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November 29th, 2018 at 11:51 am

Bryant’s Maritime Blog – 29 November 2018

Headlines:

USCG – review of rigid hull inflatable vessels;

USCG – hearing re Polar Security Cutter acquisition;

DOJ – F/V captain sentenced for interfering with USCG boarding;

NOAA – 2018 hurricane season draws to a close;

CBP – Vessel Repair Unit update;

Senate – BWM and vessel incidental discharge reform;

Court – clarification of ambiguous arbitration award;

UN – Emissions Gap Report 2018; and

Malta – poor maintenance led to crane collapse.

November 29, 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. Why make the same mistake twice when there are so many possibilities?

USCG – review of rigid hull inflatable vessels

clip_image004 The USCG Marine Safety Center (MSC) issued an updated technical note concerning rigid hull inflatable and rigid hull foam collar vessels. The MTN provides an alternative design standard equivalent to certain regulatory requirements found in 46 CFR Subchapters T and S for rigid hull inflatable and rigid hull foam collar small passenger vessels (RHIs). The major changes include adjustment of minimum collar material properties and clarification of acceptable drainage criteria and stability requirements. MTN 1-08, Ch. 2 (11/21/18) [https://www.dco.uscg.mil/Portals/9/MSC/MTN/MTN.01-08.CH-2.2018.11.21.Review_of_Rigid_Hull_Inflatable_Vessels.pdf].

USCG – hearing re Polar Security Cutter acquisition

clip_image004[1] The US Coast Guard issued a bulletin stating that its Chief Acquisition Officer, Rear Adm. Michael Haycock, will testify Nov. 29, 2018, before the House Subcommittee on Coast Guard and Maritime Transportation regarding Polar Security Cutter acquisition. (11/28/18) [http://mariners.coastguard.dodlive.mil/2018/11/28/11-28-2018-congressional-hearing-alert-polar-security-cutter-acquisition/].

DOJ – F/V captain sentenced for interfering with USCG boarding

clip_image006 The Department of Justice (DOJ) issued a news release stating that a fishing boat captain pleaded guilty to interfering with a Coast Guard inspection and was sentenced to two years of probation, with the first four months to be served in home confinement with electronic monitoring. When the Coast Guard boarded his vessel, the net was being towed behind. The boarding officer directed him to haul in the net for inspection. Instead, he let out more cable. He ignored a second order to reverse the winch and haul in the net, getting it go to full length, whereupon the cable snapped, swinging violently across the deck and endangering the crew and the boarding party. The net was later recovered from the ocean floor and was found to consist of three separate layers, effectively reducing the size of the mesh and allowing for the catch smaller fish. (11/28/18) [https://www.justice.gov/usao-ma/pr/new-bedford-fishing-boat-captain-sentenced-interfering-coast-guard-inspection].

NOAA – 2018 hurricane season draws to a close

clip_image008 National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that the 2018 hurricane season ends on Friday. During this season, there were 15 named storms, including eight hurricanes, of which two were major. The year will be remembered for Hurricanes Florence and Michael, which heavily impacted those it their paths and the first responders. (11/28/18) [https://www.noaa.gov/media-release/destructive-2018-atlantic-hurricane-season-draws-to-end].

CBP – Vessel Repair Unit update

clip_image010 The US Customs and Border Protection (CBP) promulgated a technical amendment updating its regulations relating to the declaration, entry, and dutiable status of repair expenditures made abroad to certain US vessels to reflect the Port of New Orleans as the only Vessel Repair Unit (VRU) location. The amendment enters into effect immediately. 83 Fed. Reg. 61318 (11/29/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-11-29/pdf/2018-25953.pdf].

Senate – BWM and vessel incidental discharge reforms

clip_image012 The Congressional Record includes an informative exchange between Senator Thune (R-SD) and Senator Carper (D-DE) discussing the Coast Guard Authorization Act and that bill’s reform of the ballast water management and vessel incidental discharge programs. (11/27/18) [https://www.congress.gov/congressional-record/2018/11/27/senate-section/article/S7129-3].

Court – clarification of ambiguous arbitration award

clip_image014 The US Court of Appeals for the Second Circuit affirmed a district court ruling that denied a petition by plaintiff reinsurance company to confirm an arbitration award and granted a cross-petition by defendant insurance company to confirm a clarified arbitration award. The appellate court recognized an exception to the doctrine of functus officio limiting the power of arbitrators to alter an award, holding that arbitrators retain their authority to clarify an award that is ambiguous. General Re Life Corp v Lincoln National, No. 17-2496-cv (2nd Cir., November 28, 2018) [http://www.ca2.uscourts.gov/decisions/isysquery/3560ca5b-467f-480a-bcd3-4a724d9a5711/1/doc/17-2496_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/3560ca5b-467f-480a-bcd3-4a724d9a5711/1/hilite/]. Note: While this is not a maritime case, the same principle should apply to any arbitration award.

UN – Emissions Gap Report 2018

clip_image015 The United Nations released the Emissions Gap Report 2018, which shows that global carbon dioxide (CO2) emissions rose again during 2017 after a three year hiatus, highlighting the imperative for countries to deliver on the historic Paris Agreement to keep global warming to below 2°C above pre-industrial levels. (11/27/18) [https://www.unenvironment.org/resources/emissions-gap-report-2018].

Malta – poor maintenance led to crane collapse

clip_image017 Transport Malta issued the report of its investigation of the deck slewing crane failure on the product tanker Bozdag in the port of Tallinn on 28 November 2017. During a test of the tanker’s deck slewing crane, a load in excess of the safe working load was lifted. The load slipped and the crane’s jib collapsed. Two crew members in the crane’s cabin were injured. Investigation revealed that the crane had not been maintained adequately. Report 22-2018 (11/27/18) [https://mtip.gov.mt/en/msiu/Documents/MV%20Bozdag_Final%20Safety%20Investigation%20Report.pdf].

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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 – November 2018

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    logo11 The Forward-Facing Coast Guard

    In the November 2018 edition of Maritime Reporter and Engineering News, you can find my article entitled "The Forward-Facing Coast Guard". The article discusses the recently-published Coast Guard Maritime Commerce Strategic Outlook. The document identifies three major lines of effort for meeting the service's challenges ahead: (1) facilitating lawful trade and travel on secure waterways; (2) modernizing aids to navigation and mariner information systems; and (3) transforming workforce capacity and partnerships. The Outlook goes a long way toward providing Coast Guard members and employees and those who work with or are impacted by the service with a better understanding of where this national treasure is headed.