Bryant's Maritime Consulting

Bryant’s Maritime Blog – 17 May 2013

admin — Fri, 17 May 2013 11:07:40 +0000

Headlines:

USCG – Arctic Shield 2013;

Los Angeles – oil spill response drill;

USCG – deficiencies observed on UTVs;

SHC – meeting;

USCG – new categorical exclusion proposed;

Court – safe berth warranty; and

Australia – emergency towage and ATON maintenance.

May 17, 2013

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Don’t play with verbs, they can bite.

USCG – Arctic Shield 2013

The US Coast Guard issued a news release stating that it has initiated Arctic Shield 2013, an annual exercise to increase maritime domain awareness of and Coast Guard presence in Arctic waters. The icebreakers Polar Star and Healy, along with a National Security Cutter, are being deployed. Outreach programs will be conducted with native Alaskans. (5/16/13).

Los Angeles – oil spill response drill

The US Coast Guard issued a news release stating that a National Preparedness Response Exercise Program (NPREP) oil spill response drill was conducted in Los Angeles on 14 May. Nearly 250 first responders from federal, state, and local agencies, as well as the private sector and volunteer organizations, participated. (5/16/13).

USCG – deficiencies observed on UTVs

The US Coast Guard posted the Top 10 Deficiencies observed by Coast Guard field personnel while examining uninspected towing vessels (UTVs) under the Towing Vessel Bridging Program and through other activities. (5/16/130.

SHC – meeting

The Shipping Coordinating Committee (SHC), sponsored by the Department of State (DOS), will meet in Washington, DC on 6 June to prepare for an upcoming session of the IMO Marine Safety Committee (MSC 91). Topics on the agenda include: making the Polar Code mandatory; piracy; and maritime security. 78 Fed. Reg. 29201 (May 17, 2013).

USCG – new categorical exclusion proposed

The US Coast Guard proposes to amend administrative directives used to comply with the National Environmental Policy Act (NEPA) by establishing a new categorical exclusion (CATEX) for real property disposal undertaken by the Coast Guard. Comments on the proposal should be submitted by 17 June. 78 Fed. Reg. 29145 (May 17, 2013).

Court – safe berth warranty

The US Court of Appeals for the Third Circuit ruled that a vessel and its owner are implied beneficiaries of the safe berth warranty in a contract between a charterer and a terminal owner and that the named port exception does not apply to hazards that are unknown to the parties and not reasonably foreseeable. In the instant case, an oil tanker with a cargo of heavy crude oil struck an abandoned anchor in the Delaware River approximately 900 feet off its assigned berth at defendant’s refinery in Paulsboro, New Jersey. The ship was holed and spilled approximately 263,000 gallons of its cargo. The ship owner brought suit to recover its damages and the federal government joined the suit to recover its expenses related to the oil spill response. United States v. Citgo Asphalt Refining Company, No. 11-2577 (3rd Cir., May 16, 2013).

Australia – emergency towage and ATON maintenance

The Australian Maritime Safety Authority (AMSA) issued a media release stating that it is seeking offers for provision of emergency towing services and for provision of aids to navigation maintenance in Far North Queensland, including the Torres Strait and the northern Great Barrier Reef. Offers must be received by 18 July. (5/16/13).

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Dennis L. Bryant

Bryant’s Maritime Consulting

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

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog – 16 May 2013

admin — Thu, 16 May 2013 10:58:35 +0000

Headlines:

USCG – safety management systems on OCS vessels;

NY/NJ – Bayonne Bridge EA;

DOD – NMIO Technical Bulletin;

House – bill introduced re fire-retardant materials;

House – bill introduced re offshore leasing;

Senate – bill introduced to modify OSLTF;

Senate – forum on next applications for natural gas;

Arctic Council – oil pollution agreement;

GNSS – impact of increased sunspot activity; and

Singapore – illegal bunkering activity.

May 16, 2013

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

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

USCG – safety management systems on OCS vessels

The US Coast Guard has submitted for review by the Office of Management and Budget (OMB) a document entitled “Safety Management Systems on OCS vessels”. Review normally takes 3-4 months. (5/14/13). Note: This item was brought to my attention by my good friend Alan Spackman of the International Association of Drilling Contractors.

NY/NJ – Bayonne Bridge EA

The US Coast Guard issued a notice stating that the final environmental assessment (EA) for the proposed modification of the Bayonne Bridge across the Kill Van Kull between Bayonne, New Jersey and Staten Island, New York has been completed, along with a finding of no significant impact (FONSI). 78 Fed. Reg. 28873 (May 16, 2013).

DOD – NMIO Technical Bulletin

The National Maritime Intelligence-Integration Office (NMIO) posted the latest edition of its Technical Bulletin. This edition has articles addressing, among other things, maritime cyber-security and the hunt for dark targets (those not transmitting on AIS). (April 2013).

House – bill introduced re fire-retardant materials

Representative Chabot (R-OH) introduced a bill (H.R. 1961) to amend title 46, United States Code, to extend the exemption from the fire-retardant materials construction requirement for vessels operating within the Boundary Line. Official text of the bill is not yet available. (5/14/13).

House – bill introduced re offshore leasing

Representative Lamborn (R-CO) introduced a bill (H.R. 1965) to streamline and ensure onshore energy permitting, provide for onshore leasing certainty, and give certainty to oil shale development for American energy security, economic development, and job creation, and for other purposes. Official text of the bill is not yet available. (5/14/13).

Senate – bill introduced to modify OSLTF

Senator Reed (D-RI) introduced a bill (S. 953) to amend the Higher Education Act of 1965 to extend the reduced interest rate for undergraduate Federal Direct Stafford Loans, to modify required distribution rules for pension plans, to limit earnings stripping by expatriated entities, to provide for modifications related to the Oil Spill Liability Trust Fund, and for other purposes. Official text of the bill is not yet available. (5/14/13).

Senate – forum on next applications for natural gas

The Senate Committee on Energy and Natural Resources conducted a forum on the next applications for natural gas, focusing on increased use of natural gas in the transportation sector. (5/14/13).

Arctic Council – oil pollution agreement

The Department of State (DOS) posted the Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic, signed by representatives of the eight nations party to the Arctic Council. Under the agreement, each nation is obligated to maintain a national system for responding promptly and effectively to oil pollution incidents and coordinate and cooperate with each other as appropriate. Secretary of State John Kerry represented the United States at the meeting of the Arctic Council in Kiruna, Sweden. The parties also issued a Declaration summarizing the Ministerial Meeting. China, India, Italy, Japan, Singapore, and South Korea were accorded Permanent Observer status. (5/15/13).

GNSS – impact of increased sunspot activity

The UK Maritime and Coastguard Agency (MCA) issued a Marine Information Note advising the maritime community that availability of Global Navigation Satellite Systems (GNSSs) may be adversely affected during the current increase in sunspot activity. The predicted peak in such activity is occurring now, but may last through 2015. MIN 453 (M+F) (3/31/13). Note: This item was brought to my attention by my friend Sean Stokes of Oceaneering International.

Singapore – illegal bunkering activity

The Singapore Maritime and Port Authority (MPA) issued a news release stating that four persons are being charged with corrupt practices for conspiring to engage in illegal bunkering activity. (5/15/13).

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Dennis L. Bryant

Bryant’s Maritime Consulting

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

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog – 15 May 2013

admin — Wed, 15 May 2013 11:04:26 +0000

Headlines:

Illinois River – temporary safety zone;

MERPAC – working group meeting;

USCG – CGSIC meeting;

NTSB – accident report re bridge allision;

NTSB – accident brief re shipboard fire;

MARAD – draft ship disposal solicitation;

Gulf of Mexico – gas hydrate research;

NOAA – draft EIS re Steller sea lion;

USN – first catapult launch of unmanned aircraft;

Indian Ocean – pirate threat continues;

Australia – new standards for Australian seafarers; and

India – coastal security.

May 15, 2013

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

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

Illinois River – temporary safety zone

The US Coast Guard established a temporary safety zone on the Illinois River from Mile Marker 231.0 to Mile Marker 271.4 due to salvage and recovery operations in the vicinity of the Marseilles Dam. The safety zone will remain in effect until 30 June. 78 Fed. Reg. 28495 (May 15, 2013).

MERPAC – working group meeting

A working group of the Merchant Marine Personnel Advisory Committee (MERPAC), sponsored by the US Coast Guard, will meet in Washington, DC on 11-12 June to work on Task Statement 83, entitled “Development of competency requirements to meet the provisions of Table A-III/2 of the Convention on Standards of Training, Certification and Watchkeeping (1978), as amended (STCW), for personnel working on small vessels with high horsepower”. 78 Fed. Reg. 28602 (May 15, 2013).

USCG – CGSIC meeting

The US Coast Guard posted a notice stating that the 53rd meeting of the Civil Global Positioning System Interface Committee (CGSIC) will be held in Nashville on 16-17 September. The agency also posted the draft agenda. (5/14/13).

NTSB – accident report re bridge allision

The National Transportation Safety Board (NTSB) issued a Marine Accident Report of its investigation of the 2012 allision of the M/V Delta Mariner with the Eggner’s Ferry Bridge in Kentucky. It determined that the incident was caused by the reliance of the vessel’s bridge team on the independent contract pilot who provided incorrect navigational direction. Contributing factors included the failure of deck officers on the vessel to use all available navigation tools to verify the vessels position and proper route under the bridge; the failure of the crew to prepare an adequate detailed passage plan; and, the lack of effective management and oversight of the bridge lighting system. MAR 13-02 (5/14/13).

NTSB – accident brief re shipboard fire

The National Transportation Safety Board (NTSB) released the Marine Accident Brief relating to a fire aboard the vehicle carrier Alliance Norfolk on 10 March 2012 in the Mediterranean Sea between Malta and Sicily. During the voyage, the ship encountered heavy weather and experienced 30 to 35 degree rolls. Some large engines and other cargo on one deck shifted and were thrown against each other and the main deck supports. A fire broke out, which was extinguished by activation of the fixed carbon dioxide fire extinguishing system. Two days later, while in port, the cargo deck was ventilated and a reflash occurred. That second fire was also extinguished. MAB 13-05 (5/10/13).

MARAD – draft ship disposal solicitation

The Maritime Administration (MARAD) released its draft Ship Disposal Solicitation for disposal of obsolete government vessels. Comments on the 129-page draft must be submitted by 28 May. (5/13/13). Note: This item was brought to my attention by my friend Polly Parks of Southern Recycling-EMR.

Gulf of Mexico – gas hydrate research

The Bureau of Ocean Energy Management (BOEM) issued a press release stating that it, the US Geological Survey, and the Department of Energy completed a 15-day research expedition in the northern Gulf of Mexico, obtaining the best-ever high-resolution seismic data and imagery of sediments with high saturations of gas hydrates. Gas hydrates, consisting primarily of methane, are potentially a significant energy source. (5/14/13).

NOAA – draft EIS re Steller sea lion

The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that it is seeking comments on the draft environmental impact statement (EIS) regarding proposed measures to protect the Steller sea lion while reducing economic impact on the fishing industry in the Bering Sea and Aleutian Islands. Comments should be submitted by 16 July. (5/14/13).

USN – first catapult launch of unmanned aircraft

The US Navy issued a news release stating that the X-47B unmanned combat air system demonstrator was catapult launched from the aircraft carrier USS George H.W. Bush (CVN 77) in the Atlantic Ocean off the coast of Virginia for the first time. After launch, the unmanned aircraft executed several planned low approaches to the carrier before landing at Naval Air Station Patuxent River. (5/14/13).

Indian Ocean – pirate threat continues

The EU NAVFOR issued a press release stating that, even though it has been a full year since the last successful hijacking by Somali pirates, seafarers transiting the high risk area must remain on alert as the pirates continue in their efforts to locate easy targets. Nine ships have been attacked in the past years, all unsuccessfully. Two ships and 54 hostages are still held by the Somali pirates. (3/14/13).

Australia – new standards for Australian seafarers

The Australian Maritime Safety Authority (AMSA) issued a media release stating that agreement has been reached on new national standards for domestic commercial vessels covering crew competencies and operations. The new standards will come into effect on 1 July. (5/14/13).

India – coastal security

The Indian Ministry of Defence issued a press release emphasizing the importance of completion of coastal security enhancements. (5/14/13).

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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 – 14 May 2013

admin — Tue, 14 May 2013 11:22:10 +0000

Headlines:

MARAD – David Matsuda to depart;

MARAD – National Maritime Day events;

USCG – IEE Certificates;

USCG – investigation of Kulluk grounding scheduled;

USCG – recreational boating statistics;

Hawaii – southern Oahu tsunami vessel evacuation RNA;

Chukchi Sea – takes of marine mammals during seismic survey;

DOE – Lake Charles carbon capture and sequestration;

WHO – novel coronavirus infection;

EC – Atlantic Action Plan;

India – employment of foreign crew on Indian vessels; and

UK – guidance re maritime passenger rights.

May 14, 2013

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

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

MARAD – David Matsuda to depart

Maritime Administrator David Matsuda issued an announcement stating that he is departing from the Maritime Administration (MARAD), effective later this month. Deputy Administrator Paul Jaenichen will serve as Acting Administrator until a new permanent Maritime Administrator is nominated and confirmed. (5/13/13).

MARAD – National Maritime Day events

The Maritime Administration (MARAD) issued a notice listing events nationwide being held in conjunction with National Maritime Day, 22 May 2013. (5/10/13).

USCG – IEE Certificates

The US Coast Guard published its interim guidance to provide owners and operators of US-flag vessels a means by which to comply with the requirement of MARPOL Annex VI that certain vessels engaged on international voyages carry an International Energy Efficiency (IEE) Certificate until such time as regulations are promulgated. Under the policy, recognized classification societies (RCSs) are authorized to issue IEE Certificates to qualifying US-flag vessels. The guidance also advises that USCG port state control (PSC) examiners will verify that covered foreign vessels calling in US ports have valid IEE Certificates. CG-CVC Policy Letter 13-02 (5/5/13).

USCG – investigation of Kulluk grounding scheduled

The US Coast Guard issued a news release stating that the formal marine casualty investigation in the contributing causes that led to the conical drilling unit Kulluk grounding on Sitkalidak Island, Alaska on 31 December 2012 will commence in Anchorage on 20 May. Technical advisors from the Coast Guard and the Bureau of Safety and Environmental Enforcement (BSEE) will assist. Representatives from the National Transportation Safety Board (NTSB) will participate. (5/13/13).

USCG – recreational boating statistics

The US Coast Guard issued a news release stating that recreational boating fatalities for 2012 totaled 651, the lowest yearly number on record. Complete data may be found in the 2012 Recreational Boating Statistics. (5/13/13).

Hawaii – southern Oahu tsunami vessel evacuation RNA

The US Coast Guard proposes to establish a permanent regulated navigation area (RNA) for emergency evacuation of vessels from southern Oahu harbors during times when a tsunami warning has been issued. Comments on the proposal should be submitted by 13 June. 78 Fed. Reg. 28170 (May 14, 2013).

Chukchi Sea – takes of marine mammals during seismic survey

The National Oceanic and Atmospheric Administration (NOAA) has received an application from Shell Gulf of Mexico Inc. for an Incidental Harassment Authorization (IHA) to take marine mammals by harassment incidental to a marine seismic survey program in the Chukchi Sea, Alaska during open water season in 2013. Comments on the application should be submitted by 13 June. 78 Fed. Reg. 28411 (May 14, 2013).

DOE – Lake Charles carbon capture and sequestration

The Department of Energy (DOE) seeks comments on the draft environmental impact statement (EIS) for the Lake Charles Carbon Capture and Sequestration Project. Public meetings will be held in Westlake, Louisiana (4 June) and Pearland, Texas (5 June). Written comments should be submitted by 25 June. 78 Fed. Reg. 28205 (May 14, 2013). Note: This is not a maritime project, but the technology, if successful, is expected to translate into the maritime sector.

WHO – novel coronavirus infection

The World Health Organization (WHO) issued an update concerning the novel coronavirus (NCoV). A second laboratory-confirmed case has occurred in France, where the new patient previously had shared a hospital room with the individual later confirmed to be the first discovered in France. In Saudi Arabia, 15 individuals are confirmed to have contracted the virus, seven of whom have died. Globally, 34 laboratory-confirmed cases have been identified, including 18 deaths. WHO does not advise any special screening points of entry and does not currently recommend any travel or trade restrictions. (5/13/13).

EC – Atlantic Action Plan

The European Commission (EC) issued a press release announcing its Atlantic Action Plan, aiming to show how the EU’s Atlantic Member States, their regions, and the EC can help create sustainable growth in coastal regions and drive forward the “blue economy”. (5/13/13).

India – employment of foreign crew on Indian vessels

The Indian Directorate General of Shipping (DGS) issued a notice stating that it has granted conditional approval to employment of foreign crew on Indian vessels operating in foreign waters. MS Notice 12-2013 (5/10/13).

UK – guidance re maritime passenger rights

The UK Department for Transport (DfT) issued a notice including draft Guidance Notes relating to EU Regulation 1177/2010 on maritime passenger rights. The department welcomes feedback on these documents. (5/13/13).

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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 – 13 May 2013

admin — Mon, 13 May 2013 11:12:51 +0000

Headlines:

White House – National Arctic Strategy;

White House – National Defense Transportation Day and National Transportation Week;

USCG – US vessel voluntary compliance with IEE;

USCG – proposed revision of crane regulations;

USACE – reporting IENC inaccuracies;

EPA – shipbuilder cited for clean air violations;

Senate – bill introduced to define navigable waters;

India – carriage of oil as cargo in OSVs;

India – approval for LNG terminal;

Panama Canal – April operations; and

Panama Canal – water conservation measures.

May 13, 2013

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

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

White House – National Arctic Strategy

The White House issued the National Strategy for the Arctic Region. The federal government coordinated with Alaskan Natives and the State of Alaska in development of the strategy, which calls for stewardship of Arctic resources. Meetings will be held in the near future to develop an implementation plan. (5/10/13). Note: This item was first brought to my attention by my good friend Larry Brennan of Wilson Elser Moskowitz Edelman & Dicker LLP.

White House – National Defense Transportation Day and National Transportation Week

President Barack Obama issued a Proclamation designating 17 May 2013 as National Defense Transportation Day and the week of 12-18 May 2013 as National Transportation Week in recognition of the importance of the Nation’s transportation infrastructure and to acknowledge the contributions of those who build, operate, and maintain it. (5/10/13).

USCG – US vessel voluntary compliance with IEE

The US Coast Guard issued a notice stating that it published a Policy Letter providing guidance for voluntary compliance by US-flag vessels with MARPOL Annex VI International Energy Efficiency (IEE) requirements. Vessels to which MARPOL applies are required to obtain an IEE Certificate. The Coast Guard has not yet promulgated regulations implementing the IEE requirements. In the interim, owners and operators of US-flag vessels may voluntarily obtain IEE Certificates in accordance with the policy letter guidelines. 78 Fed. Reg. 27982 (May 13, 2013). Note: The Policy Letter referred to in the notice has yet to be posted, but should be available by the end of the day.

USCG – proposed revision of crane regulations

The US Coast Guard proposes to revise regulations related to the design, certification, inspection, and testing of cranes installed on mobile offshore drilling units (MODUs), offshore supply vessels (OSVs), and floating outer continental shelf (OCS) facilities. The revision would incorporate updated industry standards and allow use of additional third-party inspectors. Comments on the proposal should be submitted by 12 August. 78 Fed. Reg. 27913 (May 13, 2013).

USACE – reporting IENC inaccuracies

The US Army Corps of Engineers (USACE) has established a website – IENC Chart Reporting System – providing registered users an electronic means to report inaccuracies in and problems with Inland Electronic Navigation Charts (IENCs). This site is intended only for reporting problems with electronic charts. Discrepancies on paper charts should be reported via conventional means. (5/7/13). Note: This item was brought to my attention by my good friend Steven Jevnisek of Great Lakes Dredge & Dock Company.

EPA – shipbuilder cited for clean air violations

The Environmental Protection Agency (EPA) issued a news release stating that a Rhode Island shipbuilder has agreed to pay a $24,000 penalty and spend at least $230,000 on a clean air project to resolve EPA claims that its facility violated both federal and state clean air regulations. (5/10/13).

Senate – bill introduced to define navigable waters

Senator Paul (R-KY) introduced the Defense of Environment and Property Act of 2013 (S. 890) to clarify the definition of navigable waters, and for other purposes. (5/7/13).

India – carriage of oil as cargo in OSVs

The Indian Directorate General of Shipping (DGS) issued a circular regarding carriage of oil as cargo in offshore supply/support vessels and applicability of provisions of MARPOL Annex I. Engineering Circular 4-2013 (5/9/13).

India – approval for LNG terminal

The Indian Ministry of Shipping issued a press release stating that the Union Cabinet has given its approval for leasing of land at Ennore Port near Chennai for construction of a liquefied natural gas (LNG) storage and regasification terminal. (5/9/13).

Panama Canal – April operations

The Panama Canal Authority issued an advisory summarizing Canal operations for April. It also includes the schedule of locks maintenance outages for the remainder of the fiscal year. Advisory 10-2013 (5/8/13).

Panama Canal – water conservation measures

The Panama Canal Authority issued an advisory stating that various water conservation measures have been implemented due to the abnormally long dry season and low water levels in Gatun and Madden lakes. Advisory 11-2013 (5/8/13).

Join our mailing list

If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

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

Dennis L. Bryant

Bryant’s Maritime Consulting

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

USA

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

http://brymar-consulting.com

Redistribution permitted with attribution

Bryant’s Maritime Blog – 10 May 2013

admin — Fri, 10 May 2013 10:48:07 +0000

Headlines:

USCG – TWIC reader requirements;

USCG – proposed revision of Auxiliary regulations;

BOEM – Gulf of Mexico PEIS planned;

BSEE – Safety Culture Policy Statement;

FMC – meeting on 15 May;

EPA – diesel emission reduction grants;

FHWA – Tappan Zee Hudson River Crossing Project;

USCG & BSEE – MOA on OCS safety and environmental management;

San Francisco Bay – America’s Cup vessel capsizes;

Columbia River – bridge replacement proposed;

CMTS – Federal Funding Handbook;

OFAC – changes in SDN list;

OFAC – enforcement action;

NTSB – meeting on 14 May;

House – hearing on TWIC program;

IMO – MEPC 65 agenda; and

Hong Kong – emergency wreck removal.

May 10, 2013

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

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

USCG – TWIC reader requirements

The US Coast Guard has extended, through 20 June, the period within which to submit comments on its proposed regulation relating to Transportation Worker Identification Credential (TWIC) reader requirements. 78 Fed. Reg. 27335 (May 10, 2013).

USCG – proposed revision of Auxiliary regulations

The US Coast Guard proposes to revise and update the regulations relating to the US Coast Guard Auxiliary. Comments on the proposal should be submitted by 8 August. 78 Fed. Reg. 27321 (May 10, 2013).

BOEM – Gulf of Mexico PEIS planned

The Bureau of Ocean Energy Management (BOEM) issued a notice stating that it intends to prepare a Programmatic Environmental Impact Statement (PEIS) to evaluate potential environmental effects of multiple geological and geophysical (G&G) activities in outer continental shelf (OCS) waters of the Gulf of Mexico. The PEIS will be prepared in cooperation with the National Marine Fisheries Service (NMFS). Public scoping meetings will be held in Tampa (10 June); Fort Walton Beach (11 June); Mobile (12 June); Gulfport (13 June); Galveston (17 June); New Orleans (19 June); and Silver Springs, Maryland (20 June). Written comments should be submitted by 24 June. 78 Fed. Reg. 27427 (May 10, 2013). BOEM issued a press release discussing this initiative.

BSEE – Safety Culture Policy Statement

The Bureau of Safety and Environmental Enforcement (BSEE) issued its Safety Culture Policy Statement. The Statement lays out nine characteristics of a robust safety culture and informs the offshore community of the Bureau’s safety expectations without creating any additional regulatory requirements. 78 Fed. Reg. 27419 (May 10, 2013).

FMC – meeting on 15 May

The Federal Maritime Commission (FMC) issued a notice stating that the Commissioners will meet in Washington, DC on 15 May. Matters to be considered include the draft FY 2014-2018 Strategic Plan and licensing, financial responsibility requirements, and general duties for ocean transportation intermediaries (OTIs). 78 Fed. Reg. 27389 (May 10, 2013).

EPA – diesel emission reduction grants

The Environmental Protection Agency (EPA) issued a news release stating that it is making up to $9 million available for 2013 diesel emission reduction grants. Projects that can reduce air pollution from, among other things, older marine engines, are eligible for consideration. Proposals must be received by 25 June. (5/9/13).

FHWA – Tappan Zee Hudson River Crossing Project

The Federal Highway Administration (FHWA) issued a notice of final agency actions on the Tappan Zee Hudson River Crossing Project. Actions taken by the US Army Corps of Engineers (USACE) and the US Coast Guard relating to this project are now final. A claim seeking judicial review of the federal agency actions on the project will be barred unless the claim is filed on or before 7 October. 78 Fed. Reg. 27473 (May 10, 2013).

USCG & BSEE – MOA on OCS safety and environmental management

The US Coast Guard issued a news release and the Bureau of Safety and Environmental Enforcement (BSEE) issued a press release stating that the two agencies entered into a Memorandum of Agreement (MOA) on joint efforts related to safety and environmental management on the US outer continental shelf (OCS). (5/9/13). Note: This item was brought to my attention by my good friend Alan Spackman of the International Association of Drilling Contractors.

San Francisco Bay – America’s Cup vessel capsizes

The US Coast Guard issued a news release stating that a Swedish vessel participating in the America’s Cup events on San Francisco Bay capsized. The twelve individuals on board were taken out of the water by support vessels and one was transported to the hospital. (5/9/13). Note: Unofficial reports state that the hospitalized individual has died of his injuries.

Columbia River – bridge replacement proposed

The US Coast Guard issued a news release stating that it received an application from the Oregon Department of Transportation proposing replacement of the highway bridge between Astoria, Oregon and Warrington, Washington near the mouth of the Columbia River. Comments on the proposal should be submitted by 9 June. (5/9/13).

CMTS – Federal Funding Handbook

The U.S. Committee on the Marine Transportation System (www.cmts.gov) has just made available a Federal Funding Handbook for MTS Infrastructure, a single go-to source of recent (FY2012) and current funding programs for Marine Transportation System stakeholders. It includes over 50 Federal funding programs from at least 15 Departments and agencies. Also on the CMTS web site (right hand tab) is a Transportation Infrastructure Funding Map that showcases where the Federal Government previously invested in MTS-related infrastructure. It specifically emphasizes the importance of the inland waterway system as part of the Nation’s overall freight transportation system. The various data sets and background layers can be toggled on or off, and each dot or line on the map can be clicked to obtain more detailed information about that specific location. (5/9/13).

OFAC – changes to SDN list

The Office of Foreign Assets Control (OFAC) notice stating that various changes have been made to the Specially Designated Nationals (SDN) list, including the addition of various vessels owned or controlled by Iranian interests. (5/9/13).

OFAC – enforcement action

The Office of Foreign Assets Control (OFAC) issued a notice stating that the American Steamship Owners Mutual Protection and Indemnity Association, Inc. has agreed to remit $348,000 to settle potential liability for 55 apparent violations of various economic sanction regulations. The apparent violations were determined to be non-egregious. (5/9/13).

NTSB – meeting on 14 May

The National Transportation Safety Board (NTSB) posted a notice stating that on 14 May the Board will meet in Washington, DC to consider the accident investigation report regarding the allision of the MV Delta Mariner with the Eggner’s Ferry Bridge that occurred on 26 January 2012. There was property damage, but no personal injury and no report of pollution. (5/9/13).

House – hearing on TWIC program

The Subcommittee on Government Operations of the House Committee on Oversight and Government Reform conducted a hearing on Federal Government Approaches to Issuing Biometric IDs. Mr. Stephen Sadler, Transportation Security Administration (TSA) testified concerning many of the challenges involved in the Transportation Worker Identification Credential (TWIC) project. Mr. Stephen Lord, Government Accountability Office (GAO) testified that the TWIC reader pilot test results are unreliable and that the security benefits of the TWIC program should be reassessed. The committee issued a press release asserting that the TWIC card is flawed, the pilot program is a failure, and that the TSA has wasted a half billion dollars. (5/9/13).

IMO – MEPC 65 agenda

The IMO issued a news release summarizing the agenda for the upcoming session of the Marine Environment Protection Committee (MEPC 65), which meets in London on 13-17 May. Among other things, the session will consider energy efficiency measures, ballast water management systems, and biofouling guidelines. (5/9/13).

Hong Kong – emergency wreck removal

The Hong Kong Marine Department issued a notice stating that, for approximately 30 weather working days, emergency wreck removal work will be carried out in waters between the East Lamma Channel and Beaufort Island. Mariners in the vicinity should exercise caution. Marine Notice 55-2013 (5/9/13).

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Dennis L. Bryant

Bryant’s Maritime Consulting

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Gainesville, FL 32608-8135

USA

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http://brymar-consulting.com

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Bryant’s Maritime Blog – 9 May 2013

admin — Thu, 09 May 2013 11:57:56 +0000

Headlines:

Illinois River – safety zone;

Kauai – danger zone proposed;

USACE – Tyndall AFB restricted area proposal;

Gulfport – modification of port expansion project;

FMC – meeting on 15 May;

BSEE – deepwater well containment exercise;

House – bill introduced re fill material;

Senate – bill introduced re water permits;

Senate – bill introduced to define navigable waters;

GAO – TWIC reader pilot test results unreliable;

EMSA – HNS response capabilities;

Canada – alignment of air emissions standards;

Hong Kong – shallow spot found;

India – facilitation of investment in port projects;

New Zealand – International Lifejacket Wear Principles;

Singapore – crossing the TSS during hours of darkness; and

USCG – marine casualty reporting – errata.

May 9, 2013

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

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

Illinois River – safety zone

The US Coast Guard promulgated a temporary rule establishing a safety zone on the Illinois River from Mile Marker 187.2 to Mile Marker 285.9 due to extreme high water conditions. The rule will remain in effect until 31 May. 78 Fed. Reg. 27033 (May 9, 2013).

Kauai – danger zone proposed

The US Army Corps of Engineers (USACE) proposes to establish a new danger zone in waters of the Pacific Ocean off the Kekaha Range Facility, Barking Sands, Kauai, Hawaii to protect the public from dangers associated small arms training. Comments on the proposal should be submitted by 10 June. 78 Fed. Reg. 27124 (May 9, 2013).

USACE – Tyndall AFB restricted area proposal

The US Army Corps of Engineers (USACE) proposes to revise the current restricted area regulation and establish six new restricted areas along the Tyndall Air Force Base facility in Florida. Comments on the proposal should be submitted by 10 June. 78 Fed. Reg. 27126 (May 9, 2013).

Gulfport – modification of port expansion project

The US Army Corps of Engineers (USACE) issued a notice stating the Mississippi State Port Authority proposes to modify the its Gulfport Expansion Project through the construction of additional infrastructure. A public scoping meeting will be held in Gulfport on 21 May. Written comments should be submitted by 17 June. 78 Fed. Reg. 27196 (May 9, 2013).

FMC – meeting on 15 May

BSEE – deepwater well containment exercise

The Bureau of Safety and Environmental Enforcement (BSEE) issued a press release stating that the deepwater well containment exercise in the Gulf of Mexico has been successfully completed. (5/7/13).

House – bill introduced re fill material

Representative Pallone (D-NJ) introduced the Clean Water Protection Act (H.R. 1837) to amend the Federal Water Pollution Control Act to clarify that fill material cannot be comprised of waste. (5/6/13).

Senate – bill introduced re water permits

Senator McConnell (R-KY) introduced a bill (S. 861) to amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new and renewal permits, and for other purposes. Senator McConnell issued a press release explaining the bill. (5/6/13).

Senate – bill introduced to define navigable waters

Senator Paul (R-KY) introduced a bill (S. 890) to clarify the definition of navigable waters, and for other purposes. Official text of the bill is not yet available. (5/7/13).

GAO – TWIC card reader pilot test unreliable

The Government Accountability Office (GAO) issued a report on the pilot test conducted by the Transportation Security Administration (TSA) of the Transportation Worker Identification Credential (TWIC) card reader. The GAO review showed that the test results were incomplete, inaccurate, and unreliable for informing Congress and for developing a regulation about the readers. The GAO recommends that Congress halt efforts to promulgate a final regulation until the successful completion of a security assessment of the effectiveness of using TWIC. GAO-13-198 (5/8/13). Note: This item was brought to my attention by my good friend John Bennett of Maritime Protective Services, Inc.

EMSA – HNS response capabilities

The European Maritime Safety Agency (EMSA) published an inventory of EU Member State policies and operational response capabilities with regard to hazardous and noxious substance (HNS) marine pollution. (5/8/13).

Canada – alignment of air emissions standards

Transport Canada issued a news release stating that the Government of Canada is adopting strict environmental standards to reduce air emissions from ships navigating in Canadian waters. Among other things, Canada will adopt the North American ECA standards and efforts for Canadian vessels operating in the Great Lakes and St. Lawrence waters to modernize while phasing in strict sulphur oxide standards by 2020. (5/8/13).

Hong Kong – shallow spot found

The Hong Kong Marine Department issued a notice stating that a shallow spot (close to zero depth) has been found in waters west of Siu A Chau Island. Vessels navigating in the vicinity should proceed with caution. Notice 53-2013 (5/8/13).

India – facilitation of investment in port projects

The Indian Ministry of Shipping issued a press release stating that steps have been taken to facilitate investment in port projects, including allowing up to 100% foreign direct investment for port development projects. (5/8/13).

New Zealand – International Lifejacket Wear Principles

Maritime New Zealand issued a media release stating that it has joined with representatives of national boating authorities from Australia, Canada, France, and the United Kingdom as signatory to the International Lifejacket Wear Principles, recognizing the importance promoting the use of lifejackets when boating. (5/8/13).

Singapore – crossing the TSS during hours of darkness

The Singapore Maritime and Port Authority (MPA) issued a circular providing recommendations for vessels crossing the TSS and precautionary areas in the Singapore Strait during hours of darkness. Port Marine Circular 04-2013 (5/7/13).

USCG – marine casualty reporting – errata

In yesterday’s newsletter, I included an item regarding the obligation to report marine casualties to the US Coast Guard both verbally and in writing. I mentioned that the verbal report must be made within 24 hours of the casualty. Certainly, that is the outside limit for relatively minor incidents. The regulation, though, requires that the verbal report be submitted immediately after the addressing of resultant safety concerns. This is particularly important where others may be placed in danger by the casualty or in the event of the spill of a pollutant. Several of my long-suffering readers pointed out the need for clarification, most vocally my good friend Fred Goldsmith of Goldsmith & Ogrodowski, LLC. (5/8/13).

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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 – 8 May 2013

admin — Wed, 08 May 2013 11:35:14 +0000

Headlines:

Beaumont – waterway suitability assessment;

USCG – TWIC reader requirements;

USCG – improved handling of arrival date/time data;

USCG – marine casualty reporting requirements;

House – bill introduced re water permits;

House – bill introduced re fill material;

Senate – bill introduced re water permits;

Senate – inquiries sent to cruise lines;

IMO – reduction of administrative burdens; and

WHO – avian influenza update.

May 8, 2013

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

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

Beaumont – waterway suitability assessment

The US Coast Guard seeks comments on a waterway suitability assessment regarding the proposed expansion of the liquefied hazardous gas (LHG) facility of Martin Operating Partnership LP in Beaumont, Texas. Comments should be submitted by 7 June. 78 Fed. Reg. 26799 (May 8, 2013).

USCG – TWIC reader requirements

The US Coast Guard sent a letter to Representative Bennie Thompson (D-MS) in response to his concern that the public have sufficient opportunity to review and comment on the proposed Transportation Worker Identification Credential (TWIC) Reader Requirements. The letter states that the public comment period will be extended for thirty days. (5/3/13). Note: This item was brought to my attention by my good friend Denise Krepp of KDRKrepp and Associates.

USCG – improved handling of arrival date/time data

The USCG National Vessel Movement Center (NVMC) issued a notice stating that, beginning 14 May, submissions containing invalid or otherwise erroneous arrival date/time data will be rejected, necessitating correction and resubmission. (5/7/13).

USCG – marine casualty reporting requirements

The US Coast Guard issued a bulletin reminding the maritime industry of the obligation to notify the Coast Guard verbally of a marine casualty within 24 hours of the incident and to submit a written marine casualty report within five days. Penalties of up to $27,500 per day of delay may be assessed for failure to report a reportable marine casualty. (5/7/13). Note: This item was brought to my attention by my good friend Richard Wells of the Offshore Marine Service Association.

House – bill introduced re water permits

Representative Capito (R-WV) introduced the Coal Jobs Protection Act of 2013 (H.R. 1829) to amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new and renewal permits, and for other purposes. Representative Capito issued a press release explaining the bill. (5/6/13).

House – bill introduced re fill material

Representative Pallone (D-NJ) introduced a bill (H.R. 1837) to amend the Federal Water Pollution Control Act to clarify that fill material cannot be comprised of waste. (5/6/13).

Senate – bill introduced re water permits

Senate – inquiries sent to cruise lines

The Senate Committee on Commerce, Science & Transportation issued a news release stating that Chairman Jay Rockefeller (D-WV) sent letters to the three largest cruise lines (Carnival, Royal Caribbean, and Norwegian) about their passenger safety, security, and health practices. (5/7/13).

IMO – reduction of administrative burdens

The IMO issued a news release stating that it is seeking widespread input on the administrative burdens that result from compliance with IMO instruments. It is hoping to identify administrative requirements that may have become unnecessary, disproportionate, or obsolete. Through 31 October, comments may be submitted via a dedicated website. (5/7/13).

WHO – avian influenza update

The World Health Organization (WHO) issued a notice stating that two additional laboratory-confirmed cases of human infection with avian influenza A(H7N9) virus have been reported in China. Additionally, five patients reported earlier have died. To date, 130 cases have been reported, including 31 deaths. Authorities in the affected locations continue to implement prevention and control measures. So far, there is no evidence of sustained human-to-human transmission. WHO does not advise special screening at points of entry nor does it recommend that any travel or trade restrictions be applied. (5/7/13).

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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 – 7 May 2013

admin — Tue, 07 May 2013 11:47:41 +0000

Headlines:

NOAA – OEAB members sought;

NOAA – draft five-year R&D plan;

San Francisco Bay – tour boat catches fire;

Los Angeles – NPREP oil spill response exercise;

DOT – small shipyard grants; and

EMSA – newsletter.

May 7, 2013

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

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

NOAA – OEAB members sought

The National Oceanic and Atmospheric Administration (NOAA) has extended, through 6 June, the date by which interested persons should submit applications for membership on the Ocean Exploration Advisory Board (OEAB). The OEAB advises NOAA on matters such as: identification of priority areas that warrant exploration; development and enhancement of technologies for exploring the oceans; managing data and information; and disseminating the results. 78 Fed. Reg. 26614 (May 7, 2013).

NOAA – draft five-year R&D plan

The National Oceanic and Atmospheric Administration (NOAA) seeks comments on its draft Five-Year Research and Development Plan. Comments should be submitted by 3 June. 78 Fed. Reg. 26616 (May 7, 2013).

San Francisco Bay – tour boat catches fire

The US Coast Guard issued a news release stating that fourteen passengers were evacuated from an amphibious tour boat on San Francisco Bay after the boat caught fire. The fire was extinguished and the tour boat was towed back to its pier. The incident is under investigation. (5/6/13).

Los Angeles – NPREP oil spill response exercise

The US Coast Guard issued a news release stating that a National Preparedness Response Exercise Program (NPREP) oil spill response exercise will be held in the Los Angeles area on 14 May. A pre-exercise public outreach event will be conducted in Los Angeles on 13 May. (5/6/13).

DOT – small shipyard grants

The Department of Transportation (DOT) issued a news release stating that financial grants to small US shipyards generate big economic ripples. (5/6/13).

EMSA – newsletter

The European Maritime Safety Agency (EMSA) issued its Newsletter for May 2013. Among other topics, this edition discusses the Integrated Maritime Data Environment (IMDatE), being tested on board a Portuguese Navy vessel as part of Operation Atalanta. Combining several satellite data sources with information on vessels under surveillance and an advanced visualization interface, it provides a maritime picture specifically tailored to the user’s needs. (5/6/13).

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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 – 6 May 2013

admin — Mon, 06 May 2013 11:11:32 +0000

Headlines:

Columbia River – bridge replacement proposal;

Puerto Rico – LNG import terminal proposal;

COAC – meeting;

Methane Hydrate Advisory Committee – meeting;

DOS – CGPCS meeting re Somali piracy;

USCG – updated AMS for ballast water treatment;

DOJ – $1 million in lieu of prosecution;

DOI – agreement re $600 million in Gulf restoration projects;

Senate – bill introduced to amend tax code;

Senate – bill introduced to amend OPA 90;

Senate – bill introduced re discharge of dredged material;

Senate – bill introduced re coral reef conservation;

Court – LHWCA case remanded;

UN – funding to support anti-piracy efforts;

ReCAAP – incident alert;

Denmark – digital applications; and

Forfeiture Act – 6 May 1796.

May 6, 2013

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

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

Columbia River – bridge replacement proposal

The US Coast Guard issued a notice stating that it received a bridge permit application to replace the existing movable I-5 bridge across the Columbia River between Portland, Oregon and Vancouver, Washington with a fixed multi-use bridge – the Columbia River Crossing. The existing bridge provides 178 feet of vertical clearance, while the proposed bridge would provide only 116 feet of vertical clearance. Public meetings on the proposal will be held in Portland (4 June) and Vancouver (5 June). Written comments should be submitted by 20 June. 78 Fed. Reg. 26380 (May 6, 2013).

Puerto Rico – LNG import terminal proposal

The Federal Energy Regulatory Commission (FERC) issued a notice stating that it received an application for authorization to construct and operate a liquefied natural gas (LNG) import terminal (including a 4.1-mile subsea interconnecting pipeline) in the vicinity of Salinas, Puerto Rico. The project would include a non-jurisdictional regasification vessel functioning as the floating storage and regasification unit for the project. Comments should be submitted by 21 May. 78 Fed. Reg. 26341 (May 6, 2013).

COAC – meeting

The Advisory Committee on Commercial Operations of Customs and Border Protection (COAC), sponsored by US Customs and Border Protection (CBP), will meet in Washington, DC on 22 May. Topics on the agenda include Trusted Trade measures, One US Government at the Border, and the Automated Commercial Environment (ACE). 78 Fed. Reg. 26382 (May 6, 2013).

Methane Hydrate Advisory Committee – meeting

The Methane Hydrate Advisory Committee, sponsored by the Department of Energy (DOE), will meet in Washington, DC on 6-7 June. Topics on the agenda include FY 2012 Arctic Production test results; the FY 2013 Methane Hydrate Program activities and plans; and the Methane Hydrate Program strategic direction. 78 Fed. Reg. 26337 (May 6, 2013).

DOS – CGPCS meeting re Somali piracy

The Department of State (DOS) issued a news release stating that the Contact Group on Piracy off the Coast of Somalia (CGPCS) met in New York on 1 May. Participants agreed that while piracy has been reduced dramatically through the concerted efforts of the international community and the Somali people themselves, this positive trend is inherently reversible because the fundamental conditions that permit piracy have not changed. The CGPCS committed to continuing its work to eliminate piracy emanating from Somalia, including by enabling the Federal Government of Somalia to lead an effective and sustainable response to piracy both ashore and at sea, and dealing effectively with such criminal activity by its citizens. (5/1/13).

USCG – updated AMS for ballast water treatment

The US Coast Guard has completed its review of an Alternate Management System (AMS) application submitted by SunRui Marine Equipment Engineering Company, Ltd and has accepted additional SunRui ballast water treatment systems into the AMS program. The Coast Guard issued an updated list of approved Alternate Management Systems for Ballast Water Treatment. (5/1/13).

DOJ – $1 million in lieu of prosecution

The Department of Justice (DOJ) issued a news release stating that the owner of a foreign bulk carrier made a $1 million community service payment as part of a settlement agreement relating to allegations that crew members on the vessel had failed to maintain an accurate oil record book (ORB) as required by law. The payment will be used for conservation efforts in the Gulf of Mexico area and is in lieu of prosecution. (5/22/13). Note: This item was brought to my attention by my good friend Fr. Sinclair Oubre of the Port Arthur International Seafarers Center-Apostleship of the Sea (AOS). Despite caring for the crewmembers of the ship for nine months while the case was being processed, the Seafarers Center-AOS did not share in the distribution of the settlement.

DOI – agreement re $600 million in Gulf restoration projects

The Department of the Interior (DOI) issued a press release stating that the Deepwater Horizon Oil Spill Natural Resource Damage Assessment Trustees and BP reached a preliminary agreement identifying over $600 million in post-oil spill restoration projects. (5/2/13).

Senate – bill introduced to amend tax code

Senator Menendez (D-NJ) introduced the Big Oil Bailout Prevention Trust Fund Act of 2013 (S. 827) to amend the Internal Revenue Code of 1986 to require oil polluters to pay the full cost of oil spills, and for other purposes. Official text of the bill is not yet available, but Senator Menendez issued a press release explaining its purpose. (4/25/13).

Senate – bill introduced to amend OPA 90

Senator Menendez (D-NJ) introduced the Big Oil Bailout Prevention Unlimited Liability Act of 2013 (S. 828) to amend the Oil Pollution Act of 1990 to require oil polluters to pay the full cost of oil spills, and for other purposes. Official text of the bill is not yet available. (4/25/13).

Senate – bill introduced re discharge of dredged material

Senator Manchin (D-WV) introduced the EPA Fair Play Act (S. 830) to amend the Federal Water Pollution Control Act to clarify and confirm the authority of the Environmental Protection Agency to deny or restrict the use of defined areas as disposal sites for the discharge of dredged or fill material. Official text of the bill is not yet available, but Senator Manchin issued a press release explaining its purpose. (4/25/13).

Senate – bill introduced re coral reef conservation

Senator Nelson (D-FL) introduced the Coral Reef Conservation Amendments Act of 2013 (S. 839) to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes. Official text of the bill is not yet available. (4/25/13).

Court – LHWCA case remanded

In an unpublished decision, the US Court of Appeals for the Fourth Circuit reversed an administrative ruling under the Longshore and Harbor Workers’ Compensation Act (LHWCA) and remanded the case for further proceedings. In the instant case, the administrative law judge (ALJ) concluded that the marine services company had failed to meet its burden of presenting suitable alternative employee to the claimant. The court held that the ALJ made findings unsupported by the record and demanded more of the employer than precedent requires. Marine Repair Services v. Fifer, No. 12-1566 (4th Cir., May 2, 2013).

UN – funding to support anti-piracy efforts

The United Nations (UN) issued a press release stating that the UN Trust Fund for the Fight against Piracy approved a package of projects in support of anti-piracy efforts in Somalia and other affected States in the region, including Djibouti, Ethiopia, Kenya, Maldives, and the Seychelles. The five projects, worth $2 million, aim to ensure that ongoing piracy trials are conducted in a fair and efficient manner, among other things. (5/1/13).

ReCAAP – incident alert

The ReCAAP Information Sharing Centre issued an Incident Alert stating that four incidents were reported during the week 22-29 April in the South China Sea, off Malaysia, and in the Straits of Malacca and Singapore. Two of the incidents occurred onboard barges and the other two onboard tankers. No crewmembers were injured in any of the incidents. (5/3/13).

Denmark – digital applications

The Danish Maritime Authority (DMA) issued a news release stating that, from 13 May, seafarers and shipowners may apply digitally for relevant certificates. (5/3/13).

Forfeiture Act – 6 May 1796

Congress adopted the Forfeiture Act, 1 Stat. L. 461. Among other things, this law provided that one-half of all penalties, fines, and forfeitures incurred and paid under the impost (customs) laws of the United States and recovered in consequence of information given by any officer of a revenue cutter shall be paid to the officers of such cutter, to be divided among them in proportion to their pay. (5/6/1796). Ah! Those were the days!

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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