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Bryant's Maritime Consulting

March 5th, 2019 at 11:30 am

Bryant’s Maritime Blog – 5 March 2019

Headlines:

White House – military to mariner transition;

USCG – IMO SDC 6 summary;

USCG – Title 33, CFR amendments;

MARAD – DWP license application;

Court – LHWCA attorneys’ fees; and

Court – LHWCA attorneys’ fees and costs.

March 5, 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. Once a job is fouled up, anything done to improve it will only make it worse.

White House – military to mariner transition

clip_image004 President Trump issued an Executive Order stating that it is the policy of the United States to support practices and programs that ensure that members of the US Armed Forces receive appropriate credit for the military training and experience towards credentialing requirements as merchant mariners.  It is further the policy of the United States to establish and maintain an effective merchant marine program by providing sufficient support and resources to active-duty and separating service members who pursue or possess Merchant Mariner Credentials (MMCs). Government-issued licensing fees for sea service veterans transiting to the merchant marine will be waived to the extent allowed. Military training will be credited toward MMCs. (3/4/19) [https://www.whitehouse.gov/presidential-actions/executive-order-supporting-transition-active-duty-service-members-military-veterans-merchant-marine/].

USCG – IMO SDC 6 summary

clip_image006 The US Coast Guard issued a bulletin summarizing the latest session of the IMO Sub-Committee on Ship Design and Construction (SDC 6). Among other things, development of the draft Industrial Personnel Code continues. Amendments regarding safe mooring were approved, as were amendments regarding subdivision and damage stability. (3/4/19) [http://mariners.coastguard.dodlive.mil/2019/03/04/3-4-2019-recap-of-the-sixth-session-of-the-imo-sub-committee-on-ship-design-and-construction/].

USCG – Title 33, CFR amendments

clip_image006[1] The US Coast Guard promulgated a final rule making non-substantive and conforming amendments to existing Coast Guard regulations in Title 33, CFR, Navigation and Navigable Waters. The amendments enter into effect immediately. 84 Fed. Reg. 7810 (3/5/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-05/pdf/2019-03856.pdf].

MARAD – DWP license application

clip_image008 The Maritime Administration (MARAD) issued a notice stating that an application has been received from Texas COLT LLC for a license for an oil export deepwater port (DWP) to be built in waters of the Gulf of Mexico off Brazoria County, Texas. 84 Fed. Reg. 7968 (3/5/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-05/pdf/2019-03902.pdf].

Court – LHWCA attorneys’ fees

clip_image010 The US Court of Appeals for the Ninth Circuit affirmed the denial of attorneys’ fees to the prevailing Longshore and Harbor Workers’ Compensation Act (LHWCA) claimant. The first petition for attorneys’ fees was denied as improperly filed. The second was denied as untimely. The court found that there was no excusable neglect under the four-factor test. Iopa v Saltchuk-Young Brothers, No. 17-70415 (9th Cir., March 4, 2019) [http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/04/17-70415.pdf].

Court – LHWCA attorneys’ fees and costs

clip_image012 The US Court of Appeals for the First Circuit denied the appeals of a petitioner under the Longshore and Harbor Workers’ Compensation Act (LHWCA) for recovery of attorneys’ fees and costs. The court ruled that, because petitioner had lost on the merits and received no compensation on his claim, he was not a prevailing party. Pena-Garcia v Calzadilla Construction, No. 18-1225 (1st Cir., March 1, 2019) [http://media.ca1.uscourts.gov/pdf.opinions/18-1225P-01A.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 – March 2019

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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.