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August 29th, 2014 at 9:54 pm

Bryant’s Maritime Blog – 29 August 2014

Headlines:

USCG – merchant mariner examinations;

USCG – Certificate of Documentation fee;

USCG – US-build determination;

NOAA – coral species listed as threatened;

USN – UUV delivered;

UK – safe loading and unloading of bulk carriers;

UK – child rescued after fall from ferry; and

Sinking of SS Metis – 30 August 1872.

August 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. The search for intelligent life on the third planet continues.

USCG – merchant mariner examinations

clip_image004 The USCG National Maritime Center (NMC) issued a notice stating that a mariner seeking an original national endorsement or raise of grade based on training or service started before March 24, 2014 will be examined under the regulations in effect before that date unless they have specifically requested to examine for their endorsement under the final rule published by the Coast Guard on December 24, 2013. (8/28/14).

USCG – Certificate of Documentation fee

clip_image004[1] The USCG National Vessel Documentation Center (NVDC) issued a notice reminding stakeholders that, effective 10 November, the cost to renew a Certificate of Documentation (COD) will be $26.00. (8/28/14).

USCG – US-build determination

clip_image005 The determination letter regarding construction in the Aker Philadelphia Shipyard of up to eight product tankers with certain foreign-built components and foreign-sourced materials. Among other things, the letter concludes that use of foreign-built deck-mounted ballast water treatment units will not adversely affect the status of these tankers as having been built in the United States. (8/27/14).

NOAA – coral species listed as threatened

clip_image007 The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that it will afford Endangered Species Act (ESA) protections to twenty coral species found in the Indo-Pacific and the Caribbean determined under the ESA to be threatened. (8/27/14).

USN – UUV delivered

clip_image009 The US Navy issued a news release stating that an unmanned undersea vehicle (UUV) has been delivered to the Commander, Submarine Development Squadron 5 in Keyport, Washington. The UUV is able to perform at a maximum depth of 1,000 meters for up to 72 hours. It can conduct limited autonomous contact avoidance maneuvers and has sophisticated sensors. (8/28/14).

UK – safe loading and unloading of bulk carriers

clip_image011 The UK Maritime and Coastguard Agency (MCA) republished guidance on the safe loading and unloading of bulk carriers, implementing EC Directive 2001/96/EC (establishing harmonized requirements and procedures for safe loading and unloading of bulk carriers). (8/27/14).

UK – child rescued after fall from ferry

clip_image011[1] The UK Marine Accident Investigation Branch (MAIB) issued re report of its investigation of the falling overboard and recovery of a young child from the passenger ferry Snowdrop at a terminal on the River Mersey on 14 October 2013. The child was rescued by the ship’s mate after she fell over the upper deck guard rail. The location and design of the seating allowed the child to climb to the top of the guard rail. The adults responsible for the child allowed her to stand on the seating and then became distracted. Procedures to inform the Coastguard were not followed. Report 22-2014 (8/28/14).

Sinking of SS Metis – 30 August 1872

clip_image013 clip_image015 During a rainstorm, the passenger vessel SS Metis, with approximately 242 passengers and crew on board collided with the schooner Nettie Cushing at about 4 a.m. on 30 August 1872 in Long Island Sound near Watch Hill, Rhode Island. Metis, en route from New York to Providence, was holed below the waterline and flooded quickly. Passengers were assembled and many boarded lifeboats. The captain and the agent of the Providence and New York Steamship Line refused to board lifeboats and remained in the pilot house. They were among the forty persons still alive when the vessel’s upper works washed ashore. The Revenue Cutter Moccasin, Captain David Ritchie commanding, rushed to the scene, rescuing 45 persons and recovering 17 bodies. It is estimated that 130 persons died in the sinking. Captain Ritchie and the officers and men of Moccasin received the formal Thanks of Congress by means of a Resolution adopted on 24 January 1873. A US Life-Saving Station was built at Watch Hill in 1879, adjacent to the Lighthouse. There was no marine insurance on Metis. Suits were brought against the shipowner, including one by a passenger stating that he bought his $3 ticket and incurred injuries and expenses due to the sinking – he demanded $20,000 damages. The owners filed a petition in federal court seeking exoneration from and limitation of liability.

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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 – August 2014

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August 29th, 2014 at 9:52 pm

Bryant’s Maritime Blog – 28 August 2014

Headlines:

San Francisco Bay – disabled tanker arrives;

USCG – unmanned aircraft system tests;

FWS – loggerhead sea turtle correction;

Court – liability of corporate president;

Australia – substandard ship banned;

Australia – preliminary casualty report; and

Suez Canal – development project.

August 28, 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. The search for intelligent life on the third planet continues.

San Francisco Bay – disabled tanker arrives

clip_image004 The US Coast Guard issued a news release stating that the disabled product tanker Pine Galaxy has been towed safely into San Francisco Bay for repairs. It was escorted by the Coast Guard. The tanker previously experienced an engine room fire that resulted in the death of one crew member and the loss of electrical power and propulsion. (8/27/14).

USCG – unmanned aircraft system tests

clip_image004[1] The US Coast Guard issued a news release stating that the first launch and landing of an unmanned aircraft system from an icebreaker occurred on the flight deck of the USCGC Healy on 18 August in Arctic waters. The aircraft is being evaluated to determine its capability to track oil spills and assist in other Coast Guard missions. (8/27/14).

FWS – loggerhead sea turtle correction

clip_image006 The Fish and Wildlife Service (FWS) issued a correction to its designation of critical habitat for the loggerhead sea turtle to provide a complete and accurate for the turtle in the List of Endangered and Threatened Wildlife. The correction comes into effect immediately. 79 Fed. Reg. 51264 (August 28, 2014).

Court – liability of corporate president

clip_image008 In an unpublished decision, the US Court of Appeals for the Fifth Circuit , applying state law, held that the owner of a corporation is personally liable for corporate liabilities after its administrative dissolution if he played an active role in the corporation. In the instant case, plaintiff barge owner contracted with defendant shipyard for barge repairs. When a dispute arose regarding completion of the repairs, plaintiff brought suit against the shipyard and its corporate president. During the period of the dispute, the shipyard was dissolved as a corporation and entered bankruptcy. Eventually, judgment was entered against both the shipyard and its president, jointly and severally. Defendant president appealed, but lost. 4 H Construction v. Superior Boat, No. 09-60838 (5th Cir., August 27, 2014).

Australia – substandard ship banned

clip_image010 The Australian Maritime Safety Authority (AMSA) issued a media release stating that it has issued a direction to the container ship Vega Auriga that prohibits the ship from using or entering any Australian port for the next three months due to repeated breaches relating to seafarer welfare and maintenance of the ship. (8/27/14).

Australia – preliminary casualty report

clip_image010[1] The Australian Transport Safety Bureau (ATSB) issued the preliminary report of its investigation of the collision between Royal Pescadores and Da Heng Shan in the Gage Roads Anchorage, Fremantle on 8 May 2014. MO-2014-003 (8/27/14).

Suez Canal – development project

clip_image012 The Suez Canal Authority issued a notice announcing that the contract for the National project of Suez Canal Regional Development has been awarded to Dar Al-Handasa (Shair & Partners). (8/27/14).

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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 – August 2014

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August 29th, 2014 at 9:46 pm

Bryant’s Maritime Blog – 27 August 2014

Headlines:

Arabian Gulf – USCG boat fires warning shot;

San Francisco Bay – arrival of disabled tanker;

OMB – consolidated cruise ship regulations;

TSAC – meeting;

NMSAC – meeting;

Treasury – countries requiring boycott cooperation;

MTSNAC – closed meeting;

CGSIC – meeting;

USCG – Credential Verification Tool;

Gulf of Mexico – collision;

New York – oil spill response exercise;

Australia – fatigue assessment report; and

Australia – accommodation ladders and gangways.

August 27, 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. The search for intelligent life on the third planet continues.

Arabian Gulf – USCG boat fires warning shot

clip_image004 The Department of Defense (DOD) issued a news release stating that a Coast Guard small boat operating in international waters in the Arabian Gulf fired a warning shot on an Iranian dhow in a defensive move after the crew of the dhow trained a machine gun on the Americans with apparent hostile intent. The dhow then left the scene. The Coast Guard small boat, deployed from the USCGC Monomoy (WPB 1326), was engaged in routine maritime security operations at the time. (8/26/14).

San Francisco Bay – arrival of disabled tanker

clip_image006 The US Coast Guard issued a news release stating that the disabled product carrier Pine Galaxy is expected to arrive under tow in San Francisco Bay later today (27 August). The ship suffered an engine room fire that left one crew member dead and the ship without electrical power or propulsion. A joint agency team will inspect the vessel prior to entry to ensure that conditions are safe and secure before additional tugs assist in the transit to port. (8/26/14).

OMB – consolidated cruise ship regulations

clip_image008 The Office of Management & Budget (OMB) completed its review of the Coast Guard’s proposed Consolidated Cruise Ship Regulations. This rulemaking proposes requirements for the screening of baggage, personal items, and persons intended for carriage on a cruise ship. This rule would revise the existing regulatory regime under the Maritime Transportation Security Act of 2002 by requiring that cruise ship terminals have and submit a terminal screening program for passengers as part of their Facility Security Plans. The proposed changes would consolidate security requirements for cruise ships into one portion of the CFR so they are more easily found and provide greater uniformity in screening across the industry.  (8/25/14). Note: The proposal will probably appear in the Federal Register within the next two weeks.

TSAC – meeting

clip_image006[1] The Towing Safety Advisory Committee (TSAC), sponsored by the US Coast Guard, will meet on 24-25 September in Washington, DC. Topics on the agenda include: manning of inspected towing vessels; designation of narrow channels; mid-stream LNG refueling of towing vessels; marine casualty reporting; and air draft. 79 Fed. Reg. 51187 (August 27, 2014).

NMSAC – meeting

clip_image006[2] The National Maritime Security Advisory Committee (NMSAC), sponsored by the US Coast Guard, will meet on 16-17 September in Baltimore. Topics on the agenda include: cyber security; suspicious activity reporting; and radiation portal monitoring. 79 Fed. Reg. 51186 (August 27, 2014).

Treasury – countries requiring boycott cooperation

clip_image010 The Department of the Treasury published its current list of countries requiring cooperation with an international boycott. The list consists of: Iraq; Kuwait; Lebanon; Libya; Qatar; Saudi Arabia; Syria; United Arab Emirates; and Yemen. 79 Fed. Reg. 51224 (August 27, 2014).

MTSNAC – closed meeting

clip_image012 The Marine Transportation System National Advisory Council (MTSNAC), sponsored by the Maritime Administration (MARAD), will conduct a closed meeting on 11 September in Washington, DC to deliberate on pre-decisional Agency policy documents containing selected concepts submitted to MARAD from interested members of the public to facilitate development of a National Maritime Strategy. 79 Fed. Reg. 50981 (August 26, 2014).

CGSIC – meeting

clip_image014 The 54th Meeting of the Civil GPS Service Interface Committee (CGSIC) will be held on 8-9 September in Tampa. Topics on the agenda include: offshore GPS requirements and utilization in the Gulf of Mexico; detecting GPS jammers; determining potential impacts of sea level rise; GPS program update; Interference Detection and Mitigation Plan; and NDGPS Program update. (8/26/14).

USCG – Credential Verification Tool

clip_image006[3] The USCG National Maritime Center (NMC) issued a notice stating that the earlier problem where postdated credentials were being prematurely displayed on the Credential Verification Tool has been resolved. (8/26/14).

Gulf of Mexico – collision

clip_image006[4] The US Coast Guard issued a news release stating that a 74-foot shrimping vessel and the 130-foot offshore supply vessel Gloria May collided in the Gulf of Mexico eighteen miles south of Pascagoula. The three crew members of the shrimper entered their life raft and were then picked up by the OSV. No injuries have been reported. The shrimper sustained significant damage, while the OSV reported minimal damage. There have been no reports of pollution, but the shrimper had 10,000 gallons of diesel fuel and 200 gallons of oil on board. The incident is under investigation. (8/24/14).

New York – oil spill response exercise

clip_image006[5] The US Coast Guard issued a news release stating that an oil spill response exercise will be conducted on 26 August on the waters and shorelines of Cattaraugus Creek. Participants in the exercise include the Seneca Nation of Indians, the Chautauqua County (NY) Fire Department, and the US Coast Guard. (9/25/14).

Australia – fatigue assessment report

clip_image016 The Australian Transport Safety Bureau (ATSB) issued a fatigue assessment report regarding the grounding of the container ship Rena on Astrolabe Reef on 5 October 2011. The report concludes that it was likely that both the master and the second mate of the vessel were at risk of at least mild fatigue impairment during the work period immediate preceding the grounding. Furthermore, the master’s sleep and work schedule placed him at significant risk of fatigue impairment during the days preceding the grounding, due to time of day for both work and sleep, sleep duration, and sleep fragmentation effects. This analysis was undertaken at the request of the Transport Accident Investigation Commission (TAIC) of New Zealand. (8/26/14).

Australia – accommodation ladders and gangways

clip_image016[1] The Australian Maritime Safety Authority (AMSA) issued a notice owners, operators, masters, port authorities, terminal operators, and persons embarking or disembarking ships of the requirements for accommodation ladders and gangways. Marine Notice 13-2014 (8/25/14).

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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 – August 2014

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August 29th, 2014 at 9:42 pm

Bryant’s Maritime Blog – 25 August 2014

Headlines:

San Francisco – arrival of disabled ship anticipated;

SHC – meeting re MEPC;

PHMSA – harmonization with international standards;

FERC – Cove Point LNG;

MARAD – life cycle emissions of LNG as marine fuel;

Court – assignment of seaman wages;

UNSC – sanctions re ISIL;

EC – launch of two new Galileo satellites; and

ESA – Galileo satellites in wrong orbit.

August 25, 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. The search for intelligent life on the third planet continues.

San Francisco – arrival of disabled ship anticipated

clip_image004 The US Coast Guard issued a news release stating that a team of federal, state, and local stakeholders is preparing for the arrival in San Francisco Bay of the disabled product tanker Pine Galaxy. The vessel experienced an engine room fire on 13 August that resulted in the death of one crew member and the loss of electrical power and propulsion. The tanker is carrying a cargo of neutral oil, tetramer, propylene tetramer, and vegetable oil. There has been no loss of cargo and no reported damage to the cargo tanks, fuel tanks, or the hull. A safety and assessment team will examine the vessel before it is brought to the Port of San Francisco for repairs. (8/23/14).

SHC – meeting re MEPC

clip_image006 The Shipping Coordinating Committee (SHC), sponsored by the Department of State (DOS), will meet on 1 October in Washington, DC to prepare for the upcoming session of the IMO Marine Environment Protection Committee (MEPC 67). Topics on the agenda include the Polar Code; ballast water; and recycling of ships. 79 Fed. Reg. 50728 (August 25, 2014).

PHMSA – harmonization with international standards

clip_image008 The Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to amend the Hazardous Materials Regulations to maintain consistency with international standards, including the International Maritime Dangerous Goods Code. Comments on the proposal must be received by 24 October. 79 Fed. Reg. 50741 (August 25, 2014).

FERC – Cove Point LNG

clip_image010 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it has finalized the General Conformity Determination for the Cove Point Liquefaction Project. 79 Fed. Reg. 50643 (August 25, 2014).

MARAD – life cycle emissions of LNG as marine fuel

clip_image012 The Maritime Administration (MARAD) released its LNG life cycle emissions study. The study finds that use of natural gas fuels substantially reduced air pollutant emissions compared to conventional marine fuels (low-sulfur and high-sulfur petroleum). Continued improvements to minimize emissions of methane during vessel-engine operations will contribute to lower greenhouse gas (GHG) emissions from marine applications. (8/22/14).

Court – assignment of seaman wages

clip_image014 The US Court of Appeals for the Eleventh Circuit affirmed a summary judgment order in favor of defendant maritime employment agencies in a lawsuit for wages brought by four seamen. Plaintiff seaman had retained defendant employment agencies to help them find jobs. The contracts provided that, if employment was obtained, the seamen’s paychecks would be sent directly to the agencies until the agreed amounts were paid. Plaintiffs unsuccessfully asserted that the contracts violated 46 U.S.C. § 11109(b), which makes an assignment of seaman wages before payment of those wages invalid. Jurich v. Compass Marine, No. 13-15520 (11th Cir., August 22, 2014). Note: Unfortunately, the brief opinion does not state the legal rationale for its holding, referencing instead to the district court order.

UNSC – sanctions re ISIL

clip_image016 The United Nations Security Council (UNSC) adopted a resolution condemning the gross and widespread abuse of human rights by the Islamic State in Iraq and the Levant (ISIL) and other extremist groups in Iraq and Syria and imposing economic sanctions against various individuals linked to those groups. UNSC Resolution 2170 (2014). Note: Since ISIL and other groups have control of various assets and monies, entities should exercise care that they do not inadvertently become involved in such activities as transporting supplies indirectly to these groups.

EC – launch of two new Galileo satellites

clip_image018 The European Commission (EC) issued a press release announcing the launch of two new Galileo navigation satellites. With six satellites now launched and more on the way, early services may be provided over the next year. (8/22/14).

ESA – Galileo satellites in wrong orbit

clip_image020 The European Space Agency (ESA) issued a press release stating that, following the Soyuz Galileo launch, there have been anomalies of the orbit injection of the Galileo satellites. Both satellites have been acquired and are safely controlled and operated. (8/23/14). Oops!

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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 – August 2014

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August 29th, 2014 at 9:38 pm

Bryant’s Maritime Blog – 22 August 2014

Headlines:

FMC – complaint filed;

FMC – US-Japan Bilateral Maritime Meeting;

USN – ex-USS Saratoga departs for dismantling;

EC – two Galileo satellites to be launched;

EC – Galileo satellite launches;

India – Notice to Seafarers; and

Panama Canal – outages and repairs.

August 22, 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. The search for intelligent life on the third planet continues.

FMC – complaint received

clip_image004 The Federal Maritime Commission (FMC) issued a notice stating that it received a complaint from Econocaribe Consolidators, Inc. alleging that Amoy International, LLC (a licensed Ocean Transportation Intermediary) misdeclared a cargo as new auto parts when in fact it was used baled truck tires and the misdeclaration caused the cargo to be detained by Chinese Customs. 79 Fed. Reg. 49776 (August 22, 2014).

FMC – US-Japan Bilateral Maritime Meeting

clip_image004[1] The Federal Maritime Commission (FMC) issued a news release stating that Chairman Mario Cordero participated in the US-Japan Bilateral Maritime Meeting, hosted by the US Department of Transportation, Maritime Administration in Washington, DC on 15 August. The parties discussed evolving maritime issues, including the Panama Canal expansion, environmental issues, LNG-fueled vessels, and port development. (8/21/14).

USN – ex-USS Saratoga departs for dismantling

clip_image006 The US Navy issued a news release stating that the ex-USS Saratoga (CV 60) departed Naval Station Newport enroute to a dismantling facility in Brownsville, Texas. The second Forrestal class carrier completed 22 deployments during its commissioned service (1956-1994). (8/21/14).

EC – two Galileo satellites to be launched

clip_image008 The European Commission (EC) issued a press release stating that two more Galileo navigation satellites are to be launched on 21 August. This will bring to six the total number of such satellites in orbit. (8/20/14).

EC – Galileo satellite launches

clip_image009 The European Commission (EC) issued a press release stating that an agreement has been signed with Arianespace for launching of Galileo navigation satellites. The full constellation of 30 satellites is expected to be in operation by 2020. (8/21/14).

India – Notice to Seafarers

clip_image011 The Indian Directorate General of Shipping issued a Notice to Seafarers reminding Indian mariners that the Maritime Labour Convention (MLC) 2006 that manning agencies recruiting seafarers must be registered with the host nation and maintain certain standards. Indian seafarers are cautioned to only utilize registered manning agencies. (8/6/14).

Panama Canal – outages and repairs

clip_image013 The Panama Canal Authority issued an advisory stating that the west lane of Miraflores Locks will be out of service from 26 August through 3 September. Simultaneously, Gatun Locks will perform repairs to the return track on the north approach wall. As a result, Transit Reservation System Condition 2 will be in effect from 26 August through 2 September. Advisory 19-2014 (8/21/14).

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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 – August 2014

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August 29th, 2014 at 9:35 pm

Bryant’s Maritime Blog – 21 August 2014

Headlines:

Arctic Ocean – medical evacuation from South Korean icebreaker;

MERPAC – working group meeting;

MERPAC – meeting;

ITC – marine sonar imaging systems;

USCG – GMDSS Implementation Task Force meeting;

Australia – recovery of persons from the water; and

Singapore – resolutions adopted at MEPC 66.

August 21, 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. The search for intelligent life on the third planet continues.

Arctic Ocean – medical evacuation from South Korean icebreaker

clip_image004 The US Coast Guard issued a news release stating that it medically evacuated a crew member from the South Korean icebreaker Araon in the Arctic Ocean 250 miles north of Barrow, Alaska. The crew member, who was suffering from a head injury, was flown by helicopter to medical facilities in Barrow for treatment. (8/21/14).

MERPAC – working group meeting

clip_image004[1] A working group of the Merchant Marine Personnel Advisory Committee (MERPAC), sponsored by the US Coast Guard, will meet on September 9 in Easton, Maryland to review policy documents providing guidance on implementation of the 24 December 2013 rulemaking on STCW and national endorsements. 79 Fed. Reg. 49526 (August 21, 2014).

MERPAC – meeting

clip_image005 The Merchant Marine Personnel Advisory Committee (MERPAC), sponsored by the US Coast Guard, will meet on 10-11 September in Easton, Maryland to discuss various issues related to the training and fitness of merchant marine personnel. Topics on the agenda include vessel personnel working within polar regions; personnel working on MOUs and OSVs engaged in OCS activities; and guidance on implementation of the 24 December 2013 rulemaking on STCW and national endorsements. 79 Fed. Reg. 49524 (August 21, 2014).

ITC – marine sonar imaging systems

clip_image007 The International Trade Commission (ITC) issued a notice stating that it received a complaint from Johnson Outdoors, Inc. alleging violation of federal law relating to importation of certain marine sonar imaging systems. 79 Fed. Reg. 49536 (August 21, 2014).

USCG – GMDSS Implementation Task Force meeting

clip_image008 The USCG Navigation Center issued a notice stating that the National GMDSS Implementation Task Force will meet in Fort Myers, Florida on 9 October. (8/20/14).

Australia – recovery of persons from the water

clip_image010 The Australian Maritime Safety Authority (AMSA) issued a notice providing advice to owners and operators on the new SOLAS regulation requiring all covered ships to have plans and procedures for recovery of persons from the water. Marine Notice 12-2014 (8/20/14).

Singapore – resolutions adopted at MEPC 66

clip_image012 The Singapore Maritime and Port Authority (MPA) issued a circular regarding resolutions adopted by the recent session of the IMO Maritime Environment Protection Committee (MEPC 66). Shipping Circular 14-2014 (8/20/14).

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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 – August 2014

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August 29th, 2014 at 9:33 pm

Bryant’s Maritime Blog – 20 August 2014

Headlines:

Alaska – USCG forward operating location;

USCG – fishing vessels dispensing petroleum products;

FMC – petition for declaratory order;

ARC – meeting;

OMB – proposed Arctic Regulations;

USN – wrecksite of USS Houston discovered; and

Australia – investigation of mooring incident.

August 20, 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. The search for intelligent life on the third planet continues.

Alaska – USCG forward operating location

clip_image004 The US Coast Guard issued a news release stating that it will open its seasonal forward operating location in Barrow, Alaska on 21 August in support of Operation Arctic Shield 2014. An aviation detachment, along with its supporting air and ground communication crews, has been deployed. The forward operating location minimizes response times to cases in the Arctic Ocean. (8/19/14).

USCG – fishing vessels dispensing petroleum products

clip_image004[1] The US Coast Guard proposes to amend its regulations for commercial fishing vessels carrying flammable or combustible liquid cargoes in bulk. Comments should be submitted by 18 November. 79 Fed. Reg. 49261 (August 20, 2014).

FMC – petition for declaratory order

clip_image006 The Federal Maritime Commission (FMC) issued a notice stating that it received a petition from LCL Logistix (India) Pvt. Ltd dba LCL Lines for a declaratory order “to remove uncertainty and terminate a controversy in regard to the justness and reasonableness of the demurrage practices of Mediterranean Shipping Company (MSC).” 79 Fed. Reg. 49315 (August 20, 2014).

ARC – meeting

clip_image008 The Arctic Research Commission (ARC) will meet in Anchorage on 15-16 September. 79 Fed. Reg. 49280 (August 20, 2014).

OMB – proposed Arctic Regulations

clip_image010 The Office of Management and Budget (OMB) has received for review from the Bureau of Safety and Environmental Enforcement (BSEE) and the Bureau of Ocean Energy Management (BOEM) the proposed Arctic Regulations, intended to promote safe, responsible, and effective drilling activities on the Arctic outer continental shelf (OCS), while also ensuring the protection of Alaska’s coastal communities and the marine environment. OMB review generally takes four months. (8/15/14). Note: This item was brought to my attention by my good friend Louis Le Gendre of International Shipping & Logistics.

USN – wrecksite of USS Houston discovered

clip_image012 The US Navy issued a news release stating that the wrecksite of the cruiser USS Houston (CA 30) has been located in Indonesian waters. Houston was sunk during the Battle of the Sunda Strait on 28 February 1942 with the loss of more than 700 sailors and Marines. US Navy and Indonesian Navy divers laid a wreath at the site. (6/12/14). Note: This item was brought to my attention by my good friend Larry Brennan.

Australia – investigation of mooring incident

clip_image014 The Australian Transport Safety Bureau (ATSB) issued a notice stating that it has opened an investigation into the mooring incident and contact with bridge at Fremantle on 17 August. The car carrier Grand Pioneer and the general cargo ship AAL Fremantle broke free from their aft moorings during high winds. They then rotated around their forward mooring lines, with AAL Fremantle making contact with the nearby railway bridge. (8/19/14).

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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 – August 2014

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August 29th, 2014 at 9:29 pm

Bryant’s Maritime Blog – 19 August 2014

Headlines:

White House – MV Cape Ray;

USCG – OPA 90 inflation adjustment;

NOSAC – teleconference meeting;

BOEM – risk management, financial assurance & loss prevention;

NOAA – Hydrographic Services Review Panel;
FMC – forum on port congestion;

USCG NMC – online credential verification tool;

Senate – bill introduce re recreational vessels;

House – bill introduced re marine sanctuary designation;

House – bill introduced to extend landing passes;

Court – fraud in the inducement;

ReCAAP – July report;

Canada – smart buoy for Saint Johns;

Hong Kong – dark smoke emissions;

India – maritime claims legislation;

India – limitation of liability for maritime claims;

India – prevention of air pollution from ships;

Panama Canal – centennial; and

UK – confined space entry.

August 19, 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. The search for intelligent life on the third planet continues.

White House – MV Cape Ray

clip_image004 President Obama issued a statement regarding the completion by the MV Cape Ray of the destruction of Syria’s declared chemical weapons under the leadership of the Organization for the Prohibition of Chemical Weapons (OPCW). (8/18/14). Note: MV Cape Ray is part of the Ready Reserve Fleet administered by the Maritime Administration (MARAD).

USCG – OPA 90 inflation adjustment

clip_image006 The US Coast Guard proposes to increase the limits of liability under the Oil Pollution Act of 1990 (OPA 90) to reflect increases in the Consumer Price Index (CPI). The liability limits for most covered entities is to be increased by about 9%, but the limit for offshore facilities is to be increased by 78% since it has previously been adjusted. Language is also proposed to clarify applicability of OPA 90 limits of liability to edible oil cargo tank vessels and to tank vessels designated as oil spill response vessels. Comments should be submitted by October 20. 79 Fed. Reg. 49205 (August 19, 2014).

NOSAC – teleconference meeting

clip_image007 The National Offshore Safety Advisory Committee (NOSAC), sponsored by the US Coast Guard, will conduct a teleconference meeting on 24 September to receive a final report from the Subcommittee on Marine Casualty Reporting on the Outer Continental Shelf. 79 Fed. Reg. 49095 (August 19, 2014).

BOEM – risk management, financial assurance & loss prevention

clip_image009 The Bureau of Ocean Energy Management (BOEM) seeks comments and information regarding efforts to update its regulations and program oversight for outer continental shelf (OCS) financial assurance requirements. Due to increasingly complex business, functional, organizational, and financial issues, BOEM is developing a comprehensive program to assist in identifying, prioritizing, and managing the risks associated with industry activities on the OCS. Comments should be received by October 20. 79 Fed. Reg. 49027 (August 19, 2014).

NOAA – Hydrographic Services Review Panel

clip_image011 The National Oceanic and Atmospheric Administration (NOAA) seeks applicants for membership on the Hydrographic Services Review Panel (HSRP). Applications should be received by 10 October. 79 Fed. Reg. 49065 (August 19, 2014).

FMC – forum on port congestion

clip_image013 The Federal Maritime Commission (FMC) issued a news release announcing that FMC Chairman Mario Cordero will hold a forum entitled “U.S. Port Congestion: Examining Causes, Impact on Stakeholders, and Exploring Possible Solutions”. The forum will be held on 15 September in San Pedro. (8/18/14).

USCG NMC – online credential verification tool

clip_image014 The USCG National Maritime Center (NMC) issued a notice stating that it was recently noted that the Online Credential Verification Tool is displaying postdated credentials as the mariner’s valid Merchant Mariner Credential (MMC). While it can be assumed that the postdated credential is identical to the current credential, additional verification can be accomplished by contacting the NMC Customer Service Center. The situation should be corrected quickly. (8/18/14).

Senate – bill introduced re recreational vessels

clip_image016 Senator Schumer (D-NY) introduced the Boating Capacity Standards Act of 2013 (S. 2774) to require all recreational vessels to have and to post passenger capacity limits and for other purposes. (8/1/14).

House – bill introduced re marine sanctuary designation

clip_image018 Representative Young (R-AK) introduced a bill (H.R. 5389) to amend the National Marine Sanctuaries Act to prescribe an additional requirement for the designation of marine sanctuaries off the coast of Alaska. (7/31/14).

House – bill introduced to extend landing passes

clip_image018[1] Representative Farenthold (R-TX) introduced the Landing Pass Extension Act of 2014 (H.R. 5080) to amend the Immigration and Nationality act to extend the period of time for which a conditional permit to land temporarily may be granted to an alien crewman. (7/11/14).

Court – fraud in the inducement

clip_image020 In an unpublished decision, the US Court of Appeals for the Eleventh Circuit reversed a grant of summary judgment by the district court and remanded the mater for trial on the merits. In the instant case, plaintiff cruise ship company contracted with defendant marketing company for cruise passenger marketing services. Plaintiff made various advance payments before canceling the contract. When defendant did not return the advance payments, plaintiff brought suit. The district court granted defendant’s motion for summary judgment on the claim of fraud in the inducement. The appellate court held that there was sufficient evidence in the record for that claim to go forward. Paul Gauguin Cruises v. eContact, No. 13-11532 (11th Cir., August 12, 2014).

ReCAAP – July report

clip_image022 The ReCAAP Information Sharing Centre issued its Report for July 2014. The number of reported incidents was down slightly from those reported in July 2013, but higher than the average for July in the previous five years. (8/15/14).

Canada – smart buoy for Saint Johns

clip_image024 Transport Canada issued a news release stating that the SmartATLANTIC buoy project is being launched in Saint Johns, New Brunswick. The buoy will provide real-time wind, wave, and current information. (8/15/14).

Hong Kong – dark smoke emissions

clip_image026 The Hong Kong Marine Department issued a news release stating that a seminar was held for vessel owners and the public regarding the new legal requirements concerning dark smoke emissions from vessels. (8/14/14).

India – maritime claims legislation

clip_image028 The Indian Directorate General of Shipping issued a notice stating that comments are sought on draft legislation entitled Admiralty (Jurisdiction and Settlement of Maritime Claims). Comments must be received by 18 September. (8/18/14).

India – limitation of liability for maritime claims

clip_image028[1] The Indian Directorate General of Shipping issued a notice stating that comments are sought on a proposal entitled Merchant Shipping (Limitation of Liability for Maritime Claims) Rules, 2014. Comments must be received by 14 September. (8/14/14).

India – prevention of air pollution from ships

clip_image029 The Indian Directorate General of Shipping issued a notice stating that comments are sought on a proposal entitled Merchant Shipping (Prevention of Air Pollution from Ships, 2014), based on Annex VI of MARPOL. Comments must be received by 14 September. (8/14/14).

Panama Canal – centennial

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The Panama Canal Authority issued an advisory commemorating the 100th anniversary of the opening of the Panama Canal to the service of world maritime commerce. Advisory 18-2014 (8/15/14).

UK – confined space entry

clip_image033 The UK Marine Accident Investigation Branch (MAIB) issued a safety bulletin concerning entry of a confined space on board the cargo ship Suntis in Humber on 26 May 2014 resulting in three fatalities. The safety lessons include not ignoring warning signs at the entrance to a confined space and not entering a confined space to perform a rescue unless wearing proper breathing apparatus. (8/18/14).

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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 – August 2014

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August 18th, 2014 at 10:57 am

Bryant’s Maritime Blog – 18 August 2014

Headlines:

North Pacific – one dead in engine room fire;

USCG – OSVs of at least 6,000 GT ITC;

USCG – Boston AMS Advisory Committee;

Buzzards Bay – danger zone correction;

Pascagoula – proposed restricted area;

DOE – procedures for LNG export decisions;

FERC – Aguirre Offshore GasPort EIS;

Chukchi Sea – general permit for surveys;

NOAA – NMS advisory councils;

USCG NVMC – NOAD picklist update;

House – bill introduced re marine renewable energy research; and

California – Sustainable Freight Strategy.

August 18, 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. The search for intelligent life on the third planet continues.

North Pacific – one dead in engine room fire

clip_image004 The US Coast Guard issued a news release stating that a chemical tanker lost propulsion after suffering an engine room fire in the North Pacific about 700 miles west of Cape Blanco, Oregon on 15 August. One crew member is deceased as a result of the casualty. A Coast Guard cutter is on scene providing assistance. A salvage tug is en route. (8/15/14). Note: Unofficial reports indicate that the vessel involved is the chemical tanker Pine Galaxy.

USCG – OSVs of at least 6,000 GT ITC

clip_image005 The US Coast Guard promulgated an interim rule with request for comments relating to the safe carriage of oil, hazardous substances, and individuals other than crew on US offshore supply vessels (OSVs) of at least 6,000 GT ITC. The rule also affects any US vessel of at least 500 gross register tons (GRT) that has not been assigned a measurement under the Convention Measurement System if the owner desires to have the vessel certificated as an OSV. The interim rule comes into effect immediately. Comments should be submitted by 17 November. 79 Fed. Reg. 48893 (August 18, 2014).

USCG – Boston AMS Advisory Committee

clip_image005[1] The US Coast Guard seeks applications from individuals interested in serving on the Boston Area Maritime Security (AMS) Advisory Committee. Applications should be received by 17 September. 79 Fed. Reg. 48753 (August 18, 2014).

Buzzards Bay – danger zone correction

clip_image007 The US Army Corps of Engineers (USACE) issued a correction to its 10 April 1997 rule regarding the danger zone in waters of Buzzards Bay, Massachusetts. The correction comes into effect immediately. 79 Fed. Reg. 48690 (August 18, 2014).

Pascagoula – proposed restricted area

clip_image007[1] The US Army Corps of Engineers (USACE) proposes to establish a restricted area around the Huntington Ingalls Incorporated/Ingalls Shipbuilding and Dry Dock (HII) facility in Pascagoula, Mississippi. Comments on the proposal must be submitted by 17 September. 79 Fed. Reg. 48716 (August 18, 2014).

DOE – procedures for LNG export decisions

clip_image009 The Department of Energy (DOE) issued the final revised version of its procedures for processing applications to export liquefied natural gas (LNG). The revised procedures enter into effect immediately. 79 Fed. Reg. 48132 (August 15, 2014).

FERC – Aguirre Offshore GasPort EIS

clip_image011 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it has prepared a draft environmental impact statement (EIS) for the proposed Aguirre Offshore GasPort to be constructed off the southern coast of Puerto Rico. Comments on the draft EIS must be received by 29 September. 79 Fed. Reg. 48137 (August 15, 2014).

Chukchi Sea – general permit for surveys

clip_image013 The Environmental Protection Agency (EPA) issued a notice stating that it is re-proposing a National Pollutant Discharge Elimination System (NPDES) General Permit for oil and gas geotechnical surveying and related activities in federal waters of the Chukchi Sea. Comments must be received by 15 September. 79 Fed. Reg. 48147 (August 15, 2014).

NOAA – NMS advisory councils

clip_image015 The National Oceanic and Atmospheric Administration (NOAA) seeks applications for vacant seats on seven of its 13 National Maritime Sanctuary (NMS) advisory councils and for the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Advisory Council. Applications should be received by 30 September. 79 Fed. Reg. 48125 (August 15, 2014).

USCG NVMC – NOAD picklist update

clip_image004[1] The USCG National Vessel Movement Center (NVMC) issued a notice stating that on or about 12 November an updated package of picklist reference files for use with Notices of Arrival and Departure (NOAD) will be released which incorporate various country and port changes. (8/15/14).

House – bill introduced re marine renewable energy research

clip_image017 Representative Deutch (D-FL) introduced the Marine and Hydrokinetic Renewable Energy Promotion Act of 2014 (H.R. 5335) to promote marine and hydrokinetic renewable energy research and development, and for other purposes. (7/31/14).

California – Sustainable Freight Strategy

clip_image019 The California Air Resources Board (ARB) issued a notice stating that public workshops will be held in Sacramento (September 11); Oakland (September 15); Fresno (September 16); Wilmington (September 23); and San Diego (September 24) to discuss development of the California Sustainable Freight Strategy. (8/13/14).

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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 – August 2014

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August 13th, 2014 at 10:34 am

Bryant’s Maritime Blog – 13 August 2014

Headlines:

Lower Mississippi River – multiple vessel incident;

USCG – suspension & revocation decision on appeal;

SHC – meeting;

UFAC – teleconference meeting;

USACE – EIS termination for wind farm;

NOAA – marine debris economics study;

Senate – bill introduced re ocean research for renewable energy;

House – bill introduced re tsunami warning;

Court – Carmack Amendment and true conversion;

Court – dual-listed company not subject to suit; and

Taiwan Strait – joint SAR drill.

August 13, 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. The search for intelligent life on the third planet continues.

Lower Mississippi River – multiple vessel incident

clip_image002 The US Coast Guard issued a news release stating that the cargo vessel Flag Gangos lost power and steering at Mile Marker 97.4 on the Lower Mississippi River near Gretna. It allided with the vessel Pamisos and the barge Web 235, both moored at the International Matex Tank Terminals conducting transfer operations. There have no reports of injury. The vessels and barge have sustained damage. The quantity of oil spilled has not been determined. Response efforts are underway. One-way traffic has been implemented in the vicinity. The incident is under investigation. (8/13/14).

USCG – suspension & revocation decision on appeal

clip_image004 The USCG Vice Commandant, in a decision on appeal, ruled that, in an action by the Coast Guard to suspend or revoke a merchant mariner’s credential for drug use, a prima facie case requires proof of compliance with the applicable regulations, including the reason that the drug test was conducted. In the instant case, a merchant mariner tested positive for cocaine metabolites during a drug test. The testing procedures complied with the regulations, but there was no evidence in the record indicting why the test was conducted by the mariner’s employer. The Coast Guard contended that the reason for the test was not an element of offense and evidence on that was not required. The decision on appeal found that a drug test under the regulations constitutes a search and seizure under the Fourth Amendment and thus must be done in a reasonable manner. Evidence from a drug test that has not been properly ordered cannot form the basis for a suspension and revocation proceeding. USCG v. Franks, No. 2704 (CDOA, July 30, 2014).

SHC – meeting

clip_image006 The Shipping Coordinating Committee (SHC), sponsored by the Department of State (DOS), will meet in Washington, DC on 9 September to prepare for the upcoming session of the IMO Facilitation Committee (FC 39). Topics on the agenda include e-business possibilities, ship/port interface, and minimum training and education for mooring personnel. 79 Fed. Reg. 47513 (August 13, 2014).

UFAC – teleconference meeting

clip_image008 The Airport and Seaport User Fee Advisory Committee (UFAC), sponsored by the US Customs and Border Protection (CBP), will conduct a teleconference meeting on 29 August. 79 Fed. Reg. 47474 (August 13, 2014).

USACE – EIS termination for wind farm

clip_image010 The US Army Corps of Engineers (USACE) issued a notice stating that it has terminated the process to develop an environmental impact statement (EIS) for the proposed Baryonyx Corporation offshore wind farm to be located in state waters of the Gulf of Mexico offshore Willacy and Cameron Counties, Texas at the request of the applicant. 79 Fed. Reg. 47442 (August 13, 2014).

NOAA – marine debris economics study

clip_image012 The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that it Marine Debris Economics Study shows that Southern California residents lose millions of dollars each year avoiding littered local beaches in favor of cleaner beaches that are further away and may cost more to reach. (8/12/14).

Senate – bill introduced re ocean research for renewal energy

clip_image014 Senator Begich (D-AK) introduced the Renewable Energy Environmental Research Act of 2014 (S. 2705) to establish, within the National Oceanic and Atmospheric Administration, an integrated and comprehensive ocean, coastal, Great Lakes, and atmospheric research and environmental information sharing program to support renewable energy, and for other purposes. Senator Begich issued a press release explaining the measure. (7/30/14).

House – bill introduced re tsunami warning

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Representative Bonamici (D-OR) introduced the Tsunami Warning, Education, and Research Act of 2014 (H.R. 5309) to authorize and strengthen the tsunami detection, forecast, warning, research, and mitigation program of the National Oceanic and Atmospheric Administration, and for other purposes. Representative Bonamici issued a press release explaining the measure. (7/31/14).

Court – Carmack Amendment and true conversion

clip_image018 The US Court of Appeals for the Third Circuit ruled that an allegation of “true conversion” by a carrier does not preemptive effect of the Carmack Amendment to proceedings under state law for losses occurring in interstate shipments. In the instant case, plaintiffs’ insured shipped goods via defendant motor carrier. The goods did not arrive and the insured suspected that the goods were possibly stolen by the carrier (“true conversion”) or by its employees. Plaintiffs brought action in federal court in a diversity action grounded in part on the state law concept of true conversion, making defendant fully liable for the loss. Defendant moved to dismiss, contending that any action based on state law was preempted by the Carmack Amendment. The district court and the appellate court agreed with the defendant that Congress in adopting the Carmack Amendment intended to fully preempt actions for interstate carrier liability based on state law. Certain Underwriters v. United Parcel Service, No. 13-4515 (3rd Cir., August 12, 2014). Note: Although this is not a maritime case, the principles addressed here equally apply in the maritime sphere.

Court – dual-listed company not subject to suit

clip_image020 The US Court of Appeals for the Eleventh Circuit ruled that a dual-listed company (DLC), such as Carnival Corporation & Carnival PLC, is not subject to federal court jurisdiction in a class action for maintenance and cure brought by foreign seafarers employed on cruise ships homeported in Florida. Plaintiff seafarers elected to bring suit against the DLC rather than against the entity with which they had employment contracts, hoping to attract more class members. In dismissing their suit, the appellate court held that the DLC is not incorporated (and thus not a corporation); that the DLC is not estopped from denying that it is a corporation because it induced no one to believe that it was; and it is not suable as a joint venture because a joint venture is also not subject to suit. Sabo v. Carnival Corporation, No. 13-11765 (11th Cir., August 12, 2014).

Taiwan Strait – joint SAR drill

clip_image022 clip_image024 The Maritime Safety Administration of the People’s Republic of China issued a news release stating that a joint search and rescue (SAR) drill was conducted in the Taiwan Strait with personnel from Taiwan. (8/12/14).

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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 – August 2014

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    logo11 OSRO - child of necessity

    In the July 2014 of Maritime Reporter and Engineering News, you can find my article entitled "OSRO - child of necessity". In the article, I discuss how the concept of the oil spill removal organization (OSRO) was developed and brought into being during the implementation process for the Oil Pollution Act of 1990 (OPA 90).