Assisting the maritime industry in regulatory compliance

Bryant's Maritime Consulting

August 6th, 2018 at 9:52 am

Bryant’s Maritime Blog – 6 August 2018

Headlines:

White House – TWIC Accountability Act;

USCG – TWIC reader update;

USCG & FEMA – MOU re PSGP;

USCG – polar icebreaker PEIS;

MARAD – DWP license application received;

OSHA – shipyard cited for safety violations;

BSEE – seeking physical scientist;

Court – Himalaya Clause interpreted;

Arctic Council – Large Marine Ecosystems; and

Cyprus – electronic certificates accepted.

August 6, 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 never blatantly assume the existence of right triangles.

White House – TWIC Accountability Act

clip_image004 President Trump signed into law the Transportation Worker Identification Credential Accountability Act of 2018 (H.R. 5729), which prohibits the Coast Guard from requiring use of a biometric reader until after submission of a report to Congress on the efficacy of credentialing requirements for enhancing security. (8/2/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr5729enr/pdf/BILLS-115hr5729enr.pdf].

USCG – TWIC reader update

clip_image006 The US Coast Guard issued a bulletin providing an update regarding the TWIC reader final rule. (8/3/18) [http://mariners.coastguard.dodlive.mil/2018/08/03/8-3-2018-latest-developments-regarding-twic-reader-final-rule/].

USCG & FEMA – MOU re PSGP

clip_image006[1] clip_image008 The US Coast Guard issued a bulletin announcing that it and the Federal Emergency Management Agency (FEMA) have signed a new Memorandum of Understanding (MOU) to formalize each agency’s responsibilities relating to the Port Security Grant Program (PSGP). (8/3/18) [http://mariners.coastguard.dodlive.mil/2018/08/03/8-3-2018-coast-guard-fema-sign-new-port-security-grant-program-memorandum-of-understanding/].

USCG – polar icebreaker PEIS

clip_image009 The US Coast Guard issued a notice stating that it has prepared a draft Programmatic Environmental Impact Statement (PEIS) for the Polar Icebreaker Program’s design and build of up to six polar icebreakers. Comments must be submitted by 20 September. 83 Fed. Reg. 38317 (8/6/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-06/pdf/2018-16760.pdf].

MARAD – DWP license application received

clip_image011 The Maritime Administration (MARAD) issued a notice stating that it and the US Coast Guard have received an application from Texas Gulf Terminals, Inc. for the licensing of a deepwater port (DWP) in the Gulf of Mexico off the coast of Texas. 83 Fed. Reg. 38455 (8/6/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-06/pdf/2018-16673.pdf].

OSHA – shipyard cited for safety violations

clip_image012 The Occupational Safety and Health Administration (OSHA) issued a news release stating that it has cited Vigor Marine, Inc. for 16 willful and serious violations following an inspection at the shipbuilder’s Portland, Oregon facility. The company faces proposed penalties totaling $370,358. (7/31/18) [https://www.osha.gov/news/newsreleases/region10/07312018].

BSEE – seeking physical scientist

clip_image014 The Bureau of Safety and Environmental Enforcement (BSEE) seeks qualified applicants for the position of Physical Scientist, GS-1301-11/12/13; FPL: GS-13 at the Pacific Oil Spill Preparedness Section in Camarillo, California. BSEE-EEGG-18-KS-064(DEU):  https://www.usajobs.gov/GetJob/ViewDetails/506149100 .

BSEE-EEGG-18-KS-065(MP): https://www.usajobs.gov/GetJob/ViewDetails/506313600  . Closing Date: Friday, August 10th, 2018.

Court – Himalaya Clause interpreted

clip_image016 The US Court of Appeals for the Fifth Circuit affirmed the district court grant of summary judgment in favor of various links in a multimodal shipment chain that were sued by the owner of cargo damaged in shipment under a through bill of lading. The court held that the Himalaya Clause in the bill of lading prevailed over various clauses in the cargo owner’s original contract with the intermediary who had arranged the shipment. Royal SMIT Transformers v Onego Shipping, No. 17-30543 (5th Cir., August 2, 2018) [http://www.ca5.uscourts.gov/opinions/pub/17/17-30543-CV0.pdf]. Note: This item was brought to my attention by my good friend Don Haycraft of Liskow & Lewis.

Arctic Council – Large Marine Ecosystems

clip_image018 The Arctic Council issued a news release announcing publication of a series of fact sheets on the Large Marine Ecosystems of the Arctic providing a new lens through which to see the Arctic’s natural boundaries. (7/31/18) [https://www.arctic-council.org/index.php/en/our-work2/8-news-and-events/492-lme-fact-sheets].

Cyprus – electronic certificates accepted

clip_image020 The Cypriot Ministry of Shipping issued a notice stating that it now accepts electronic certificates issued by recognized organizations to the extent that the electronic documents conform to IMO standards. Circular 14-2018 (7/13/18) [http://www.dms.gov.cy/dms/dms.nsf/All/38B555B2A847899FC22582C90020F07B/$file/14-2018%20(2018-07-13).pdf?OpenElement].

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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 – August 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.