Headlines:

FMC – request for additional information from TSA;

DOI – DWH oil spill restoration plan;

Offshore North Carolina – commercial leasing for wind power;

Offshore North Carolina – environmental assessment;

NOAA – benefits of “no take” protections;

Tacoma – Asian gypsy moth egg masses discovered;

Court – pure emotional injuries and the “zone of danger”;

Court – equitable subordination;

Canada – marine safety risk assessment study;

India – coastal and ocean towing; and

UK – update re grounded ferry.

February 5, 2013

Bryant’s Maritime Blog
Bryant’s Maritime Consulting – 4845 SW 91^st 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. Look to the past, unless you want to see the future.

FMC – request for additional information from TSA

The Federal Maritime Commission (FMC) issued a notice stating that it has formally requested that parties to the Transpacific Stabilization Agreement (TSA) provide additional information pursuant to 46 USC § 40304(d). This action prevents recent proposed changes from becoming effective as originally scheduled. Interested parties may file comments within 15 days. 78 Fed. Reg. 8144 (February 5, 2013).

DOI – DWH oil spill restoration plan

The Department of the Interior (DOI) issued a notice stating that the Deepwater Horizon (DWH) oil spill Phase II Early Restoration Plan and Environmental Review have been approved. 78 Fed. Reg. 8184 (February 5, 2013).

Offshore North Carolina – commercial leasing for wind power

The Bureau of Ocean Energy Management (BOEM) is reopening, through 7 March, the period within which to submit information and nomination regarding commercial leasing for wind energy power on the outer continental shelf (OCS) Offshore North Carolina. 78 Fed. Reg. 8190 (February 5, 2013).

Offshore North Carolina – environmental assessment

The Bureau of Ocean Energy Management (BOEM) is reopening, through 7 March, the period within which to submit comments on a proposed environmental assessment for commercial leasing for wind energy power on the outer continental shelf (OCS) Offshore North Carolina. 78 Fed. Reg. 8190 (February 5, 2013).

NOAA – benefits of “no take” protections

The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that research shows that both fish population and fish size have increased since establishment of the “no take” protections within the Tortugas Ecological Reserve of the Florida Keys National Marine Sanctuary. Moreover, commercial catches of reef fish in waters near the Reserve have also increased. (2/4/13).

Tacoma – Asian gypsy moth egg masses discovered

The US Customs and Border Protection (CBP) issued a news release stating that a serious infestation of Asian gypsy moth egg masses was detected on a cargo ship arriving at the Port of Tacoma. Following the discovery, the ship was ordered to proceed to international waters for a thorough cleaning. After cleaning and re-inspection, the ship was released to load cargo in Tacoma. (1/30/13).

Court – pure emotional injuries and the “zone of danger”

The US Court of Appeals for the Fifth Circuit maritime law does not allow recovery for purely emotional injuries in non-Jones Act cases where the plaintiff was not in the “zone of danger” when a co-worker was fatally injured on a jack-up rig operating on the US outer continental shelf (OCS). In the instant case, plaintiff was part of a crew on a jack-up rig operating on the OCS offshore Texas. A co-worker fell into the water and was killed when a negligently prepared pollution pan gave way. Plaintiff was two feet away at the time, but did not see the incident because his back was turned. He also did not fear for his own safety at the time, but alleges to have later suffered from severe emotional distress. The court held that, because plaintiff was not in immediate risk of physical harm at the time of the incident, the claim for purely emotional injuries is unsustainable. Barker v. Hercules Offshore, No. 12-20150 (5th Cir., February 1, 2013).

Court – equitable subordination

In an unpublished decision, the US Court of Appeals for the Fifth Circuit ruled that equitable subordination is not available to the unpaid supplier of bunkers to a defaulting vessel so as to take precedence over the preferred ship mortgage of the US Maritime Administration (MARAD). Asamarbunkers v. MV New River, No. 12-40246 (5th Cir, February 1, 2013.

Canada – marine safety risk assessment study

Transport Canada issued a media release stating that a pan-Canadian risk assessment study on readiness to respond to ship-source spills in Canadian waters has been commissioned. The first phase will examine the likelihood and potential impacts of oil spills in Canadian waters, including the Arctic. The second phase will look at risks associated with chemical spills. (2/4/13).

India – coastal and ocean towing

The Indian Directorate General of Shipping (DGS) issued the Final Draft of a notice clarifying requirements for coastal and ocean towing in waters subject to Indian jurisdiction. (2/4/13).

UK – update re grounded ferry

The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that attempts will be made to refloat the ro-ro cargo ferry that grounded off Mostyn Harbour, North Wales during the next spring tide, on 9 or 10 February. A Salvage Control Unit is being set up. The ferry remains upright, with no reports of damage or pollution. (2/2/13).

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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 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

© Dennis L. Bryant – February 2013

Redistribution permitted with attribution