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Bryant's Maritime Consulting

November 10th, 2017 at 12:20 pm

Bryant’s Maritime Blog – 10 November 2017

Headlines:

Yemen – temporary port closures;

USCG – AMSC 2016 Annual Report;

FMC – regulatory reform efforts continue;

FMC – draft strategic plan;

Senate – bill introduced re port cybersecurity;

House – bill introduced re whistleblower protection;

House – bill introduced re Sea Grant College Program;

Court – maritime lien denied;

Court – passenger slip and fall;

IMO – port state control regimes;

EC – Belgium tax measures approved;

ReCAAP – October report;

Panama Canal – October operations;

Singapore – bunkering licenses revoked;

UK – fatal timber cargo accident;

SS Edmund Fitzgerald – 10 November 1975; and

Veterans Day/Remembrance Day/Armistice Day.

November 10, 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.

Yemen – temporary port closures

clip_image004 The Maritime Administration (MARAD) posted an Alert announcing the temporary closure of Yemeni ports. Alert 2017-008A (11/9/17) [https://www.marad.dot.gov/msci/alert/2017/25538/].

USCG – AMSC 2016 Annual Report

clip_image006 The US Coast Guard issued a bulletin announcing publication of the Area Maritime Security Committees (AMSC) 2016 Annual Report. (11/9/17) [http://mariners.coastguard.dodlive.mil/2017/11/09/1192017-area-maritime-security-committees-2016-annual-report-challenges-accomplishments-and-best-practices/].

FMC – regulatory reform efforts continue

clip_image008 The Federal Maritime Commission (FMC) issued a news release summarizing the recent meeting of the Commissioners. The Commissioners approved the Notice of Proposed Rulemaking (NPRM) that simplifies and streamlines the FMC rules and regulations concerning Non-Vessel Operating Common Carrier (NVOCC) Service Arrangements (NSA) and Negotiated Rate Arrangements (NRA). (11/9/17) [https://www.fmc.gov/regulatory_reform_november_meeting/].

FMC – draft strategic plan

clip_image009 The Federal Maritime Commission (FMC) issued a news release stating that it seeks comments on its FY18-22 Initial Draft Strategic Plan. Comments must be submitted by 6 December. (11/6/17) [https://www.fmc.gov/commission_publishes_fy18-22_initial_draft_strategic_plan/].

Senate – bill introduced re port cybersecurity

clip_image011 Senator Harris (D-CA) introduced a bill (S. 2083) to enhance cybersecurity information sharing and coordination at ports in the United States, and for other purposes. Official text of the bill is not yet available, but Senator Harris issued a press release explaining the measure. (11/7/17) [https://www.harris.senate.gov/content/harris-sullivan-introduce-legislation-upgrade-cybersecurity-us-ports].

House – bill introduced re whistleblower protection

clip_image013 Representative DeSaulnier (D-CA) introduced a bill (H.R. 4304) to provide whistleblower protections to certain workers in the offshore oil and gas industry. Official text of the bill is not yet available. (11/8/17).

House – bill introduced re Sea Grant College Program

clip_image013[1] Representative Huffman (D-CA) introduced a bill (H.R. 4306) to reauthorize and amend the National Sea Grant College Program Act, and for other purposes. Official text of the bill is not yet available. (11/8/17).

Court – maritime lien denied

clip_image015 The US Court of Appeals for the First Circuit affirmed the denial of a requested maritime lien for certain undelivered items that had been ordered by the operators of a passenger vessel prior to its cessation of operation. While a maritime lien was allowed for delivered items (necessaries), the court held that inventory remaining in plaintiff’s warehouse had not been delivered in a manner as to create a maritime lien. Maine Uniform Rental v MV Nova Star, No. 16-2467 (1st Cir., November 7, 2017) [http://media.ca1.uscourts.gov/pdf.opinions/16-2467P-01A.pdf].

Court – passenger slip and fall

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In an unpublished decision, the US Court of Appeals for the Eleventh Circuit affirmed the grant of summary judgment in favor of defendant cruise ship operator in a passenger slip and fall case. The court ruled that plaintiff failed to introduce any evidence that the defendant had actual or constructive knowledge of the alleged hazardous condition. Gorczyca v. MSC Cruises SA, No. 16-15491 (11th Cir., November 6, 2017) [http://media.ca11.uscourts.gov/opinions/unpub/files/201615491.pdf].

IMO – port state control regimes

clip_image019 The IMO issued a news release stating that port state control regimes have pledged to strengthen their collaboration with the IMO and amongst themselves. They also agreed to consider moving away from ‘black/grey/white’ lists toward expanding an individual ship risk profile approach. (11/6/17) [http://www.imo.org/en/MediaCentre/PressBriefings/Pages/30-PSC-workshop.aspx].

EC – Belgian tax measures approved

clip_image021 The European Commission (EC) issued a press release stating that it has approved certain Belgian tax measures that encourage shipping companies to register their ships in Europe and so ensure higher social, environmental, and safety measures. (11/6/17) [http://europa.eu/rapid/press-release_IP-17-4382_en.htm].

ReCAAP – October report

clip_image023 The ReCAAP Information Sharing Centre issued its Report for October 2017. A total of nine incidents of piracy and armed robbery against ships in Asian waters were reported during the month. None of the incidents involved abduction of crew or hijacking of ships. (11/7/17) [http://www.recaap.org/DesktopModules/Bring2mind/DMX/Download.aspx?Command=Core_Download&EntryId=572&PortalId=0&TabId=78].

Panama Canal – October operations

clip_image025 The Panama Canal Authority (ACP) issued an advisory summarizing Canal operations during October. It includes the schedule of locks maintenance outages for the remainder of the fiscal year. Advisory 39-2017 (11/8/17) [https://www.pancanal.com/common/maritime/advisories/2017/a-39-2017.pdf].

Singapore – bunkering licenses revoked

clip_image027 The Singapore Maritime and Port Authority (MPA) issued a news release stating that the bunkering licenses of Transocean Oil Pte Ltd have been revoked for falsification of records and discrepancies in stock movement logbooks. (11/6/17) [http://www.mpa.gov.sg/web/portal/home/media-centre/news-releases/detail/b3611b11-db2e-441b-8851-0f23da10c881].

UK – fatal timber cargo accident

clip_image029 The UK Marine Accident Investigation Branch (MAIB) issued the report of its investigation of the fatal accident onboard the bulk carrier Graig Rotterdam in Alexandria, Egypt on 19 December 2016. The vessel was discharging a deck cargo of packaged timber. At 1109, the bosun, a Chinese national, fell overboard and into a barge that was secured alongside after the timber deck cargo stack on which he was standing partially collapsed. Although the ship’s crew provided first-aid following the accident, the bosun later died of his injuries. Poor stevedoring practices probably contributed to the unsecured cargo stack collapsing, and no measures were in place to prevent the bosun from falling overboard as a result. With the deck cargo lashings removed, the cargo packages had insufficient racking strength to counter the effects of ship movement, cargo repositioning, dunnage displacement, barges securing to deck cargo stacks, and cargo discharge operations over a prolonged period. Report 25/2017 (11/9/17) [https://assets.publishing.service.gov.uk/media/5a003f07ed915d15b3e5ae01/MAIBInvReport25_2017.pdf].

SS Edmund Fitzgerald – 10 November 1975

clip_image031 On 10 November 1975, the laker Edmund Fitzgerald sank in Lake Superior with a loss of all 29 hands. It was one of the largest ships on the Great Lakes, carrying over 26,000 tons of taconite ore between Duluth/Superior and the steel mills to the south. The “Fitz” had departed on 9 November in tandem with another laker, but sailed directly into an early winter storm. It sank suddenly, without making a distress call, at about 7:30 p.m., in heavy snow with winds gusting to hurricane force and seas exceeding 30 feet in height. Gordon Lightfoot memorialized the casualty in his hit song “The Wreck of the Edmund Fitzgerald”.

Veterans Day/Remembrance Day/Armistice Day

clip_image033 Saturday, November 11, will be marked as the 99th anniversary of the signing of the armistice ending World War I – the war to end all wars, as it was proclaimed at the time. The day is commemorated as Veterans Day in the United States; as Remembrance Day in the Commonwealth nations; and as Armistice Day in France and Belgium. On this day, we also should remember the sacrifices of our military personnel, as well as those of the merchant marine who deliver vital supplies across dangerous seas in time of war.

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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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