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Bryant's Maritime Consulting

July 20th, 2018 at 11:08 am

Bryant’s Maritime Blog – 20 July 2018


USCG – fishing vessel investigated for dumping oil;

FMC – expanded OTI flexibility;

NOAA & FWS – proposed reforms to ESA regulations;

Court – Exxon Valdez litigation; and

The Business of Shipping.

July 20, 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. One must learn the rules in order to properly break them.

USCG – fishing vessel investigated for dumping oil

clip_image004 The US Coast Guard issued a news release stating that it is investigating a US fishing vessel for knowingly discharging oil in Canadian waters off British Columbia. (7/19/18) [].

FMC – expanded OTI flexibility

clip_image006 The Federal Maritime Commission (FMC) issued a news release stating that the Commissioners approved a draft final rule offering deregulatory flexibilities for non-vessel-operating common carriers (NVOCCs) negotiated rate arrangements (NRAs) and negotiated service arrangements (NSAs). The rule will enter into effect on 22 August. (7/19/18) [].

NOAA & FWS – proposed reforms to ESA regulations

clip_image008 clip_image010 The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that it and the Fish and Wildlife Service (FWS) seek public input proposed reforms to improve and modernize implementation of the Endangered Species Act (ESA). (7/19/18) [].

Court – Exxon Valdez litigation

clip_image012 In an unpublished decision, the US Court of Appeals for the Ninth Circuit rule in favor of Exxon in litigation involving pre-judgment and post-judgment interest regarding damages resulting from the 1979 Exxon Valdez oil spill. Nautilus Marine Enterprises v Exxon, No. 17-35527 (9th Cir., July 18, 2018) []. Note: I am astonished to see litigation from the 29-year-old spill is still ongoing.

The Business of Shipping

clip_image014 The ninth edition of ‘The Business of Shipping’ by Ira Breskin, Senior Lecturer, SUNY Maritime College, has been published. A primer on the shipping industry from the US perspective, it provides a lengthy (448-page) but comprehensive analysis of the industry from a business viewpoint. There are numerous books on detailed aspects of the industry, but this is one of the few that examines all facets, including economics, policy, and regulation as they impact the various sectors. While those new to the industry will certainly benefit, the book is also useful for those deeply immersed in one sector who seek a greater appreciation of other sectors. (7/19/18) [,204,203,200_QL40_&dpSrc=srch].

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – July 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.