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June 25th, 2018 at 10:37 am

Bryant’s Maritime Blog – 25 June 2018

Headlines:

OMB – Government Reform Plan;

USCG – STCW endorsements for Polar Code operations;

EPA – hazardous substance discharges;

DOE – import/export of natural gas;

FERC – Calcasieu Pass LNG Project;

Senate – DHS appropriations bill introduced;

Senate – bill introduced re taking of sea lions;

House – bill introduced to enhance maritime safety;

House – bill introduced re coastwise endorsement;

Court – genuine dispute as to a material fact;

Australia – search for lost containers; and

Denmark – loss of tow.

June 25, 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 atoms – they make up everything.

OMB – Government Reform Plan

clip_image004 The Office of Management and Budget (OMB) released its Government Reform Plan. Among other things, it calls for transferring the maritime aids to navigation (ATON) mission and the navigation dredging mission from, respectively, the US Coast Guard and the US Army Corps of Engineers (USACE) to the Department of Transportation. (6/22/18) [https://www.whitehouse.gov/wp-content/uploads/2018/06/Government-Reform-and-Reorg-Plan.pdf].

USCG – STCW endorsements for Polar Code operations

clip_image006 The USCG National Maritime Center (NMC) issued a bulletin regarding the submittal of applications for STCW endorsements for Polar Code operations in accordance with CG-MMC Policy Letter 02-18. (6/22/18) [https://www.dco.uscg.mil/Portals/9/NMC/pdfs/announcements/2018/polar_code_notice_06222018.pdf].

EPA – hazardous substance discharges

clip_image008 The Environmental Protection Agency (EPA) issued a notice stating that it does not intend to establish new requirements to prevent discharges of hazardous substances from onshore and offshore facilities under the Clean Water Act (CWA). Comments on this proposal must be submitted by 24 August. 83 Fed. Reg. 29499 (6/25/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-06-25/pdf/2018-13470.pdf].

DOE – import/export of natural gas

clip_image010 The Department of Energy (DOE) issued a notice of its recent orders regarding applications for authorization to import and export natural gas. 83 Fed. Reg. 29550 (6/25/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-06-25/pdf/2018-13476.pdf].

FERC – Calcasieu Pass LNG Project

clip_image012 The Federal Energy Regulatory Commission (FERC) issued a news release stating that it seeks comments on the draft environmental impact statement (EIS) for the Calcasieu Pass LNG Project. The comment period closes on 13 August. (6/22/18) [https://www.ferc.gov/industries/gas/enviro/eis/2018/06-22-18-DEIS.asp].

Senate – DHS appropriations bill introduced

clip_image014 Senator Capito (R-WV) introduced an original bill (S. 3109) making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2019, and for other purposes. (6/21/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115s3109pcs/pdf/BILLS-115s3109pcs.pdf].

Senate – bill introduced re taking of sea lions

clip_image015 Senator Risch (R-ID) introduced a bill (S. 3119) to allow for the taking of sea lions on the Columbia River and its tributaries to protect endangered and threatened species of salmon and other nonlisted fish species. Official text of the bill is not yet available. (6/21/18).

House – bill introduced to enhance maritime safety

clip_image017 Representative Hunter (R-CA) introduced a bill (H.R. 6175) to enhance maritime safety, and for other purposes. Official text of the bill is not yet available. (6/21/18).

House – bill introduced re coastwise endorsement

clip_image017[1] Representative Cicilline (D-RI) introduced a bill (H.R. 6171) to authorize the Coast Guard to issue a certificate of documentation with a coastwise endorsement for the vessel Oliver Hazard Perry, and for other purposes. (6/20/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr6171ih/pdf/BILLS-115hr6171ih.pdf].

Court – genuine dispute as to a material fact

clip_image019 In an unpublished decision, the US Court of Appeals for the Eleventh Circuit vacated the district court grant of a summary judgment motion due to a genuine dispute as to a material fact. Plaintiff passenger was injured in a slip-and-fall on one of defendant’s ships. There was evidence in the record from which a reasonable person might conclude that a crewmember knew or should have known of the slippery condition. Aponte v Royal Caribbean, No. 16-16580 (11th Cir., June 22, 2018) [http://media.ca11.uscourts.gov/opinions/unpub/files/201616580.pdf].

Australia – search for lost containers

clip_image021 The Australian Maritime Safety Authority (AMSA) issued a news release stating that the search for the missing containers lost from YM Efficiency is about to commence. On 1 June, 81 containers fell into the sea from the ship during heavy weather about 30 km off Newcastle. (6/22/18) [https://www.amsa.gov.au/marine-environment/incidents-and-exercises/locating-containers-lost-ym-efficiency].

Denmark – loss of tow

clip_image023 The Danish Maritime Accident Investigation Board (DMAIB) issued the report of its investigation of the loss by the Maersk Battler of its tow of Maersk Searcher and Maersk Shipper in the Bay of Biscay on 21-22 December 2016. The root cause of the casualty was the decision to tow the two vessels side-by-side in prevailing weather conditions. (6/22/18) [http://www.dmaib.com/Ulykkesrapporter/Marine%20accident%20report%20-%20Loss%20of%20tow%20-%20MAERSK%20BATTLER.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 – June 2018

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