USCG – use of foreign-fabricated fuel tanks;
SHC – meeting;
Court – temporary government-induced flooding may be compensable;
NATO – Maritime Command established;
Australia – company fined for illegal discharge of garbage;
Demark – noise standards; and
Panama Canal – PCSOPEP Notice of Acknowledgement.
December 5, 2012
Bryant’s Maritime Blog
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA
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.
USCG – use of foreign-fabricated fuel tanks
The US Coast Guard National Vessel Documentation Center (NVDC) issued a letter to Harvey Gulf International Marine confirming that that company’s plan to construct four dual-fuel offshore support vessels in a US shipyard utilizing, among other things, LNG fuel tanks fabricated outside the United States will not prevent the vessels from being documented as eligible to engage in the US coastwise trade. The LNG fuel tanks as shown in the construction plans will be independent and will not form part of the hull. Thus, so long as they are assembled into the vessels in the United States, the use of foreign-fabricated fuel tanks will not jeopardize the coastwise qualification of the vessels. (11/29/12).
SHC – meeting
The Shipping Coordinating Committee (SHC), sponsored by the Department of State (DOS), will meet in Arlington, Virginia on 20 December 2012 and 10 January 2013 to prepare for the upcoming session of the IMO Sub-Committee on Radiocommunications and Search and Rescue (COMSAR). Topics on the agenda include: modernization of GMDSS; development of an e-navigation strategy implementation plan; and development of a mandatory Polar Code. 77 Fed. Reg. 72431 (December 5, 2012).
Court – temporary government-induced flooding may be compensable
The Supreme Court of the United States ruled that government-induced flooding that is temporary in duration gains no automatic exemption from Takings Clause inspection. In the instant case, the US Army Corps of Engineers (USACE) constructed and operated the Clearwater Dam on the Black River upstream from a wildlife management area owned and operated by plaintiff Arkansas state agency. Periodically, at the request of local farmers, USACE would deviate from standard policy and release additional water from the reservoir behind the dam, temporarily flooding portions of the wildlife management area. Alleging that the temporary flooding damaged trees and vegetation in the wildlife area, plaintiff brought suit against the federal government for damages. The Court of Appeals for the Federal Circuit denied the claim, ruling that government-induced flooding can give rise to a taking claim only if the flooding is permanent or inevitably recurring. The Supreme Court reversed, holding that flooding is generally no different than other government intrusions on property. Arkansas Game and Fish Commission v. United States, No. 11-597 (US, December 4, 2012).
NATO – Maritime Command established
NATO issued a news release stating that it has established a new Maritime Command located at Northwood Headquarters in Middlesex, UK. This will be the sole maritime command for NATO. Maritime Command Naples will de-activate on 28 March 2013. (12/3/12).
Australia – company fined for illegal discharge of garbage
The Australian Maritime Safety Authority (AMSA) issued a media release stating that the master and owners of a bulk carrier have been fined for illegal dumping of garbage in the Great Barrier Reef Marine Park. The owner was fined $5,000 and the master was fined $300 for the discharge of food waste 210 km northeast of Gladstone on 29 June 2012 in violation of the MARPOL Annex V provisions.
Denmark – noise standards
The Danish Maritime Authority issued a news release stating that the IMO Maritime Safety Committee has adopted international, binding regulations on noise in ships. The new regulations are based in large part on existing Danish regulations and lay down mandatory noise limits in the areas on board ships where seafarers work and are accommodated during their spare time. The regulations will apply to new ships constructed after 1 July 2014. (11/30/12).
Panama Canal – PCSOPEP Notice of Acknowledgement
The Panama Canal Authority issued an advisory stating that, effective 1 January 2013, the PCSOPEP Notice of Acknowledgement (NOA) certificates for vessels complying with applicable requirements will only be issued electronically. Vessels will not be sanctioned for failure to carry a NOA certificate on board. Advisory 29-2012 (12/3/12).
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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
© Dennis L. Bryant – December 2012