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September 29th, 2014 at 11:25 am

Bryant’s Maritime Blog – 29 September 2014

Headlines:

White House – maritime transportation system championed;

Puerto Rico – investigations following collision;

Ohio River – collision results in two fatalities;

Jacksonville – report on bridge allision;

USCG – amendments to Title 46, CFR;

New York – security zones proposed;

DOJ – K-Line to plead guilty to price-fixing;

GAO – national freight transportation strategy;

EC – LNG as a marine fuel; and

Arctic Council – working group meeting.

September 29, 2014

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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

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. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. I’m just a visitor from the twentieth century.

White House – maritime transportation system championed

clip_image004 The Department of Transportation (DOT) issued a news release [found at http://www.transportation.gov/fastlane/port-virginia-prepares-future ] stating that Vice President Joe Biden at an event in Norfolk, Virginia highlighted the importance of the maritime transportation system to the nation’s economy. (9/26/14).

Puerto Rico – investigations following collision

clip_image006 The US Coast Guard issued a news release [found at http://www.uscgnews.com/go/doc/4007/2298506/ ] stating that on 23 September there was a collision between the USCGC Key Largo and the US Virgin Islands fishing vessel Sea Shepard in waters near Vieques Island, Puerto Rico. There were no injuries, but the fishing vessel was damaged and subsequently sank. Three investigations (one by the National Transportation Safety Board [NTSB] and two by the US Coast Guard) have commenced. (9/26/14).

Ohio River – collision results in two fatalities

clip_image007 The US Coast Guard issued a news release [found at http://www.uscgnews.com/go/doc/4007/2298902/ ] stating that a collision between a towboat and a pleasure craft on the Ohio River has resulted in two fatalities. The incident is under investigation. (9/26/14). Note: Unofficial reports indicate that the two deceased were FBI employees.

Jacksonville – report on bridge allision

clip_image008 The US Coast Guard issued its findings and recommendations [found at http://www.brymar-consulting.com/wp-content/uploads/Misc/Mathews_Bridge_Allision_130926.pdf ] regarding its investigation of the allision of the USNS 1st LT Harry L. Martin with the John Mathews Bridge on the St. Johns River in Jacksonville on 26 September 2013. At the time, the vessel was under tow from one facility in the Jacksonville area to another. As it passed under the fixed bridge, the stern ramp made contact with the bottom of the span. Investigation revealed that the air draft of the vessel was five feet greater than shown in the vessel’s records. Investigation also revealed that the air gap of the bridge was six feet lower than shown in the records of the bridge owner and the federal government. (9/26/14). Note: This item was brought to my attention by my good friend James McLaughlin of the Jacksonville Marine Transportation Exchange.

USCG – amendments to Title 46, CFR

clip_image009 The US Coast Guard promulgated a rule making non-substantive changes to Title 46, Code of Federal Regulations. The amendments come into effect immediately. 79 Fed. Reg. 58270 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-29/pdf/2014-21994.pdf ] (9/29/14).

New York – security zones proposed

clip_image008[1] The US Coast Guard proposes to convert the three regulated navigation areas (RNAs) for dignitary arrival/departure and United Nations meetings in New York to security zones. Comments on the proposal must be received by 29 October. 79 Fed. Reg. 58298 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-29/pdf/2014-23171.pdf ] (9/29/14).

DOJ – K-Line to plead guilty to price-fixing

clip_image011 The Department of Justice (DOJ) issued a news release [found at http://www.justice.gov/opa/pr/japanese-company-agrees-plead-guilty-price-fixing-ocean-shipping-services-cars-and-trucks ] stating that Kawasaki Kisen Kaisha Ltd (K-Line) has agreed to plead guilty and to pay a $67.7 million criminal fine for its involvement in a conspiracy to fix prices, allocate customers, and rig bids of international ocean shipping services for roll-on, roll-off cargo to and from the United States and elsewhere. K-Line has agreed to cooperate with the Department’s ongoing antitrust investigation. (9/26/14).

GAO – national freight transportation strategy

clip_image013 The Government Accountability Office (GAO) issued a report on the national freight transportation strategy. The report recommends that Congress should consider clarifying the purpose of the primary freight network and revise the current mileage limit requirements. It also recommends that the Department of Transportation (DOT) clarify the federal role for mitigating local freight-related congestion. GAO-14-740 [found at http://www.gao.gov/assets/670/665972.pdf ] (9/26/14).

EC – LNG as a marine fuel

clip_image015 The European Commission (EC) posted the remarks [found at http://europa.eu/rapid/press-release_SPEECH-14-626_en.htm?locale=en ] of Siim Kallas, VP of the EC responsible for transport, regarding projects to make liquefied natural gas (LNG) available for use as a marine fuel in Baltic Sea ports. (9/25/14).

Arctic Council – working group meeting

clip_image017 The Bureau of Safety and Environmental Enforcement (BSEE) issued a press release [found at http://www.bsee.gov/BSEE-Newsroom/BSEE-News-Briefs/2014/BSEE-Attends-Arctic-Council-Working-Group-Meeting-in-Canada/ ] stating that a meeting of the Arctic Council’s Protection of the Arctic Marine Environment (PAME) was recently held in Whitehorse, Canada. The working group addresses policy and non-emergency pollution prevention and control measures related to the protection of the Arctic marine environment from both land and sea activities. The US delegation included representatives from BSEE, the Bureau of Ocean Energy Management (BOEM), the National Oceanic and Atmospheric Administration (NOAA), and the US Coast Guard. (9/26/14).

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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 – September 2014

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September 26th, 2014 at 11:26 am

Bryant’s Maritime Blog – 26 September 2014

Headlines:

White House – Pacific Remote Islands Marine National Monument;

SHC – meeting 6 November;

SHC – meeting 12 November;

DOE – export of LNG;

ITC – termination of investigation;

USCG – Proceedings;

Court – no punitive damages under Jones Act or unseaworthiness;

EC – suing Spain over port security;

Panama Canal – Ebola measures;

Singapore – port health clearance procedures;

Sinking of SS Arctic – 27 September 1854; and

Anti-Flogging Act – 28 September 1850.

September 26, 2014

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

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. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. I’m just a visitor from the twentieth century.

White House – Pacific Remote Islands Marine National Monument

clip_image004 President Obama issued a Proclamation [found at http://www.whitehouse.gov/the-press-office/2014/09/25/presidential-proclamation-pacific-remote-islands-marine-national-monumen ] expanding the Pacific Remote Islands Marine National Monument in waters of the Central Pacific Ocean around Wake, Baker, Howland, and Jarvis Islands, Johnston and Palmyra Atolls, and Kingman Reef to 370,000 square nautical miles (the full extent of the exclusive economic zones around these locations). (9/25/14).

SHC – meeting 6 November

clip_image006 The Shipping Coordinating Committee (SHC), sponsored by the Department of State (DOS), will meet on 6 November in Washington, DC to prepare for the upcoming session of the IMO Council (C 113). Topics on the agenda include the Voluntary IMO Member State Audit Scheme and protection of vital shipping lanes. 79 Fed. Reg. 58024 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-26/pdf/2014-23007.pdf ] (9/26/14).

SHC – meeting 12 November

clip_image006[1] The Shipping Coordinating Committee (SHC), sponsored by the Department of State (DOS), will meet on 12 November in Washington, DC to prepare for the upcoming session of the IMO Maritime Safety Committee (MSC 94). Topics on the agenda include maritime security; goal-based ship construction standards; and passenger ship safety. 79 Fed. Reg. 58025 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-26/pdf/2014-22999.pdf ] (9/26/14).

DOE – export of LNG

clip_image008 The Department of Energy (DOE) issued a notice stating that it received an application from Louisiana LNG Energy LLC for authorization to export liquefied natural gas (LNG) from a proposed LNG liquefaction plant to be located near mile marker 46 on the Lower Mississippi River. Comments on the application must be received by 25 November. 79 Fed. Reg. 57896 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-26/pdf/2014-22886.pdf ] (9/26/14).

ITC – termination of investigation

clip_image010 The International Trade Commission (ITC) issued a notice stating that it has determined not to review the presiding administrative law judge (ALJ) determination granting an unopposed motion to terminate the investigation regarding certain navigation products as to remaining respondent Raymarine UK Ltd and Raymarine, Inc. based upon settlement. 79 Fed. Reg. 57976 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-26/pdf/2014-22901.pdf ] (9/26/14).

USCG – Proceedings

clip_image012 The US Coast Guard posted the Fall 2014 edition of the Proceedings of the Marine Safety & Security Council [found at http://www.uscg.mil/proceedings/ ]. The theme of this edition is the USCG Western Hemisphere: combating networks; securing borders; and safeguarding commerce. (9/25/14).

Court – no punitive damages under Jones Act or unseaworthiness

clip_image014 In an en banc decision, the US Court of Appeals for the Fifth Circuit ruled that seamen may not recover punitive damages under either the Jones Act or for unseaworthiness claims brought under general maritime law. In the instant case, one seaman died and three others were injured in an incident that occurred on board a drill barge operating in Louisiana waters. In addition to seeking recovery of pecuniary losses, plaintiffs sought recovery of punitive damages. Defendant barge owner moved for dismissal of the punitive damages claims. The district court granted the motion, but a panel of the Fifth Circuit reversed the decision. A motion for rehearing en banc was approved. The court held that the Supreme Court 1990 decision denying punitive damages in such cases is controlling. McBride v. Estis Well Service, LLC [found at http://www.ca5.uscourts.gov/opinions/pub/12/12-30714-CV2.pdf ], No. 12-30714 (5th Cir., September 25, 2014). Note: This item was brought to my attention by my good friend Keith Heard of Burke & Parsons.

EC – suing Spain over port security

clip_image016 clip_image018 The European Commission (EC) issued a press release [found at http://europa.eu/rapid/press-release_IP-14-1039_en.htm?locale=en ] stating that it is taking action against Spain before the Court of Justice of the European Union because 20 Spanish ports have yet to adopt and implement the port security plan. (9/25/14).

Panama Canal – Ebola measures

clip_image020 The Panama Canal Authority (ACP) issued an advisory stating that certain measures have been instituted to reduce the risk of Ebola Virus Disease. Any vessel arriving in Canal waters whose ten previous port calls included an Ebola affected country will be evaluated. If Ebola is diagnosed, the vessel will be placed in quarantine. All vessels arriving in Canal waters must report any suspicious or confirmed Ebola case. Advisory 22-2014 [found at http://www.pancanal.com/common/maritime/advisories/2014/a-22-2014.pdf ] (9/23/14).

Singapore – port health clearance procedures

clip_image022 The Singapore Maritime and Port Authority (MPA) issued a circular updating the port health clearance procedures for vessels arriving Singapore. Circular 11-2014 [found at http://www.mpa.gov.sg/sites/circulars_and_notices/pdfs/port_marine_circulars/pc14-11.pdf ] (9/25/14).

Sinking of SS Arctic – 27 September 1854

clip_image024 The SS Arctic was the pride of the American merchant marine when launched in 1852. It was a 3,000 ton wooden-hull paddle-wheel steamer capable of carrying 280 passengers. It also carried a modest amount of cargo. Owned and operated by the Collins Line on New York, it had a lucrative US Government contract to carry US mail to and from Britain. The Arctic held the record for the fastest eastbound crossing of the Atlantic. It departed Liverpool on 20 September 1854, bound for New York. Among its passengers were members of the Collins family and the family of James Brown, one of the principal financiers of the Collins Line, as well as the son of the master, James Luce. As the Arctic approached the Grand Banks on 27 September, it entered a thick fog. Lookouts spotted the steamship Vesta on a collision course. Alarm was sounded, but it was too late. The collision did significant damage to both ships, which quickly lost sight of each other in the fog. While the Vesta was smaller (only 250 tons), it had an iron hull. The Vesta survived. The Arctic started sinking soon after the collision. While the Arctic carried a number of lifeboats, the crew panicked during attempts to launch them. Despite efforts of the master, many crewmembers abandoned the passengers in their hurry to flee the sinking ship. The master stayed with the ship, but when it sank, he ended up on a piece of wreckage and survived. Most of the crew survived, picked up the next day by a passing vessel. Most of the passengers, including all of the women and children died. A dark day in maritime history.

Anti-Flogging Act – 28 September 1850

clip_image026 An Act making Appropriations for the Naval Service was enacted into law on 28 September 1850. In its time, it was better known as the Anti-Flogging Act [found at http://www.brymar-consulting.com/wp-content/uploads/Misc/Flogging_Act_1850.pdf ] because included within its various financial provisions was the following: “Provided, That flogging in the navy, and on board vessels of commerce, be, and the same is hereby, abolished from and after the passage of this act.”

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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 – September 2014

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September 25th, 2014 at 10:57 am

Bryant’s Maritime Blog – 25 September 2014

Headlines:

DOJ – chassis use agreement;

BSEE & USCG – MOA re fixed OCS facilities;

Baltimore – port congestion forum;

Charleston – international supply chain efficiency forum;

FERC – Freeport LNG;

Exxon Valdez Oil Spill Public Advisory Committee – meeting;

USCG – oil record book;

IMO – World Maritime Day;

Australia – serious injury during line handling;

UK – barge operator fined; and

SM1c Douglas A. Munro, USCG – died 27 September 1942.

September 25, 2014

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

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. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. I’m just a visitor from the twentieth century.

DOJ – chassis use agreement

clip_image004 The Department of Justice (DOJ) issued a news release [found at http://www.justice.gov/opa/pr/department-justice-will-not-challenge-proposed-chassis-use-agreement ] stating that it will not challenge a proposal by Flexi-Van Leasing Inc. and Direct ChassisLink Inc. to enter into a Chassis Use Agreement at the ports of Los Angeles and Long Beach. (9/23/14).

BSEE & USCG – MOA re fixed OCS facilities

clip_image006 clip_image008 The Bureau of Safety and Environmental Enforcement (BSEE) issued a press release [found at http://www.bsee.gov/BSEE-Newsroom/BSEE-News-Briefs/2014/BSEE-and-Coast-Guard-Sign-Memorandum-of-Agreement-for-Regulating-Fixed-Outer-Continental-Shelf-Facilities/ ] stating that a Memorandum of Agreement [found at http://www.bsee.gov/uploadedFiles/BSEE/Newsroom/Publications_Library/MOA-OCS-09Signed19Sep2014.pdf ] has been signed with the US Coast Guard for regulating fixed outer continental shelf (OCS) facilities. (9/19/14).

Baltimore – port congestion forum

clip_image010 The Federal Maritime Commission (FMC) issued a news release [found at http://www.fmc.gov/public-forum-baltimore-Oct2014/ ] stating that FMC Commissioners William Doyle and Richard Lidinsky will host a port congestion forum in Baltimore on 1 October. (9/23/14).

Charleston – international supply chain efficiency forum

clip_image011 The Federal Maritime Commission (FMC) issued a news release [found at http://www.fmc.gov/public-forum-S-atlantic-2014/ ] stating that FMC Commissioner Michael Khouri will host an international supply chain efficiency forum in Charleston on 30 October. (9/24/14).

FERC – Freeport LNG

clip_image013 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it has prepared a final General Conformity Determination (GCD) for the Freeport LNG Liquefaction and Phase II Modification Projects. 79 Fed. Reg. 57549 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-25/pdf/2014-22799.pdf ] (9/25/14).

Exxon Valdez Oil Spill Public Advisory Committee – meeting

clip_image015 The Exxon Valdez Oil Spill Public Advisory Committee, sponsored by the Department of the Interior (DOI), will meet on 16 October in Anchorage. The agenda includes a discussion of the Annual Work Plan. 79 Fed. Reg. 57566 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-25/pdf/2014-22844.pdf ] (9/25/14).

USCG – Oil Record Book

clip_image016 The US Coast Guard is revising its Oil Record Book (ORB) to conform to the latest MARPOL Annex I amendments. It has posted a draft ORB [found at http://www.regulations.gov/#!documentDetail;D=USCG-2010-0194-0015 ], but this version has not been finalized. In the meantime, the Coast Guard has issued a letter [found at http://www.uscg.mil/hq/cgcvc/cvc/marpol/sdoc/Serial_756-Continued_use_of_the_2007_Oil_Record_Book-CG-4602A-Rev_01-07.pdf ] to vessel masters and chief engineers regarding the continued use of the 2007 ORB. Additional guidance may be found in MEPC.1/Circ.736/Rev.2 [found at http://www.uscg.mil/hq/cgcvc/cvc/marpol/sdoc/MEPC_1_Circ_736_rev_2.pdf ]. (9/24/14).

IMO – World Maritime Day

clip_image018 The Australian Maritime Safety Authority (AMSA) issued a media release [found at http://www.amsa.gov.au/media/documents/24092014_MediaRelease_WorldMaritimeDay2014_000.pdf ] stating that this week across the globe World Maritime Day 2014 will be marked by celebrations of the theme “IMO Conventions: Effective Implementation”. (9/24/14).

Australia – serious injury during line handling

clip_image020 The Australian Transport Safety Bureau (ATSB) issued the report of its investigation of the serious injury to a crew member on board the bulk carrier Julia N in Port Hedland on 28 June 2014. As the ship was being maneuvered to its berth, the towline to the aft tug was being retrieved by the tug. Two seamen and the second officer were on the aft mooring team. The right leg of one of the seamen became entangled in the messenger line as it was being retrieved. When the line came under tension, his right foot was severed. MO-2014-005 [found at http://www.atsb.gov.au/media/5153110/mo-2014-005_final.pdf ] (9/24/14).

UK – barge operator fined

clip_image022 The UK Maritime and Coastguard Agency (MCA) issued a news release [found at https://www.gov.uk/government/news/barge-operator-fined-for-releasing-dangerous-gas ] stating that a barge operator was assessed almost £111,000 in fines and costs after dangerous amounts of sulphur dioxide gas were released from the vessel in Portsmouth. While waste products were being collected from naval vessels, the crew noted the distinctive rotten egg odor of the gas. A crew member used a personal gas detector, which registered levels well above prescribed danger limits. The operations manager decided that the monitoring device was probably malfunctioning and directed that work continue. When the crew started to feel unwell, the operation was halted and the crew evacuated. (9/23/14).

SM1c Douglas A. Munro, USCG – died 27 September 1942

clip_image024 SM1c Douglas A. Munro, USCG, died on 27 September 1942 during the Battle for Guadalcanal when he maneuvered his landing craft into the line of fire so as to protect a group of evacuating Marines. He was posthumously awarded the Congressional Medal of Honor. He is buried at the Laurel Hill Memorial Park Cemetery in Cle Elum, Washington, his hometown. The US Coast Guard and the US Marine Corps conduct a joint ceremony there each year in commemoration of his sacrifice.

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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 – September 2014

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September 24th, 2014 at 10:48 am

Bryant’s Maritime Blog – 24 September 2014

Headlines:

USCG, USACE & NOAA – 21st Century/Future of Navigation;

MARAD – awards for Cape Ray crew and manager;

DHS OIG – review of USCG mission performance;

NOAA – IOOS Advisory Committee members sought;

House – bill introduced re incidental discharges; and

Court – unconscionable arbitration clause unenforceable.

September 24, 2014

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

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. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. I’m just a visitor from the twentieth century.

USCG, USACE & NOAA – 21st Century/Future of Navigation

clip_image004 clip_image006 clip_image008 The US Coast Guard issued a notice [found at http://www.navcen.uscg.gov/pdf/Future_of_Navigation_Feedback.pdf ] stating that it, the US Army Corps of Engineers (USACE), and the National Oceanic and Atmospheric Administration (NOAA) are seeking feedback on the 21st Century / Future of Navigation initiative. (9/23/14).

MARAD – awards for Cape Ray crew and manager

clip_image010 The Maritime Administration (MARAD) issued a news release [found at http://www.marad.dot.gov/news_room_landing_page/news_releases_summary/news_release/PortsmouthVessel_news_release.htm ] stating that Merchant Marine Medals for Outstanding Achievement were presented to the officers and crew of the MV Cape Ray and the Professional Ship Award was presented to the vessel’s manager. The MV Cape Ray was mobilized from the Ready Reserve Fleet to serve as a platform for the destruction of Syrian chemical weapons. (9/19/14).

DHS OIG – review of USCG mission performance

clip_image012 The Department of Homeland Security (DHS) Office of Inspector General (OIG) issued its annual review of the Coast Guard’s mission performance. The report states that during fiscal year 2013, the Coast Guard dedicated about the same percentage of resource hours to homeland security missions as it did to its non-homeland security missions. The Coast Guard met or exceeded 15 of its 23 summary performance measure targets. OIG-14-140 [found at http://www.oig.dhs.gov/assets/Mgmt/2014/OIG_14-140_Sep14.pdf ] (9/19/14).

NOAA – IOOS Advisory Committee members sought

clip_image013 The National Oceanic and Atmospheric Administration (NOAA) issued a notice stating that it seeks applications for membership on the US Integrated Ocean Observing System (IOOS) Advisory Committee. Applications should be received by 24 November. 79 Fed. Reg. 57051 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-24/pdf/2014-22697.pdf ] (9/24/14).

House – bill introduced re incidental discharges

clip_image015 Representative Hunter (R-CA) introduced a bill (H.R. 5609) to provide for the establishment of nationally uniform and environmentally sound standards governing discharges incidental to the normal operation of a vessel. Official text of the bill is not yet available. (9/18/14).

Court – unconscionable arbitration clause unenforceable

clip_image017 Over a vigorous dissent, the majority of a panel of the US Court of Appeals for the Ninth Circuit affirmed the denial of a motion by defendant ocean common carrier to compel arbitration. Plaintiff ocean transportation intermediary (OTI) sued defendant ocean common carrier. The carriage contract at issue included an arbitration clause, which defendant carrier sought to enforce. While acknowledging that the Federal Arbitration Act preempts contrary state law, the majority ruled that the arbitration clause was unconscionable under state law, making the clause unenforceable. Elite Logistics v. Hanjin Shipping [found at http://cdn.ca9.uscourts.gov/datastore/memoranda/2014/09/19/12-56238.pdf ], No. 12-56238 (9th Cir., September 19, 2014).

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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 – September 2014

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September 23rd, 2014 at 11:19 am

Bryant’s Maritime Blog – 23 September 2014

Headlines:

DOT – Title XI loan guarantee;

USCG – US to join ReCAAP;

USCG – Center for Arctic Study & Policy;

CMTS – update;

GAO – USACE backlog list;

Court – MODU as a stationary source;

Court – liability for yacht transportation costs;

Washington – Safety Systems Manager sought;

Riyadh MOU – CIC re fire safety;

Australia – grounding due to helm error; and

USCG – PFD labeling & standards.

September 23, 2014

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

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. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. I’m just a visitor from the twentieth century.

DOT – Title XI loan guarantee

clip_image004 The Department of Transportation (DOT) issued a news release [found at http://www.dot.gov/briefing-room/us-department-transportation-approves-3246-million-title-xi-loan-guarantee ] stating that a $324.6 million Title XI loan guarantee has been approved for TOTE Shipholdings to finance the construction of two container ships that will utilize liquefied natural gas (LNG) as propulsion fuel. The ships will be constructed at National Steel & Shipbuilding Company in San Diego and will operate between Jacksonville and San Juan. (9/22/14).

USCG – US to join ReCAAP

clip_image006 The US Coast Guard issued a news release [found at http://www.uscgnews.com/go/doc/4007/2295950/ ] stating that the United States will become the 20th nation to join the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) on 23 September. RDML Paul Thomas, USCG, the Assistant Commandant for Prevention Policy, will represent the United States as a governor on the ReCAAP Council. (9/22/14).

USCG – Center for Arctic Study and Policy

clip_image006[1] The US Coast Guard officially opened the Center for Arctic Study and Policy [found at http://mariners.coastguard.dodlive.mil/2014/09/19/a-transforming-arctic-a-center-for-partnerships/ ] located on the grounds of the US Coast Guard Academy in New London. (9/19/14).

CMTS – update

clip_image008 The US Committee on the Marine Transportation System (CMTS) [found at http://www.cmts.gov/ ] has revised a "Fact Sheet" that provides common facts, figures and citations regarding the MTS. The CMTS has also updated the list of MTS-related Federal Advisory Committees (FACs), including the committee managers or "Designated Federal Officers" (DFOs). There are currently 39 FACs that directly or indirectly make recommendations impacting the MTS under the Departments of Defense, Commerce, Transportation, Homeland Security, and others. The CMTS hosted a Federal meeting on August 5, 2014 of MTS-related advisory committee DFOs, the goal of which was to better understand where these FACs were addressing similar MTS issues.

GAO – USACE backlog list

clip_image010 The Government Accountability Office (GAO) issued its report on the backlog list of authorized water resources construction projects maintained by the US Army Corps of Engineers (USACE). It found that the list is incomplete and recommends that the USACE take steps to identify all projects and studies eligible for deauthorization. GAO-14-699 [found at http://www.gao.gov/assets/670/665393.pdf ] (9/22/14).

Court – MODU as a stationary source

clip_image012 Over a vigorous dissent, a panel of the US Court of Appeals for the Fifth Circuit ruled that the US Chemical Safety and Hazard Investigation Board has jurisdiction to investigate the release of hazardous substances into the ambient air during the April 20, 2010 blowout, explosion, and fire on the mobile offshore drilling unit (MODU) Deepwater Horizon in the Gulf of Mexico. Defendant MODU owner argued that the MODU was a vessel and thus outside the jurisdiction of the Board, which was limited to emissions from stationary sources. The court found that the statute establishing the Board included its own definition of “stationary source”. The MODU Deepwater Horizon fell within that definition while it was engaged in drilling the Macondo well. United States v. Transocean Deepwater Drilling [found at http://www.ca5.uscourts.gov/opinions/pub/13/13-20243-CV0.pdf ], No. 13-20243 (5th Cir.

Court – liability for yacht transportation costs

clip_image014 In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit ruled that a yacht owner is not liable for the additional costs incurred by a third party in the overland transportation of his yacht when he had no knowledge of or contract with that third party. Defendant yacht owner contracted with a company to transport his newly acquired yacht overland from Missouri to Fort Lauderdale. Unbeknownst to the owner, the transportation company subcontracted to plaintiff company for the actual transportation. The transportation costs were significantly higher than the amount defendant owner had agreed to pay. Plaintiff sued, asserting a maritime lien on the yacht. The court held that the company hired by defendant owner had no actual or apparent authority to bind the owner or to authorize a lien on the yacht. D&M Carriers v. MV Thor Spirit [found at http://media.ca11.uscourts.gov/opinions/unpub/files/201313280.pdf ], No. 13-13280 (11th Cir.

Washington – Safety Systems Manager sought

clip_image016 The Washington Department of Transportation issued an announcement [found at http://agency.governmentjobs.com/wdot/job_bulletin.cfm?JobID=956887 ] stating that it is seeking qualified applicants for the position of Safety Systems Manager/Designated Person for the Washington State Ferries. (9/22/14).

Riyadh MOU – CIC re fire safety

clip_image018 The US Coast Guard posted a notice stating that the Riyadh Port State Control (PSC) regimes will launch a joint concentrated inspection campaign (CIC) for ensuring compliance with SOLAS Chapter II-1 and the International Code for Fire Safety Systems (FSS Code) during the period from 1 October through 31 December. MSIB 15-14 [found at http://www.uscg.mil/msib/docs/015_14_9-19-2014.pdf ] (9/19/14).

Australia – grounding due to helm error

clip_image020 The Australian Transport Safety Bureau (ATSB) issued the report of its investigation of the grounding of the general cargo ship Bosphorus in the Brisbane River on 29 October 2013. The grounding resulted from the helmsman unintentionally putting the helm the wrong way. By the time that the pilot realized the error it was too late to prevent the grounding in the narrow waterway. MO-2013-011 [found at http://www.atsb.gov.au/media/5151846/mo-2013-011_final.pdf ] (9/22/14).

USCG – PFD labeling & standards

clip_image021 The US Coast Guard promulgated a rule removing requirements for type codes for the labeling of personal floatation devices (PFDs). The rule comes into effect on 22 October. 79 Fed. Reg. 56491 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-22/pdf/2014-22373.pdf ] (9/22/14). Note: Contrary to the implication of yesterday’s newsletter, a PDF is seldom a lifesaving device. Mea culpa.

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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 – September 2014

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September 22nd, 2014 at 11:50 am

Bryant’s Maritime Blog – 22 September 2014

Headlines:

FMC – meeting 25 September;

USCG – PDF labeling & standards;

USACE – Lower St. Anthony Falls;

Beaufort & Chukchi Seas – NPDES permit;

FMC – OTI licensing activity;

FMC – dismissal of actions;

USCG – mass loaded vinyl; and

UK – seafarer training standards.

September 22, 2014

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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

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. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. I’m just a visitor from the twentieth century.

FMC – meeting 25 September

clip_image004 The Federal Maritime Commission (FMC) will meet in open session in Washington, DC on 25 September. Topics on the agenda include: report on the 15 September Forum on the Causes & Implications of US Port Congestion; publication of ocean transportation intermediary (OTI) licensing activity; and amendments to OTI regulations. 79 Fed. Reg. 56585 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-22/pdf/2014-22565.pdf ] (9/22/14).

USCG – PDF labeling & standards

clip_image006 The US Coast Guard promulgated a rule removing requirements for type codes for the labeling of personal floatation devices (PDFs). The rule comes into effect on 22 October. 79 Fed. Reg. 56491 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-22/pdf/2014-22373.pdf ] (9/22/14).

USACE – Lower St. Anthony Falls

clip_image008 The US Army Corps of Engineers (USACE) proposes to reduce the hours of operation of the Lower St. Anthony Falls Lock & Dam 1 from 19 hours per day to 10 hours per day. Comments on the proposal should be submitted by 22 October. 79 Fed. Reg. 56575 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-22/pdf/2014-22415.pdf ] (9/22/14).

Beaufort & Chukchi Seas – NPDES permit

clip_image010 The Environmental Protection Agency (EPA) is extending, through 30 September, the period within which to submit comments on the National Pollutant Discharge Elimination System (NPDES) general permit for oil and gas surveying in federal waters of the Beaufort & Chukchi Seas. 79 Fed. Reg. 56577 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-22/pdf/2014-22475.pdf ] (9/22/14).

FMC – OTI licensing activity

clip_image011 The Federal Maritime Commission (FMC) issued a notice confirming that its direct final rule regarding procedures for public notification of ocean transportation intermediary (OTI) licensing activities entered into effect on 22 September. 79 Fed. Reg. 56522 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-22/pdf/2014-22426.pdf ] (9/22/14).

FMC – dismissals of actions

clip_image011[1] The Federal Maritime Commission (FMC) proposes to amend its regulations relating to the rules of practice and procedure for dismissal of actions. Comments on the proposal should be submitted by 22 October. 79 Fed. Reg. 56546 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-22/pdf/2014-22427.pdf ] (9/22/14).

USCG – mass loaded vinyl

clip_image012 The US Coast Guard issued a Marine Safety Information Bulletin stating that there may be instances of unapproved use of mass loaded vinyl (MLV) sound dampening products on US inspected vessels. Bulkhead, deck, and overhead materials on such vessels must meet applicable fire protection standards (FTP Code for international voyages and USCG regulations for domestic voyages). Cognizant OCMIs should be notified of instances of non-compliance so that a course of action can be determined. MSIB 16-14 [found at http://www.uscg.mil/msib/docs/016_14_9-19-2014.pdf ] (9/19/14).

UK – seafarer training standards

clip_image014 The UK Maritime and Coastguard Agency (MCA) opened a consultation [found at https://www.gov.uk/government/consultations/updating-uk-seafarer-training-standards ] on updating UK seafarer training standards to implement the Manila Amendments to the STCW Convention. Comments on the proposals must be received by 31 October. (9/19/14).

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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 – September 2014

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September 19th, 2014 at 10:56 am

Bryant’s Maritime Blog – 19 September 2014

Headlines:

COAC – meeting;

NTSB – capsizing of towboat;

USCG – Global Maritime Environmental Congress;

House – bill introduced re Coast Guard JROTP;

IMO – draft IGF Code; and

UK – collision in Dover Strait TSS.

September 19, 2014

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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

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. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. I’m just a visitor from the twentieth century.

COAC – meeting

clip_image006 The Advisory Committee on Commercial Operations of the Customs and Border Protection (COAC), sponsored by the US Customs and Border Protection (CBP), will meet in Washington, DC on 7 October. 79 Fed. Reg. 56385 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-19/pdf/2014-22349.pdf ] (9/19/14).

NTSB – capsizing of towboat

clip_image016The National Transportation Safety Board (NTSB) issued a Marine Accident Brief following its investigation of the capsizing of the uninspected towboat Megan McB at Lock and Dam 7 on the Mississippi River on 3 July 2013 with the loss of one life. It was determined that the probable cause of the capsizing of towing vessel Megan McB was the replacement pilot’s unfamiliarity with the vessel’s electronic engine control throttles, which resulted in his inability to avoid gate no. 1 of Lock and Dam 7. Contributing to the capsizing was Brennan Marine’s lack of effective procedures to ensure that the Megan McB was operated by a replacement pilot familiar with the electronic engine control throttles, which were unique to this one vessel in the company fleet. MAB 14-17 [found at http://www.ntsb.gov/doclib/reports/2014/MAB1417.pdfhttp://www.ntsb.gov/doclib/reports/2014/MAB1417.pdf ] (9/18/14). Note: The term “pilot” in this context refers to the mate on a towing vessel.

USCG – Global Maritime Environmental Congress

clip_image004 Commander Ryan Allain, USCG, gave a presentation [found at http://mariners.coastguard.dodlive.mil/2014/09/18/9182014-global-maritime-environmental-congress-coast-guard-remarks/http://mariners.coastguard.dodlive.mil/2014/09/18/9182014-global-maritime-environmental-congress-coast-guard-remarks/ ] at the Global Maritime Environmental Congress in Hamburg providing an overview of environmental compliance examinations; ship efficiency; and liquefied natural gas (LNG) and natural gas as marine fuels. (9/17/14).

House – bill introduced re Coast Guard JROTP

clip_image008 Representative Jolly (R-FL) introduced a bill (H.R. 5493) to amend the Coast Guard Authorization Act of 1989 to expand the Coast Guard Junior Reserve Officers Training Program Pilot Program to include a Coast Guard unit at Pinellas Park High School in Pinellas Park, Florida, and for other purposes. Official text of the bill is not yet available. (9/16/14).

IMO – draft IGF Code

clip_image008 The US Coast Guard posted the draft International Code for the Safety of Ships Using Gases or Other Low-Flashpoint Fuels (IGF Code) [found at http://www.uscg.mil/hq/cg5/cg521/docs/CCC%201-WP.3%20-%20Report%20of%20the%20working%20group%20(Working%20Group).pdf ] including proposed SOLAS amendments. The draft IGF Code was approved by a recent session of the IMO Subcommittee on Carriage of Cargos and Containers and now goes for consideration to the IMO Marine Safety Committee (MSC) for consideration. (9/18/14).

UK – collision in Dover Strait TSS

clip_image032 The UK Marine Accident Investigation Branch (MAIB) issued the report of its investigation of the collision between the general cargo vessel Paula C and the bulk carrier Darya Gayatri in the southwest lane of the Dover Strait Traffic Separation Scheme on 11 December 2013. While avoiding a fishing vessel, an inexperienced watch officer on the Paula C lost situation awareness and did not make effective use of either radar or AIS. The collision resulted. Report 25-14 [found at http://www.maib.gov.uk/cms_resources.cfm?file=/PaulaC_DaryaGayatri.pdf ] (9/18/14). Note: UK stands for UNITED KINGDOM.

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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 – September 2014

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September 18th, 2014 at 12:21 am

Bryant’s Maritime Blog – 17 September 2014

Headlines:

USCG – correction;

DOE – application to export LNG;

House – bill introduced re 100% scanning; and

USCG – S&R decision – correction.

September 17, 2014

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

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. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. I’m just a visitor from the twentieth century.

USCG – correction

clip_image004 The US Coast Guard issued a correction to its recent rule relating to implementation of amendments to the STCW Convention and changes to national endorsements to change two provisions that were causing inconsistencies in interpretation. The correction enters into effect immediately. 79 Fed. Reg. 55657 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-17/pdf/2014-22064.pdf ] (9/17/14).

DOE – application to export LNG

clip_image006 The Department of Energy (DOE) issued a notice stating that it received an application from Alaska LNG Project LLC for authorization to export liquefied natural gas (LNG) from a facility to be constructed in Nikiski. Comments on the application must be received by 17 November. 79 Fed. Reg. 55764 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-17/pdf/2014-22226.pdf ] (9/17/14).

House – bill introduced re 100% scanning

clip_image008 Representative Hahn (D-CA) introduced the Scan Containers Absolutely Now Act or SCAN Act (H.R. 5455) [found at http://www.gpo.gov/fdsys/pkg/BILLS-113hr5455ih/pdf/BILLS-113hr5455ih.pdf ] to amend the Security and Accountability For Every Port Act of 2006 (“SAFE Port Act”) to administer a pilot program for 100 percent scanning of cargo containers at domestic ports, and for other purposes. Representative Hahn issued a press release [found at http://hahn.house.gov/press-release/congresswoman-hahn-introduces-legislation-increase-security-terrorist-attack-us-ports ] explaining the measure. (9/11/14). Note: I disapprove of the invention of a contrived name for legislation just so that the abbreviation is snappy.

USCG – S&R decision – correction

clip_image004[1] In a USCG suspension and revocation case, a Decision & Order [found at http://www.uscg.mil/alj/decisions/2014/SR-2014-14_Hopper.pdf ] was issued by an administrative law judge (ALJ) that a charge of wrongful use of a controlled substance was not proved against the mariner because the Coast Guard could not prove by a preponderance of the evidence (not “beyond a reasonable doubt” as I stated yesterday) that the mariner was randomly selected for a drug test by the marine employer. The marine employer used a consortium to conduct the random selection. The consortium relied on a Visual Basic program to make the selection, but was unable to demonstrate how the software actually generated random numbers. (9/10/14). Mea culpa!

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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 – September 2014

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September 18th, 2014 at 12:19 am

Bryant’s Maritime Blog – 16 September 2014

Headlines:

USCG – S&R decision;

Buzzards Bay – jelly fish;

GAO – critical infrastructure vulnerability assessments;

IMO – subcommittee approval of IGF Code;

ReCAAP – August report;

Canada – Franklin Expedition ship found;

Canada – marine pilots;

New Zealand – coastal navigation safety review;

Panama Canal – third shipment of lock gates; and

UK – ECDIS-induced grounding.

September 16, 2014

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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

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. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. I’m just a visitor from the twentieth century.

USCG – S&R decision

clip_image004 In a USCG suspension and revocation case, a Decision & Order [found at http://www.uscg.mil/alj/decisions/2014/SR-2014-14_Hopper.pdf ] was issued by an administrative law judge (ALJ) that a charge of wrongful use of a controlled substance was not proved against the mariner because the Coast Guard could not prove beyond a reasonable doubt that the mariner was randomly selected for a drug test by the marine employer. The marine employer used a consortium to conduct the random selection. The consortium relied on a Visual Basic program to make the selection, but was unable to demonstrate how the software actually generated random numbers. (9/10/14).

Buzzards Bay – jelly fish

clip_image004[1] The US Coast Guard issued a news release [found at http://www.uscgnews.com/go/doc/4007/2242262/ ] stating that an oil spill reported in Buzzards Bay turned out, on closer examination, to be a large concentration of jelly fish. (9/13/14).

GAO – critical infrastructure vulnerability assessments

clip_image006 The Government Accountability Office issued a report on vulnerability assessments of critical infrastructure. Among other things, it found that the Coast Guard has implemented the most robust vulnerability assessment program within the Department of Homeland Security (DHS), but that coordination of assessments among the various DHS components was lacking and that cybersecurity issues were seldom included in the assessments GAO-14-507 [found at http://www.gao.gov/assets/670/665788.pdf ] (9/15/14).

IMO – subcommittee approval of IGF Code

clip_image008 The Danish Maritime Authority (DMA) issued a news release [found at http://www.dma.dk/news/Sider/Largesteptakentowardsrulesonmoreenvironmentallyfriendlyfuels.aspx ] stating that the recent session of the IMO Subcommittee on the Carriage of Cargoes and Containers (CCC 1) agreed on the Code for the Safety of Ships Using Gases or Other Low Flash-Point Fuels (IGF Code). The draft IGF Code now goes to the Maritime Safety Committee (MSC) for consideration. (9/15/14).

ReCAAP – August report

clip_image010 The ReCAAP Information Sharing Centre posted its August report [found at http://www.recaap.org/Portals/0/docs/Reports/2014/ReCAAP%20ISC%20August%202014%20Report.pdf ] stating that the number of reported incidents of piracy and robbery against ships in Asian waters continues to decline. The majority of incidents involved petty theft, but there was one significant incident involving the siphoning of oil from a pirated tanker. (9/12/14).

Canada – Franklin Expedition ship found

clip_image012 Canadian Prime Minister Stephen Harper issued a news release [found at http://www.pm.gc.ca/eng/news/2014/09/09/statement-prime-minister-canada-announcing-discovery-one-ill-fated-franklin ] announcing the discovery of one of the ships of the ill-fated Franklin Expedition. The HMS Erebus and the HMS Terror, along with their entire crews, were lost in 1846. The goal of the expedition was to discover the Northwest Passage between the Atlantic and the Pacific through the islands north of North America. The sunken wreck was found by Canada’s Victoria Strait Expedition. (9/9/14).

Canada – marine pilots

clip_image013 Transport Canada issued a news release [found at http://news.gc.ca/web/article-en.do?mthd=tp&crtr.page=10&nid=883059&crtr.tp1D=1 ] recognizing the key role of marine pilots in maintaining high levels of marine safety and is supporting the economy. (9/10/14).

New Zealand – coastal navigation safety review

clip_image015 Maritime New Zealand issued a notice [found at http://www.maritimenz.govt.nz/Consultation/Coastal-navigation/default.asp ] stating that it is undertaking a review of coastal navigation safety of waters up to twelve nautical miles offshore. Comments should be submitted by 31 March 2015.

Panama Canal – third shipment of lock gates

clip_image017 The Panama Canal Authority (ACP) issued a press release [found at http://www.pancanal.com/eng/pr/press-releases/2014/09/08/pr523.html ] stating that the third shipment of lock gates for the Canal Expansion Project has arrived. Only one shipment remains. The project is now 79% complete. (9/8/14).

UK – ECDIS-induced grounding

clip_image019 The UK Marine Accident Investigation Branch (MAIB) posted the report of its investigation of the grounding of the chemical tanker Ovit on the Varne Bank in the Dover Strait on 18 September 2013. The investigation revealed that the vessel navigated primarily through use of its electronic chart display and information system (ECDIS). The passage plan, as prepared by an inexperienced and unsupervised junior officer passed directly over the charted bank. The officer of the watch has such poor situational awareness that 19 minutes passed before he was aware that the vessel had grounded. Report 24-2014 [found at http://www.maib.gov.uk/cms_resources.cfm?file=/OvitReport.pdf ] (9/12/14). Note: One could argue that this grounding was pre-planned, and very well done in that regard. The ECDIS worked perfectly!

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
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USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

© Dennis L. Bryant – September 2014

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September 18th, 2014 at 12:16 am

Bryant’s Maritime Blog – 15 September 2014

Headlines:

EPA – Small Vessel General Permit (sVGP);

USCG – lifesaving devices;

Chicago Sanitary & Ship Canal – safety zone;

USCG – conditions of entry re Cambodia;

Tampa Bay – safety and security zones;

OFAC – sanctions re Iran – update;

OFAC – sanctions re Iran;

Great Lakes – dry cargo residue discharges;

NOAA – coral;

IOOS – meeting;

OFAC – Ukraine-related sanctions;

USCG – air draft;

USCG – Port State Control report;

USCG – NVMC picklist updates;

NTSB – Safer Seas 2013;

DOE – LNG exports approved;

Charleston – TIGER grant for Wando Wharf;

House – resolution re South & East China Sea disputes;

House – bill introduced re NOAA Officer Corps; and

House – bill introduced re 100% scanning.

September 15, 2014

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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

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. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. I’m just a visitor from the twentieth century.

EPA – Small Vessel General Permit (sVGP)

clip_image004 The Environmental Protection Agency (EPA) issued a notice stating that the National Pollutant Discharge Elimination System (NPDES) Small Vessel General Permit (sVGP) for discharges incidental to the normal operation of vessels less than 79 feet in length has been finalized. This sVGP enters into effect on 19 December. 79 Fed. Reg. 53702 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-10/pdf/2014-21408.pdf ] (September 10, 2014). The sVGP is available at http://water.epa.gov/polwaste/npdes/vessels/Small-Vessel-General-Permit.cfm .

USCG – lifesaving devices

clip_image006 The US Coast Guard promulgated a final rule requiring uninspected commercial barges and sailing vessels to carry lifesaving devices even if these vessels are not carrying passengers for hire. The requirement comes into effect on 10 October. 79 Fed. Reg. 53621 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-10/pdf/2014-21541.pdf ] (September 10, 2014).

Chicago Sanitary & Ship Canal – safety zone

clip_image006[1] The US Coast Guard issued a notice stating that it will enforce the safety zone between mile marker 296.1 and mile marker 296.7 of the Chicago Sanitary and Ship Canal at certain times between 3 September and 26 November during installation of a new permanent fish barrier. 79 Fed. Reg. 54607 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-12/pdf/2014-21640.pdf ] (September 12, 2014).

USCG – conditions of entry re Cambodia

clip_image008 The US Coast Guard announced that, effective 29 September, it is imposing conditions of entry on vessels arriving in the United States after having called at any port in Cambodia, during their last five port calls. In summary, each affected vessel must: (1) implement the Security Level 2 measures from its ship security plan while in a port of either country; (2) ensure that each access point is guarded and that guards have total visibility of the exterior of the vessel while in a port of either country; (3) attempt to execute a Declaration of Security while in a port of either country; (4) log all security actions; and (5) report actions taken to the pertinent USCG Captain of the Port [COTP] prior to arrival in the US. 79 Fed. Reg. 54991 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-15/pdf/2014-21998.pdf ] (September 15, 2014).

Tampa Bay – safety and security zones

clip_image009 The US Coast Guard proposes to consolidate three security zone regulations into one regulation and to convert two safety zones into security zones on waters of Tampa Bay. Comments on the proposal must be received by 15 October. 79 Fed. Reg. 54937 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-15/pdf/2014-21999.pdf ] (September 15, 2014).

OFAC – sanctions re Iran – update

clip_image011 The Office of Foreign Assets Control (OFAC) issued a notice updating information regarding eight entities and eight vessels previously identified as the Government of Iran or as property of the Government of Iran under the Iranian Transactions and Sanctions Regulations. The updates are effective on 29 July 2014. 79 Fed. Reg. 55071 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-15/pdf/2014-21999.pdf ] (September 15, 2014).

OFAC – sanctions re Iran

clip_image012 The Office of Foreign Assets Control (OFAC) issued a notice publishing the names of 22 persons and six vessels blocked under authority of the Iranian Transactions and Sanctions Regulations. The actions were effective 29 August. 79 Fed. Reg. 55072 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-15/pdf/2014-21898.pdf ] (September 15, 2014).

Great Lakes – dry cargo residue discharges

clip_image006[2] The US Coast Guard issued a notice stating that the Office of Management and Budget (OMB) has approved the information collection request associated with the 31 January 2014 regulation concerning the discharge of bulk dry cargo residue in US waters of the Great Lakes. 79 Fed. Reg. 54907 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-15/pdf/2014-21893.pdf ] (September 15, 2014). Note: In other words, the Coast Guard can now enforce those recordkeeping requirements contained in its earlier rulemaking.

NOAA – coral

clip_image014 The National Oceanic and Atmospheric Administration (NOAA) promulgated a 273-page final rule designating twenty reef-building coral species as threatened and requesting information that may be relevant to the designation of critical habitat for these species. The designations enter into effect on 10 October. Information regarding critical habitat must be received by 10 November. 79 Fed. Reg. 53851 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-10/pdf/2014-20814.pdf ] (September 10, 2014).

IOOS – meeting

clip_image014[1] The US Integrated Ocean Observing System (IOOS), sponsored by the National Oceanic and Atmospheric Administration (NOAA), will meet in Duluth on 2-3 October. Topics on the agenda include finalizing the guiding principles for the business model of IOOS and beginning a dialog on the next set of recommendations. 79 Fed. Reg. 53696 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-09-10/pdf/2014-21537.pdf ] (September 10, 2014).

OFAC – Ukraine-related sanctions

clip_image012[1] The Office of Foreign Assets Control (OFAC) issued a notice [found at http://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20140912.aspx ] updating the list of entities covered by the Ukraine-related sanctions. (9/12/14).

USCG – air draft

clip_image006[3] The US Coast Guard issued a Safety Alert regarding the critical importance of knowing your vessel’s air draft. The owner, operator, and master of vessels underway are responsible for understanding and communicating the relevant characteristics of the vessel, including the distance from the waterline to the vessel’s highest point. Knowledge and understanding of the air draft is vital. Alert 09-14 [found at http://www.uscg.mil/hq/cg5/cg545/alerts/0914.pdf ] (9/9/14).

USCG – Port State Control report

clip_image006[4] The US Coast Guard posted its Port State Control Report 2013 [found at http://www.uscg.mil/hq/cgcvc/cvc2/annual_report/annualrpt13.pdf ]. The report provides statistics related to enforcement by the Coast Guard of the SOLAS Convention, the MARPOL Convention, and the ISPS Code with respect to foreign vessels calling at US ports during 2013. (9/9/14).

USCG – NVMC picklist updates

clip_image006[5] The USCG National Vessel Movement Center (NVMC) issued a notice [found at http://www.nvmc.uscg.gov/NVMC/News.aspx?newsId=35DF89F7-8A86-420E-9B7E-681E27289C06 ] announcing that an updated package of picklist XML files for use by third-party developers will be released that incorporates various country, port, agency, and RSO changes. These changes will also be reflected in updated versions of the online eNOAD application and NOAD workbooks. (9/12/14).

NTSB – Safer Seas 2013

clip_image016 The National Transportation Safety Board (NTSB) released Safer Seas 2013 [found at http://www.ntsb.gov/doclib/reports/2014/SaferSeas2013.pdf ] summarizing the 21 marine casualties it investigated during 2013. The goal is ot bring the lessons learned from these incidents to the maritime community in an easy-to-use document. (9/11/14).

DOE – LNG exports approved

clip_image018 The Department of Energy (DOE) issued a news release [found at http://www.energy.gov/articles/energy-department-authorizes-cameron-lng-and-carib-energy-export-liquefied-natural-gas-0 ] stating that it has issued final authorizations to Cameron LNG, LLC and Carib Energy LLC to export domestically produced liquefied natural gas (LNG). The exports from Cameron will be via vessel and the exports from Carib will be via approved ISO LNG containers. (9/10/14).

Charleston – TIGER grant for Wando Wharf

clip_image020 The Department of Transportation (DOT) issued a press release [found at http://www.dot.gov/briefing-room/us-department-transportation-announces-108-million-tiger-2014-grant-rehabilitation ] stating that a $10.8 million TIGER grant has been awarded for rehabilitation of the Wando Welch Terminal in Charleston. The rehabilitation will allow it to handle larger ships and increased cargo volumes. (9/12/14).

House – resolution re South & East China Sea disputes

clip_image022 Delegate Faleomavaega (D-AS) introduced a resolution (H.Res. 714) [found at http://www.gpo.gov/fdsys/pkg/BILLS-113hres714ih/pdf/BILLS-113hres714ih.pdf ] reaffirming the peaceful and collaborative resolution of maritime and jurisdictional disputes in the South China Sea and the East China Sea as provided for by universally recognized principles of international law, and reaffirming the strong support of the United States Government for freedom of navigation and other internationally lawful uses of sea and airspace in the Asia-Pacific region. (9/8/14).

House – bill introduced re NOAA Officer Corps

clip_image022[1] Representative Grayson (D-FL) introduced the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2013 (H.R. 5426) [found at http://www.gpo.gov/fdsys/pkg/BILLS-113hr5426ih/pdf/BILLS-113hr5426ih.pdf ] to reauthorize and amend the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002, and for other purposes. (9/9/14).

House – bill introduced re 100% scanning

clip_image022[2] Representative Hahn (D-CA) introduced a bill (H.R. 5455) to amend the Security and Accountability For Every Port Act of 2006 (“SAFE Port Act”) to administer a pilot program for 100 percent scanning of cargo containers at domestic ports, and for other purposes. Official text of the bill is not yet available, but Representative Hahn issued a press release [found at http://hahn.house.gov/press-release/congresswoman-hahn-introduces-legislation-increase-security-terrorist-attack-us-ports ] explaining the measure. (9/11/14).

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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 – September 2014

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    logo11 Rogue waves

    In the September 2014 of Maritime Reporter and Engineering News, you can find my article entitled "Rogue waves". In the article, I discuss how mariners knew about rogue waves long before scientists acknowledged their existence as a very real high seas danger.