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August 8th, 2018 at 10:10 am

Bryant’s Maritime Blog – 8 August 2018


OFAC – sanctions against Iran;

NTSB – preliminary report re fatal duck boat sinking;

DOJ – Navy officer pleads guilty;

MERPAC – meeting on 11-12 September;

USCG – HYDROLANT and HYDROPAC rebroadcasts;

GAO – aircraft carrier dismantlement;

Court – failure to warn;

Court – trade dress action;

India – shore power supply to ships;

RMI – inadequate reception facilities; and

Panama Canal – lock outage.

August 8, 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.

OFAC – sanctions against Iran

clip_image004 The Office of Foreign Assets Control (OFAC) issued updated guidance regarding the renewed economic sanctions against Iran. (8/7/18) [].

NTSB – preliminary report re fatal duck boat sinking

clip_image006 The National Transportation Safety Board (NTSB) posted its Preliminary Report regarding the fatal sinking of the duck boat Stretch Duck 07 on Table Rock Lake on 19 July 2018. The report provides an update on the status of the investigation and draws no conclusions. (8/7/18) [].

DOJ – Navy officer pleads guilty

clip_image008 The Department of Justice (DOJ) issued a news release stating that a US Navy officer pleaded guilty in federal court to his role in a $2.7 million procurement fraud scheme and to lying on his federal income tax return. He faces up to 20 years in prison. (8/6/18) [].

MERPAC – meeting on 11-12 September

clip_image010 The Merchant Marine Personnel Advisory Committee (MERPAC), sponsored by the US Coast Guard, will meet on 11-12 September in Dania Beach, Florida. Topics on the agenda include implementation of the 2013 amendments to the STCW and fatigue mitigation and management. 83 Fed. Reg. 39109 (8/8/18) [].

USCG – HYDROLANT and HYDROPAC rebroadcasts

clip_image010[1] The US Coast Guard issued a notice stating that on 30 August it will cease the rebroadcast of HYDROLANT and HYDROPAC information broadcast by the National Geospatial-Intelligence Agency. 83 Fed. Reg. 39109 (8/8/18) [].

GAO – aircraft carrier dismantlement

clip_image012 The Government Accountability Office (GAO) posted its report on aircraft carrier management and disposal. The report states that dismantling and disposing of the ex-USS Enterprise nuclear aircraft carrier may cost the Navy more than $1 billion. Typical budget and reporting on dismantlement and disposal does not give enough information to support oversight for a project of this size and cost. The report recommends that the Navy provide additional budget information and reporting for the project. Using commercial industry to dismantle and dispose of the aircraft carrier may offer many benefits to the Navy. At present, a regulatory disagreement between agencies hampers this possibility. The report suggests that Congress consider action to resolve this. GAO-18-523 (8/2/18) [].

Court – failure to warn

clip_image014 The US Court of Appeals for the Fifth Circuit affirmed the jury finding in a shipyard accident case that the manufacturer of a crane being used in the tandem lift of the bow of a ship under construction is liable for failure to warn crane operators that, if the crane tips over, large weights stacked on the rear of the crane can slide forward and strike the operator’s cab. Williams v Manitowoc Cranes, No. 17-60458 (5th Cir., August 3, 2018) [].

Court – trade dress action

clip_image016 The US Court of Appeals for the Eleventh Circuit affirmed the district court’s grant of summary judgment in favor of defendant boat builder in a trade dress action brought by another boat builder for copying plaintiff’s hull design. The court found that the hulls of defendant’s boats were not confusingly similar to the hulls of plaintiff’s boats. Yellowfin Yachts v Barker Boatworks, No. 17-11176 (11th Cir., August 7, 2018) [].

India – shore power supply to ships

clip_image018 The Indian Directorate General of Shipping (DGS) posted the Draft of its proposed Standard Operating Procedure (SOP) for shore power supply to ships in Indian ports. Comments must be submitted by 15 August. (7/27/18) [].

RMI – inadequate reception facilities

clip_image020 The Maritime Administrator of the Republic of the Marshall Islands issued an updated Marine Notice providing guidance relating to reports alleging inadequate MARPOL port reception facilities. (8/6/18) [].

Panama Canal – lock outage

clip_image022 The Panama Canal Authority (ACP) issued an advisory stating that the west lane of the Gatun Locks will be out of service from 14 through 23 August. Transit Reservation System Condition 2 will be in effect during this period. Advisory 26-2018 (8/7/18) [].

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – August 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.