Assisting the maritime industry in regulatory compliance

Bryant's Maritime Consulting

November 13th, 2012 at 11:38 am

Bryant’s Maritime Blog – 13 November 2012

Headlines:

New York – temporary RNA;

New London – temporary RNA;

DOS – sanctions information and guidance;

CBP – low energy x-ray inspection system;

NAVSAC – meeting;

HSRP – meeting;

TSA – Visual CCL information;

FMC – dispute resolution presentation;

USCG – parasail captain indicted;

Court – COGSA decision;

UN – report on Somali piracy;

IEA – US to be energy self-sufficient by 2035;

ReCAAP & INTERPOL – cooperation agreement;

IORARC – maritime issues;

India – re-circulating device on oil filtering equipment;

Panama Canal – October operations;

Miscellany; and

Yarmouth Castle fire and sinking – 13 November 1965.

November 13, 2012

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

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

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

New York – temporary RNA

clip_image004 The US Coast Guard promulgated a temporary rule establishing, through 30 November, a regulated navigation area (RNA) on all waters between the New York City Department of Sanitation Marine Transfer Stations on Gowanus Bay and Flushing Bay to enhance safety during the load-out and transit of four gantry cranes. 77 Fed. Reg. 67568 (November 13, 2012).

New London – temporary RNA

clip_image004[1] The US Coast Guard promulgated a temporary rule establishing, through 31 October 2014, a regulated navigation area (RNA) on waters of the Thames River in New London to enhance safety during degaussing range replacement operations. 77 Fed. Reg. 67566 (November 13, 2012).

DOS – sanctions information and guidance

clip_image006 The Department of State (DOS) has published information and guidance on its sanctions authorities, including under the Iran Sanctions Act and other statutes and under certain Executive Orders. DOS will accept comments on the Guidance on Iran Sanctions and the Guidance on Sensitive Technology until 12 January 2013. 77 Fed. Reg. 67726 (November 13, 2012).

CBP – low energy x-ray inspection system

clip_image008 The US Customs and Border Protection (CBP) issued a notice stating that it is seeking comments on its final Programmatic Environmental Assessment (PEA) and a Finding of No Significant Impact (FONSI) for its Low Energy X-Ray Inspection Systems (LEXRIS) at CBP operational areas. The LEXRIS is used to scan vehicles and cargo coming into the United States at ports of entry for the presence of contraband. Comments should be submitted by 13 December. 77 Fed. Reg. 67659 (November 13, 2012).

NAVSAC – meeting

clip_image004[2] The Navigation Safety Advisory Council (NAVSAC), sponsored by the US Coast Guard, will meet on 28-29 November in Tampa. Topics on the agenda include autonomously operated vehicles; protection of vessels engaged in servicing submarine cables; DGPS requirements; and off-shore wind farms/renewable energy. 77 Fed. Reg. 67658 (November 13, 2012).

HSRP – meeting

clip_image010 The Hydrographic Services Review Panel (HSRP), sponsored by the National Oceanic and Atmospheric Administration (NOAA), will meet in New Orleans on 27-29 November. Topics on the agenda include: current and future needs of regional ports and navigation users; use of coastal observation systems for coastal protection and restoration programs and urge and inundation models; and use of geospatial services and spatial reference systems to support sea level rise and land subsidence observations. 77 Fed. Reg. 67634 (November 13, 2012).

TSA – Visual CCL information

clip_image012 The Transportation Security Administration (TSA) issued a notice stating that it has developed a Cancelled Card List (CCL) that contains a publically available list of cards that have been cancelled by the Transportation Worker Identification Credential (TWIC) Program Management Office (PMO). The Visual CCL includes the TWIC Federal Agency Smart Credential Number (FASC-N), the cancelled date (or date added), and the Agency Serial Number (which is visible on the back of the TWIC). Comparing the Agency Serial Number on the TWIC with the Agency Serial Numbers on the Visual CCL will allow security personnel to determine whether the TWIC remains valid or has been cancelled. (11/9/12).

FMC – dispute resolution presentation

clip_image014 The Federal Maritime Commission (FMC) issued a notice stating that, on 16 November, its New Orleans office will host a presentation on dispute resolution services offered by the Commission and provide an update on Commission initiatives. (11/9/12).

USCG – parasail captain indicted

clip_image004[3] The US Coast Guard issued a news release stating that a boat captain in the US Virgin Islands has been indicted for his involvement in the death of a parasailer on 15 November 2011. On that date, the captain was conducting parasail excursions. A woman and her daughter were hoisted into the air as wind conditions were deteriorating. The strong winds and a weak tow-line allegedly caused the tow-line to break. The two women fell into the water, resulting in the death of the mother and serious injuries to the daughter. The captain subsequently surrendered his merchant mariner’s license. (11/9/12).

Court – COGSA decision

clip_image016 In a Summary Order, the US Court of Appeals for the Second Circuit affirmed the district court award of summary judgment in favor of certain cargo owners on all claims asserted against them in consolidated maritime actions stemming from a March 8, 2005 explosion on the M/V Rickmers Genoa, which occurred approximately four hours after that vessel collided with the M/V Sun Cross in the Yellow Sea. Plaintiffs had brought their claims based on: (1) strict liability under the Carriage of Goods at Sea Act (COGSA); (2) negligent failure to warn under COGSA; (3) negligent misrepresentation under federal maritime common law; and (4) negligent failure to warn under federal maritime common law. Defendant’s cargo consisted of 600 tons of a magnesium-based desulphurization reagent, which had been loaded below deck. The collision breached the ship’s hull, allowing sweater to flood the cargo holds. The seawater reacted with the magnesium, yielding flammable hydrogen gas. The accumulated gas ignited and exploded, causing significant damage to the ship and cargo and killing one crew member. Evidence showed that the cargo owner gave the carrier a US Harmonized Tariff Schedule (HTS) Code identifying the cargo as a magnesium-based substance and that the master of the vessel knew that magnesium emitted highly flammable hydrogen when exposed to water. The carrier, with such knowledge, accepted the cargo and loaded it in an enclosed space below deck. The cargo owner did not breach any duty owed to the carrier. Chem One Ltd v. MV Rickmers Genoa, No. 10-4934-cv(L) (2nd Cir., November 9, 2012). Note: This item was brought to my attention by my good friend Keith Heard of Burke & Parsons.

UN – report on Somali piracy

clip_image018 The United Nations posted the report of the Secretary-General to the Security Council on the situation with respect to piracy and armed robbery at sea off the coast of Somalia. The joint efforts of the international community and the private sector to counter piracy have resulted in a sharp decline in pirate attacks and hijackings in 2012 compared to 2011. However 224 seafarers and 17 vessels are still being held hostage as of late September 2012. Report S/2012/783 (10/22/12). Note: This item was brought to my attention by my good friend John Bennett of Maritime Protective Services.

IEA – US to be energy self-sufficient by 2035

clip_image020 The International Energy Agency (IEA) issued a press release stating that the United States is on track to become a net exporter of natural gas by 2020 and to be energy self-sufficient by 2035. (11/12/12). Note: Few today are aware that, in the early years of the twentieth century, the United States was the world’s leading exporter petroleum. Everything old is new again.

ReCAAP & INTERPOL – cooperation agreement

clip_image022 clip_image024 The ReCAAP Information Sharing Centre issued a press release stating that it signed a formal cooperation agreement with the International Criminal Police Organization (INTERPOL) in the area of information exchanges and mutual support. The agreement also establishes a platform for future collaboration. (11/9/12).

IORARC – maritime issues

clip_image026 The Indian Ocean Rim Association for Regional Cooperation (IORARC) issued the report of the twelfth meeting of the Council of Ministers, held in Gurgaon, India. The report discussed, among other things, piracy, maritime security, and preparedness to fight natural and other disasters in the maritime domain. Gurgaon Communiqué (11/2/12). Note: This item was brought to my attention by my good friend John Bennett of Maritime Protective Services.

India – re-circulating device on oil filtering equipment

clip_image028 The Indian Directorate General of Shipping (DGS) issued a circular reminding owners and operators that shipboard oil filtering equipment is required to be fitted with a re-circulating device to enable the equipment to be tested with the overboard discharge valve closed. Engine Circular 5-2012 (11/7/12).

Panama Canal – October operations

clip_image030 The Panama Canal Authority issued an advisory summarizing Canal operations during October. It includes the schedule of locks maintenance outages for FY 2013. Advisory 27-2012 (11/6/12).

Miscellany

clip_image032 In my newsletter of Friday, 8 November, in addition to asking for a contribution from subscribers of $40 to help defray the rising cost of producing this blog/email/newsletter/website, I mentioned in passing that the US merchant marine should be considered the fifth armed service. Regarding the second point, various long-suffering readers justifiably commented on my math skills. More accurately, the merchant marine should be considered the sixth armed service and one of this nation’s preeminent maritime services. Mia culpa.

Yarmouth Castle fire and sinking – 13 November 1965

clip_image034 The passenger ship SS Yarmouth Castle caught fire and sank on November 13, 1965 while en route from Miami, Florida to Nassau, Bahamas. Of the 376 passengers and 176 crew on board, 88 passengers and two crew died. The ship was built in 1927 with a wooden superstructure. Wood and other flammable materials were used throughout the ship. As the US Coast Guard investigation noted, the foreign-flag vessel was not subject to USCG inspection. Passenger ship construction standards were subsequently strengthened and US law was amended to provide for examination by the Coast Guard of foreign passenger vessels embarking passengers in a US port to ensure compliance with international standards.

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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 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – November 2012

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