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Bryant's Maritime Consulting

March 5th, 2018 at 11:05 am

Bryant’s Maritime Blog – 5 March 2018

Headlines:

USCG – containers lost off North Carolina;

USCG – ballast water management guidance;

Puerto Rico – vessel salvage project nearly complete; and

Court – foreign v. domestic vessel.

March 5, 2018

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USCG – containers lost off North Carolina

clip_image004 The US Coast Guard issued a news release stating that the container ship Maersk Shanghai reported that it lost 70 to 73 cargo containers about 17 miles off Oregon Inlet, North Carolina due to high winds and heavy seas. Mariners should transit the area with caution. (3/4/18) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1df7483].

USCG – ballast water management guidance

clip_image005 The US Coast Guard issued a Navigation and Vessel Inspection Circular (NVIC) concerning ballast water management. It is intended to provide the latest guidance to maritime industry and Coast Guard personnel based on the latest regulatory amendments. NVIC 01-18 (3/1/18) [http://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/2018/NVIC-01_18.pdf].

Puerto Rico – vessel salvage project nearly complete

clip_image005[1] The US Coast Guard issued a news release stating that the project to mitigate environmental threats and remove vessels sunk or stranded in Puerto Rico by Hurricane Maria is in its final stages. Of the 377 sunken or beached vessels, 376 have been mitigated or removed. (3/4/18) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1df8cb7].

Court – foreign v. domestic vessel

clip_image007 In an unpublished decision, the US Court of Appeals for the Fifth Circuit affirmed the district court’s summary judgment against plaintiff seafarer’s claim of personal injury based on negligence and unseaworthiness against defendant owner of a jack-up drilling rig. The decision was grounded on a failure of the plaintiff to provide evidence supporting her claim. More interesting, at least to me, was how the court struggled with whether the drilling rig was an inspected vessel. When the court couldn’t come to a satisfactory conclusion, it defaulted to a determination that the drilling rig must be an uninspected vessel. I ascribe this outcome to a failure on the part of counsel on both sides to clearly marshal their positions as the court seems to assume that the vessel was US flag. Thomas v. Hercules Offshore Services, No. 17-30638 (5th Cir., March 2, 2018) [http://www.ca5.uscourts.gov/opinions/unpub/17/17-30638.0.pdf].

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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 – March 2018

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    logo11 Confidential near-miss reporting

    In the September 2018 edition of Maritime Reporter and Engineering News, you can find my article entitled "Confidential near-miss reporting". The article discusses the value of near-miss reporting in the improvement of safety and identifies a methodology that the US Coast Guard could adopt, with industry support, to implement a confidential near-miss reporting regime similar (but not identical) to the program utilized in the aviation industry.