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Bryant's Maritime Consulting

June 5th, 2017 at 10:09 am

Bryant’s Maritime Blog – 5 June 2017

Headlines:

USCG – hurricane contingency plans;

USCG – foreign rebuild determination;

USCG – recreational boating fatalities;

Aleutians – waterways safety committee workgroup;

FEMA – $100 million for PSGP;

FMC – regulatory reform;

NPS – Maritime Heritage Grants;

CMTS – water-related infrastructure;

CMTS – infrastructure, safety & innovation;

DOE – LNG exports authorized;

House – bill introduced re Hudson River anchorages;

House – bill introduced re fishing safety training;

Senate – bill introduced re maritime workforce training;

Court – definition of ‘good faith’;

UN – Oceans Conference;

Gulf of Oman – attack by suspected pirates;

Bab-el-Mandeb – oil tanker attacked;

Paris & Tokyo MOUs – CIC to focus on ECDIS;

Paris & Tokyo MOUs – ship safety declaration;

Bahamas – lifejacket light battery failure;

Canada – new lifeboat stations;

India – loading of certain bulk cargoes; and

Panama Canal – tolls modifications proposed.

June 5, 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. Respect your parents – they passed school without Google!

USCG – hurricane & heavy weather contingency plans

clip_image004 In anticipation of the North Atlantic hurricane season, my compilation of USCG Hurricane & Heavy Weather Contingency Plans has been updated to include the latest plans from Sectors Houston-Galveston and Savannah. Please advise if you become aware of new or revised contingency plans that should be included in the compilation. (6/2/17) [http://www.brymar-consulting.com/wp-content/uploads/HCP/HCP_170602.pdf]. Note: A tip of the hat to Tom Wright of the Savannah Maritime Association, who is working to have Savannah designated a Coast Guard City.

USCG – foreign rebuild determination

clip_image004[1] The USCG National Vessel Documentation Center (NVDC) posted a Ruling Letter concerning proposed to be made to Horizon Enterprise and Horizon Pacific in a foreign shipyard. Because these vessels have had multiple foreign rebuilds, the NVDC applied the considerable part test as reduced by the cumulative steelweight changes of those foreign rebuilds. Regardless, performance of the proposed work was determined to not adversely affect the eligibility of these vessels to engage in the coastwise trades. (5/25/17) [https://www.uscg.mil/hq/cg5/nvdc/rebuild/Pasha.pdf].

USCG – recreational boating fatalities

clip_image004[2] The US Coast Guard issued a news release stating that recreational boating fatalities in 2016 totaled 701, the highest number in the past five years. (5/31/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/19e927f].

Aleutians – waterways safety committee workgroup

clip_image004[3] The US Coast Guard issued a news release stating that local port stakeholders have launched the Aleutian Islands Waterways Safety Committee Workgroup to discuss and recommend safe navigational practices that complement existing regulatory requirements. (6/1/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/19ef1e1].

FEMA – $100 million for PSGP

clip_image006 The Federal Emergency Management Agency (FEMA) issued a notice stating that the Port Security Grant Program (PSGP) will be funded at the $100 million level for FY 2017. (6/2/17) [https://www.fema.gov/fiscal-year-2017-port-security-grant-program].

FMC – regulatory reform

clip_image008 The Federal Maritime Commission (FMC) issued a notice stating that it seeks information and comments in an effort to identify existing FMC regulations that are outdated, unnecessary, ineffective, eliminate jobs or inhibit job creation, impose costs that exceed benefits, or otherwise interfere with regulatory reform initiatives and policies. Comments should be submitted by 5 July. 82 Fed. Reg. 25221 (6/1/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-06-01/pdf/2017-11321.pdf].

NPS – Maritime Heritage Grants

clip_image010 The National Park Service (NPS) issued a notice stating that, through 4 August, it is accepting proposals for Maritime Heritage Grants. Available funds total approximately 2.5 million. (6/2/17) [https://www.nps.gov/maritime/grants/apply.htm]. Note: This item was brought to my attention by my good friend Denise Krepp of EMR USA.

CMTS – water-related infrastructure

clip_image012 On May 19, 2017, the Committee on the Marine Transportation System (CMTS) and the Water Infrastructure Working Group hosted an engaging interagency discussion on the state of water-related infrastructure. Representatives from the U.S. Department of Transportation, U.S. Army Corps of Engineers, U.S. Bureau of Reclamation, U.S. Department of Agriculture, and the U.S. Environmental Protection Agency participated. The event was recorded on YouTube. [https://www.youtube.com/embed/kec1M0iXTJ0].

CMTS – infrastructure, safety & innovation

clip_image012[1] On May 16, 2017, the Committee on the Marine Transportation System (CMTS) hosted “TED-like” talks on Infrastructure, Safety, and Innovation to discuss physical and technological infrastructure related to the Marine Transportation System (MTS). This event was held in conjunction with National Infrastructure Week 2017—a national week of events, media coverage, and education and advocacy efforts to elevate infrastructure as a critical issue impacting all Americans. The event was recorded on YouTube. [https://www.youtube.com/embed/gWAfEm1kx5o].

DOE – LNG exports authorized

clip_image014 The Department of Energy (DOE) issued a news release stating that it has approved a long-term application to export liquefied natural gas (LNG) from the first offshore project, Delfin LNG, LLC. (6/1/17) [https://www.energy.gov/articles/us-department-energy-authorizes-additional-liquefied-natural-gas-exports-offshore-project].

House – bill introduced re Hudson River anchorages

clip_image016 Representative Maloney (D-NY) introduced the Anchorages Away Act (H.R. 2619) to prohibit the Coast Guard from establishing any new anchorage grounds in the Hudson River, New York, until it reports to the Congress on the potential impact of such anchorage grounds to sites listed on the National Priorities List and to critical habitat. Representative Maloney issued a press release explaining the measure. (5/24/17) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr2619ih/pdf/BILLS-115hr2619ih.pdf].

House – bill introduced re fishing safety training

clip_image016[1] Representative Keating (D-MA) introduced the Fishing Safety Training and Research Act (H.R. 2637) to amend title 46, United States Code, to reauthorize the Fishing Safety Training Grant Program and the Fishing Safety Research Grant Program. (5/24/17) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr2637ih/pdf/BILLS-115hr2637ih.pdf].

Senate – bill introduced re maritime workforce training

clip_image018 Senator Baldwin (D-WI) introduced the Domestic Maritime Centers of Excellence Act of 2017 (S. 1186) to authorize the Secretary of Transportation to designate certain entities as centers of excellence for domestic maritime workforce training and education, and for other purposes. (5/18/17) [https://www.gpo.gov/fdsys/pkg/BILLS-115s1186is/pdf/BILLS-115s1186is.pdf].

Court – definition of ‘good faith’

clip_image020 The US Court of Appeals for the Fifth Circuit remanded a whistleblower case to the district court after certifying to the Louisiana Supreme Court a question on the definition under Louisiana law of the term ‘good faith’. Because the district court had utilized a different definition than that provided by the state court, the whistleblower suit was remanded for further proceedings. Borcik v. Crosby Tugs, No. 15-30435 (5th Cir., June 1, 2017) [http://www.ca5.uscourts.gov/opinions/pub/15/15-30435-CV0.pdf].

UN – Oceans Conference

clip_image021 The United Nations (UN) issued a notice stating that the Oceans Conference will be held in New York on 5-9 June. (6/1/17) [https://oceanconference.un.org/].

Gulf of Oman – attack by suspected pirates

clip_image023 The EU NAVFOR issued a press release confirming that the oil tanker NAVIG8 Providence came under attack by suspected armed pirates on 1 June in the Gulf of Oman. The suspected pirates broke off their attack after an exchange of small arms fire with the tanker’s maritime security team. (6/1/17) [http://eunavfor.eu/eu-navfor-confirms-attack-by-suspected-pirates-on-oil-tanker-in-gulf-of-oman-vessel-now-safe/].

Bab-el-Mandeb – oil tanker attacked

clip_image025 The EU NAVFOR issued a press release confirming that an oil tanker was attacked while transiting the Bab-el-Mandeb Strait. The unsuccessful attack from a skiff involved use of three rocket-propelled grenades. The attack does not fit the pattern of typical pirate attack and may be related to the current unrest in Yemen. (5/31/17) [http://eunavfor.eu/eu-navfor-confirms-oil-tanker-attacked-in-bab-el-mandeb-strait-incident-under-investigation/].

Paris & Tokyo MOUs – CIC to focus on ECDIS

clip_image027 clip_image029 The Paris MOU issued a press release stating that, together with the Tokyo MOU, its next Concentrated Inspection Campaign (CIC) will focus on Safety of Navigation, including ECDIS. (5/29/17) [https://www.parismou.org/paris-mou-marks-its-35th-anniversary-holding-its-50th-meeting-gdansk-poland].

Paris & Tokyo MOUs – ship safety declaration

clip_image027[1] clip_image029[1] The Paris MOU issued a press release stating that at the Third Joint Ministerial Conference of the Paris and Tokyo MOU’s the ministers signed a new international declaration on ship safety. (5/30/17) [https://www.parismou.org/global-leaders-sign-new-international-declaration-ship-safety-3rd-joint-ministerial-conference].

Bahamas – lifejacket light battery failure

clip_image031 The Bahamas Maritime Authority issued an alert regarding lifejacket light battery failures manufactured by Alcares, type Jack A1-Alk and Jack ARH-Alk, distributed by Datrex. Technical Alert 17-04 (5/26/17) [http://www.bahamasmaritime.com/wp-content/uploads/2017/05/17-04-lifejacket-lights-Rev0.pdf]. Note: This item was brought to my attention by my good friend Steven Jevnisek of Great Lakes Dredge & Dock Company.

Canada – new lifeboat stations

clip_image033 Transport Canada issued a news release stating that the Canadian Coast Guard is opening seven new lifeboat stations: four in British Columbia and three in Newfoundland and Labrador. (5/31/17) [https://www.canada.ca/en/transport-canada/news/2017/05/lifeboat_stationsand247emergencyresponseatregionaloperationscent.html].

India – loading of certain bulk cargoes

clip_image035 The Indian Directorate General of Shipping (DGS) issued a circular stating that Port State/Flag State inspections of bulk carriers loading iron ore fines and similar material from Indian ports will no longer be required if the masters submit certain information regarding the cargo and loading process. NT/ENG Circular 2-2017 (5/31/17) [http://dgshipping.gov.in/WriteReadData/News/201706010541106905520dgs_circular_02of2017_nt_eng_branch.pdf].

Panama Canal – tolls modifications proposed

clip_image037 The Panama Canal Authority (ACP) issued a press release announcing that it is proposing modifications to the current tolls structure. Comments on the proposal must be received by 3 July. A public hearing will be held on 5 July in Panama City. (6/1/17) [https://www.pancanal.com/eng/pr/press-releases/2017/06/02/pr626.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 – June 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.