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February 1st, 2019 at 11:21 am

Bryant’s Maritime Blog – 1 February 2019


White House – Buy-American preferences;

FERC – Port Arthur Liquefaction Project EIS;

DOE – Magnolia LNG application;

DOE – LNG imports and exports;

USACE – GL-MR Interbasin Study;

IWUB – meeting on 28 February;

DOJ – proposed oil spill penalty;

STB – water carrier tariff filing procedures;

House – bill introduced re marine turtles;

Court – payment of fraudulent medical claim;

New York – offshore wind energy study;

IMO – Turkey ratifies ship recycling convention; and

UK – throw bag rescue line failure.

February 1, 2019

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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. Due to the current economic conditions, the light at the end of the tunnel has been turned off.

White House – Buy-American preferences

President Trump issued an Executive Order strengthening the Buy-American preferences for covered infrastructure projects, including ports, involving federal financial assistance. (1/31/19) [].

FERC – Port Arthur Liquefaction Project EIS

clip_image004 The Federal Energy Regulatory Commission (FERC) issued a news release stating that a final environmental impact statement (EIS) has been prepared for the Port Arthur Liquefaction Project. (1/31/19) [].

DOE – Magnolia LNG application

clip_image006 The Department of Energy (DOE) issued a notice stating that it received an application from Magnolia LNG to amend its authorization to export LNG. Comments must be received by 2 April. 84 Fed. Reg. 1111 (2/1/19) [].

DOE – LNG imports and exports

clip_image007 The Department of Energy (DOE) issued a notice of orders issued during November concerning imports and exports of LNG. 84 Fed. Reg. 1114 (2/1/19) [].

USACE – GL-MR Interbasin Study

clip_image009 The US Army Corps of Engineers (USACE) has extended until 22 February the period within which to submit comments on the Great Lakes and Mississippi River Interbasin Study-Brandon Road Integrated Feasibility Study and Environmental Impact Statement-Will County, IL. 84 Fed. Reg. 1081 (2/1/19) [].

IWUB – meeting on 28 February

clip_image009[1] The Inland Waterways Users Board (IWUB), sponsored by the US Army Corps of Engineers (USACE), will meet on 28 February in Galveston. 84 Fed. Reg. 1082 (2/1/19) [].

DOJ – proposed oil spill penalty

clip_image011 The Department of Justice (DOJ) issued a notice stating that a proposed consent decree has been file in court concerning the 11 May 2016 oil spill in the Gulf of Mexico from a Shell Offshore rig. Under the proposal, the defendant would pay $2.2 million in civil penalties. Comments must be received within 30 days. 84 Fed. Reg. 1231 (2/1/19) [].

STB – water carrier tariff filing procedures

clip_image013 The Surface Transportation Board (STB) has extended to 4 February the period within which to submit comments on proposed amendments to the water carrier tariff filing procedures. 84 Fed. Reg. 1046 (2/1/19) [].

House – bill introduced re marine turtles

clip_image015 Representative Lowenthal (D-CA) introduced a bill (H.R. 872) to reauthorize the Partners for Fish and Wildlife Program and certain wildlife conservation funds, to establish prize competitions relating to the prevention of wildlife poaching and trafficking, wildlife conservation, the management of invasive species, and the protection of endangered species, to amend the Marine Turtle Conservation Act of 2004 to modify the protections provided by that Act, and for other purposes. Official text of the bill is not yet available, but Representative Lowenthal issued a news release explaining the measure. (1/30/19) [].

Court – payment of fraudulent medical claim

clip_image017 The US Court of Appeals for the Fifth Circuit ruled, in an allision case, that the owner of the stationary innocent vessel is not entitled to reimbursement by the owner of the moving vessel for the medical expenses of an employee who fraudulently claimed that his preexisting injuries had resulted from the allision. In the Matter of 4-K Marine, No. 18-30348 (5th Cir., January 30, 2019) [].

New York – offshore wind energy study

clip_image019 The New York State Energy and Research Development Authority (NYSERDA) issued a news release stating that it executed two multi-year contracts to study the meteorological and oceanographic conditions in waters of the Atlantic coast of New York, called the New York Bight, in support of offshore wind energy development. (1/31/19) [].

IMO – Turkey ratifies ship recycling convention

clip_image021 The IMO issued a news release stating that Turkey has ratified the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009. (1/31/19) [].

UK – throw bag rescue line failure

clip_image023 The UK Marine Accident Investigation Branch (MAIB) issued the report of its investigation of the 24 March 2018 incident at the Warrington Rowing Club. The Club was carrying out a boat capsize drill in a swimming pool. As a young person was being pulled to the side of the pool using a throw bag rescue line, the line parted. The young person was uninjured during the incident. The parted line was examined and found to be made up of four pieces of rope thermally fused together, and it had failed at one of the joints. A customer notification campaign by the manufacturer and prompt publication of the incident in British Rowing’s newsletter identified a total of ten throw bags with defective rescue lines. Laboratory tests conducted for the MAIB established that the joined sections were 12 times weaker than the rope itself. As throw bags are not considered safety or lifesaving equipment, there is no requirement to manufacture them to a specific safety or quality standard. At present, the only safeguard against poor and unsafe workmanship of throw bags is limited to the quality checks of the manufacturer; such checks lack third party oversight. The British Standards Institution has been recommended to develop a standard for public rescue equipment, ensuring that the topic of throw bags and their rescue lines is addressed as a priority. Report 02-2019 (1/31/19) [].

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – February 2019

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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.