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Bryant's Maritime Consulting

April 18th, 2017 at 12:30 pm

Bryant’s Maritime Blog – 18 April 2017

Headlines:

FERC – LNG export facility;

EPA – NO2 Primary Assessment;

FMC – Commissioner Cordero to depart;

MARAD – Port Planning & Investment Toolkit;

House – bill introduced re harbor maintenance funding;

Court – overtime compensation; and

Court – ship owner responsibility under LHWCA.

April 18, 2017

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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. Time passes because it consistently gets good marks.

FERC – LNG export facility

clip_image004 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it received an application from Driftwood LNG LLC seeking authorization to construct and operate an LNG export facility in Calcasieu Parish, Louisiana. Comments must be received by 2 May. 82 Fed. Reg. 18140 (4/17/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-04-17/pdf/2017-07695.pdf].

EPA – NO2 Primary Assessment

clip_image006 The Environmental Protection Agency (EPA) issued a notice announcing the availability of its Policy Assessment for the Review of the Primary National Ambient Air Quality Standards for Oxides of Nitrogen (NO2 PA). 82 Fed. Reg. 17947 (4/14/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-04-14/pdf/2017-07558.pdf].

FMC – Commissioner Cordero to depart

clip_image008 The Federal Maritime Commission (FMC) issued a news release stating that Commissioner Mario Cordero is leaving the Commission to accept a position with the Port of Long Beach. (4/15/17) [http://www.fmc.gov/NR_17_08/].

MARAD – Port Planning & Investment Toolkit

clip_image010 The Maritime Administration (MARAD) issued a news release stating that, in cooperation with private sector stakeholders, it has completed the final two modules of the Port Planning and Investment Toolkit (PPIT). (4/15/17) [https://www.marad.dot.gov/newsroom/news_item/2017/aapa-marad-complete-final-two-modules-of-port-planning-and-investment-toolkit/].

House – bill introduced re harbor maintenance funding

clip_image012 Representative Kelly (R-PA) introduced the Investing in America: Unlocking the Harbor Maintenance Trust Fund Act (H.R. 1908) to provide for the use of funds in the Harbor Maintenance Trust Fund for the purposes for which the funds were collected and to ensure that funds credited to the Harbor Maintenance Trust Fund are used to support navigation. Representative Kelly issued a press release explaining the measure. (4/5/17) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr1908ih/pdf/BILLS-115hr1908ih.pdf].

Court – overtime compensation

clip_image014 The US Court of Appeals for the Eleventh Circuit ruled that entitlement to overtime compensation under the Fair Labor Standards Act must be determined based on the appropriate compensation period. Plaintiff sold cruises for defendant cruise line. His base pay was calculated weekly, while his commissions were calculated monthly. The court held that, in this situation, his entitlement to overtime compensation should be determined on a monthly basis. Freixa v Prestige Cruise Services, No. 16-13745 (11th Cir., April 13, 2017) [http://media.ca11.uscourts.gov/opinions/pub/files/201613745.pdf].

Court – ship owner responsibility under LHWCA

clip_image015 In an unpublished decision, the US Court of Appeals for the Eleventh Circuit affirmed the district court ruling that the ship owner breached no duty under the Longshore and Harbor Workers’ Compensation Act (LHWCA) when a longshoreman was injured during the stevedore’s loading of cargo in accordance with the owner’s general instructions. Miller v. Navalmar (UK) Ltd, No. 16-11967 (11th Cir., April 14, 2017) [http://media.ca11.uscourts.gov/opinions/unpub/files/201611967.pdf].

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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 – April 2017

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    logo11 Canary in the coal mine

    In the June 2017 edition of Maritime Reporter and Engineering News, you can find my article entitled "Canary in the coal mine". The article discusses how the historically record low level of Arctic sea ice serves as a sentinel, a warning that sea levels will rise as the Greenland ice cap melts and the water flows into the sea. The record high air temperatures in the Arctic that are causing the loss of sea ice are also leading to a loss of the thickness of the ice cap. Change is coming. Watch your tide gauge.