Assisting the maritime industry in regulatory compliance

Bryant's Maritime Consulting

March 13th, 2019 at 11:55 am

Bryant’s Maritime Blog – 13 March 2019

Headlines:

USCG – guidance on COD delays;

DOS – meeting on 1 April re FAL 43;

SLSDC – Seaway Regulations & Rules;

SLSDC – Seaway Tariff of Tolls;

USN – new class of towing, salvage, and rescue ships;

EPA & CBP – illegal imports found;

House – bill introduced re rec vessel operator training;

Court – marine insurance claim denied;

Court – dismissal under ‘rule of necessity’;

Somalia – Piracy HRA reduced; and

MREN – HazSub spill response plans.

March 13, 2019

Bryant’s Maritime Blog clip_image002
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Contact me to help you reach your target audience among over 5,000 subscribers

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.

USCG – guidance on COD delays

clip_image004 The US Coast Guard issued a Marine Safety Information Bulletin (MSIB) providing guidance regarding Certificates of Documentation (CODs) for US vessels. The USCG National Vessel Documentation Center (NVDC)is experiencing delays in processing CODs. Thus, various temporary work-arounds are provided. MSIB 03-19 (3/11/19) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/MSIB/2019/MSIB_003_19.pdf].

DOS – meeting on 1 April re FAL 43

clip_image006 The Department of State (DOS) issued a notice stating that an open meeting will be held on 1 April in Arlington, VA to prepare for the upcoming session of the IMO Facilitation Committee (FAL 43). Topics on the agenda include application of the single-window concept. 84 Fed. Reg. 9198 (3/13/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-13/pdf/2019-04592.pdf].

SLSDC – Seaway Regulations and Rules

clip_image008 The Saint Lawrence Seaway Development Corporation (SLSDC) promulgated a final rule updating the Seaway Regulations and Rules. The amendments enter into effect on 30 March. 84 Fed. Reg. 8983 (3/13/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-13/pdf/2019-04521.pdf].

SLSDC – Seaway Tariff of Tolls

clip_image008[1] The Saint Lawrence Seaway Development Corporation (SLSDC) promulgated a final rule updating the Seaway Tariff of Tolls. The amendments enter into effect on 30 March. 84 Fed. Reg. 8984 (3/13/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-13/pdf/2019-04525.pdf].

USN – new class of towing, salvage, and rescue ships

clip_image010 The US Navy issued a news release stating that the new class of towing, salvage, and rescue ship will be named Navajo in honor of the major contributions the Navajo people have made to the US armed forces. The new class will be based on existing commercial offshore towing vessel designs. (3/12/19) [https://www.navy.mil/submit/display.asp?story_id=108871].

EPA & CBP – illegal imports found

clip_image012 clip_image014 The Environmental Protection Agency (EPA) issued a news release stating that it and the US Customs and Border Protection (CBP) conducted a joint operation in southern California ports inspecting imported engines and vehicles. Many of these items lacked required emission controls. Fines have been assessed against importers. (3/12/19) [https://www.epa.gov/newsreleases/us-epa-and-customs-continue-joint-operations-southern-california-ports].

House – bill introduced re rec vessel operator training

clip_image016 Representative King (R-NY) introduced a bill (H.R. 1669) to direct the Secretary of the department in which the Coast Guard is operating to study and report to the Congress regarding recreational vessel operator training. Official text of the bill is not yet available. (3/11/19).

Court – marine insurance claim denied

clip_image018 In an unpublished decision, the US Court of Appeals for the Eleventh Circuit affirmed the grant of summary judgment in favor of defendant marine insurers and defendant shipyard in breach of contract and negligence claims brought by a yacht owner whose yacht partially sank at the shipyard. The court found that the plaintiff failed to present probative evidence to support its claim. Kol B’Seder v Certain Underwriters, No. 18-10447 (11th Cir., March 12, 2019) [http://media.ca11.uscourts.gov/opinions/unpub/files/201810447.pdf].

Court – dismissal under ‘rule of necessity’

clip_image020 In an unpublished per curium decision, the US Court of Appeals for the Fourth Circuit affirmed the dismissal of a lawsuit brought against the appellate court and the federal district court. The basis for their hearing a claim against themselves was cited as the ‘rule of necessity’. Clarke v Fourth Circuit Court Judges, No. 18-7035 (4th Cir., March 2019) [http://www.ca4.uscourts.gov/opinions/187035.U.pdf]. Note: While this apparently is not a maritime case, it does advance, in an unclear direction, our appreciation of litigation.

Somalia – Piracy HRA reduced

clip_image022 The Indian Directorate General of Shipping (DGS) issued a circular providing the coordinates of the reduced Piracy High Risk Area (HRA) off Somalia. Piracy Circular 02-2019 (3/11/19) [http://dgshipping.gov.in/writereaddata/News/201903110518191636001dgs_cir_2of2019_piracy.pdf].

MREN – HazSub spill response plans

clip_image024 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. (3/12/19) [http://www.brymar-consulting.com/wp-content/uploads/MREN/MREN190300.pdf].

Join my mailing list

clip_image026 If you are not receiving my almost daily electronic newsletter and would like to have it sent directly to your email inbox, please send me an email, or see below:

clip_image027

clip_image029

If you have questions regarding the above items or are interested in advertising in this newsletter, please contact the editor:

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

-

 

RSS feed for comments on this post | TrackBack URI

    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.