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Bryant's Maritime Consulting

December 3rd, 2012 at 12:53 pm

Bryant’s Maritime Blog – 3 December 2012

Headlines:

Santa Cruz Island – Coast Guardsman killed during law enforcement operation;

USCG – MODU electrical equipment certification;

USCG – conditions of entry re Indonesia removed;

Offshore Rhode Island & Massachusetts – wind power leasing;

Offshore Virginia – wind power leasing;

Paulsboro, NJ – train derailment;

NOAA – ESA listing proposed for coral;

OFAC – General License for judicial sale of blocked Iranian vessel;

Gulf Coast Ecosystem Restoration Council – meeting;

Senate – bill amended to increase sanctions against Iran;

Congress – West Coast port dispute;

India – crew accommodation rules;

Japan – $5 million to US for tsunami debris removal; and

Michael Marks Cohen.

December 3, 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. When in doubt, speak louder.

Santa Cruz Island – Coast Guardsman killed during law enforcement operation

clip_image004 The US Coast Guard issued a news release stating that, early Sunday morning, the USCSC Halibut was investigating a panga-type vessel suspected of illicit activities off Santa Cruz Island, California. The cutter deployed its small boat with a crew of four to investigate further. As the Coast Guard small boat approached with its blue law enforcement light energized, the panga maneuvered at a high rate and speed, striking the small boat before fleeing. The panga was stopped by other Coast Guard assets and the two occupants have been detained. Two of the Coast Guard crew members on the small boat were thrown into the water by the force of the collision. Unfortunately, one of the Coast Guardsmen sustained a traumatic head injury and died. (12/2/12).

USCG – MODU electrical equipment certification

clip_image004[1] The US Coast Guard published guidance regarding electrical equipment installed in hazardous areas on foreign-flagged mobile offshore drilling units (MODUs) that have never, but intend to, operate on the US outer continental shelf (OCS). Until such time as the Coast Guard promulgates a regulation addressing this issue, it is recommended that such MODUs voluntarily comply with Chapter 6 of the 2009 IMO MODU Code. 77 Fed. Reg. 71607 (December 3, 2012).

USCG – conditions of entry re Indonesia removed

clip_image004[2] The US Coast Guard published a notice stating that, effective immediately, it is removing the conditions of entry on vessels arriving from Indonesia. 77 Fed. Reg. 71608 (December 3, 2012).

Offshore Rhode Island & Massachusetts – wind power leasing

clip_image006 The Bureau of Ocean Energy Management (BOEM) issued a Proposed Sale Notice (PSN) for the sale of commercial wind energy leases on the outer continental shelf (OCS) offshore Rhode Island and Massachusetts. Comments on the PSN should be submitted by 1 February 2013. 77 Fed. Reg. 71612 (December 3, 2012).

Offshore Virginia – wind power leasing

clip_image006[1] The Bureau of Ocean Energy Management (BOEM) issued a Proposed Sale Notice (PSN) for the sale of commercial wind energy leases on the outer continental shelf (OCS) offshore Virginia. Comments on the PSN should be submitted by 1 February 2013. 77 Fed. Reg. 71621 (December 3, 2012).

Paulsboro, NJ – train derailment

clip_image004[3] The US Coast Guard issued a news release stating that it and local authorities are responding to a train derailment that occurred on a bridge over Mantua Creek near Paulsboro, New Jersey. Seven railroad cars derailed and three of those ended up in the water. The cars were reportedly carrying vinyl chloride and other industrial materials. Local authorities have evacuated the area within a half-mile radius. The Coast Guard has established a safety zone on the waterway from one mile north to one mile south of the bridge. (11/30/12). A second news release states that the Unified Command continues to coordinate cleanup operations. (12/1/12). A third news release states that the response effort continues, but has been slowed due to the hazardous nature of the chemicals spilled from the derailed train cars. The evacuation zone has been broadened and is expected to remain in place until 8 December. (12/2/12).

Staten Island – removal of grounded tanker

clip_image008 The US Coast Guard issued a news release stating that the Hurricane Sandy Pollution Response Unified Command is producing a plan for removal of the grounded tanker John B. Caddell. The 184-foot long tanker grounded on the shore of Staten Island at Front Street during the storm and poses an environmental and navigational threat to local waterways (as well as a traffic hazard to the local community). The proposed plan calls for the use of barge cranes to lift and transport the tanker, in a saddled position, to a location where the pollution threat can be safely mitigated. (12/1/12). Note: Cost Guard records reflect that the vessel was last documented as an oil tanker, but reports indicate that in recent years it has served as a water tanker.

NOAA – ESA listing proposed for coral

clip_image010 The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that it is proposing Endangered Species Act (ESA) listing for 66 coral species (59 in Pacific waters and seven in the Caribbean). (11/30/12).

OFAC – General License for judicial sale of blocked Iranian vessel

clip_image012 The Office of Foreign Assets Control (OFAC) issued a General License for all transactions related to the arrest, detention, and judicial sale of the MV Dianthe (fka Horsham, fka Iran Bam, IMO No. 9323833), arrested in Mundra, India, which was identified as blocked property pursuant to US law. (11/29/12).

Gulf Coast Ecosystem Restoration Council – meeting

clip_image004[4] The US Coast Guard issued a news release stating that the Gulf Coast Ecosystem Restoration Council will hold its first public meeting in Mobile on 11 December to identify projects and programs that will restore the region’s natural resources and help benefit local businesses. (11/30/12).

Senate – bill amended to increase sanctions against Iran

clip_image014 The Senate is currently considering amendments to the National Defense Authorization Act for Fiscal Year 2013 (S. 3254). Among those amendments is one (Amendment No. 3232) offered by Senators Menendez (D-NJ), Kirk (R-IL), and Lieberman (I-CT) which was adopted unanimously (94-0). Official text of the bill as amended is not yet available, but Senator Menendez issued a press release explaining that it will, if enacted into law, impose further economic sanctions on Iran, including penalties on any insurance or reinsurance provider that knowingly provides underwriting service, insurance or reinsurance for activities for which sanctions have been imposed under US law to any person in the energy, shipping, or ship building sector of Iran, any person designated for WMD, proliferation, or terrorism, or any person on the SDN list (other than non-designated banks). A second press release includes the Senator’s remarks delivered on the Senate floor during consideration of the amendment. (11/30/12).

Congress – West Coast port dispute

clip_image016 The Congressional PORTS Caucus sent an open letter to union and harbor employers involved in the current labor dispute in certain West Coast ports reminding them of the national impact of the dispute and urging them to come together and settle the dispute for the good of the workers, the employers, and the national economy. (11/29/12). Note: Could this an indication that members of Congress are themselves willing to compromise for the good of the nation? This item was brought to my attention by my good friend Niels Aalund of the West Gulf Maritime Association.

India – crew accommodation rules

clip_image018 The Indian Directorate General of Shipping (DGS) posted the Final Draft of the Merchant Shipping (Crew Accommodation) Amendment Rules 2012 to codify relevant provisions of the Maritime Labor Convention, 2006. The rules, as drafted, will apply to foreign ships when in Indian waters. (11/29/12).

Japan – $5 million to US for tsunami debris removal

clip_image020 The National Oceanic and Atmospheric Administration (NOAA) issued a news release announcing that the Government of Japan is gifting (assuming that is a valid word) $5 million to the United States to support efforts in response to the marine debris washing ashore in the US from the March 2011 earthquake and tsunami in Japan. (11/30/12).

Michael Marks Cohen

clip_image022 The US and international maritime bars lost a giant over the weekend with the passing of Michael Marks Cohen. Since his graduation in 1965 from Columbia Law School, Magna Cum Laude, he labored tirelessly in the cause of maritime law. Among other things, he was an editor of American Maritime Cases and of several volumes of Benedict on Admiralty for many years. Recently, he was recognized with the Leonard J. Theberge Award for Private International Law by the American Bar Association. (12/1/12).

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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 – December 2012

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