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September 6th, 2018 at 11:22 am

Bryant’s Maritime Newsletter – 6 September 2018


USCG – four injuries during collision;

USCG – Towing Industry Safety Report;

USCG – updated Subchapter M FAQs;

USCG – BWMS type approval application;

FMC – detention and demurrage;

MARAD – Neptune LNG license suspended;

FERC – pending LNG terminal applications;

North Atlantic – deep sea coral reef;

Court – duty of boat owner-passenger.

September 6, 2018

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USCG – four injuries during collision

clip_image004 The US Coast Guard issued a news release stating that four crew members were injured when two Coast Guard boats collided during a tactical exercise in Buzzards Bay. Their injuries were reported as non-life-threatening. The incident is under investigation. (9/5/18) [].

USCG – Towing Industry Safety Report

clip_image005 The US Coast Guard posted the annual Towing Industry Safety Report for 2017. There were six operational towing vessel crew fatalities. Oil spill rates continue to be relatively low. Of the 934 towing vessel incidents, 82% were classified as of low severity. (9/4/18) [].

USCG – updated Subchapter M FAQs

clip_image005[1] The US Coast Guard posted Updated Subchapter M FAQs. (9/5/18) [].

USCG – BWMS type approval application

clip_image006 The US Coast Guard issued a bulletin stating that it received an application for ballast water management system (BWMS) type approval from NKBMS Co. Ltd for its NK-03 BlueBallast BWMS. This is the 17th application for USCG BWMS type approval. (9/5/18) [].

FMC – detention and demurrage

clip_image008 The Federal Maritime Commission (FMC) issued a news release stating that the interim report for Fact Finding 28, an investigation into Conditions and Practices Relating to Detention, Demurrage, and Free Time in International Oceanborne Commerce, has been released. A key initial observation is that bringing clarity, access, and efficiency to the delivery of cargo from carrier to shipper will be key to improving the process for how and when marine terminal demurrage and ocean carrier detention charges are levied. (9/5/18) [].

MARAD – Neptune LNG license suspended

clip_image010 The Maritime Administration (MARAD) issued a notice stating that, at the request of the licensee, it has suspended the operational license of Neptune LNG, located off the coast of Massachusetts, for an additional four years. 83 Fed. Reg. 45013 (9/4/18) [].

FERC – pending LNG terminal applications

clip_image012 The Federal Energy Regulatory Commission (FERC) issued a news release concerning the environmental review schedule for 12 pending LNG terminal applications. (8/30/18) [].

North Atlantic – deep sea coral reef

clip_image014 The Bureau of Ocean Energy Management (BOEM) issued a press release stating that an extensive coral reef has been found in the deep sea approximately 160 miles southeast of Charleston. (8/31/18) [].

Court – duty of boat owner-passenger

clip_image016 The US Court of Appeals for the Ninth Circuit ruled that a boat owner who is a passenger on his own boat has not duty to keep a lookout unless the owner-passenger knows that the person operating the boat is likely to be inattentive or careless or the owner-passenger is jointly operating the boat at the time of the accident. Holzhauer v Rhoades, No. 16-15942 (9th Cir., August 10, 2018) []. Note: This item was brought to my attention by my good friend Katharine Sweeney of Compliance Maritime.

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – September 2018

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    logo11 BWM reform

    In the January 2019 edition of Maritime Reporter and Engineering News, you can find my article entitled "BWM reform". The article discusses the recent enactment of the Vessel Incidental Discharge Act of 2018 (VIDA). The Act greatly reforms the process for regulation of ballast water discharges into waters of the United States. It not only brings the US ballast water management (BWM) regulatory scheme into closer alignment with the international standard, but it also largely eliminates the authority of states and tribal govenments to establish their own standards. Full implementation will take time, but there is light at the end of this particular tunnel.