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May 16th, 2018 at 11:02 am

Bryant’s Maritime Newsletter – 16 May 2018


Treasury – international boycott countries;

House – bill introduced re navigation facilities;

Court – LHWCA situs test;

Court – quantum meruit;

EUNAVFOR – IMO briefing re Operation Atalanta;

Arctic Council – Arctic Shipping Forum;

Malta – unsuitable scale of digital chart; and

Panama Canal – maximum authorized draft.

May 16, 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.

Treasury – international boycott countries

clip_image004 The Department of the Treasury issued its annual list of countries requiring cooperation with an international boycott. The list consists of Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria, United Arab Emirates, and Yemen. 83 Fed. Reg. 22751 (5/16/18) [].

House – bill introduced re navigation facilities

clip_image006 Representative Bustos (D-IL) introduced the Navigation Workers Protection Act of 2018 (H.R. 5688) to amend the Water Resources Development Act of 1990 relating to the operation and maintenance of navigation facilities, and for other purposes. (5/7/18) [].



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Court – LHWCA situs test

clip_image010 In a brief unpublished decision, the US Court of Appeals for the Ninth Circuit ruled that a truck driver’s injury at a mixed-use site located near but outside the port was not covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) because the site was too attenuated to meet the statute’s site test. Ahmed v. Western Ports Transportation, No. 16-73676 (9th Cir., May 14, 2018) [].

Court – quantum meruit

clip_image012 In an unpublished decision, the US Court of Appeals for the Eleventh Circuit applied state quantum meruit principles to affirm that the company that supplied bunkers to a merchant vessel is entitled to recover the value of the bunkers even though the vessel owner had previously paid a now-bankrupt intermediary. Martin Energy Services v. MV Bravante IX, No. 17-10899 (11th Cir., May 10, 2018) []. Note: One of my long-suffering readers pointed out that the vessel owner did not pay anything to the OWB entities.   It only paid the interpleader deposit which was claimed by the bunker supplier, Martin, and by ING Bank, the alleged assignee to the OWB entities’ claims against the vessel owner.

EUNAVFOR – IMO briefing re Operation Atalanta

clip_image014 The EUNAVFOR issued a press release stating that it briefed the IMO on its counter-piracy Operation Atalanta. The discussion was broad-ranging in nature, covering the military assessment of the Somali piracy threat, Somalia capacity-building progress, and the range of maritime security threats facing international shipping in the Southern Red Sea, Gulf of Aden, and Western Indian Ocean. (5/11/18) [].

Arctic Council – Arctic Shipping Forum

clip_image016 The Arctic Shipping Best Practice Information Forum is open to Arctic States, Permanent Participants, and Arctic Council Observers and select others. It has established a publicly accessible web-portal that can be used by those involved in Arctic marine operations to assist in implementation of the Polar Code. (5/15/18) [].

Malta – unsuitable scale of digital chart

clip_image018 Transport Malta issued the report of its investigation of the grounding of the bulk carrier Universal Durban on 13 May 2017 south of Palau Serasan, Indonesia. Investigation revealed that the scale of the digital chart in use on ECDIS was unsuitable for navigation in the area and the quality of data encoded within the composite data quality attribute was not within the thresholds defined by the category of zone of confidence. During passage planning, the proper navigational chart for transit through this area had accidently been deleted from the chart order. Report 10/2018 (5/14/18) [].

Panama Canal – maximum authorized draft

clip_image020 The Panama Canal Authority (ACP) issued an advisory announcing that the maximum authorized draft for Neopanamax vessels will remain at 14.63 meters (48 feet) until further notice. Advisory 14-2018 (5/14/18) [].

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – May 2018

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    logo11 BWM reform

    In the January 2019 edition of Maritime Reporter and Engineering News, you can find my article entitled "BWM reform". The article discusses the recent enactment of the Vessel Incidental Discharge Act of 2018 (VIDA). The Act greatly reforms the process for regulation of ballast water discharges into waters of the United States. It not only brings the US ballast water management (BWM) regulatory scheme into closer alignment with the international standard, but it also largely eliminates the authority of states and tribal govenments to establish their own standards. Full implementation will take time, but there is light at the end of this particular tunnel.