Assisting the maritime industry in regulatory compliance

Bryant's Maritime Consulting

July 22nd, 2016 at 11:05 am

Bryant’s Maritime Blog – 22 July 2016

Headlines:

USCG – fire protection, detection & extinguishing equipment;

FMC – proposed rulemakings approved;

USN – decommissioned frigate sunk;

UK – submarine-merchant ship collision;

UK – collateral lie not relevant; and

Eastland sinking – 24 July 1915.

July 22, 2016

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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

______________

Proudly sponsored by

Seebald & Associates International

– Coast Guard Accepted FSO Training –

– FSAs – FSPs – Annual FSP Audits –

www.Seebald.com (800) 801-2310

______________

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. Dark energy is the scientific term for chocolate.

USCG – fire protection, detection & extinguishing equipment

clip_image004 The US Coast Guard promulgated an 86-page final rule harmonizing its approval processes for fire detection and alarm systems and revising its regulations for extinguishing equipment so as to remain current and address advances in technology. The rule enters into effect on 22 August. 81 Fed. Reg. 48219 (7/22/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-22/pdf/2016-15229.pdf].

FMC – proposed rulemakings approved

clip_image006 The Federal Maritime Commission (FMC) issued a news release stating that, at their 20 July meeting, the Commissioners voted to seek public comment on the proposed rulemakings on OCC and MTO agreements and on service contracts and NVOCC service arrangements. (7/21/16) [http://www.fmc.gov/nr16-13/].

USN – decommissioned frigate sunk

clip_image008 The US Navy issued a news release stating that live fire from ships and aircraft participating in the Rim of the Pacific 2016 exercise sank the decommissioned USS Crommelin (FFG 37) in water 15,000 feet deep and 55 nautical miles north of Kauai. (7/20/16) [http://www.navy.mil/submit/display.asp?story_id=95786].

UK – submarine-merchant ship collision

clip_image010 The UK Ministry of Defence (MoD) issued a press release stating that the Astute-class nuclear submarine HMS Ambush, while submerged and conducting a training exercise off Gibraltar was involved in a glancing collision with a merchant vessel. Initial indications are that the merchant vessel has not sustained damage. The submarine suffered damage to its sail. There were no injuries. (7/20/16) [https://www.gov.uk/government/news/royal-navy-statement-20-july-2016].

UK – collateral lie not relevant

clip_image012 The UK Supreme Court ruled that marine insurers may not repudiate liability on the ground that the insured had told a lie in presenting the claim if the lie proved to be irrelevant to the insurer’s liability. In the instant case, the insured intentionally misstated the time at which the bilge alarm on the ship had sounded. The misstatement was found to be a collateral lie, told by the insured to embellish its claim but not relevant to whether the claim was justified. Versloot Dredging v HDI Gerling, [2016] UKSC 45 (7/20/16) [https://www.supremecourt.uk/cases/docs/uksc-2014-0252-judgment.pdf].

Eastland sinking – 24 July 1915

clip_image014 On 24 July 1915, the passenger vessel EASTLAND capsized and sank at its dock on Lake Michigan in Chicago. Of the approximately 2,600 persons on board, 844 drowned. It remains the largest loss of life from a single shipwreck in the history of the Great Lakes. The ship was launched in 1903 and immediately acquired a reputation for being tender. It was top-heavy, with the center of gravity being too high, particularly when a large number of passengers congregated on the top deck. On the fatal date, the Western Electric Company had chartered the EASTLAND and two other passenger vessels to take employees and their families to a picnic in Michigan City. Legislation resulting from the Titanic disaster had recently been enacted requiring the EASTLAND and other passenger ships to install new (and heavier) lifeboats, further exacerbating its listing problem. At about 7:15 in the morning, shortly before the ship was due to get underway, it began to list to port. Despite desperate efforts by the crew to ballast the vessel, it lurched onto its side and sank at the pier. The company president and three senor company officers were indicted for manslaughter, but never tried. Legislation was later adopted mandating improvements to vessel stability.

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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 – July 2016

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July 21st, 2016 at 10:19 am

Bryant’s Maritime Blog – 21 July 2016

Headlines:

CBP – Jones Act enforcement;

USCG – commercial fishing vessel safety;

USCG – inspection of lifejackets;

USCG – Subchapter M corrections;

Hudson River – safety zone;

USCG – GLPAC members sought; and

NOAA – Antarctic marine living resources;

July 21, 2016

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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

______________

Proudly sponsored by

Seebald & Associates International

– Coast Guard Accepted FSO Training –

– FSAs – FSPs – Annual FSP Audits –

www.Seebald.com (800) 801-2310

______________

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. Dark energy is the scientific term for chocolate.

CBP – Jones Act enforcement

clip_image004 The US Customs and Border Protection (CBP) issued a notice announcing the creation of the National Jones Act Division of Enforcement (JADE). The JADE, located within the New Orleans Field Office, will be staffed by a team of subject matter experts to assist industry partners with questions and concerns on issues involving coastwise trade. (7/19/16) [http://www.brymar-consulting.com/wp-content/uploads/Misc/JADE_160719.pdf].

USCG – commercial fishing vessel safety

clip_image006 The US Coast Guard issued a Marine Safety Information Bulletin (MSIB) announcing that it is developing an Enhanced Oversight Program (EOP) for commercial fishing vessels in lieu of an Alternate Safety Compliance Program (ASCP). The EOP, along with additional Voluntary Safety Guidelines are intended to provide greater safety for older commercial fishing vessels. MSIB 11-16 (7/20/16) [https://www.uscg.mil/msib/docs/011_16_7-20-2016.pdf].

USCG – inspection of lifejackets

clip_image006[1] The US Coast Guard issued a Safety Alert reminding mariners of the importance of routinely inspecting the lifejackets. The floatation material inside lifejackets can break down over time and lose its buoyancy. Alert 07-16 (7/20/16) [https://www.uscg.mil/hq/cg5/cg545/alerts/0716.pdf].

USCG – Subchapter M corrections

clip_image007 The US Coast Guard issued a correction to its recent rulemaking concerning inspection of towing vessels – Subchapter M – to correct three erroneous dates. 81 Fed. Reg. 47312 (7/21/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-21/pdf/2016-17224.pdf].

Hudson River – safety zone

clip_image007[1] The US Coast Guard promulgated a rule establishing, through 10 July 2017, a temporary safety zone in waters of the Hudson River in the vicinity of Edgewater, New Jersey while repairs are made to a submerged power cable. 81 Fed. Reg. 47293 (7/21/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-21/pdf/2016-17332.pdf].

USCG – GLPAC members sought

clip_image008 The US Coast Guard seeks applications for membership on the Great Lakes Pilotage Advisory Committee (GLPAC). Applications should be submitted by 22 August. 81 Fed. Reg. 47401 (7/21/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-21/pdf/2016-17239.pdf].

NOAA – Antarctic marine living resources

clip_image010 The National Oceanic and Atmospheric Administration (NOAA) proposes to revise its regulations concerning Antarctic marine living resources to implement conservation measures recently adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). Comments on the proposal must be received by 22 August. 81 Fed. Reg. 47325 (7/21/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-21/pdf/2016-17129.pdf].

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If you have questions regarding the above items, 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 – July 2016

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July 20th, 2016 at 11:01 am

Bryant’s Maritime Blog – 20 July 2016

Headlines:

USCG – Subchapter M correction notice.

Mississippi River – body of late master recovered;

FMC – Daniel B. Maffei sworn in as Commissioner;

FAA – commercial space launches and reentries;

Court – failure to assert admiralty jurisdiction;

Alaska – marine debris cleanup; and

California – Prevention First Symposium.

July 20, 2016

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

______________

Proudly sponsored by

Seebald & Associates International

– Coast Guard Accepted FSO Training –

– FSAs – FSPs – Annual FSP Audits –

www.Seebald.com (800) 801-2310

______________

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. Dark energy is the scientific term for chocolate.

USCG – Subchapter M correction notice

clip_image004 The US Coast Guard issued a notice announcing the correction of three dates in the Subchapter M – Inspection of Towing Vessels – final rule. (7/19/16) [http://mariners.coastguard.dodlive.mil/2016/07/19/7192016-correction-notice-for-subchapter-m-inspection-of-towing-vessels/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+MaritimeCommons+%28Maritime+Commons%29].

Mississippi River – body of late master recovered

clip_image004[1] The US Coast Guard issued a news release stating that the body of the late master of a bulk carrier has been recovered. The master fell into the Lower Mississippi River near Donaldsonville while boarding his vessel from a crew boat. (7/19/16) [http://www.uscgnews.com/go/doc/4007/2866666/].

FMC – Daniel B. Maffei sworn in as Commissioner

clip_image006 The Federal Maritime Commission (FMC) issued a news release stating that former congressman Daniel B. Maffei has been sworn in as a Commissioner of the FMC for a term ending 30 June 2017. (7/19/16) [http://www.fmc.gov/NR16-12/].

FAA – commercial space launches and reentries

clip_image008 The Federal Aviation Administration (FAA) promulgated a final rule changing the collective risk limits for commercial space launches and reentries and clarifying the risk limit used to establish hazard areas for ships and aircraft. The changes, which enter into effect on 19 September, reflect the government’s greater experience with commercial launches and reentries. 81 Fed. Reg. 47017 (7/20/16) [ ].

Court – failure to assert admiralty jurisdiction

clip_image010 The US Court of Appeals for the Eighth Circuit ruled that the doctrine of laches applies only if admiralty jurisdiction is asserted. In an action by an Alabama corporation alleging defendant tortiously interfered with a contract between plaintiff and a third party for charter of a barge, the district court did not err in applying Alabama, rather than Minnesota law, as Alabama’s interest in protecting its resident outweighed Minnesota’s interest in compensating nonresident plaintiffs; nor did the court err in finding the action was barred by Alabama’s two-year statute of limitations. Since plaintiff had not shown that admiralty jurisdiction was invoked by the alleged tort, the federal admiralty doctrine of laches did not apply and there was no fraudulent concealment of facts which would justify otherwise tolling the statute of limitations. Blake Marine Group v CarVal Investors, No. 15-3115 (8th Cir., July 13, 2016) [http://media.ca8.uscourts.gov/opndir/16/07/153115P.pdf]. Note: This item was brought to my attention by my good friend Keith Heard of Burke Parsons.

Alaska – marine debris cleanup

clip_image012 The Alaska Department of Environmental Conservation (DEC) issued a press release stating that a marine debris cleanup barge has arrived in Anchorage for offloading. The barge spent 40 days in Prince William Sound receiving tons of debris that had washed up on the shoreline. Recyclable material will be processed. Appropriate material will be repurposed. The remaining debris will be disposed of properly. (7/15/16) [http://dec.alaska.gov/commish/press_releases/2016/16-11-marine-debris-cleanup-barge-arrives-in-anchorage.pdf].

California – Prevention First Symposium

clip_image014 The California State Lands Commission (SLC) issued a notice stating that the 2016 Prevention First Symposium will be held on 27-28 September in Long Beach. (7/19/16) [http://www.slc.ca.gov/About/PF.html].

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If you have questions regarding the above items, 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 – July 2016

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July 19th, 2016 at 8:24 am

Bryant’s Maritime Blog – 19 July 2016

Headlines:

NTSB – fatigue-induced collision;

Mississippi River – master falls overboard;

Upper Niagara River – boaters towed to safety;

USCG – inspection of towing vessels COI;

DOJ – tanker owner and operator indicted;

Court – use of low frequency sonar;

EU – comment on arbitral award;

ReCAAP – half-yearly report;

Australia- cartel guilty plea;

Singapore – 4G/LTE broadband wireless scheme; and

MREN – Slow walking the inspection of towing vessels.

July 19, 2016

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

______________

Proudly sponsored by

Seebald & Associates International

– Coast Guard Accepted FSO Training –

– FSAs – FSPs – Annual FSP Audits –

www.Seebald.com (800) 801-2310

______________

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. Dark energy is the scientific term for chocolate.

NTSB – fatigued-induced collision

clip_image004 The National Transportation Safety Board (NTSB) issued the report of its investigation of the collision between the Coast Guard patrol boat USCGC Key Largo and the fishing vessel Sea Shepherd near Vieques Island on 23 September 2014 with the subsequent sinking of the fishing vessel. There were no injuries. The investigation determined that the probable cause of the collision was the failure of the patrol boat’s officer of the deck (OOD) to detect and avoid the fishing vessel, most likely because he had fallen asleep prior to the collision, having had only 3.5 hours of sleep in the prior 24. Contributing to the collision was the failure of the OOD to report to the commanding officer his unfitness for duty due to lack of sleep. The report also noted that the Coast Guard had developed a Crew Endurance Management (CEM) program to address fatigue, but that the program had not been implemented. MAB 16-09 (7/11/16) [http://www.ntsb.gov/investigations/AccidentReports/Reports/MAB1609.pdf].

Mississippi River – master falls overboard

clip_image006 The US Coast Guard issued a news release stating that the master of the freighter African Raptor fell into the Mississippi River at mile marker 179 near Donaldson while attempting to board the vessel from a crew boat. He was wearing a personal flotation device. (7/17/16) [http://www.uscgnews.com/go/doc/4007/2865893/].

Upper Niagara River – boaters towed to safety

clip_image007 The US Coast Guard issued a news release stating that a recreational vessel with two persons on board lost power on the Upper Niagara River above the Canadian Falls. When it was unable to anchor, the water level on the river was lowered, causing the boat to ground. A tow line was floated to the boat, which was then towed to shore. (7/18/16) [http://www.uscgnews.com/go/doc/4007/2865998/].

USCG – inspection of towing vessels COI

clip_image007[1] The US Coast Guard issued a notice stating that the Office of Management and Budget (OMB) has approved the collection of information (COI) requirements of the Inspection of Towing Vessels final rule, making those recordkeeping and reporting requirements enforceable. 81 Fed. Reg. 46848 (7/19/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-19/pdf/2016-17007.pdf].

DOJ – tanker owner and operator indicted

clip_image009 The Department of Justice (DOJ) issued a news release stating that a ship management company, a corporate vessel owner, and three former engineering officers of the tank vessel Green Sky were indicted by a federal grand jury of failing to keep an accurate oil record book (ORB), obstruction of justice, and conspiracy. In a related development, the tanker’s former master pleaded guilty to one count of obstruction of justice. (7/15/16) [https://www.justice.gov/opa/pr/liberian-ship-management-company-corporate-vessel-owner-and-three-engineering-officers].

Court – use of low frequency sonar

clip_image011 The US Court of Appeals for the Ninth Circuit reversed a district court grant of summary judgment in favor of the Secretary of Commerce in a case brought by the Natural Resources Defense Council (NRDC) and other environmental advocacy groups relating to the US Navy use of surveillance towed array sensor system low frequency active sonar. The National Marine Fisheries Service (NMFS) recently authorized, under the Marine Mammal Protection Act (MMPA), the incidental take of marine mammals through use of the sonar. The appellate court held that the NMFS authorization was not in accordance with the MMPA because it did not establish the means of effecting the least practicable adverse impact on marine mammal species, stock, and habitat. The authorization impermissibly conflated the least practicable adverse impact standard with the negligible impact finding. The case has been remanded for further consideration. NRDC v. Pritzker, No. 14-16375 (9th Cir., July 15, 2016) [http://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/15/14-16375.pdf].

EU – comment on arbitral award

clip_image013 The European Union (EU) issued a press release stating that it acknowledges the Award rendered by the Arbitral Tribunal in arbitration between the Republic of the Philippines and the People’s Republic of China and urges the parties to resolve the dispute through peaceful means in accordance with the framework of the United Nations Convention on the Law of the Sea (UNCLOS). (7/15/16) [http://www.consilium.europa.eu/en/press/press-releases/2016/07/15-south-china-sea-arbitration/].

ReCAAP – half-yearly report

clip_image015 The ReCAAP Information Sharing Centre issued its Half-Yearly Report. The report for January-June 2016 shows 41 reports of incidents of piracy and armed robbery against ships in Asian water as compared with 114 reports during the same period in 2015, a 64% decrease. (7/18/16) [http://www.recaap.org/DesktopModules/Bring2mind/DMX/Download.aspx?Command=Core_Download&EntryId=454&PortalId=0&TabId=78].

Australia – cartel guilty plea

clip_image017 The Australian Competition & Consumer Commission (ACCC) issued a media release stating that Nippon Yusen Kabushiki Kaisha (NYK) pleaded guilty in federal court for cartel conduct in connection with the transportation of vehicles to Australia between July 2009 and September 2012. The investigation into other alleged cartel participants is continuing. (7/18/16) [http://www.accc.gov.au/media-release/australia%E2%80%99s-first-criminal-cartel-charge-laid-against-nyk].

Singapore – 4G/LTE wireless broadband scheme

clip_image019 The Singapore Maritime and Port Authority (MPA) issued a circular announcing a funding scheme for development of 4G/LTE wireless broadband availability within port waters. Port Marine Circular 12-2016 (7/18/16) [http://www.mpa.gov.sg/web/portal/home/port-of-singapore/circulars-and-notices/detail/05e3c4dd-dcd0-4301-84ed-c9b4af9b9be3].

MREN – Slow walking the inspection of towing vessels

clip_image021 My article “Slow walking the inspection of towing vessels”, may be found in the July 2016 edition of Maritime Reporter & Engineering News. In the article, I discuss the US Coast Guard’s recent rulemaking on the inspection of towing vessels – Subchapter M. The article points out that, while the regulations have technically entered into effect, many of their provisions will not become applicable until a future date. For example, the requirement for each covered towing vessel to have a valid certificate of inspection (COI) will be phased in over the next six years. (7/18/16) [http://www.brymar-consulting.com/wp-content/uploads/MREN/MREN160700.pdf].

Join my mailing list

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If you have questions regarding the above items, 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 – July 2016

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July 18th, 2016 at 11:10 am

Bryant’s Maritime Blog – 18 July 2016

Headlines:

USCG – draft changes to MSM;

FMC – meeting on 20 July;

APHIS – mandatory use of ACE;

BOEM – additional OCS security requirements;

Senate – bill introduced re sea level rise; and

Mauritius – convictions for attempted piracy.

July 18, 2016

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

______________

Proudly sponsored by

Seebald & Associates International

– Coast Guard Accepted FSO Training –

– FSAs – FSPs – Annual FSP Audits –

www.Seebald.com (800) 801-2310

______________

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. Dark energy is the scientific term for chocolate.

USCG – draft changes to MSM

clip_image004 The US Coast Guard has made available the draft changes and matrix regarding the Marine Safety Manual (MSM), Volume III, Marine Industry Personnel. Comments on the proposed 438-page long draft revision must be received by 13 September. (7/15/16) [https://www.regulations.gov/searchResults?rpp=25&po=0&s=uscg-2016-0669&dct=FR%2BPR%2BN%2BO%2BSR].

FMC – meeting on 20 July

clip_image006 The Federal Maritime Commission (FMC) issued a notice stating that the Commissioners will meet on 20 July in Washington, DC. They will receive international affairs briefings and an update regarding the Supply Chain Innovation project. They will also consider the proposed rule on OOC & MTO agreements and the proposed rule on service contracts and NVOCC service arrangements. 81 Fed. Reg. 46000 (7/18/16) [ ].

APHIS – mandatory use of ACE

clip_image008 The Animal and Plant Health Inspection Service (APHIS) issued a notice stating that, effective 15 August, electronic submissions of APHIS-required import/export data must be via the Customs and Border Protection (CBP) Automated Commercial Environment (ACE). 81 Fed. Reg. 46000 (7/18/16) [ ].

BOEM – additional OCS security requirements

clip_image010 The Bureau of Ocean Energy Management (BOEM) issued a notice announcing the availability of a guidance document entitled “Notice to Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental Shelf – Requiring Additional Security” (NTL No. 2016-N01). 81 Fed. Reg. 46000 (7/18/16) [ ].

Senate – bill introduced re sea level rise

clip_image012 Senator Rubio (R-FL) introduced a bill (S. 3228) to require the Secretary of the Army to conduct a study of coastal areas in the South Atlantic Division of the Corps of Engineers to identify risks and vulnerabilities of those areas as a result of seas level rise, and for other purposes. Official text of the bill is not yet available. (7/14/16).

Mauritius – convictions for attempted piracy

clip_image014 The EU Naval Force issued a press release stating that twelve men recently were convicted in Mauritius of attempting to carry out an act of piracy against the merchant vessel MSC Jasmine in the Indian Ocean on 5 January 2013. (6/14/16) [http://eunavfor.eu/eu-naval-force-welcomes-third-successful-conviction-in-2016-of-armed-pirates-who-terrorised-seafarers-off-the-coast-of-somalia/].

Join my mailing list

clip_image016 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:

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If you have questions regarding the above items, 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 – July 2016

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July 15th, 2016 at 11:23 am

Bryant’s Maritime Blog – 15 July 2016

Headlines:

Delaware Bay & River – anchorage grounds;

USCG – proposed changes to MSM;

BSEE & BOEM – Arctic OCS drilling;

MARAD – Delfin LNG DWP DEIS;

USACE – Inland Waterways Users Board;

Senate- bill introduced to reauthorize NTSB; and

India – shipbuilding financial assistance policy.

July 15, 2016

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

______________

Proudly sponsored by

Seebald & Associates International

– Coast Guard Accepted FSO Training –

– FSAs – FSPs – Annual FSP Audits –

www.Seebald.com (800) 801-2310

______________

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. Dark energy is the scientific term for chocolate.

Delaware Bay & River – anchorage grounds

clip_image004 The US Coast Guard proposes to amend the anchorage regulations for Delaware Bay and River. Comments on the proposal must be received by 15 August. 81 Fed. Reg. 46026 (7/15/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-15/pdf/2016-16714.pdf].

USCG – proposed changes to MSM

clip_image005 The US Coast Guard issued a notice stating that it seeks comments on draft revisions to the USCG Marine Safety Manual (MSM), Volume III regarding marine industry personnel. Comments must be received by 13 September. 81 Fed. Reg. 46042 (7/15/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-15/pdf/2016-16691.pdf].

BSEE & BOEM – Arctic OCS drilling

clip_image007 clip_image009 The Bureau of Safety and Environmental Enforcement (BSEE) and the Bureau of Ocean Energy Management (BOEM) promulgated a joint final rule revising the regulations applicable to exploratory drilling on the Arctic outer continental shelf (OCS). The regulations enter into effect on 13 September. 81 Fed. Reg. 46477 (7/15/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-15/pdf/2016-15699.pdf].

MARAD – Delfin LNG DWP DEIS

clip_image011 The Maritime Administration (MARAD) issued a notice stating that a draft environmental impact statement (DEIS) has been prepared relating to the proposed Delfin LNG deepwater port (DWP) license application. The application proposes construction and operation of an LNG export facility in waters of the Gulf of Mexico off Cameron Parish, Louisiana. Public meetings will be held in Cameron (9 August) and Beaufort (10 August). Written comments must be received by 29 August. 81 Fed. Reg. 46157 (7/15/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-15/pdf/2016-16540.pdf].

USACE – Inland Waterways Users Board

clip_image013 The US Army Corps of Engineers seeks nominations for membership on the Inland Waterways Users Board (IWUB). Nominations must be received by 1 September. 81 Fed. Reg. 46068 (7/15/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-15/pdf/2016-16540.pdf].

Senate – bill introduced to reauthorize NTSB

clip_image015 Senator Merkley (D-OR) introduced a bill (S. 3187) to increase the authorization of the National Transportation Safety Board through fiscal year 2020, to require the NTSB to investigate major oil and other hazardous materials derailments, to expand the Secretary of Transportation’s emergency order authority, and to require the Secretary of Transportation to establish a volatility standard for crude oil transported by rail. Official text of the bill is not yet available, but Senator Merkley issued a press release explaining the measure. (7/13/16) [https://www.merkley.senate.gov/news/press-releases/merkley-wyden-introduce-legislation-to-address-oil-train-derailments].

India – shipbuilding financial assistance policy

clip_image017 The Indian Directorate General of Shipping (DGS) issued the Guidelines for Implementation of the Shipbuilding Financial Assistance Policy. (7/4/16) [http://dgshipping.gov.in/WriteReadData/News/201607141154459866824shippingbuilding_financial_asstance_policy_04072016.pdf].

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If you have questions regarding the above items, 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 – July 2016

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July 14th, 2016 at 10:29 am

Bryant’s Maritime Blog – 14 July 2016

Headlines:

DOJ – ocean carrier to pay $98.9 million fine;

USCG – BWMS denial letters;

Great Lakes – tall ships safety zones;

Marina del Rey – anchorage regulations;

House – bill introduced re maritime security assistance;

Senate – bill introduced re taxation and oil spills;

Senate – bill introduced re oil spill costs;

GAO – USCG Arctic capability gaps;

CRS – Navy’s new weapons systems;

South China Sea – Chinese lighthouses; and

UK – master & first officer convicted of drug smuggling.

July 14, 2016

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

______________

Proudly sponsored by

Seebald & Associates International

– Coast Guard Accepted FSO Training –

– FSAs – FSPs – Annual FSP Audits –

www.Seebald.com (800) 801-2310

______________

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. Dark energy is the scientific term for chocolate.

DOJ – ocean carrier to pay $98.9 million fine

clip_image004 The Department of Justice (DOJ) issued a news release announcing that the ocean carrier Wallenius Wilhelmsen Logistics (WWL) has agreed to plead guilty in federal court and pay a $98.9 million criminal fine for its involvement in a conspiracy to fix prices for international ocean shipments of ro-ro cargo. (7/13/16) [https://www.justice.gov/opa/pr/wwl-pay-989-million-fixing-prices-ocean-shipping-services-cars-and-trucks].

USCG – BWMS denial letters

clip_image006 The US Coast Guard posted its denial letters in the appeals of four ballast water management system (BWMS) manufacturers who sought USCG type approval of their technological approaches, contending that they were equivalent to the approach provided for in the applicable regulations. In addition to the four virtually identical denial letters, the 211-page document includes a 64-page test report from the Naval Research Laboratory. (7/12/16) [https://www.uscg.mil/foia/docs/FINAL-AG.pdf].

Great Lakes – tall ships safety zones

clip_image006[1] The US Coast Guard promulgated a rule establishing, through 12 September, temporary safety zones around each tall ship visiting the Great Lakes during the Tall Ships Challenge 2016 race series. 81 Fed. Reg. 45414 (7/14/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-14/pdf/2016-16711.pdf].

Marina del Rey – anchorage regulations

clip_image006[2] The US Coast Guard has clarified some language regarding its proposed changes to the anchorage regulations for Marina del Rey Harbor. Comments on the proposal must be received by 15 August. 81 Fed. Reg. 45428 (7/14/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-14/pdf/2016-16713.pdf].

House – bill introduced re maritime security assistance

clip_image008 Representative Ruiz (D-CA) introduced the Stop Iran From Smuggling Weapons to Terrorists Act (H.R. 5678) to authorize assistance and training to increase maritime security and domain awareness of foreign countries bordering the Persian Gulf, the Arabian Sea, or the Mediterranean Sea in order to deter and counter illicit smuggling and related maritime activity by Iran, including illicit Iranian weapons shipments. (7/7/16) [https://www.gpo.gov/fdsys/pkg/BILLS-114hr5678ih/pdf/BILLS-114hr5678ih.pdf].

Senate – bill introduced re taxation and oil spills

clip_image010 Senator Menendez (D-NJ) introduced a bill (S. 3163) to amend the Internal Revenue Code of 1986 to require oil polluters to pay the full cost of oil spills, and for other purposes. Official text of the bill is not yet available. (7/12/16).

Senate – bill introduced re oil spill costs

clip_image011 Senator Menendez (D-NJ) introduced a bill (S. 3165) to amend the Oil Pollution Act of 1990 to require oil polluters to pay the full cost of oil spills, and for other purposes. Official text of the bill is not yet available. (7/12/16).

GAO – USCG Arctic capability gaps

clip_image013 The Government Accountability Office (GAO) issued a report on the Coast Guard’s Arctic Strategy. It recommended that the agency take action to better assess how its actions could mitigate known Arctic capability gaps. GAO-16-453 (7/12/16) [http://www.gao.gov/assets/680/677855.pdf].

CRS – Navy’s new weapons systems

clip_image015 The Congressional Research Service (CRS) issued a report on Navy lasers, railguns, and hypervelocity projectiles. R44175 (6/17/16) [http://fas.org/sgp/crs/weapons/R44175.pdf].

South China Sea – Chinese lighthouses

clip_image017 The Chinese Maritime Safety Administration (MSA) issued a press release stating that four of its five planned lighthouses in the South China Sea are now operational. (7/13/16) [http://en.msa.gov.cn/index.php?m=content&c=index&a=show&catid=343&id=188].

UK – master & first officer convicted of drug smuggling

clip_image019 The UK National Crime Agency (NCA) issued a news release stating that, after a jury trial, the master and first mate of an ocean-going tug were convicted of attempting to smuggle 3.2 tonnes of cocaine into the UK. The tug had been intercepted by a Royal Navy destroyer and a Border Force cutter in the North Sea in April 2015. After an extensive search, the cocaine was found in a hidden compartment in the ballast tank. (7/11/16) [http://www.nationalcrimeagency.gov.uk/www.nationalcrimeagency.gov.uk/news/885-guilty-verdicts-after-uk-s-biggest-ever-cocaine-seizure].

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clip_image021 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:

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If you have questions regarding the above items, 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 – July 2016

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July 13th, 2016 at 11:05 am

Bryant’s Maritime Blog – 13 July 2016

Headlines:

USCG – final denial of BWMS appeal;

USCG – ballast water management guidance;

USCG – third party review team;

OMB – TWIC card reader requirements;

House – USCG Arctic Implementation Capabilities;

Court – sea otter translocation program; and

South China Sea – Philippines prevails,

July 13, 2016

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

______________

Proudly sponsored by

Seebald & Associates International

– Coast Guard Accepted FSO Training –

– FSAs – FSPs – Annual FSP Audits –

www.Seebald.com (800) 801-2310

______________

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. Dark energy is the scientific term for chocolate.

USCG – final denial of BWMS appeal

clip_image004 The US Coast Guard posted a notice announcing that the it has taken final action and denied the appeals from four ballast water management system manufacturers to use an alternative testing method for USCG type approval of their ultra-violet (UV) based ballast water management systems (BWMS). The four BWMS manufacturers advocated use of a most probable number (MPN) system as equivalent to testing required by regulations. The Coast Guard determined that there was insufficient evidence to show the asserted equivalency. (7/12/16) [http://mariners.coastguard.dodlive.mil/2016/07/12/7122016-final-action-on-ballast-water-management-system-appeals/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+MaritimeCommons+%28Maritime+Commons%29].

USCG – ballast water management guidance

clip_image005 The US Coast Guard issued a Marine Safety Information Bulletin (MSIB) providing an update on aspects of the Alternate Management Systems (AMS) program for ballast water management and compliance with applicable regulations. OES-MSIB 010-16 (7/13/16) [https://www.uscg.mil/msib/docs/010_16_7-12-2016.pdf].

USCG – third party review team

clip_image006 The US Coast Guard posted a notice announcing the creation of an internal team to inventory, analyze, update, and develop/implement strategies which promote, economize, and leverage the use of third party organizations for compliance operations. (7/12/16) [http://mariners.coastguard.dodlive.mil/2016/07/12/7122016-creation-of-a-third-party-review-team/].

OMB – TWIC card reader requirements

clip_image008 The Office of Management & Budget (OMB) has concluded its review of the Coast Guard’s draft final rule regarding Transportation Worker Identification Credential (TWIC) Card Reader Requirements. The rule is being returned to the agency for promulgation in the Federal Register. (7/12/16) [http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201604&RIN=1625-AB21].

House – hearing re USCG Arctic Implementation Capabilities

clip_image010 The Coast Guard and Maritime Transportation Subcommittee of the House Committee on Transportation and Infrastructure conducted a hearing on Coast guard Arctic Implementation Capabilities. The subcommittee expressed concern regarding the gap between the capabilities required to perform various Arctic missions and the Coast Guard’s current abilities in that region. Testimony was heard from ADM Charles Michel, USCG; Ms. Allison Stiller, DOD; Ms. Jennifer Grover, GAO; Mr. Ronald O’Rourke, CRS; Ms. Heather Conley, CSIS; and Mr. Matthew Paxton, SCA. (7/12/16) [http://transportation.house.gov/calendar/eventsingle.aspx?EventID=400434].

Court – sea otter translocation program

clip_image012 The US Court of Appeals for the Ninth Circuit ruled an action brought by commercial fishing groups against Fish & Wildlife Service (FWS) challenging the agency’s termination of a sea otter translocation program was timely when it was filed within six years of the decision for such termination. The case was remanded for a hearing on the merits. California Sea Urchin Commission v. Bean, No. 14-55580 (9th Cir., July 12, 2016) [http://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/12/14-55580.pdf].

South China Sea – Philippines prevails

clip_image014 The Permanent Court of Arbitration in The Hague issued its 501-page decision in the case brought by the Philippines against the People’s Republic of China regarding the latter’s claims of jurisdiction and actions in wide expanses of the South China Sea. The court found no basis for Chinese claims of jurisdiction to waters, shoals, and related areas within the 200-mile exclusive economic zone (EEZ) of the Philippines and for its acts in creating artificial islands in the South China Sea. Republic of the Philippines v. People’s Republic of China, PCA Case No. 2013-19 (12 July 2016) [https://pca-cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Award.pdf].

Join my mailing list

clip_image016 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:

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If you have questions regarding the above items, 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 – July 2016

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July 12th, 2016 at 11:18 am

Bryant’s Maritime Blog – 12 July 2016

Headlines:

South China Sea – Philippines prevails;

Hudson River – safety zone;

USCG – cargo securing manuals;

Court – Shipping Act preempts state law;

IMO – award for bravery at sea; and

Panama Canal – June operations.

July 12, 2016

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

______________

Proudly sponsored by

Seebald & Associates International

– Coast Guard Accepted FSO Training –

– FSAs – FSPs – Annual FSP Audits –

www.Seebald.com (800) 801-2310

______________

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. Dark energy is the scientific term for chocolate.

South China Sea – Philippines prevails

clip_image004 Various media outlets are reporting that the Permanent Court of Arbitration in The Hague has ruled in favor of the Philippines in its dispute with the People’s Republic of China regarding the status of major portions of the South China Sea. Unfortunately, the Court’s internet site is currently unavailable (possibly due to high use or to malicious access denial). According to the available reports, the ruling found that China has no right to block the access of Philippine fishermen to waters with 200 nautical miles of the Philippines and that its construction of artificial islands in the South China Sea is improper and causes severe harm to the environment. China contends that the Court has no jurisdiction regarding this dispute. (7/12/16) [https://pca-cpa.org/].

Hudson River – safety zone

clip_image006 The US Coast Guard promulgated a temporary interim rule establishing a safety zone around the crane barge during heavy lifting operations in the vicinity of the Tappan Zee Bridge. The rule will remain in effect through 31 December 2018. Comments on the rule must be received by 11 August. 81 Fed. Reg. 45022 (7/12/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-12/pdf/2016-16364.pdf].

USCG – cargo securing manuals

clip_image006[1] The US Coast Guard issued a notice announcing that the Office of Management and Budget (OMB) has approved the information collection request for the cargo securing manuals rule promulgated on 9 May 2016. 81 Fed. Reg. 45012 (7/12/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-12/pdf/2016-16416.pdf]. Note: This means that the Coast Guard can now take enforcement action for failure to maintain the records required by the rulemaking.

Court – Shipping Act preempts state law

clip_image008 The Washington Court of Appeals affirmed the dismissal of an action brought by an individual against the ports of Seattle and Tacoma for his exclusion from meetings held by the two entities for the purpose of coordinating their operations. The court held that the plaintiff had standing to bring the action under the state Open Public Meetings Act. The court then held that his action was preempted by the federal Shipping Act of 1984, which specifically authorized maritime entities such as these to meet privately. Allowing the public, including possible competitors, access to the ports’ meetings on these matters would frustrate the purpose of the federal law. West v. Seattle Port Commission, No. 73014-2-1 (Wash. Ct. App., July 5, 2016) [http://www.courts.wa.gov/opinions/pdf/730142.pdf]. Note: This item was brought to my attention by my good friend Keith Heard of Burke & Parsons.

IMO – award for bravery at sea

clip_image010 The IMO issued a news release stating that Captain Radhika Menon, master of the product tanker Sampurna Swarajya is to receive the 2016 IMO Award for Exceptional Bravery at Sea for her role in the dramatic rescue of seven fishermen from a sinking vessel during tumultuous weather in the Bay of Bengal in June 2015. (7/7/16) [http://www.imo.org/en/MediaCentre/PressBriefings/Pages/21-Bravery-Award-2016.aspx].

Panama Canal – June operations

clip_image012 The Panama Canal Authority (ACP) issued an advisory summarizing Canal operations during June. It also includes the schedule of locks lane outages for the remainder of the fiscal year. Advisory 38-2016 (7/8/16) [https://www.pancanal.com/common/maritime/advisories/2016/a-38-2016.pdf].

Join my mailing list

clip_image014 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:

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If you have questions regarding the above items, 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 – July 2016

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July 11th, 2016 at 10:49 am

Bryant’s Maritime Blog – 11 July 2016

Headlines:

USCG – Commandant’s Mid-Term Report;

USCG NMC – QA requirements;

USCG – use of autopilots by tankers;

MERPAC – meeting on 2-4 August;

COAC – meeting on 27 July;

NOAA – T/B DBL 152 oil spill damage assessment;

Senate – bill introduced re OCS administration;

House – bill introduced re maritime security assistance;

GAO – maritime cargo security programs;

Court – inadequate EIS;

Court – interlocutory decision not appealable;

EC – liner shipping price transparency;

EC – probe of Belgian & French ports; and

ReCAAP – incidents down by 64%.

July 11, 2016

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

______________

Proudly sponsored by

Seebald & Associates International

– Coast Guard Accepted FSO Training –

– FSAs – FSPs – Annual FSP Audits –

www.Seebald.com (800) 801-2310

______________

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. Dark energy is the scientific term for chocolate.

USCG – Commandant’s Mid-Term Report

clip_image004 Admiral Paul F. Zukunft, Commandant, US Coast Guard issued his Mid-Term Report. The report highlights some of the Coast Guard’s recent accomplishments while outlining the way ahead within the service’s strategic priorities, as well as the three principles of its organizational focus: service to nation, duty to peoples, and commitment to excellence. (7/9/16) [https://www.uscg.mil/seniorleadership/DOCS/midterm.pdf].

USCG NMC – QA requirements

clip_image004[1] The USCG National Maritime Center (NMC) issued a notice regarding merchant mariner certification Qualified Assessor (QA) requirements, particularly with respect to STCW competence. (7/7/16) [https://www.uscg.mil/nmc/announcements/pdfs/qa_requirements_notice.pdf].

USCG – use of autopilots by tankers

clip_image004[2] The US Coast Guard proposes to permit tankers with automatic pilot systems that meet certain international standards to operate using those systems in waters subject to certain shipping safety fairway or traffic separation scheme controls. Comments on the proposal must be submitted by 11 October. 81 Fed. Reg. 44817 (7/11/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-11/pdf/2016-15791.pdf].

MERPAC – meeting on 2-4 August

clip_image004[3] A working group of the Merchant Marine Personnel Advisory Committee (MERPAC), sponsored by the US Coast Guard, will meet on 2-4 August in Great Lakes, Illinois. The purpose of the meeting is to evaluate utilizing military education, training, and assessment to satisfy national and STCW credential requirements. 81 Fed. Reg. 44888 (7/11/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-11/pdf/2016-16332.pdf].

COAC – meeting on 27 July

clip_image006 The Commercial Customs Operations Advisory Committee (COAC), sponsored by the US Customs and Border Protection (CBP), will meet in Boston in 27 July. Topics on the agenda include the Air, Ocean, and Rail Manifest Pilots and trade facilitation. 81 Fed. Reg. 44889 (7/11/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-11/pdf/2016-16359.pdf].

NOAA – T/B DBL 152 oil spill damage assessment

clip_image008 The National Oceanic and Atmospheric Administration (NOAA) issued a notice stating that a Final Damage Assessment and Restoration Plan and Environmental Assessment (Final DARP/EA) had been prepared that addresses natural resource injuries and resource service losses resulting from the November 11, 2005 tank barge (T/B) DBL 152 oil spill in the Gulf of Mexico. 81 Fed. Reg. 44839 (7/11/16) [https://www.gpo.gov/fdsys/pkg/FR-2016-07-11/pdf/2016-16357.pdf].

Senate – bill introduced re OCS administration

clip_image010 Senator Cassidy (R-LA) introduced the American Energy and Conservation Act of 2016 (S. 3110) to provide for reforms of the administration of the outer Continental Shelf of the United States, to provide for the development of geothermal, solar, and wind energy on public land, and for other purposes. Senator Cassidy issued a press release explaining the measure. (6/29/16) [https://www.gpo.gov/fdsys/pkg/BILLS-114s3110pcs/pdf/BILLS-114s3110pcs.pdf].

House – bill introduced re maritime security assistance

clip_image012 Representative Ruiz (D-CA) introduced a bill (H.R. 5678) to authorize assistance and training to increase maritime security and domain awareness of foreign countries bordering the Persian Gulf, the Arabian Sea, or the Mediterranean Sea in order to deter and counter illicit smuggling and related maritime activity by Iran, including illicit Iranian weapons shipments. Official text of the bill is not yet available. (7/7/16).

GAO – maritime cargo security programs

clip_image014 The Government Accountability Office (GAO) posted a report of its testimony at the recent hearing on maritime nuclear smuggling issues. The GAO testimony focused on cargo security issues, identifying progress regarding risk assessments and partnerships with foreign governments. GAO-16-790T (7/7/16) [http://www.gao.gov/assets/680/678249.pdf].

Court – inadequate EIS

clip_image016 The US Court of Appeals for the District of Columbia Circuit reversed the district court award of summary judgment in favor of the Bureau of Ocean Energy Management (BOEM) regarding its action approving a permit for construction and operation of the Cape Wind project in Nantucket Sound. The appellate court ruled that the BOEM environmental impact statement (EIS) did not comply with the requirements of the National Environmental Policy Act (NEPA) and that the incidental take statement did not comply with the requirements of the Endangered Species Act (ESA). Public Employees for Environmental Responsibility v. Hopper, No. 14-5301 (D.C. Cir., July 5, 2016) [https://www.cadc.uscourts.gov/internet/opinions.nsf/9E052DE574BD496C85257FE700503890/$file/14-5301-1622978.pdf].

Court – interlocutory decision not appealable

clip_image018 The US Court of Appeals for the Ninth Circuit ruled that an interlocutory decision of the National Labor Relations Board (NLRB) in a dispute between a labor union and a maritime employer is not subject to appeal due to its lack of finality. Pacific Maritime Association v. NLRB, No. 13-35818 (9th Cir., July 8, 2016) [http://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/08/13-35818.pdf].

EC – liner shipping price transparency

clip_image020 The European Commission (EC) issued a press release stating that it has adopted a decision that renders legally binding the commitments offered by fourteen container liner shipping companies to increase price transparency for customers and reduce the likelihood of coordinating prices. (7/7/16) [http://europa.eu/rapid/press-release_IP-16-2446_en.htm?locale=en].

EC – probe of Belgian & French ports

clip_image020[1] The European Commission (EC) issued a press release stating that it has opened in-depth probes to check if corporate tax exemptions granted under Belgian and French law to ports’ economic activities are in line with EU state aid rules and whether they give companies in a certain sector an advantage over competitors in other Member States. (7/8/16) [http://europa.eu/rapid/press-release_IP-16-2451_en.htm?locale=en].

ReCAAP – incidents down by 64%

clip_image022 The ReCAAP Information Sharing Centre issued a summary of incidents of piracy and armed robbery against ships in Asian waters for the period January through June 2016. There has been a significant reduction (64%) in reported incidents compared to the previous five years. (7/8/16) [http://www.recaap.org/DesktopModules/Bring2mind/DMX/Download.aspx?Command=Core_Download&EntryId=449&PortalId=0&TabId=78].

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Dennis L. Bryant

Bryant’s Maritime Consulting

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© Dennis L. Bryant – July 2016

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    logo11 Slow walking the inspection of towing vessels

    In the July 2016 edition of Maritime Reporter and Engineering News, you can find my article entitled "Slow walking the inspection of towing vessels". In the article, I discuss the US Coast Guard's recent rulemaking on the inspection of towing vessels - Subchapter M. The article points out that, while the regulations have technically entered into effect, many of their provisions will not become applicable until a future date. For example, the requirement for each covered towing vessel to have a valid certificate of inspection (COI) will be phased in over the next six years.