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December 6th, 2012 at 12:43 pm

Bryant’s Maritime Blog – 6 December 2012


CBP – informal entry;

New York – “no discharge” zone proposed;

ORAP – meeting;

NOAA – Arctic environmental changes;

FMC – 12 December meeting;

CBP – C-TPAT Conference;

House – Coast Guard bill adopted;

Court – strict product liability; and

Indian Ocean – piracy threat continues.

December 6, 2012

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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.

CBP – informal entry

clip_image004 The US Customs and Border Protection (CBP) issued a final rule increasing the limit for informal entry of merchandise from $2,000 to $2,500, thereby eliminating the need for a surety bond, expediting the customs clearance process, and reducing the required Merchandise Professing Fee (MPF) from $25 to $2 (assuming the entries are filed electronically). The amendments come into effect on 7 January 2013. 77 Fed. Reg. 72715 (December 6, 2012).

New York – “no discharge” zone proposed

clip_image006 The Environmental Protection Agency (EPA) issued a notice stating that it received a petition from the State of New York for a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available in the state waters of Lake Erie. Comments on the petition must be submitted by 7 January 2013. 77 Fed. Reg. 72856 (December 6, 2012).

ORAP – meeting

clip_image008 The Ocean Research Advisory Panel (ORAP), sponsored by the Department of the Navy, will meet in Washington, DC on 14 and 16 January 2013. 77 Fed. Reg. 72831 (December 6, 2012).

NOAA – Arctic environmental changes

clip_image010 The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that the Arctic region continued to break environmental records in 2012 – among them loss of summer ice, spring snow cover, and melting of the Greenland ice sheet. Among other things, the Arctic fox to close to extinction. (12/5/12).

FMC – 12 December meeting

clip_image012 The Federal Maritime Commission (FMC) issued a notice stating that the Commissioners will meet in open session in Washington, DC on 12 December to consider: (1) licensing, financial responsibility, and general duties of ocean transportation intermediaries; (2) use of alternative dispute resolution in enforcement proceedings; and (3) Docket No. 11-22: NVOCC negotiated rate arrangements; tariff filing exemption. (12/5/12).

CBP – C-TPAT Conference

clip_image013 The US Customs and Border Protection (CBP) issued a news release stating that registration has opened for the C-TPAT Conference, scheduled for 8-10 January 2013 in Washington, DC. This year’s theme is Unified Global Security: The Challenger Ahead. (12/5/12).

House – Coast Guard bill adopted

clip_image015 Just prior to taking a short recess, the House of Representatives adopted the Coast Guard and Maritime Transportation Act of 2012 (H.R. 2838). The bill includes at the end an amendment directing the Coast Guard to undertake a risk assessment of exports of Canada’s oil sands through waters of the Salish Sea (Puget Sound, the Strait of Juan de Fuca, and adjacent waters). The next step should be a Conference Committee with the Senate (if time allows before this Congress ends). (12/5/12). Note: This item was brought to my attention by my friend Stafford Reid of EnviroEmerg Consulting Services.

Court – strict product liability

clip_image017 In a case of first impression, the US District Court for the Eastern District of Pennsylvania ruled that, under maritime law, (1) a manufacturer or supplier of a product has no duty to warn an end user who is “sophisticated” regarding the hazards of the product; (2) the sophistication of that intermediary (or employer) – or the warning of that intermediary (or employer) by a manufacturer or supplier – does not preclude potential liability of the manufacturer or supplier, and (3) a Navy ship is not a “product” for purposes of strict product liability. In the instant case, plaintiff is a former Department of Defense welder who brought negligence and strict product liability claims against various ship builders alleging liability for failure to warn him of the hazards of asbestos associated with the Navy ships that defendants built and that he worked on. Mack v. General Electric, No. 2:10-78940 (E.D. Pa., October 3, 2012). Note: This item was brought to my attention by my good friend Keith Heard of Burke & Parsons.

Indian Ocean – piracy threat continues

clip_image019 NATO issued a news release stating that ships transiting the High Risk Area of the Indian Ocean must remain alert because piracy remains a serious threat, even though the number of attacks has recently declined. (12/5/12).

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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

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