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Bryant's Maritime Consulting

November 9th, 2017 at 11:42 am

Bryant’s Maritime Blog – 9 November 2017

Headlines:

USCG – new MSC website;

USCG – boater safety education funding;

USCG – BWMS type approval application received;

USCG – amended BWMS type approval certificate;

Court – OPA 90 exemptions not applicable;

Court – LNG export licenses upheld; and

Australia – ship accommodation ladders.

November 6, 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 – new MSC website

clip_image004 The USCG Marine Safety Center (MSC) issued a bulletin announcing the enhancements of its new website. All of its plan review guides, tonnage guides, and ballast water type approvals may now be accessed there. (10/31/17) [http://www.dco.uscg.mil/Portals/9/MSC/MSCIB/MSCIB_03-17.pdf].

USCG – boater safety education funding

clip_image004[1] The US Coast Guard issued a bulletin announcing that it may award up to $5.1 million for cooperative agreements in support of the National Recreational Boating Safety Program. The deadline to apply is 26 January 2018. (11/8/17) [http://mariners.coastguard.dodlive.mil/2017/11/08/1182017-notice-of-funding-opportunity-to-promote-boater-safety-education/].

USCG – BWMS type approval application received

clip_image004[2] The US Coast Guard issued a bulletin stating that it received an application for ballast water management system (BWMS) type approval for the Electro-Cleen System manufactured by Techcross, Inc. This is the eighth application received from BWMS type approval. (11/3/17) [http://mariners.coastguard.dodlive.mil/2017/11/03/1132017-eighth-application-received-for-bwms-type-approval/].

USCG – amended BWMS type approval certificate

clip_image004[3] The US Coast Guard issued a bulletin stating that an updated ballast water management system (BWMS) type approval certificate has been issued to Optimarin AS for the Optimarin OBS/OBS Ex BWMS. (11/3/17) [http://mariners.coastguard.dodlive.mil/2017/11/03/1132017-marine-safety-center-issues-amended-ballast-water-management-system-type-approval-certificate-to-optimarin-as/].

Court – OPA 90 exemptions not applicable

clip_image006 The US Court of Appeals for the Fifth Circuit ruled that the owner of a vessel that was operated in a grossly negligent manner while operating under a bareboat charter may be fully liable for an oil discharge caused by such operation. Defendant had bareboat chartered its tug Mel Oliver to DRD Towing, which then operated the tug under a fully found charter to defendant. The tug was pushing a loaded tank barge across the Mississippi River with an unqualified person in charge when it collided with a downbound vessel, causing the loss of the tank barge and its entire cargo. The court found that DRD Towing was not a third party because it was in a close contractual arrangement with defendant and that defendant could not limit its liability due to the gross negligence. US v. American Commercial Lines, LLC, No. 16-31150 (5th Cir., November 7, 2017) [http://www.ca5.uscourts.gov/opinions/pub/16/16-31150-CV0.pdf]. Note: This item was brought to my attention by my good friend David Reisman of Liskow & Lewis.

Court – LNG export licenses upheld

clip_image008 The US Court of Appeals for the District of Columbia Circuit the petitions for review filed by an environmental advocacy group challenging defendant’s approval of three LNG export license applications. The court found that the approval decisions were not arbitrary, capricious, or an abuse of discretion. Sierra Club v. Department of Energy, No. 16-1186 (D.C. Cir., November 1, 2017) [https://www.cadc.uscourts.gov/internet/judgments.nsf/53A522314213ED75852581CB00429F92/$file/16-1186.pdf].

Australia – ship accommodation ladders

clip_image010 The Australian Maritime Safety Authority (AMSA) issued a notice regarding potential hazards and risks associated with accommodation ladders rigged with unapproved or inadequate secondary means of support arrangements. Marine Notice 13/2017 (November 2017) [https://apps.amsa.gov.au/MOReview/MarineNoticeExternal.html].

Great Lakes storm of 1913

clip_image012 In early November, 1913, a blizzard struck the US Midwest and the Canadian province of Ontario. The Great Lakes storm of 1913 reached its highest intensity on 9 November. A total of 19 ships were sunk and another 19 were stranded on Lakes Superior, Michigan, Huron, and Erie. Cargo losses were in excess of 68,300 tons and were valued at over a million dollars. More than 280 mariners lost their lives in the most destructive natural disaster to ever strike the Great Lakes.

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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 – November 2017

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