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January 4th, 2018 at 11:22 am

Bryant’s Maritime Blog – 4 January 2018


DOI – MBTA newly interpreted;

DOS – meeting on 24 January re PPR 5;

FMC – petition for filing exemption;

Seattle – $650,000 in Clean Diesel Program awards;

Court – LHWCA benefits and retirement; and

UK – Code of Safe Working Practices.

January 4, 2018

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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. Whatever hits the fan is not evenly distributed.

DOI – MBTA newly interpreted

clip_image004 The Department of the Interior (DOI) Office of Solicitor issued an opinion letter concluding that the Migratory Bird Treaty Act (MBTA) does not apply to incidental or accidental actions that take (injure or kill) migratory birds. M-37050 (12/22/17) []. Note: This is an abrupt departure from a long-standing federal position and contradicts numerous court decisions. Litigation is likely.

DOS – meeting on 24 January re PPR 5

clip_image006 The Department of State (DOS) issued a notice stating that it will host a meeting on 24 January in Washington, DC to prepare for the upcoming session of the IMO Sub-Committee on Pollution Prevention and Response (PPR 5). Topics on the agenda include ballast water sampling and analysis; and the impact on the Arctic of black carbon emission from shipping; shipboard gasification of waste systems. 83 Fed. Reg. 61000 (1/4/18) [].

FMC – petition for filing exemption

clip_image008 The Federal Maritime Commission (FMC) issued a notice stating that it received a petition from Ocean Network Express Pte Ltd for an exemption from filing individual service contract amendments. Petitioner plans to acquire assets of the container shipping divisions of K Line, MOL, and NYK with their approximately 4,800 service contracts. Comments on the petition must be received by 10 January. 83 Fed. Reg. 61000 (1/4/18) [].

Seattle – $650,000 in Clean Diesel Program awards

clip_image010 The Environmental Protection Agency (EPA) issued a news release stating that $650,000 has been awarded under the Clean Diesel Program to reduce air emissions from up to eight ships in the Seattle area. (1/3/18) [].

Court – LHWCA benefits and retirement

clip_image012 The US Court of Appeals for the Fourth Circuit reversed the ruling of the Benefits Review Board and held that, under the Longshore and Harbor Workers’ Compensation Act (LHWCA), a shipyard worker who is injured on the job just prior to scheduled voluntary retirement and who does not undergo surgery until after retirement is entitled to compensation for his post-surgery recovery period during which he was not medically cleared for work. Moody v. Huntington Ingalls, No. 16-1773 (4th Cir., January 3, 2018) [].

UK – Code of Safe Working Practices

clip_image014 The UK Maritime and Coastguard Agency (MCA) issued the 2017 Code of Safe Working Practices for Merchant Seafarers. The 523-page document is intended as guidance for seafarers on UK ships, but can be utilized by others. (1/3/18) [].

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Dennis L. Bryant

Bryant’s Maritime Consulting

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© Dennis L. Bryant – January 2018

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    logo11 The Forward-Facing Coast Guard

    In the November 2018 edition of Maritime Reporter and Engineering News, you can find my article entitled "The Forward-Facing Coast Guard". The article discusses the recently-published Coast Guard Maritime Commerce Strategic Outlook. The document identifies three major lines of effort for meeting the service's challenges ahead: (1) facilitating lawful trade and travel on secure waterways; (2) modernizing aids to navigation and mariner information systems; and (3) transforming workforce capacity and partnerships. The Outlook goes a long way toward providing Coast Guard members and employees and those who work with or are impacted by the service with a better understanding of where this national treasure is headed.