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February 2nd, 2018 at 11:53 am

Bryant’s Maritime Blog – 2 February 2018

Headlines:

St. Lawrence Seaway – anchorage grounds proposed;

USCG – towing vessel initial inspections;

USCG – testimony re El Faro loss;

NOAA – right whale DMA off Virginia;

NTSB – flooding of towing vessel;

EPA & USACE – ‘waters of the United States’;

BOEM – Offshore Wind & Maritime Industry Knowledge Exchange;

UK – Maritime Growth Study Review;

Malta – unlicensed parker jailed for six months; and

Ground Hog’s Day – 2 February 2018.

February 2, 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. Don’t believe everything you think.

St. Lawrence Seaway – anchorage grounds proposed

clip_image004 The US Coast Guard proposes to establish two anchorage grounds in the St. Lawrence Seaway: Carleton Island Anchorage and Tibbetts Point Anchorage, both near Cape Vincent, New York. Comments must be received by 3 May. 83 Fed. Reg. 4882 (2/2/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-02-02/pdf/2018-02114.pdf].

USCG – towing vessel initial inspections

clip_image004[1] The US Coast Guard issued a letter to towing vessel owners and operators encouraging them to contact their local Officer in Charge, Marine Inspection (OCMI) to schedule inspections of their towing vessels for their initial Certificate of Inspection (COI). (1/29/18) [http://www.dco.uscg.mil/Portals/9/TVNCOE/Documents/Default/CGCVCInspectionLtr.pdf?ver=2018-02-01-124449-403].

USCG – testimony re El Faro loss

clip_image004[2] The US Coast Guard issued a bulletin summarizing its testimony at the recent Congressional hearing into the loss of the cargo ship El Faro with 33 persons on board. (2/1/18) [http://mariners.coastguard.dodlive.mil/2018/02/01/2-1-2018-summary-of-congressional-testimony-regarding-el-faro-reports/].

NOAA – right whale DMA off Virginia

clip_image006 The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that a voluntary right whale speed restriction zone has been established in waters of the Atlantic off Virginia due to an aggregation of critically endangered North Atlantic right whales sighted in the area. Vessels transiting the designated area are requested to transit at 10 knots or less. The Dynamic Management Area (DMA) will remain in effect through 10 February. (1/31/18) [https://www.greateratlantic.fisheries.noaa.gov/mediacenter/2018/01/31_new_VA_voluntary_right_whale_speed_restriction_zone.html].

NTSB – flooding of towing vessel

clip_image008 The National Transportation Safety Board (NTSB) issued the report of its investigation of the flooding of the towing vessel Atlantic Raider in the St. Johns River on 28 October 2016. The vessel suddenly developed a port list while underway. Efforts to correct the list were ineffective; the list increased, water began to flood into the engine room, and the crew chose to intentionally ground the vessel. All three crewmembers disembarked safely. An oil sheen could be seen extending from the vessel. Damage was estimated between $800,000 and $1,200,000. ​The probable cause of the flooding of the towing vessel was a stern hull fracture that allowed ingress of water into the rudder compartment and caused the vessel to sink by the port quarter. Contributing to the accident was flooding through an open door to the engine room. MAB 18-02 (2/1/18) [https://www.ntsb.gov/investigations/AccidentReports/Reports/MAB1802.pdf].

EPA & USACE – ‘waters of the United States’

clip_image010 clip_image012 The Environmental Protection Agency (EPA) issued a news release stating that it and the US Army Corps of Engineers (USACE) have finalized a rule adding an applicability date to the 2015 Clean Water Rule. This rule is intended to provide clarity and certainty about which definition of ‘waters of the United States’ is applicable nationwide in response to judicial actions that could result in confusion. The new applicability date will be two years after this final rule is published in the Federal Register. (1/31/18) [https://www.epa.gov/newsreleases/epa-and-army-finalize-waters-united-states-applicability-date].

BOEM – Offshore Wind & Maritime Industry Knowledge Exchange

clip_image014 The Bureau of Ocean Energy Management (BOEM) issued a press release announcing that it will host the Offshore Wind and Maritime Industry Knowledge Exchange on 5-6 March in Linthicum Heights, Maryland. (2/1/18) [https://www.boem.gov/Offshore-Wind-and-Maritime-Industry-Knowledge-Exchange/].

UK – Maritime Growth Study Review

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The UK Department for Transport (DfT) posted the Maritime Growth Study Review. The Maritime Growth Study was published in 2015 and this is the first review of progress under the study. It shows strong improvement of collaboration between government and industry. There are still concerns, though, including with the general pace of delivery. (2/1/18) [https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/678365/maritime-growth-study-review.pdf].

Malta – unlicensed parker jailed for six months

clip_image018 Transport Malta issued a news release stating that the unlicensed parker who was fined €500 on 5 January for his activities in a car park has now been jailed for six months and fined €2,000 for ignoring court orders to stay away from the parking areas. (1/31/18) [http://www.transport.gov.mt/news/31st-january-2018-unlicensed-parker-jailed-for-6-months-after-ignoring-court-or].

Ground Hog’s Day – 2 February 2018

clip_image020 February 2 is celebrated as Ground Hog’s Day throughout the civilized world (i.e., Canada and the United States). On this day, if the ground hog comes out of its burrow and fails to see its shadow, winter will end in six weeks. If, though, the ground hog sees its shadow, then spring will arrive in a month and a half. (2/2/18).

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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 – February 2018

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    logo11 Strict liability criminal statutes

    In the February 2018 edition of Maritime Reporter and Engineering News, you can find my article entitled "Strict liability criminal statutes". The article discusses the omission from the Refuse Act of 1899 and the Migratory Bird Treaty Act of scienter provisions and how the courts over time have come to treat these statutes as creating strict criminal liability. Congress created the problem and Congress should fix it.