USCG – draft NVIC re MLC 2006;
ISAC – meeting;
USN – deployments delayed due to spending cuts;
CBP – mutual Customs recognition with EU;
Guam – port development project;
Court – alter ego is more than a close relationship;
Court – prompt notification of insurance claims;
EIB – €450m loan for offshore wind farm;
Australia – tug capsize with loss of life; and
Gulf of Mexico – disabled cruise ship.
February 11, 2013
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. Look to the past, unless you want to see the future.
USCG – draft NVIC re MLC 2006
The US Coast Guard seeks comments on a draft Navigation and Vessel Inspection Circular (NVIC) that sets forth the Coast Guard’s policies and procedures regarding inspection of US vessels for voluntary compliance with the Maritime Labour Convention, 2006 (MLC 2006), which enters into force on 20 August 2013. Comments should be submitted by 13 March. 78 Fed. Reg. 9709 (February 11, 2013).
ISAC – meeting
The Invasive Species Advisory Committee (ISAC), sponsored by the Department of the Interior (DOI), will meet in Arlington, Virginia on 7-8 March. The meeting will focus on the changing approaches to invasive species. 78 Fed. Reg. 9724 (February 11, 2013).
USN – deployments delayed due to spending cuts
The US Navy issued a news release stating that deployment of the USS Harry S. Truman (CVN 75) and the USS Gettysburg (CG 64) to the Persian Gulf has been delayed due to spending cuts scheduled to take effect on 1 March. (2/7/13).
CBP – mutual Customs recognition with EU
The US Customs and Border Protection (CBP) issued a news release stating that the mutual recognition program between CBP’s Customs-Trade Partnership Against Terrorism (C-TPAT) and the European Union Authorized Economic Operator (AEO) program has been fully implemented. Cargoes being shipped between the US and the EU will now have a lower risk score, reducing the likelihood of detailed inspections. In addition to the EU, mutual recognition agreements are in effect with Canada, Japan, Jordan, Korea, New Zealand, and Taiwan. (2/8/13).
Guam – port development project
The Maritime Administration (MARAD) issued a news release stating that construction has begun on a $50 million project to improve the Port of Guam. The project is administered by MARAD on behalf of the Department of Defense (DOD). (2/8/13).
Court – alter ego is more than a close relationship
The US Court of Appeals for the Fourth Circuit affirmed the dismissal of an order of attachment of a vessel. Plaintiff charterer had an English judgment against the former owner of the now-scrapped vessel. The attachment was with respect to a vessel owned by companies related to the former owner. Plaintiff attempted to pierce the corporate veil, contending that defendants wre the alter ego of the former owner. The court a close relationship between the defendants here and the former owner is not sufficient alter ego status. Vitol v. Primerose Shipping, No. 11-1900 (4th Cir., February 8, 2013).
Court – prompt notification of insurance claims
Two recent unpublished decisions of the US Court of Appeals for the Second Circuit highlight the importance of prompt notification by an insured to its Protection & Indemnity Club of potential claims. Weeks Marine v. American Steamship Owners Mutual Protection and Indemnity Association, No. 11-3774-cv (2nd Cir., February 1, 2013) involved a claim for personal injury filed by a crew member of one of plaintiff’s vessels. Plaintiff did not notify defendant insurer of the claim until after trial, which was two years after the precipitating event. The court ruled that the prompt notice provision in Certificate of Entry applied and that the insurer was not required to show that it had been prejudiced by the delayed notice. Weeks Marine v. American Steamship Owners Mutual Protection and Indemnity Association, No. 12-1752-cv (2nd Cir., February 8, 2013) involved a claim for personal injury filed by a crew member of one of plaintiff’s vessels. Plaintiff did not notify defendant insurer of the claim until after trial, which was four years after the precipitating event. The court ruled that the provision in the Club Rules requiring that the insurer be notified in writing within three years after the member has knowledge of the occurrence giving rise to the claim applied and was not contradicted by the provision in the Certificate of Entry regarding prompt notice of claims that appear to involve indemnity.
EIB – €450m loan for offshore wind farm
The European Investment Bank (EIB) issued a press release stating that it is lending €450m for the Butendiek wind farm, which will be one of the biggest offshore wind projects so far in the German part of the North Sea. With 80 turbines, it will have a total generating capacity of 288 MW. This project will cost a total of €1.4bn. Butendiek will be built 53 km off the coast of Schleswig-Holstein and 32 km to the west of the island of Sylt. Construction work is due to commence in the first half of 2014 and will last until the middle of 2015. (2/8/13).
Australia – tug capsize with loss of life
The Australian Transport Safety Bureau (ATSB) issued the report of its investigation of the capsize of a tug with loss of life in Gladstone, Queensland on 11 June 2011. As the tug became unstable during a towing operation with a second tug and a barge, the crew was unable to quickly release the towline. The recent fitting of a set of “H” bitts aft of the towing hook had a detrimental effect on maneuverability and stability. The tug’s stability had not been recalculated following the fitment. MO-2011-005 (2/8/13).
Gulf of Mexico – disabled cruise ship
The US Coast Guard issued a news release stating that the Carnival cruise ship Triumph suffered an engine room fire while in the Gulf of Mexico approximately 136 miles north of Merida, Mexico. The fire has been extinguished and there are no reports of injury. The ship is operating on emergency power and is receiving supplies from another cruise ship on scene. Tugs have been dispatched to assist. (2/10/13).
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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
© Dennis L. Bryant – February 2013