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May 15th, 2017 at 10:20 am

Bryant’s Maritime Blog – 15 May 2017

Headlines:

DHS – ransomware attacks;

USCG – safety alert re shared waterways;

Philadelphia – security zone proposed;

Senate – bill introduced re USCG commemorative coin;

House – bill introduced re LHWCA & recreational vessels;

Senate – bill introduced re DOT maritime programs;

Senate – bill introduced re small shipyard assistance;

Senate – bill introduced re offshore wind tax credit;

House – bill introduced re offshore wind tax credit;

Court – vicarious liability;

Arctic Council – Fairbanks Declaration 2017;

Arctic Council – scientific cooperation; and

Canada – Oil Tanker Moratorium Act.

May 15, 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. I don’t need anger management; I need people to stop pissing me off.

DHS – ransomware attacks

clip_image004 The Department of Homeland Security (DHS) issued a press release regarding the ongoing ransomware attacks. Good cybersecurity measures can deter all but the most determined cyber threats. These measures include: (1) updating your computers and IT systems (including smart phones) with the latest patches and software updates; (2) not clicking on or downloading unfamiliar links or files in emails; and (3) backing up your data. (5/12/17) [https://www.dhs.gov/news/2017/05/12/dhs-statement-ongoing-ransomware-attacks].

USCG – safety alert re shared waterways

clip_image006 The US Coast Guard issued a safety alert reminding mariners that waterways are shared by professionals and by recreational boaters and others. Everyone on the water should have a good working knowledge of the navigation rules and exercise caution. Don’t assume that everyone else is paying attention and is knowledgeable. Alert 04-17 (5/12/17) [https://www.uscg.mil/hq/cg5/cg545/alerts/0417.pdf].

Philadelphia – security zone proposed

clip_image007 The US Coast Guard proposes to establish a security zone within portions of the Delaware River and Schuylkill River for protection of very important persons (VIPs) who arrive and depart from Philadelphia International Airport. Comments on the proposal must be received by 14 June. 82 Fed. Reg. 22301 (5/15/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-05-15/pdf/2017-09763.pdf].

Senate – bill introduced re USCG commemorative coin

clip_image009 Senator Murphy (D-CT) introduced the United States Coast Guard Commemorative Coin Act of 2017 (S. 1021) to require the Secretary of the Treasury to mint coins in commemoration of the United States Coast Guard. Senator Murphy issued a press release explaining the measure. (5/3/17) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr2354ih/pdf/BILLS-115hr2354ih.pdf].

House – bill introduced re LHWCA & recreational vessels

clip_image011 Representative Byrne (R-AL) introduced the Longshore and Harbor Workers’ Compensation Clarification Act of 2017 (H.R. 2354) to amend the Longshore and Harbor Workers’ Compensation Act to provide a definition of recreational vessel for purposes of such Act. (5/4/17) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr2354ih/pdf/BILLS-115hr2354ih.pdf].

Senate – bill introduced re DOT maritime programs

clip_image012 Senator Fischer (R-NE) introduced a bill (S/ 1095) to amend and enhance certain maritime programs of the Department of Transportation, and for other purposes. Official text of the bill is not yet available. (5/11/17).

Senate – bill introduced re small shipyard assistance

clip_image009[1] Senator Baldwin (D-WI) introduced a bill (S. 1100) to amend title 46, United States Code, to authorize appropriations for the program to provide assistance for small shipyards and maritime communities through fiscal year 2020, and for other purposes. Official text of the bill is not yet available. (5/11/17)

Senate – bill introduced re offshore wind tax credit

clip_image009[2] Senator Markey (D-MA) introduced a bill (S. 1102) to amend the Internal Revenue Code of 1986 to provide for an investment tax credit related to the production of electricity from offshore wind. Official text of the bill is not yet available, but Senator Markey issued a press release explaining the measure. (5/11/17) [https://www.markey.senate.gov/news/press-releases/senators-markey-and-whitehouse-and-rep-langevin-lead-legislation-to-harness-offshore-wind-energy].

House – bill introduced re offshore wind tax credit

clip_image011[1] Representative Langevin (D-RI) introduced a bill (H.R. 2413) to amend the Internal Revenue Code of 1986 to provide for an investment tax credit related to the production of electricity from offshore wind. Official text of the bill is not yet available. (5/11/17).

Court – vicarious liability

clip_image014 The US Court of Appeals for the Fifth Circuit, in a mercifully brief opinion, affirmed the district court’s grant of summary judgment in favor or defendant offshore platform operator in a personal injury suit brought by a crane mechanic. The court held that the defendant was not vicariously liable for the alleged negligence of its independent contractors where the activity being performed was not ultrahazardous and it did not exercise operational control over those actions. Davis v. Dynamic Offshore Resources, No. 16-40059, (5th Cir., May 12, 2017) [http://www.ca5.uscourts.gov/opinions/pub/16/16-40059-CV0.pdf].

Arctic Council – Fairbanks Declaration 2017

clip_image016 The Arctic Council member states signed the Fairbanks Declaration 2017 at their Ministerial Meeting on 11 May in Fairbanks. The document reaffirms the parties’ commitment to maintain peace, stability, and constructive cooperation in the Arctic. (5/11/17) [https://www.state.gov/documents/organization/271043.pdf].

Arctic Council – scientific cooperation

clip_image016[1] The Arctic Council member states signed the Agreement on Enhancing International Arctic Scientific Cooperation at their Ministerial Meeting in Fairbanks on 11 May. The 30-page document includes text in English, French, and Russian. (5/11/17) [https://www.state.gov/documents/organization/271057.pdf].

Canada – Oil Tanker Moratorium Act

clip_image018 Transport Canada issued a news release stating that the Government of Canada introduced in Parliament C-46, the Oil Tanker Moratorium Act that seeks to formalize an oil tanker moratorium on British Columbia’s north coast. The proposed act would prohibit oil tankers carrying more than 12,500 metric tonnes of crude or persistent oil as cargo from stopping, loading, or unloading any of these oils at ports or marine installations in northern British Columbia. (5/12/17) [https://www.canada.ca/en/transport-canada/news/2017/05/crude_oil_tankermoratoriumonbritishcolumbiasnorthcoast.html].

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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 – May 2017

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    logo11 Alternate Compliance Program

    In the December 2017 edition of Maritime Reporter and Engineering News, you can find my article entitled "Alternate Compliance Program". The article discusses the US Coast Guard program for delegating to authorized classification societies the authority to perform specific inspections on US-flag vessels on its behalf. The USCG investigation into the tragic loss of the cargo ship El Faro identified various shortcomings in this program. Efforts should be undertaken to get it back on track.