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Bryant's Maritime Consulting

June 27th, 2018 at 10:30 am

Bryant’s Maritime Blog – 27 June 2018


NY/NJ Harbor – safety and security zones;

MARAD – $7 million for AMHP projects;

New York – cleaner engines on floating crane;

House – bill introduced to enhance maritime safety;

House – bill introduced re blue technology; and

Court – uninspected vessel?

June 27, 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.

NY/NJ Harbor – safety and security zones

clip_image004 The US Coast Guard promulgated a final rule, effective immediately. Modifying the safety and security zones surrounding the bridge between Liberty State Park and Ellis Island to allow certain vessels to transit underneath the bridge. 83 Fed. Reg. 30041 (6/27/18) [].

MARAD – $7 million for AMHP projects

clip_image006 The Maritime Administration (MARAD) issued a notice stating that there is a $7 million funding opportunity for projects designated under the America’s Marine Highway Program (AMHP). Applications must be received by 5 October. 83 Fed. Reg. 30214 (6/27/18) [].

New York – cleaner engines on floating crane

clip_image008 The Environmental Protection Agency (EPA) issued a news release stating that, as part of the settlement of an alleged environmental violation, the Northeast Dredging Equipment Company has replaced two old diesel engines on its floating crane in New York Harbor with newer cleaner diesel engines. (6/26/18) [].

House – bill introduced to enhance maritime safety

clip_image010 Representative Hunter (R-CA) introduced the Maritime Safety Act of 2018 (H.R. 6175) to enhance maritime safety, and for other purposes. (6/21/18) [].

House – bill introduced re blue technology


Representative Garamendi (D-CA) introduced the Coast Guard Blue Technology Center of Expertise Act (H.R. 6205) to direct the Commandant of the Coast Guard to establish a Blue Technology center of expertise. (6/25/18) [].

Court – uninspected vessel?

clip_image012 In an unpublished decision, the US Court of Appeals for the Fifth Circuit affirmed the district court ruling that the USCG prohibition against crew members on inspected vessels consuming alcohol does not apply to this vessel under the circumstances. The vessel owner’s parent company used the vessel as part of a customer appreciation effort and reimbursed the owner for the vessel’s operating expenses including the crew wages. The court held that, based on the evidence presented and the arguments made by counsel, the vessel was an uninspected vessel under terms of the Passenger Vessel Safety Act of 1993, not a small passenger vessel. Shawler v Big Valley, LLC, No. 16-31072 (5th Cir., June 22, 2018) []. Note: This item was brought to my attention by my good friend Keith Heard of Burke & Parsons. Note: USCG records indicate that the vessel is less than 100 gross tons and documented as a recreational vessel. There are insufficient facts in the decision to determine if the Coast Guard would reach the same conclusion as the court did regarding application of ban against alcohol consumption by the crew.

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – June 2018

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    logo11 HazSub spill response plans

    In the March 2019 edition of Maritime Reporter and Engineering News, you can find my article entitled "HazSub spill response plans". The article discusses the recent decision of the US Coast Guard to withdrawal its proposed rulemakings for hazardous substance spill response plans for tank vessels and marine transportation-related facilities. In my opinion, the USCG proposals evidence a failure of imagination. I recommend that the Coast Guard meet with the marine transportation chemical sector and determine which current industry measures can be considered as providing an equivalent level of safety to measures mandated in OPA 90. The gaps identified can then be filled in a rulemaking.