheld the clean truck rules established by the Port of Los Angeles. The rules were challenged by, among others, the American Trucking Association (ATA). The rules establish strict diesel emission standards for trucks and eliminate owner-operator drivers, among other things. Plaintiffs contended that the rules were preempted by federal law. While the court found that some portions of the rules were preempted, the majority of the rules were found to not constitute an unreasonable burden on interstate commerce and will be allowed to come into effect. ATA v. City of Los Angeles, No. CV 08-4920 CAS (RZx) (C.D. Cal., August 26, 2010). Note: ATA has announced that it intends to appeal this decision.
IMO – Turkey signs Ship Recycling Convention
The IMO issued a news release stating that Turkey has signed, subject to ratification, the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009. Turkey is one of the five major ship recycling nations and this first of this group to sign the Convention. The Convention will come into force 24 months after it has been accepted by at least 15 States, representing at least 40% of the world merchant shipping by tonnage. The combined maximum annual ship recycling volume of those States must, during the preceding ten years, constitute not less than 3% of their combined merchant shipping tonnage. To date, the Convention has been accepted by France, Italy, the Netherlands, Saint Kitts & Nevis, and Turkey. (8/27/10).
Canada – Arctic sovereignty exercise completed
The Office of the Prime Minister of Canada issued a media release stating that Operation NANOOK 10, a major sovereignty exercise in Canada’s North, has been completed. It featured sovereignty and presence patrolling, military exercises, and a whole-of-Government operation that focused on containment and remediation of a simulated tanker leak in the Resolute Bay area. (8/25/10). Note: The media release fails to mention that US and Danish forces participated in the exercise.
Canada – marine protected area established in the Arctic
The Office of the Prime Minister of Canada issued a media release stating that the Tarium Marine Protected Area has been established to protect seasonal populations of beluga whales. It consists of three individual areas covering approximately 1,800 square kilometers of the Mackenzie River Delta and estuary in the Beaufort Sea. (8/26/10).
Canada – Beaufort Sea Integrated Oceans Management Plan
Fisheries and Oceans Canada issued a news release announcing an Integrated Oceans Management Plan for the Beaufort Sea. The goal is to maintain a healthy ecosystem, while continuing to create economic opportunities and sustainable communities. (8/27/10).
India – meeting of Maritime States Development Council
The Indian Ministry of Shipping issued a press release stating that the Maritime States Development Council will meet in Chennai on August 30-31. Topics on the agenda include prevention of severe environmental hazards close to port, port security, and oil spill local contingency plans. (8/27/10).
Ireland – site surveys off west coast
The Irish Department of Transport issued a Marine Notice stating that two site surveys will be carried out in waters off the west coast of Ireland starting on August 27 and lasting for approximately two weeks. The survey vessel will be towing a long streamer and will be restricted in its ability to maneuver. Other vessels should give the survey vessel a wide berth. (8/26/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 27 August 2010
Headlines: Joint Investigation – fourth day of fourth session concluded; National Commission – details of Meeting 2; USCG – Sector Puget Sound; EC – formal probe into marine insurance agreements; EU – Census of Marine Life; Hong Kong – salvage operations in Western Fairway; and Liberia – USCG provides training to LCG.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
Joint Investigation – fourth day of fourth session concluded
The USCG-DOI Joint Investigation issued a news release stating that it has concluded the fourth day in its fourth session of hearings into circumstances surrounding the explosion, fire, and sinking of the MODU Deepwater Horizon. The hearings resume on Friday, August 27. (8/26/10).
National Commission – details of Meeting 2
The National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling issued Details of Meeting 2, which was held on August 25. (8/26/10).
USCG – Sector Puget Sound
The US Coast Guard issued a news release stating that Sector Puget Sound has been activated through the consolidation of Coast Guard responsibilities, missions, and jurisdictions, including Sector Seattle, which has been stood down. (8/25/10).
EC – formal probe into marine insurance agreements
The European Commission (EC) issued a press release stating that it has opened a formal probe into whether certain provisions accompanying claim-sharing and joint-reinsurance agreements in the marine insurance sector might infringe EU antitrust rules. (8/26/10).
EU – Census of Marine Life
The European Union (EU) issued a press release stating that the Census of Marine Life Initiative, funded in part by the EU, published a report noting that its work to date has resulted in the discovery of at least 1,200 new species in 25 key ocean areas. (8/26/10).
Hong Kong – salvage operations in Western Fairway
The Hong Kong Marine Department issued a notice stating that, effective immediately, salvage operations will be conducted in waters of the Western Fairway southwest of Green Island. These operations are expected to continue for three weeks. Mariners should exercise caution when navigating in this vicinity. Notice 2010-121 (8/26/10).
Liberia – USCG provides training to LCG
The US Africa Command (AFRICOM) issued a news release stating that the US Coast Guard provided training to members of the Liberian Coast Guard (LCG) off the coast of western Africa during the period August 13-23. (8/25/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 26 August 2010
Headlines: Joint Investigation – third day of fourth session concluded; National Commission – second meeting; California – “no discharge” zone proposed along entire coast of state; Houston-Galveston – USCG Industry Outreach Day; USMMA – new Superintendent named; USCG – merchant mariner certificate suitable for framing; USCG – suspension of operations at sailing school; Chicago Sanitary & Ship Canal – enforcement of safety zone; MARAD – VISA open season; OCS Scientific Committee – meeting; NSF – Ocean Observatories Initiative; and CBP – technical corrections to regulations.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
Joint Investigation – third day of fourth session concluded
The USCG-DOI Joint Investigation issued a news release stating that it has concluded the third day in its fourth session of hearings into circumstances surrounding the explosion, fire, and sinking of the MODU Deepwater Horizon. The hearings resume on Wednesday, August 25. (8/25/10).
National Commission – second meeting
The National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling conducted its second meeting. This meeting was held in Washington, DC. Issues addressed at the meeting included: (1) history and expansion of offshore drilling; (2) existing regulatory structure and consulting agency roles; (3) meeting the regulatory challenges; and (4) industry culture and managing risk. (8/25/10).
California – “no discharge” zone proposed along entire coast of state
The Environmental Protection Agency issued a news release stating that it is proposing to designate the entire coast of California, up to three nautical miles offshore, as a “no discharge” zone for ships larger than 300 gross tons. If such designation is eventually made, these ocean-going vessels will be prohibited from discharging sewage (treated or not) within California state waters. The formal proposal will be published soon in the Federal Register. Comments on the proposal should be submitted within 60 days. (8/25/10). Note: The Federal Water Pollution Control Act (FWPCA) authorizes such designations if the EPA determines that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available. Interestingly, the FWPCA speaks only of prohibiting sewage discharge from “all vessels” within the “no discharge” zone. I am aware of no prior instance in which the EPA has utilized its authority under this statute to apply the prohibition selectively to particular vessels.
Houston-Galveston – USCG Industry Outreach Day
The US Coast Guard Industry Outreach Day for Sector Houston-Galveston will be held on October 5 in Galena Park, Texas. (8/25/10).
USMMA – new Superintendent announced
The Maritime Administration (MARAD) issued a news release stating that Rear Admiral Philip H. Greene, Jr., USN has been selected as the next Superintendent of the US Merchant Marine Academy (USMMA) in Kings Point, NY. Admiral Greene has a Merchant Marine Master’s license and is a 1978 graduate of the USMMA. (8/25/10).
USCG – merchant mariner certificate suitable for framing
The US Coast Guard National Maritime Center (NMC) issued an announcement stating that US merchant mariners who hold a valid Merchant Mariner Credential (MMC) may download a Merchant Mariner Certificate Suitable for Framing at http://homeport.uscg.mil/mmcert . The downloaded certificate is not a substitute for the MMC. There is no fee for downloading the display certificate. (8/25/10).
USCG – suspension of operations at sailing school
The US Coast Guard issued a news release stating that it ordered suspension of operations to the owner/operator of a sailing school due to the failure of the school to comply with required drug and alcohol program. (8/25/10).
Chicago Sanitary & Ship Canal – enforcement of safety zone
The US Coast Guard issued a notice stating that it will enforce the safety zone on waters of the Chicago Sanitary & Ship Canal from Mile Marker 296.1 to Mile Marker 296.7 from 7 a.m. to 11 a.m. and from 1 p.m. to 5 p.m. on September 7 through September 11. During this time, the US Army Corps of Engineers will be installing parasitic structures to help control the spread of aquatic nuisance species through the Canal. 75 Fed. Reg. 52462 (August 26, 2010).
MARAD – VISA open season
The Maritime Administration (MARAD) issued a notice stating that open season for enrolment in the Voluntary Intermodal Sealift Agreement (VISA) program has commenced. US-flag vessel operators of militarily useful vessels must submit their applications within 30 days. 75 Fed. Reg. 52594 (August 26, 2010).
OCS Scientific Committee – meeting
The Outer Continental Shelf (OCS) Scientific Committee, sponsored by the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE), will meet in Ashburn, Virginia on September 14-16. 75 Fed. Reg. 52546 (August 26, 2010).
NSF – Ocean Observatories Initiative
The National Science Foundation (NSF) issued a notice stating that it is seeking public comment on its draft Site-Specific Environmental Assessment (SSEA) for the Ocean Observatories Initiative (OOI). Public meetings will be held in Westport, Washington (September 1); Newport, Oregon (September 2); and New Bedford, Massachusetts (September 8). Written comments should be submitted by September 15. 75 Fed. Reg. 52555 (August 26, 2010).
CBP – technical corrections to regulations
The US Customs and Border Protection (CBP) issued technical corrections to its regulations. These non-substantive changes are effective immediately. 75 Fed. Reg. 52446 (August 26, 2010).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 25 August 2010
Headlines: NIC – briefing on Gulf of Mexico spill response; Joint Investigation – second day of fourth session concluded; DOJ – disaster fraud hotline for reporting oil spill-related schemes; Oregon – MSU Portland; DHS – OIG review of USCG mission performance; USCG – reports on USCG/USMC aircraft collision released; FMC – investigation of Chinese NVOCC; and Court – battle of the presumptions.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
NIC – briefing on Gulf of Mexico spill response
The National Incident Command (NIC) issued the transcript of briefing of Admiral Thad Allen, USCG (ret) regarding the status of the Gulf of Mexico oil spill response. (8/24/10).
Joint Investigation – second day of fourth session concluded
The USCG-DOI Joint Investigation issued a news release stating that it has concluded the second day in its fourth session of hearings into circumstances surrounding the explosion, fire, and sinking of the MODU Deepwater Horizon. The hearings resume on Wednesday, August 25. (8/24/10).
DOJ – disaster fraud hotline for reporting oil spill-related schemes
The Department of Justice (DOJ) issued a news release reminding members of the public to be aware of and report any instances of suspected fraudulent activity related to the Deepwater Horizon relief operations and funding for victims. (8/24/10).
Oregon – MSU Portland
The US Coast Guard issued a news release stating that Marine Safety Unit (MSU) Portland has been formally established as a subordinate command of Sector Columbia River. (8/24/10).
DHS – OIG review of USCG mission performance
The Department of Homeland Security (DHS) Office of Inspector General (OIG) released its annual review of the Coast Guard’s mission performance for FY 2009. The Coast Guard dedicated more resource hours to homeland security missions than to non-homeland security missions. The Coast Guard met more non-homeland security mission performance measures than homeland security mission performance measures. OIG-10-106 (8/23/10).
USCG – reports of USCG/USMC aircraft collision released
The US Coast Guard issued a news release stating that the Coast Guard, Marine Corps, and Navy released the results of their command investigations into the October 2009 collision of a Coast Guard HC-130 Hercules aircraft and a Marine AH-1 W Cobra helicopter off the coast of Southern California. All seven Coast Guard aircrew members and both Marine Corps aviators were killed in the crash. All three investigations concluded that no single factor, person, or unit caused the mishap, but that it was a tragic confluence of events. (8/24/10).
FMC – investigation of Chinese NVOCC
The Federal Maritime Commission (FMC) issued a notice stating that it has issued an Order of Investigation and Hearing with regard to possible violations of the Shipping Act of 1984 by Sinicway International Logistics Ltd, based in Shanghai. 75 Fed. Reg. 52344 (August 25, 2010).
Court – battle of the presumptions
The US Court of Appeals for the Fifth Circuit reversed and remanded a District Court decision involving a barge breakaway and allision on the Mississippi River. The owner of the vessel that was hit by the barge that broke away from a fleeting area brought suit against the company that operated the fleeting area. The fleeting company filed a third party complaint against the owner of a vessel that it alleged was improperly operated such as to cause the barge to break away. As between the fleeting company and the third party defendant, the appellate court ruled that the trial court improperly applied various presumptions and failed to allocate damages among the defendants in accordance with their relative fault. Combo Maritime v. U.S. United Bulk Terminal, No. 09-30592 (5th Cir., August 23, 2010).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 24 August 2010
Headlines: Joint Investigation – first day of fourth session concluded; Gulf Coast Claims Facility – open for business; Gulf of Mexico – boom recovered from certain coastal waters; Gulf of Mexico – Deepwater Horizon safety zone; PHMSA – harmonization of hazmat regulations; USCG – AIS special notice; and Panama Canal – dredger unveiled.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
Joint Investigation – first day of fourth session concluded
The USCG-DOI Joint Investigation issued a news release stating that it has concluded the first day in its fourth session of hearings into circumstances surrounding the explosion, fire, and sinking of the MODU Deepwater Horizon. The hearings resume on Tuesday, August 24. (8/23/10).
Gulf Coast Claims Facility – open for business
The Gulf Coast Claims Facility (GCCF), administered by Kenneth R. Feinberg, is now accepting claims from individuals and businesses for costs and damages incurred as a result of the oil discharges due to the Deepwater Horizon incident on April 20, 2010. All claims filed with BP before August 23 have been transferred to the GCCF for ongoing review and determination. (8/23/10).
Gulf of Mexico – boom recovered from certain coastal waters
The National Incident Command (NIC) issued a news release stating that 90% of the hard boom has been removed for waters off Mississippi, Alabama, and the Florida Panhandle. No visible oil has been observed in these areas recently. (8/23/10).
Gulf of Mexico – Deepwater Horizon safety zone
The US Coast Guard is extending, through November 26, the temporary safety zone in the Gulf of Mexico around the riser for the MODU Deepwater Horizon. 75 Fed. Reg. 51943 (August 24, 2010).
PHMSA – harmonization of hazmat regulations
The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards. Comments on the proposal should be submitted by October 25. 75 Fed. Reg. 52069 (August 24, 2010).
USCG – AIS special notice
The US Coast Guard Navigation Center issued a special notice reminding mariners that any vessel operating in US waters equipped with an Automatic Identification System (AIS) should confirm that the proper channel frequency has been selected. The standard default AIS frequency is 161.975 MHz (AIS1 or channel 87B). The alternate AIS frequency is 162.025 MHz (AIS2 or channel 88B). These frequencies can be verified through the manufacturer’s operation/owner’s manual for the AIS installed. (8/23/10).
Panama Canal – dredger unveiled
The Panama Canal Authority issued a press release stating that it will be utilizing the D’Artagnan dredger in its project to expand the Canal. The D’Artagnan dredger is the most powerful self-propelled heavy duty cutter suction dredger in the world, designed for cutting rocks and dredging sand. (8/20/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 23 August 2010
Headlines: NOAA – subsurface oil plume found in Gulf of Mexico; DOJ – chief engineer sentenced for failure to maintain ORB; Astoria – Sector Columbia River; Honolulu – container yard project; DOL – exclusion of recreation-vessel workers from LHWCA; House – hearing on accounting for spilled oil; ReCAAP – report for July; and Canada – Arctic Foreign Policy.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
NOAA – subsurface oil plume found in Gulf of Mexico
The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that scientists funded by the National Science Foundation (NSF) and affiliated with the Woods Hole Oceanographic Institution have detected a plume of hydrocarbons at least 22 miles long and more than 3,000 feet below the surface of the Gulf of Mexico, a residue of the Deepwater Horizon oil spill. The 1.2 mile-wide, 650-foot-high plume of trapped hydrocarbons was detected during a ten-day subsurface sampling effort on June 19-28 near the wellhead. (8/20/10).
DOJ – chief engineer sentenced for failure to maintain ORB
The Department of Justice (DOJ) issued a news release stating that the former chief engineer of a foreign cargo vessel has been sentenced to one year probation to include seven days of home confinement after pleading guilty to violation of the Act to Prevent Pollution from Ships (APPS) by failing to maintain an accurate oil record book (ORB). The moderate punishment reflected a sentence reduction based upon his substantial cooperation in the investigation. (8/17/10).
Astoria – Sector Columbia River
The US Coast Guard issued a news release stating that Sector Columbia River will be formally established in Astoria, Oregon on Monday, August 23, when Sector Portland combines with Group/Air Station Astoria. (8/20/10).
Honolulu – container yard project
The Department of Transportation (DOT) issued a news release stating that work has begun on the Honolulu Harbor Pier 29 Container Yard project, funded in large part by a federal grant. (8/20/10).
DOL – exclusion of recreational-vessel workers from LHWCA
The Office of Workers’ Compensation Programs of the Department of Labor (DOL) proposes to amend its regulations to exclude from coverage under the Longshore and Harbor Workers’ Compensation Act (LHWCA) certain recreational-vessel workers. The excluded workers would be those who repair recreational vessels or dismantle them for repair, regardless of the length of the vessel on which they work. Comments on the proposal should be submitted by October 18. 75 Fed. Reg. 50718 (August 17, 2010).
House – hearing on accounting for spilled oil
The Subcommittee on Energy and the Environment of the House Committee on Energy and Commerce conducted a hearing on “The BP Oil Spill: Accounting for the Spilled Oil and Ensuring the Safety of Seafood from the Gulf”. (8/17/10).
ReCAAP – report for July
The ReCAAP Information Sharing Centre issued its Report for July 2010. The report states that there were eleven incidents of armed robbery against ships in Asia during this period, an increase of three over the same period in 2009. (8/20/10).
Canada – Arctic Foreign Policy
Foreign Affairs and International Trade Canada released the Statement on Canada’s Arctic Foreign Policy. It states that Canada’s vision for the Arctic is a stable, rules-based region with clearly defined boundaries, dynamic economic growth and trade, vibrant Northern communities, and healthy and productive ecosystems. The Statement is intended to articulate how the Government of Canada will promote this vision. (8/20/10). Note: Canada currently has Arctic boundary disputes with the United States and Denmark (Greenland). The limits of the continental shelf under the Arctic Ocean remain undefined. Rules for maritime operations in Arctic waters, particularly in the Northwest Passage, are in dispute.
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 20 August 2010
Headlines: NIC – BOP replacement conditionally authorized; Joint Investigation – two new members joining team; BOEMRE – forums on offshore drilling; NTSB – forum on fishing vessel safety; USN – Atlantic Fleet Training & Testing EIS; Gloucester – LNG DWP RNAs, safety and security zones; ICCOPR – meeting; HOGANSAC – meeting; Indonesia – robbery of a passing bulker; and UK – report on fatal fall in cargo tank.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
NIC – BOP replacement conditionally authorized
The National Incident Command (NIC) issued a news release stating that Admiral Thad Allen issued a directive authorizing replacement of the blowout preventer (BOP) on the Deepwater Horizon/Macondo 252 well, providing specific conditions are met. (8/19/10).
Joint Investigation – two new members joining team
The Deepwater Horizon Joint Investigation Board issued a news release stating that two new members are joining the Investigation Team. US District Judge (ret) Wayne R. Anderson and USCG Captain Mark R. Higgins will increase the depth and diversity of the team. (8/19/10).
BOEMRE – forums on offshore drilling
The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) is conducting a series of Forums on Offshore Drilling to collect information and views about deepwater drilling safety reforms, well containment, and oil spill response. Forums have already been held in New Orleans, Mobile, and Pensacola. A Forum will be held in Santa Barbara on August 24. Future, but unscheduled, forums are planned for Anchorage, Houston, Biloxi, and Lafayette.
NTSB – forum on fishing vessel safety
The National Transportation Safety Board (NTSB) issued a notice stating that, on October 13-14, it will conduct a public forum in Washington, DC on fishing vessel safety. The goals of the forum are: (1) to identify safety issues from the perspective of both industry and government; and (2) to identify strategies for preventing accidents and reducing the commercial fishing industry’s unacceptably high injury and fatality rate. (8/19/10).
USN – Atlantic Fleet Training & Testing EIS
The US Navy Atlantic Fleet Training & Testing is seeking public input in its preparation of an Environmental Impact Statement (EIS) to evaluate potential environmental effects associated with training and testing activities in the Western North Atlantic Ocean, the lower Chesapeake Bay, and the Gulf of Mexico. Public scoping meetings will be held in Boston (August 23), Virginia Beach (August 25), Morehead City (August 26), Jacksonville (August 31), and Panama City, Florida (September 1). Written comments should be submitted by September 14. (8/19/10).
Gloucester – LNG DWP RNAs, safety and security zones
The US Coast Guard is establishing regulated navigation areas (RNAs), safety zones, and security zones on waters around the two liquefied natural gas LNG) deepwater ports (DWPs) in waters of the Atlantic Ocean off Gloucester, Massachusetts. The rulemaking comes into effect on September 20. 75 Fed. Reg. 51374 (August 20, 2010).
ICCOPR – meeting
The Interagency Coordinating Committee on Oil Pollution Research (ICCOPR), chaired by the US Coast Guard, will meet in Washington, DC on September 16 to hear comments on the priorities of oil pollution research, including projects related to the Deepwater Horizon incident and the Arctic environment. 75 Fed. Reg. 51473 (August 20, 2010).
HOGANSAC – meeting
The Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC) and its working groups, sponsored by the US Coast Guard, will meet in Houston on September 23 and September 9 respectively. 75 Fed. Reg. 51473 (August 20, 2010).
Indonesia – robbery of a passing bulker
The ReCAAP Information Sharing Centre issued an Incident Alert stating that six robbers boarded a bulker carrier that was underway off Pulau Mangkai, Indonesia during the very early morning hours of 18 August. They tied up several crew members and held the master hostage as they stole cash and other valuables. No crew members were physically injured. (8/18/10). Note: This is the same approximate location as the three incidents reported in yesterday’s newsletter. The time has come for the littoral states to beef up their law enforcement patrols.
UK – report on fatal fall in cargo tank
The UK Marine Accident Investigation Branch (MAIB) issued the report of its investigation of the fatality of a shore worker in a cargo tank on an oil/chemical tanker in Hamburg on 19 February 2010. The worker fell while climbing a vertical ladder. Evidence revealed that he had been under the influence of a variety of prescription and illegal drugs. He had not been provided with a safety harness of fall arrestor. Report 9/2010 (8/19/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 19 August 2010
Headlines: Court – charge of piracy dismissed; USCG – update of ports information matrix; USCG – proposal to increase Great Lakes Pilotage Rates; DOC – trade mission to the Port of Veracruz; LMRWSAC – meeting; Canada – examining and processing of irregular migrants; New Zealand – three missing after trawler sinks; Panama Canal – slight decline in usage; and Indonesia – three pirate attacks.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
Court – charge of piracy dismissed
The US District Court for the Eastern District of Virginia granted a defense motion and dismissed the charge of piracy that had been filed against six young Somali men for an April 10 attack on the USS Ashland (LSD-48). United States v. Said, No. 2:10cr57 (E.D. Va., August 17, 2010). As noted in the US Department of Justice news release of April 23, the six (along with five others charged in a March 31 attack on the USS Nicholas) were indicted by a federal grand jury for engaging in piracy, attack to plunder a vessel, assault with a dangerous weapon, conspiracy to use firearms during a crime of violence, and use of a firearm during a crime of violence. The court’s ruling only dismisses the charge of piracy. The other charges (carrying a total maximum sentence of 50 years imprisonment) are undisturbed by this ruling. Note: Having followed this case mostly through press reports, I was at first incredulous when I heard of the court’s action here. After reading the decision and carefully studying the pertinent statutes, I am now of the opinion that the judge is correct. The piracy statute, as enacted by Congress, is vaguely worded. The only prior decision on this point (written by the US Supreme Court in 1820) reaches the same basic conclusion. International law on this point is inconsistent. Most telling is that Congress later adopted a statute establishing the crime of attack to plunder a vessel. This crime, which carries a maximum sentence of 10 years imprisonment, makes it a crime to launch (attempt) a piratical attack on a vessel on the high seas. This is very similar to the approach taken in the Criminal Code chapter on homicide, where murder carries a sentence of life imprisonment and attempted murder (a separate crime) carries a sentence of 20 years imprisonment.
USCG – update of ports information matrix
Without much fanfare, the US Coast Guard issued an updated version of its Ports Information Matrix, listing the various requirements imposed by foreign nations on entry into their ports of ships carrying weapons for use in self-defense against pirate attacks. (8/9/10). Note: This item was brought to my attention by my good friend John Bennett of Maritime Protective Services.
USCG – proposal to increase Great Lakes Pilotage Rates
The US Coast Guard proposes to increase the rates for pilotage on the Great Lakes by an average of approximately 4% to generate sufficient revenue to cover allowable expenses, target pilot compensation, and return on investment. Comments on the proposal should be submitted by September 20. 75 Fed. Reg. 51191 (August 19, 2010).
DOC – trade mission to the Port of Veracruz
The US Department of Commerce (COC) is organizing an executive-led trade mission to the Port of Veracruz, Mexico for December 6-9. Applications for participation in the trade mission must be received by October 15. 75 Fed. Reg. 51243 (August 19, 2010).
LMRWSAC – meeting
The Lower Mississippi River Waterway Safety Advisory Committee (LMRWSAC), sponsored by the US Coast Guard, will meet in New Orleans on September 23. 75 Fed. Reg. 51097 (August 18, 2010).
Canada – examining and processing of irregular migrants
The Canada Border Services Agency (CBSA) issued a media release stating that it is examining and processing the 492 irregular migrants who entered Canada on the MV Sun Sea. The individuals have been transferred to appropriate accommodations and detention facilities while more detailed examinations are conducted to determine admissibility. (8/16/10).
New Zealand – three missing after trawler sinks
Maritime New Zealand issued a media release stating that search has been suspended of the Southern Ocean for three men missing after the sinking of a fishing trawler. Of the 51 crew, 45 have been rescued and three bodies have been recovered. (8/18/10).
Panama Canal – slight decline in usage
The Panama Canal Authority issued a press release stating that total Canal transits for the period April through June 2010 declined 2.8% compared with the same period in 2009. Tonnage declined by 3.5%. (8/17/10).
Indonesia – three pirate attacks
The ReCAAP Information Sharing Centre issued an Incident Alert stating that it received reports of three incidents of sea piracy in waters off Pulau Mangkai, Indonesia during the two-day period of 16-17 August. All three incidents involved pirates boarding at night while the vessel was underway. In one incident, the alarm was raised and the pirates departed empty-handed. In the other two incidents, the robbers tied up some of the crew before escaping with cash and personal belongings. (8/18/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 17 August 2010
Headlines: MARAD – advisory re transiting the Strait of Hormuz; Joint Investigation – fourth session to commence next week; DOI – categorical exclusions for offshore drilling to be limited; DOJ – ship owner sentenced for failure to maintain ORB; Treasury – Iranian deceptions against sanctions; Baltimore – Rescue 21 to be inaugurated; TSAC - meetings; USCG – invocation of Sunken Military Craft Act; and Chittagong – robbers steal mooring ropes.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
MARAD – advisory re transiting the Strait of Hormuz
The US Maritime Administration (MARAD) issued a notice advising vessels transiting the Strait of Hormuz to exercise increased vigilance and caution, particularly at night, with increased monitoring of small vessel/boat activity. Advisory 2010-08 (8/13/10). Note: My thoughts on the broader topic may be found at Small Vessel Security Threat.
Joint Investigation – fourth session to commence next week
The US Coast Guard issued a media advisory stating that the Joint Investigation of the Gulf of Mexico oil spill being conducted with the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEM) will be held in Houston on August 23-27. (8/16/10).
DOI – categorical exclusions for offshore drilling to be limited
The Department of the Interior issued a news release stating that it will restrict use of categorical exclusions for offshore oil and gas development to activities involving limited environmental risk while it takes a comprehensive review of the situation. The new review process will be announced shortly. (8/16/10).
DOJ – ship owner sentenced for failure to maintain ORB
The Department of Justice issued a press release stating that a ship owner pleaded guilty in federal court to failure to maintain an accurate oil record book (ORB). The company was sentenced to pay a fine of $350,00 and to three years’ probation. Separately, three individuals and a consulting company have been charged in an oil pollution conspiracy. (8/13/10).
Treasury – Iranian deceptions against sanctions
The US Treasury Department issued a press release highlighting Iran’s use of its national maritime carrier, the Islamic Republic of Iran Shipping Lines (IRISL) and its international shipping industry to evade international economic sanctions. US companies everywhere and foreign doing business in the United States should exercise enhanced vigilance so as to avoid inadvertent violations of US sanctions against Iran. (8/16/10).
Baltimore – Rescue 21 to be inaugurated
The US Coast Guard issued a news release stating that operation of the Rescue 21 advanced search, rescue, and communications system for Sector Baltimore will be inaugurated on August 19. (8/16/10).
TSAC – meetings
The Towing Safety Advisory Committee (TSAC) and its working group on the Revision of Navigation and Vessel Inspection Circular 04-01, sponsored by the US Coast Guard, will meet in Pittsburgh on September 1 and 2Teh focus of the meetings will be possible revision of NVIC 04-01 – Licensing and Manning for Officers of Towing Vessels, but other topics on the agenda include barge fleeting/lighting and lessons learned from the T/V Elizabeth M casualty. 75 Fed. Reg. 50774 (August 17, 2010).
USCG – invocation of Sunken Military Craft Act
The US Coast Guard issued a notice stating that the USCG C-130 aircraft CG 1705 that sank off the coast of California on October 29, 2009 is protected by the Sunken Military Craft Act (10 U.S.C. § 113 Note). The wreckage, which is a gravesite and the final resting place for the seven Coast Guard crewmembers, may not be disturbed, removed, or injured. 75 Fed. Reg. 50773 (August 17, 2010).
Chittagong – robbers steal mooring ropes
The ReCAAP Information Sharing Centre issued an Incident Alert stating that a bulk carrier was underway in Chittagong port anchorage A on the night of 15 August when it was boarded by four robbers armed with knives. They stole four mooring ropes. The crew was not injured. (8/15/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 16 August 2010
Headlines: NIC – update on response to Gulf of Mexico oil spill; Attu – Loran tower demolished; USCG – proposed changes to standard numbering system for boats; Great Bay, New Hampshire – RNA; DOT – transportation workplace drug and alcohol testing procedures; Senate – bill introduced to improve offshore energy production safety; Australia – master convicted of failing to report casualty; Canada – processing of migrants onboard MV Sun Sea.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
NIC – update on response to Gulf of Mexico oil spill
The National Incident Command (NIC) issued a news release stating that drilling of the relief well has resumed following passage of inclement weather. Elsewhere, crews continue to respond when oil comes ashore along the Gulf coast. (8/13/10).
Attu – Loran tower demolished
The US Coast Guard issued a news release stating that the 625-foot tower at Loran Station Attu, at the western end of the Aleutian Islands, has been demolished. The station’s participation in the US Loran system ceased on February 8 and its Russian-American signal ceased on August 1. (8/13/10).
USCG – proposed changes to standard numbering system for boats
The US Coast Guard is reopening, through October 15, the period within which to submit comments on its proposed changes to Standard Numbering System, Vessel Identification System, and Boating Accident Report Database. 75 Fed. Reg. 49869 (August 16, 2010).
Great Bay, New Hampshire – RNA
The US Coast Guard is establishing, through October 31, a temporary regulated navigation area (RNA) on navigable waters near Great Bay, New Hampshire while the New Hampshire Department of Environmental Services conducts boom deployments to test the effectiveness of oil spill response strategies. Comments on this temporary rulemaking should be submitted by September 15. 75 Fed. Reg. 49843 (August 16, 2010).
DOT – transportation workplace drug and alcohol testing procedures
The Department of Transportation (DOT) is amending certain provisions of its drug testing procedures dealing with laboratory testing of urine specimens. Some of these changes will also affect the training of and procedures used by Medical Review Officers. The amendments come into effect on October 1. 75 Fed. Reg. 49850 (August 16, 2010).
Senate – bill introduced to improve offshore energy production safety
Senator Landrieu (D-LA) introduced the Restoring Ecosystem Sustainability and Protection on the Delta Act (S. 3763) to improve safety and preparedness surrounding offshore energy production and to respond to the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment, and for other purposes. (8/5/10).
Australia – master convicted of failing to report casualty
The Australian Maritime Safety Authority (AMSA) issued a media release stating that the master of a foreign bulk carrier pleaded guilty to and was convicted of six charges of failing to report as soon as practicable a defect in the ship or its boilers, machinery, or equipment that had affected or was likely to affect the seaworthiness or safety of the ship. He was fined AUS$18,000. The ship is now anchored within the Port of Cairns. (8/13/10).
Canada – processing of migrants onboard MV Sun Sea
The Canada Border Services Agency (CBSA) issued a statement discussing its processing of the more than 450 migrants onboard the MV Sun Sea, which was escorted to port on Vancouver Island. (8/14/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 13 August 2010
Headlines: TRB – meeting on technical aspects of Gulf oil spill; USCG – Goethals Bridge Replacement Project FEIS; USCG – technical amendments re bridge regulations; USCG – members sought for NAVSAC; USCG – OPA 90 limits of liability information collection; RITA – Distracted Driving Summit; MARAD – approval process for foreign transfer of US vessels – update; Senate – bill introduced to amend maritime liability laws; House – bill introduced to establish National Commission; Court – EFTs not subject to attachment; Australia – alternative to drilling moratorium; Canada – boarding of ship carrying illegal aliens; and UK – report on tank barge buckling.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
TRB – meeting on technical aspects of Gulf oil spill
The Transportation Research Board (TRB) of the National Academies is hosting a meeting of the NAE/NRC Committee Analyzing Technical Aspects of Gulf Oil Spill. The meeting is being conducted in Washington, DC on August 12 and 13. (8/12/10).
USCG – Goethals Bridge Replacement Project FEIS
The US Coast Guard is seeking comments on the Final Environmental Impact Statement (FEIS) for the Goethals Bridge Replacement Project. Plans call for replacement of the 82-year old Goethals Bridge across Arthur Kill between Staten Island and Elizabeth, New Jersey with a cable-stayed bridge with a minimum air draft of 135 feet above mean high water. Comments should be submitted by September 13. 75 Fed. Reg. 49504 (August 13, 2010).
USCG – technical amendments re bridge regulations
The US Coast Guard is making various technical and conforming amendments to its bridge regulations. These non-substantive amendments come into effect immediately. 75 Fed. Reg. 49408 (August 13, 2010).
USCG – members sought for NAVSAC
The US Coast Guard is seeking applications for membership on the Navigation Safety Advisory Committee (NAVSAC). The Committee advises the Coast Guard on issues related to navigation safety, including rules of the road, routing measures, and aids to navigation. Applications should be submitted by September 13. 75 Fed. Reg. 49508 (August 13, 2010).
USCG – OPA 90 limits of liability information collection
The US Coast Guard issued a notice stating that the information collection provisions of its 2009 regulation amending the Oil Pollution Act of 1990 (OPA 90) limits of liability for vessels and deepwater ports have been approved by the Office of Management and Budget (OMB). 75 Fed. Reg. 49411 (August 13, 2010).
RITA – Distracted Driving Summit
The Research and Innovative Technology Administration (RITA) issued a notice stating that it will hold a Distracted Driving Summit in Washington, DC on September 21. 75 Fed. Reg. 49550 (August 13, 2010).
MARAD – approval process for foreign transfer of US vessels – update
The Maritime Administration (MARAD) posted a notice stating that it is changing its approval process for the Request for Transfer of Ownership, Registry, and Flag, or Charter, Lease, or Mortgage of U.S. documented vessels (MA-29) to include notification to the Environmental Protection Agency (EPA) of the request. This notice was to advise applicants of the potential processing delay so that they can factor it into their business plans. (8/10/10). Update: The Foreign Transfer Notice referred to in my previous newsletter was only posted on the MARAD website for a short period, but long enough for me to download. It was soon replaced by the standard notice, from which the mention of the EPA notification had been omitted. This development is curious because it is an open secret that MARAD now routinely notifies the EPA of vessel transfer applications received.
Senate – bill introduced to amend maritime liability laws
Senator Rockefeller (D-WV) introduced the Fairness in Admiralty and Maritime Law Act (S. 3755) to ensure fairness in admiralty and maritime law and for other purposes. If enacted into law, the bill would, among other things, amend the 1851 Limitation of Liability Act to provide that claims for wages, personal injury, or death would not be subject to limitation. It would also amend the Death on the High Seas Act and the Jones Act to allow recovery of nonpecuniary damages. (8/5/10).
House – bill introduced to establish National Commission
Representative Cassidy (R-LA) introduced a bill (H.R. 6094) to establish the National Commission on Outer Continental Shelf Oil Spill Prevention. (8/10/10).
Court – EFTs not subject to attachment
The US Court of Appeals for the Second Circuit ruled that electronic fund transfers (EFTs) are not property subject to attachment under Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims. Scanscot Shipping Services v. Metales Tracomex, No. 09-5280-cv (2nd Cir., August 12, 2010).
Australia – alternative to drilling moratorium
The Honorable Martin Ferguson, Member of Parliament and Australian Minister for Resources and Energy, issued a media release explaining the Australian Government’s response to the recent blowout on the Montara offshore oil rig. While awaiting finalization of the investigation into the incident, the Government has required the operator of the Montara platform to put into place additional safety measures to ensure the integrity to the five remaining wells at that site. The operator has also been required to provide an action plan setting out how they intend to deal with the key issues raised in evidence presented to the Montara Commission of Inquiry. (8/11/10).
Canada – boarding of ship carrying illegal aliens
Public Safety Canada issued a news release stating that members of the Royal Canadian Mounted Police (RCMP), supported by the Canadian Forces and the Canadian Border Services Agency, boarded the foreign vessel Sun Sea in Canadian territorial waters near Vancouver Island. Evidence indicates that the vessel is engaged in human smuggling, attempting to bring illegal aliens to Canada. Those persons on board will be processed under Canadian law. (8/13/10). Note: Unofficial reports indicate that the vessel may be carrying up to 500 Tamil refugees from Sri Lanka.
UK – report on tank barge buckling
The UK Marine Accident Investigation Branch (MAIB) issued the summary of its Preliminary Examination of the catastrophic failure of the hull of a dumb tank barge in Liverpool on July 19, 2010. The barge, built in 1955, was being used as a floating oil storage vessel. While the barge was subjected to annual surveys, these did not examine basic stability or bending moment issues. It is probable that the structural failure resulted from long-term fatigue compounded by the distribution of cargo, which would have induced a near maximum bending moment with the barge in a sagged condition. There were no written procedures for the loading or discharge of the barge’s cargo. (8/12/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 12 August 2010
Headlines: NIC – fifth bill sent to responsible parties; MARAD – America’s Marine Highway grant availability; NOAA – coral reef conservation grant guidelines; NTSB – recommendations to USCG on use of cell phones; USCG – summary of Maritime Labour Convention, 2006; SLSDC – Milwaukee earns award for increase in tonnage; House – bill introduced to establish National Commission; Court – LHWCA “last exposure” rule; and Singapore – update on UN Security Council sanctions re Iran.
Bryant’s Maritime Consulting - 4845 SW 91st 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. Please avoid interrupting me with facts.
NIC – fifth bill sent to responsible parties
The National Incident Command (NIC) issued a news release stating that it sent the fifth bill, totaling $167.9 million, to BP and other responsible parties for response and recovery operations relating to the Gulf of Mexico oil spill. (8/11/10).
MARAD – America’s Marine Highway grant availability
The Maritime Administration (MARAD) issued a notice stating that grant funding is available for projects under the America’s Marine Highway program. Eligible include new waterborne transportation services or expansions of existing services operating between US ports or between US ports and ports in Canada in the Great Lakes-Saint Lawrence Seaway. Grant applications must be received by 5 pm ET, August 27. 75 Fed. Reg. 49017 (August 12, 2010). In conjunction with the Federal Register notice, MARAD issued a news release announcing the selection of marine highway corridors and an initial eight projects and six initiatives along with the corridors that will be eligible for federal assistance under the program.
NOAA – Coral reef conservation grant guidelines
The National Oceanic and Atmospheric Administration (NOAA) posted its revised Grant Program Implementation Guidelines for the Coral Reef Conservation Program. The revised guidelines are effective immediately. 75 Fed. Reg. 48934 (August 12, 2010).
NTSB – recommendations to USCG on use of cell phones
The National Transportation Safety Board (NTSB) issued a news release stating that it has issued two recommendations to the US Coast Guard regarding use of cell phones and similar wireless devices while operating vessels. The NTSB is investigating two marine accidents (in Charleston and San Diego) where crewmembers on Coast Guard patrol boats involved in collisions had been using cellular telephones while underway to engage in text-messaging activities or conversations that were unrelated to vessel operations or the mission at hand. The NTSB recommends that the Coast Guard develop and implement national and local policies on use of cell phones and other wireless devices on its vessels. The NTSB also recommends that the Coast Guard issue a safety advisory to the marine community promoting awareness of the risk posed by use of cell phones and other wireless devices while operating vessels and encourage the voluntary development of operational policies to address the risk. The NTSB has not yet determined the probable causes of the accidents that it is currently investigating. (8/11/10). The US Coast Guard issued a news release stating that it issued guidance to its personnel on July 16 prohibiting use of these devices by operators of Coast Guard boats. It is reviewing the NTSB recommendations. (8/11/10).
USCG – summary of Maritime Labour Convention, 2006
On August 24, 2009, the US Coast Guard and the Maritime Administration (MARAD) hosted an informational meeting to discuss the content of the Maritime Labour Convention, 2006. The Coast Guard has now made available its summary of the MLC 2006. (8/10/10).
SLSDC – Milwaukee earns award for increase in tonnage
The Saint Lawrence Seaway Development Corporation (SLSDC) issued a news release stating that the Robert L. Lewis Pacesetter Award has been presented to the Port of Milwaukee for its 22% increase in international tonnage during the 2009 navigation season. (8/11/10).
House – bill introduced to establish National Commission
Representative Cassidy (R-LA) introduced a bill (H.R. 6094) to establish the National Commission on Outer Continental Shelf Oil Spill Prevention. Official text of the bill is not yet available. (8/10/10).
Court – LHWCA “last exposure” rule
The US Court of Appeals for the Fifth Circuit affirmed the award of benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA). It found that the “last exposure” rule applied even though the insurer in this instance was a state entity standing in the place of a private insurance company that had become insolvent. Louisiana Insurance Guaranty Association v. Director, Office of Workers’ Compensation Programs, No. 09-60509 (5th Cir., August 10, 2010).
Singapore – update on UN Security Council sanctions against Iran
The Singapore Maritime and Port Authority (MPA) issued a circular providing an update on United Nations (UN) Security Council economic sanctions imposed on the Islamic Republic of Iran. (8/11/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010
Bryant’s Maritime Blog – 11 August 2010
Headlines: White House – meeting with BP executives; MARAD – approval process for foreign transfer of US vessels; USCG – Sector Columbia River; WHO – H1Ni virus in post-pandemic period; New Zealand – proposed amendment to Safe Ship Management system; and Panama Canal – July operations summary.
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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. Please avoid interrupting me with facts.
White House – meeting with BP executives
The White House issued a press release stating that senior Administration officials met with BP executives to discuss a range of issues regarding ongoing cleanup and recovery efforts in the Gulf of Mexico. They impressed upon BP the importance of the commitment to long-term recovery. (8/9/10).
MARAD – approval process for foreign transfer of US vessels
The Maritime Administration (MARAD) posted a notice stating that it is changing its approval process for the Request for Transfer of Ownership, Registry, and Flag, or Charter, Lease, or Mortgage of U.S. documented vessels (MA-29) to include notification to the Environmental Protection Agency (EPA) of the request. This notice is to advise applicants of the potential processing delay so that they can factor it into their business plans. (8/10/10).
USCG – Sector Columbia River
The US Coast Guard issued a final rule, effective August 16, amending various regulations to reflect the renaming of Sector Portland, Oregon to Sector Columbia River. 75 Fed. Reg. 48564 (August 11, 2010).
WHO – H1N1 virus in post-pandemic period
The World Health Organization (WHO) issued a media release stating that the new H1N1 virus has largely run its course and is now in the post-pandemic period. It is expected to take on the behavior of seasonal influenza virus and continue to circulate for years to come. (8/10/10).
New Zealand – proposed amendment to Safe Ship Management system
Maritime New Zealand issued a notice stating that it proposes to amend the Safe Ship Management (SSM) system so that the approval of SSM organizations will be deemed to constitute a maritime document. Comments on the proposal should be submitted by 20 August. (8/10/10).
Panama Canal – July operations summary
The Panama Canal Authority issued an advisory summarizing its operations during July. It also includes a schedule of planned locks maintenance work for the upcoming year. (8/9/10).
If you have questions regarding the above items, please contact the editor:
Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
dennis.l.bryant@gmail.com
© Dennis L. Bryant – August 2010