Assisting the maritime industry in regulatory compliance

Bryant's Maritime Consulting

December 7th, 2012 at 12:39 pm

Bryant’s Maritime Blog – 7 December 2012


FMC – 12 December meeting;

Court – vessel liable in rem for cargo damage;

IMO – summary of MSC 91;

Australia – pilot transfer arrangements;

Panama Canal – November summary;

UK – yacht skipper fined; and

Attack on Pearl Harbor – December 7, 1941.

December 7, 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.

FMC – 12 December meeting

clip_image004 The Federal Maritime Commission (FMC) issued an official 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. 77 Fed. Reg. 73031 (December 7, 2012).

Court – vessel liable in rem for cargo damage

clip_image006 The US Court of Appeals for the Second Circuit ruled that a vessel is liable in rem under maritime common law for damage to cargo. Through a series of time charters, voyage charters, and sub-charters, the vessel was contracted to transport plaintiff’s cargo from China to the United States. The cargo was damaged en route due to improper stowage. MAN Ferrostaal v. M/V Akili, No. 11-0486-cv(L) (2nd Cir., December 6, 2012). Note: This item was brought to my attention by my very good friend Keith Heard of Burke & Parsons.

IMO – summary of MSC 91

clip_image008 The IMO issued a news release summarizing the results of the recent session of the Maritime Safety Committee (MSC 91). Among other things, it agreed upon new measures for passenger ship safety and for protection of personnel from noise onboard ships. (12/6/12).

Australia – pilot transfer arrangements

clip_image010 The Australian Maritime Safety Authority (AMSA) issued a notice reminding owners, operators, masters, and pilots that amendments to the IMO requirements relating to pilot transfer arrangements recently came into effect. Ships should be examined to ensure that they are in compliance. Marine Notice 20/2012 (11/28/12).

Panama Canal – November summary

clip_image012 The Panama Canal Authority issued an advisory summarizing Canal operations during November. It includes the schedule of locks maintenance outages for the remainder of the fiscal year. Advisory 30-2012 (12/4/12).

UK – yacht skipper fined

clip_image014 The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that the skipper of a racing yacht was fined £9,381, plus costs of £4,125 for intentionally travelling the wrong way in traffic separation schemes (TSSs) off the UK coast. When called on the radio about his actions, he stated that he was trying to break the record for sailing around the UK and Ireland and would not alter course. (12/6/12).

Attack on Pearl Harbor – December 7, 1941

clip_image016 Today marks the 71st anniversary of the attack on Pearl Harbor, which directly caused the death of thousands of Americans and the sinking of a number of US Navy warships. It resulted in a major combat role for the US in World War II, which had commenced more than two years previously. Up until the attack, the US had limited its participation largely to supply and logistics. After the attack, it was all in. The war continued for almost another four years, with the loss of millions of lives and large scale property destruction. A new world order eventually emerged. With hard work, increased cooperation, and good luck, we can avoid such conflicts in the future. President Obama issued a Presidential Proclamation designating December 7 as National Pearl Harbor Remembrance Day.

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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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    logo11 BWM reform

    In the January 2019 edition of Maritime Reporter and Engineering News, you can find my article entitled "BWM reform". The article discusses the recent enactment of the Vessel Incidental Discharge Act of 2018 (VIDA). The Act greatly reforms the process for regulation of ballast water discharges into waters of the United States. It not only brings the US ballast water management (BWM) regulatory scheme into closer alignment with the international standard, but it also largely eliminates the authority of states and tribal govenments to establish their own standards. Full implementation will take time, but there is light at the end of this particular tunnel.