Bryant's Maritime Consulting

Bryant’s Maritime Blog – 7 September 2010

admin — Tue, 07 Sep 2010 11:09:53 +0000

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 91^st Way – Gainesville, FL 32608-8135 – USA

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. 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 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog – 3 September 2010

admin — Fri, 03 Sep 2010 11:05:03 +0000

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 91^st Way – Gainesville, FL 32608-8135 – USA

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

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 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog – 2 September 2010

admin — Thu, 02 Sep 2010 10:06:05 +0000

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 91^st Way – Gainesville, FL 32608-8135 – USA

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

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 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog – 1 September 2010

admin — Wed, 01 Sep 2010 10:02:09 +0000

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 91^st Way – Gainesville, FL 32608-8135 – USA

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

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 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog – 31 August 2010

admin — Tue, 31 Aug 2010 10:48:24 +0000

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 91^st Way – Gainesville, FL 32608-8135 – USA

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

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 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog – 30 August 2010

admin — Mon, 30 Aug 2010 10:10:28 +0000

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 91^st Way – Gainesville, FL 32608-8135 – USA

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

DOJ – Somali 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 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog – 27 August 2010

admin — Fri, 27 Aug 2010 10:21:11 +0000

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 91^st Way – Gainesville, FL 32608-8135 – USA

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

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 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

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Bryant’s Maritime Blog – 26 August 2010

admin — Thu, 26 Aug 2010 10:43:37 +0000

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 91^st Way – Gainesville, FL 32608-8135 – USA

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

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 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog – 25 August 2010

admin — Wed, 25 Aug 2010 10:15:51 +0000

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 91^st Way – Gainesville, FL 32608-8135 – USA

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

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 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog – 24 August 2010

admin — Tue, 24 Aug 2010 10:07:36 +0000

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 91^st Way – Gainesville, FL 32608-8135 – USA

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

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 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution