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November 13th, 2017 at 11:51 am

Bryant’s Maritime Blog – 13 November 2017


OFAC – economic sanctions re Cuba;

DOT – drug-testing program;

Court – negligent mode of operation; and

UN – piracy off coast of Somalia.

November 13, 2017

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OFAC – economic sanctions re Cuba

clip_image004 The Office of Foreign Assets Control (OFAC) promulgated a final rule amending the Cuban Assets Control Regulations to implement the recent National Security Presidential Memorandum. These amendments implement changes to the authorizations for travel to Cuba and restrict certain financial transactions. The changes entered into effect on 9 November. OFAC also posted a set of Frequently Asked Questions (FAQ) and a Fact Sheet concerning the regulations. (11/9/17).

DOT – drug-testing program

clip_image006 The Department of Transportation (DOT) promulgated a final rule amending its drug-testing program regulation to add hydrocodone, hydromorphone, oxymorphone, and oxycodone to its drug-testing panel; add methylenedioxyamphetamine as an initial test analyte; and remove methylenedioxyethlamphetamine as a confirmatory test analyte. Minor amendments to other provisions are included. The rule enters into effect on 1 January 2018. 82 Fed. Reg. 52229 (11/13/17) [].

Court – negligent mode of operation

clip_image008 In an unpublished decision, the US Court of Appeals for the Eleventh Circuit affirmed the grant of summary judgment in favor of defendant vessel operator in a passenger trip and fall case. Among other things, plaintiff passenger asserted that defendant had created a negligent mode of operation on its vessel. The court held that, while negligent mode of operation may be a cause of action under Florida law, it is not recognized in admiralty law. Malley v. Royal Caribbean Cruises, No. 17-11437 (11th Cir., November 9, 2017) [].

UN – piracy off coast of Somalia

clip_image009 The United Nations Security Council adopted Resolution 2383 (2017) calling for development of additional safety and security measures on board vessels aimed at preventing and suppressing piracy off the coast of Somalia in coordination with the IMO. (11/7/17) [].

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
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© Dennis L. Bryant – November 2017

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    logo11 Liquefaction

    In the October 2018 edition of Maritime Reporter and Engineering News, you can find my article entitled "Liquefaction". The article discusses the shocking number of bulk carriers that have suddenly and catastrophically been lost at sea in recent years. The known or suspected cause of these tragic losses has been liquefaction of cargo. Despite efforts of the IMO, insurers, and trade associations, these losses continue. Installing a longitudinal bulkhead in each cargo hold would reduce the risk of liquefaction and the consequent loss of ships, cargo, and crews.