Assisting the maritime industry in regulatory compliance

Bryant's Maritime Consulting

May 11th, 2018 at 10:45 am

Bryant’s Maritime Blog – 11 May 2018

Headlines:

Hawaii – lava flow safety zone;

DOJ – proposed consent decree;

BSEE – well control and blowout preventer systems;

DOJ – shipping company fined $1 million;

House – bill introduced re TWIC readers;

House – bill introduced to require TWIC testing;

Court – timely disclosure of expert witness;

Canada – Port Modernization Review;

Singapore – MFM systems for bunker tankers;

UK – tackling misuse of lasers; and

MREN – Scrapping risks.

May 11, 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. Common sense is a flower that doesn’t grow in everyone’s garden.

Hawaii – lava flow safety zone

clip_image006 The US Coast Guard promulgated a final rule, effective immediately, establishing a permanent safety zone surrounding the area of entry of lava from the Kilauea volcano into the Pacific Ocean from the Island of Hawaii. 83 Fed. Reg. 21876 (5/11/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-05-11/pdf/2018-10049.pdf].

DOJ – proposed consent decree

clip_image008 The Department of Justice (DOJ) issued a notice stating that it lodged a proposed consent decree in its lawsuit against Challenge Fisheries for alleged discharges of oily waste water from fishing vessels into coastal waters. Comments must be received within 30 days. 83 Fed. Reg. 22103 (5/11/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-05-11/pdf/2018-10047.pdf].

BSEE – well control and blowout preventer systems

clip_image010 The Bureau of Safety and Environmental Enforcement (BSEE) proposes to revise the regulations for well control and blowout preventer systems for offshore oil and gas drilling, completions, workovers, and decommissioning. Comments on the proposal must be received by 10 July. 83 Fed. Reg. 22128 (5/11/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-05-11/pdf/2018-09305.pdf].

DOJ – shipping company fined $1 million

clip_image008[1] The Department of Justice (DOJ) issued a news release stating that a Japanese shipping company has been ordered to pay a fine of $1 million, placed on probation for three years, and directed to implement a court-approved comprehensive environmental compliance program after being convicted of obstruction of justice and falsification of an oil record book to cover up the intentional discharge of oily waste water into the ocean. (5/10/18) [https://www.justice.gov/opa/pr/shipping-company-will-pay-million-dollar-fine-environmental-pollution-crimes].

House – bill introduced re TWIC readers

clip_image012 Representative Katko (R-NY) introduced a bill (H.R. 5729) to restrict the department in which the Coast Guard is operating from implementing any rule requiring the use of biometric readers for biometric transportation security cards until after submission to Congress of the results of an assessment of the effectiveness of the transportation security card program. Official text of the bill is not yet available. (5/9/18).

House – bill introduced to require TWIC testing

clip_image013 Representative Katko (R-NY) introduced a bill (H.R. 5730) to require testing and evaluation of advanced transportation security screening technologies related to the mission of the Transportation Security Administration, and for other purpose. Official text of the bill is not yet available. (5/9/18).

Court – timely disclosure of expert witness

clip_image015 In an unpublished decision, the US Court of Appeals for the Eleventh Circuit ruled that the district court did not abuse its discretion in rejecting plaintiff’s proffered expert witness for failure to timely disclose the intention to offer such testimony. Goncharenko v. Royal Caribbean Cruises, No. 17-13069 (11th Cir., May 10, 2018) [http://media.ca11.uscourts.gov/opinions/unpub/files/201713069.pdf].

Canada – Port Modernization Review

clip_image017 Transport Canada issued a news release announcing launch of a roundtable series for Port Modernization Review. (5/9/18) [https://www.canada.ca/en/transport-canada/news/2018/05/minister-garneau-launched-roundtable-series-for-ports-modernization-review.html].

Singapore – MFM systems for bunker tankers

clip_image019 The Singapore Maritime and Port Authority (MPA) issued a circular stating that, effective 1 July 2019, all bunker tankers delivering distillates to ocean-going ships in the Port of Singapore shall be fitted with MPA-approved mass flow metering (MFM) systems. Port Marine Circular 4-2018 (5/10/18) [https://www.mpa.gov.sg/web/portal/home/port-of-singapore/circulars-and-notices/detail/e9b0b2d7-3341-46b4-a5f6-c0339afc5376].

UK – tackling misuse of lasers

clip_image021 The UK Department for Transport (DfT) issued a news release stating that new measures to tackle the misuse of lasers has gained Royal Assent. These measures will protect the operators of aircraft, vehicles, and vessels by allowing tougher punishments to be imposed on offenders. The measures also remove the need for prosecutors to prove intent to endanger. (5/10/18) [https://www.gov.uk/government/news/new-measures-to-tackle-the-misuse-of-lasers-gain-royal-assent].

MREN – Scrapping risks

clip_image023 In the May 2018 edition of Maritime Reporter and Engineering News, you can find my article entitled “Scrapping risks". The article discusses the recent conviction of a ship owner and two senior executives for illegal export of ships for scrapping. It behooves owners to carefully consider options when their ships reach to end of their economic lives. While some economic benefit will be lost by scrapping those ships in full compliance with the various laws and regulations, there will be gains in areas of worker safety and health and the environment. (5/10/18) [http://www.brymar-consulting.com/wp-content/uploads/MREN/MREN180500.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 – May 2018

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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.