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Bryant's Maritime Consulting

January 10th, 2013 at 11:48 am

Bryant’s Maritime Blog – 10 January 2013

Headlines:

New York – commuter ferry allision injures 57;

USCG – investigation of SF bridge allision;

Alaska – Kulluk response update;

Alaska – Kulluk incident timeline;

OFAC – General License re former Iranian vessel;

Court – liquidated damages;

IMO – 2013 World Maritime Day; and

Denmark – integrated pilotage authority.

January 10, 2013

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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. Bringing the idiot back to idiosyncratic.

New York – commuter ferry allision injures 57

clip_image004 clip_image006 A commuter ferry allided with its pier at the Pier 11 ferry terminal in Manhattan, injuring a reported 57 individuals. The US Coast Guard issued a news release stating that stating that it is responding to the incident and has commenced an investigation. A multimedia release provides additional information regarding the casualty. The National Transportation Safety Board (NTSB) issued a news release stating that it also has opened an investigation. (1/9/13). Note: This item was first brought to my attention by my good friend Keith Heard of Burke & Parsons.

USCG – investigation of SF bridge allision

clip_image004[1] The US Coast Guard issued a news release stating that its investigation into circumstances surrounding the allision by a tanker with the fender around a tower of the San Francisco-Oakland Bay Bridge continues. The National Transportation Safety Board (NTSB) is conducting its own investigation. The two investigations will be coordinated to the extent possible. There have been no reports of injury or pollution. Alcohol test results are negative; drug test results are not yet available. (1/8/13).

Alaska – Kulluk response update

clip_image008 The Kulluk Response Unified Command issued a news release stating that remotely operated vehicles (ROVs) are being used to assess the underwater condition of the CDU Kulluk. Meanwhile, the area within which the Kulluk grounded at Sitkalidak Island is being surveyed prior to recovery and removal of all debris from the site. (1/9/13).

Alaska – Kulluk incident timeline

clip_image009 The Kulluk Response Unified Command posted a timeline of events for the incident, extending from 27 December 2012 when the towline first parted to 7 January 2013 when the Kulluk was safely anchored in Kiliuda Bay. (1/8/13).

OFAC – General License re former Iranian vessel

clip_image011 The Office of Foreign Assets Control (OFAC) issued a General License allowing for authorizing all transactions related to the arrest, detention, and judicial sale of the MV Amina, arrested in Galle, Sri Lanka, which was previously identified as blocked property under regulations for weapons of mass destruction sanctions. (1/9/13).

Court – liquidated damages

clip_image013 The US Court of Appeals for the Fifth Circuit ruled that, under general maritime law, a liquidated damages provision in a maritime contract may be enforceable. Plaintiff purchaser and defendant seller entered into a contract for the sale of two tugboats. The contract included a covenant to not complete. Another clause of the contract provided for damages to be paid by the purchaser for violation of the covenant in the amount of the greater of 10% of the gross amount earned by the breach or the sum of $250,000 per violation. Litigation ensued when the seller learned of multiple violations of covenant by the purchaser. Plaintiff asserted that the liquidated damages provision amounted to a penalty, making it unenforceable. The court upheld the liquidated damages provision, finding that because actual damages are difficult to prove, more leeway is allowed the parties in estimating liquidated damages. International Marine v. Delta Towing, No. 12-3-280 (5th Cir., January 8, 2013).

IMO – 2013 World Maritime Day

clip_image015 The IMO issued a news release stating that the theme for 2013 World Maritime Day will be “Sustainable Development: IMO’s contribution beyond Rio+20”. (1/9/13).

Denmark – integrated pilotage authority

clip_image017 The Danish Maritime Authority (DMA) issued a news release stating that, as of 1 January 2013, the Danish Pilotage Authority has become fully integrated in the DMA. This has resulted in improved utilization of resources, making possible reductions in the prices for pilotage services. (1/9/13).

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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 – January 2013

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