Assisting the maritime industry in regulatory compliance

Bryant's Maritime Consulting

November 24th, 2014 at 12:47 pm

Bryant’s Maritime Blog – 24 November 2014

Headlines:

Beaufort Sea – binational ecosystem study;

USCG – vessel sinks off Cap-Haitien;

USCG NVDC – e-billing for COD renewals;

California – diesel engines on commercial harbor craft;

California – large spark-ignition engines;

FMC – complaint filed against Ocean Trade Lines, Inc;

NTSB – mooring breakaway and allision;

Senate – bill introduce re critical infrastructure;

Senate – bill introduced re Inland Waterways Trust Fund;

Senate – bill introduced re incidental discharges;

Court – failure to allege elements of negligence;

IMO – Polar Code;

EUNAVFOR – Operation Atalanta continued through 2016;

Australia – fines for illegal garbage disposal;

Australia – contact with wharf; and

Singapore – online authentication of statutory certificates.

November 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. Having the right answer is valuable only if asked the right question.

Beaufort Sea – binational ecosystem study

clip_image004 clip_image006 The Bureau of Ocean Energy Management (BOEM) issued a press release [located at http://www.boem.gov/press11212014/ ] announcing that an award has been made for the binational Marine Arctic Ecosystem Study (MARES) to investigate the interrelationship among the physical, biological, chemical, and social science components of the Beaufort Sea ecosystem from Barrow, Alaska to the Mackenzie River delta in Canadian waters. (11/21/14).

USCG – vessel sinks off Cap-Haitien

clip_image008 The US Coast Guard issued a news release [located at http://www.uscgnews.com/go/doc/4007/2423646/ ] stating that the seven crew members of the coastal freighter Calypso were rescued when the vessel began taking on water while about 45 miles north of Cap-Haitien, Haiti. Soon thereafter, the vessel sank. (11/21/14).

USCG NVDC – e-billing for COD renewals

clip_image009 The USCG National Vessel Documentation Center (NVDC) issued a notice [located at http://www.uscg.mil/hq/cg5/nvdc/news/billing.pdf ] stating that it has launched a program designed to enroll customers in an automated e-billing program for Certificate of Documentation (COD) renewals. (11/21/14).

California – diesel engines on commercial harbor craft

clip_image011 The Environmental Protection Agency (EPA) issued a notice stating that it received an application from the California Air Resources Board (CARB) seeking authorization for recent amendments to its Commercial Harbor Craft (CHC) regulations. The EPA will hold a public meeting on 14 January 2015 regarding this application if it receives notification from any party that the party wishes to present oral testimony at the hearing. Written comments must be received by 16 February 2015. 79 Fed. Reg. 69842 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-24/pdf/2014-27807.pdf ] (11/24/14).

California – large spark-ignition engines

clip_image011[1] The Environmental Protection Agency (EPA) issued a notice stating that it received an application from the California Air Resources Board (CARB) seeking authorization for recent amendments to its large spark-ignition engine (LSI) regulations. The EPA will hold a public meeting on 14 January 2015 regarding this application if it receives notification from any party that the party wishes to present oral testimony at the hearing. Written comments must be received by 16 February 2015. 79 Fed. Reg. 69845 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-24/pdf/2014-27801.pdf ] (11/24/14).

FMC – complaint filed against Ocean Trade Lines, Inc

clip_image013 The Federal Maritime Commission (FMC) issued a notice stating that it has received a complaint alleging that Ocean Trade Lines, Inc., a non-vessel-operating common carrier (NVOCC), has violated the Shipping Act. 79 Fed. Reg. 69848 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-24/pdf/2014-27690.pdf ](11/24/14).

NTSB – mooring breakaway and allision

clip_image015 The National Transportation Safety Board (NTSB) posted the Marine Accident Brief of its investigation on the breakaway of the tanker Harbour Feature from its moorings and subsequent allision with the Sarah Mildred Long Bridge in Portsmouth, New Hampshire on 1 April 2013. The vessel and the bridge both sustained serious damage. The probable cause of the casualty was the inadequate mooring arrangement made by the master and the pilot for the vessel’s location and the prevailing tidal conditions. MAB-14/21 [located at http://www.ntsb.gov/doclib/reports/2014/MAB1421.pdf ] (11/21/14).

Senate – bill introduced re critical infrastructure

clip_image017 Senator Schumer (D-NY) introduced a bill (S. 2934) to prohibit trespassing on critical infrastructure used in or affecting interstate commerce to commit a criminal offense. (11/17/14).

Senate – bill introduced re Inland Waterways Trust Fund

clip_image017[1] Senator Casey (D-PA) introduced a bill (S. 2955) to revise the Inland Waterways Trust Fund financing rate. Official text of the bill is not yet available. (11/20/14).

Senate – bill introduced re incidental discharges

clip_image017[2] Senator Boxer (D-CA) introduced a bill (S. 2963) to remove a limitation on a prohibition relating to permits for discharges incidental to normal operation of vessels. Official text of the bill is not yet available. (11/20/14).

Court – failure to allege elements of negligence

clip_image019 In an unpublished decision, the US Court of Appeals for the Eleventh Circuit affirmed the dismissal with prejudice of a lawsuit brought by a passenger against a cruise line. Plaintiff alleged that she was injured in the bathroom facilities at Freeport Harbor, Bahamas when a bathroom sink dislodged and fell on her. The court found that plaintiff failed to allege that the cruise line had actual or constructive knowledge of the risk-creating condition ashore and failed to allege an agency relationship between the cruise line and the operators of the facility ashore. Moseley v. Carnival Corporation, No. 14-12928 (11th Cir., November 21, 2014) [located at http://media.ca11.uscourts.gov/opinions/unpub/files/201412928.pdf ].

IMO – Polar Code

clip_image021 The IMO issued a news release [located at http://www.imo.org/MediaCentre/PressBriefings/Pages/38-nmsc94polar.aspx#.VG8zBdLF98E ] stating that the operational safety provisions of the International Code for Ships Operating in Polar Waters (Polar Code) were adopted by the recent session of the Maritime Safety Committee (MSC 94). Those provisions are expected to enter into force on 1 January 2017. The next session of the Marine Environment Protection Committee (MEPC) will consider adoption of the environmental provisions of the Polar Code. (11/21/14).

EUNAVFOR – Operation Atalanta continued through 2016

clip_image023 The EUNAVFOR issued a press release [located at http://eunavfor.eu/eu-counter-piracy-operation-atalanta-extended-to-end-of-2016/ ] stating that the European Council has extended until 12 December 2016 the Operation Atalanta counter-piracy mission in waters off the coast of Somalia. (11/21/14).

Australia – fines for illegal garbage disposal

clip_image025 The Australian Maritime Safety Authority (AMSA) issued a media release [located at http://www.amsa.gov.au/media/documents/xx112014MediaReleaseGarbageProsecution.pdf ] the owner of bulk carrier Xin Tai Hai was fined $20,000 after pleading guilty of illegally discharging garbage in waters off Gladstone, Queensland on 13 June 2013. The master was fined $6,000 after pleading guilty to illegally discharging garbage and failing to record the discharge in the ship’s garbage record book. (11/21/14).

Australia – contact with wharf

clip_image025[1] The Australian Transport Safety Bureau (ATSB) issued a notice [located at http://www.atsb.gov.au/publications/investigation_reports/2014/mair/317-mo-2014-014.aspx ] stating that it has commenced an investigation into the contact with a wharf during the berthing of the bulk carrier Big Glory at Cape Flattery, Queensland on 20 November 2014. (11/21/14).

Singapore – online authentication of statutory certificates

clip_image027 The Singapore Maritime and Port Authority (MPA) issued a circular advising that its online authentication services for certificates issued by the Singapore Registry of Shipping has been expanded to include a wider range of statutory certificates. Shipping Circular 18-2014 [located at http://www.mpa.gov.sg/sites/circulars_and_notices/pdfs/shipping_circulars/sc_no_18_of_2014.pdf ] (11/21/14).

Join our mailing list

clip_image029 If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

clip_image030

clip_image032

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 – November 2014

clip_image034 Redistribution permitted with attribution

comments Comments (0)    -
November 21st, 2014 at 11:36 am

Bryant’s Maritime Blog – 21 November 2014

Headlines:

Gulf of Mexico – fatal explosion on platform;

TSA – TWIC EED process ending;

ITA – domestic dry containers from China;

USN – collision in Gulf of Aden;

NOAA – oil spill and nuclear power plant;

House – bill introduced re Homeland Security grants;

Senate – bill introduced re incidental discharges;

California – sustainable freight strategy;

UNCTAD – Review of Maritime Transport 2014; and

New Zealand – proposed regulatory changes.

November 21, 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. Having the right answer is valuable only if asked the right question.

Gulf of Mexico – fatal explosion on platform

clip_image004 The Bureau of Safety and Environmental Enforcement (BSEE) issued a press release [located at http://www.bsee.gov/BSEE-Newsroom/Press-Releases/2014/BSEE-Responds-to-Explosion-in-the-Gulf-of-Mexico/ ] stating that it is responding to an explosion on the Echo Platform in the Gulf of Mexico approximately 12 miles off the coast of Louisiana. One fatality and three injuries have been reported. The platform was not in production at the time and there have been no reports of pollution. (11/20/14).

TSA – TWIC EED process ending

clip_image006 The Transportation Security Administration (TSA) issued a notice [located at http://www.tsa.gov/stakeholders/transportation-worker-identification-credential-twic%C2%AE ] stating that the opportunity to obtain an Extended Expiration Date (EED) Transportation Worker Identification Card (TWIC) ends this year. After 31 December 2014, current TWIC holders will no longer be able to obtain a replacement card extending the expiration date of their current TWIC by three years, but must instead go through the normal TWIC renewal process. (11/20/14).

ITA – domestic dry containers from China

clip_image008 The International Trade Administration (ITA) issued a Fact Sheet [located at http://enforcement.trade.gov/download/factsheets/factsheet-prc-53ft-domestic-dry-containers-ad-prelim-112014.pdf ] announcing its affirmative preliminary determination in the antidumping duty (AD) investigation of imports of 53-foot domestic dry containers from the People’s Republic of China. It has been preliminarily determined that domestic dry containers from China have been sold in the United States at dumping margins ranging from 24.27% to 153.24%. As a result of the preliminary affirmative determination, Commerce will instruct US Customs and Border Protection (CBP) to require cash deposits based on these preliminary rates. Commerce is scheduled to announce its final determination on or about 6 April 2015. If Commerce makes an affirmative final determination and the International Trade Commission (ITC) concurs that imports of domestic dry containers from China materially injure, or threaten material injury to, the domestic industry, Commerce will issue an AD order. (11/20/14).

USN – collision in Gulf of Aden

clip_image010 The US Navy issued a news release [located at http://www.navy.mil/submit/display.asp?story_id=84533 ] stating that the supply ships USNS Amelia Earhart (T-AKE 8) and USNS Walter S. Diehl (T-AO 193) collided as they were beginning an underway replenishment operation in the Gulf of Aden. There was only minor damage and both ships are continuing their assigned missions. The incident is under investigation. (11/20/14).

NOAA – oil spill and nuclear power plant

clip_image012 The NOAA Office of Response and Restoration posted an article [located at http://usresponserestoration.wordpress.com/2014/11/19/when-the-dynamics-of-an-oil-spill-shut-down-a-nuclear-power-plant/ ] regarding its efforts when a nuclear power plant located on the shore of the Delaware River was impacted by the 2004 oil spill from the tanker Athos I. (11/19/14).

House – bill introduced re Homeland Security grants

clip_image014 Representative Payne (D-NJ) introduced a bill (H.R. 5744) to amend the Homeland Security Act of 2002 to require recipients of State Homeland Security Grant Program funding to preserve and strengthen interoperable emergency communications capabilities, and for other purposes. Official text of the bill is not yet available. (11/19/14).

Senate – bill introduced re incidental discharges

clip_image016 Senator Rubio (R-FL) introduced a bill (S. 2943) to amend Public Law 110-299 to extend the time period during which permits are not required for certain discharges incidental to the normal operation of vessels. Official text of the bill is not yet available. (11/19/14).

California – sustainable freight strategy

clip_image018 The California Air Resources Board (ARB) posted a notice [located at http://www.arb.ca.gov/lispub/comm/bclist.php ] stating that it will hold a public meeting on 18 December in Sacramento to, among other things, hear an update on the Development of the California Sustainable Freight Strategy. (11/20/14).

UNCTAD – Review of Maritime Transport 2014

clip_image020 The United Nations Conference on Trade and Development (UNCTAD) posted its Review of Maritime Transport 2014 [located at http://unctad.org/en/pages/PublicationWebflyer.aspx?publicationid=1068 ]. The review includes a special chapter on challenges faced by the world’s Small Island Developing States (SIDS). (11/20/14).

New Zealand – proposed regulatory changes

clip_image022 Maritime New Zealand (MNZ) posted a notice [located at http://www.maritimenz.govt.nz/Consultation/International-omnibus/default.asp ] stating that it seeks comments on the proposed Omnibus Maritime and Marine Protection Rules IMO-related Amendments 2015, intended to ensure that its rules reflect changes to conventions to which New Zealand is a party. Comments must be received by 19 December. (11/20/14).

Join our mailing list

clip_image024 If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

clip_image025

clip_image027

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 – November 2014

clip_image029 Redistribution permitted with attribution

comments Comments (0)    -
November 20th, 2014 at 12:22 pm

Bryant’s Maritime Blog – 20 November 2014

Headlines:

Boston – security zone proposed;

USACE – Great Lakes-Mississippi River Interbasin;

DOE – Freeport LNG expansion ROD;

St. Lawrence Seaway – closing of 2014 Navigation Season; and

Singapore – DNV GL appointed as RO.

November 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. Having the right answer is valuable only if asked the right question.

Boston – security zone proposed

clip_image004 The US Coast Guard proposes to establish a permanent security zone on waters in the vicinity of the John Joseph Moakley United States Courthouse in Boston. The security zone would only be activated for enforcement during certain high visibility events at the Courthouse. Comments on the proposal should be submitted by 22 December. 79 Fed. Reg. 69078 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27160.pdf ] (11/20/14).

USACE – Great Lakes-Mississippi River Interbasin

clip_image006 The US Army Corps of Engineers (USACE) issued a notice stating that it intends to prepare a draft environmental impact statement (EIS) evaluating the aquatic nuisance species controls of the Great Lakes-Mississippi River Interbasin near Brandon Road Lock and Dam. Public scoping meetings will be held in Lemont (6 December) and Chicago (9 December). Written comments must be submitted by 16 January 2015. 79 Fed. Reg. 69099 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27531.pdf ] (11/20/14).

DOE – Freeport LNG expansion ROD

clip_image008 The Department of Energy (DOE) issued a notice announcing the Record of Decision (ROD) and Floodplain Statement of Findings for the Freeport LNG Expansion, LP export application. 79 Fed. Reg. 691013 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27486.pdf ] (11/20/14).

St. Lawrence Seaway – closing of 2014 Navigation Season

clip_image010 The Great Lakes-St. Lawrence Seaway System issued a notice announcing that vessels will be allowed to transit the Montreal-Lake Ontario section of the Seaway up to 1600 hours on 31 December, weather and operating conditions permitting. Seaway Notice 11-2014 [located at http://www.greatlakes-seaway.com/en/pdf/navigation/notice20141119.pdf ] (11/19/14).

Singapore – DNV GL appointed as RO

clip_image012 The Singapore Maritime and Port Authority (MPA) issued a circular informing stakeholders that it has appointed and authorized DNV GL as a Recognized Organization (RO) to carry out statutory certification, survey, inspection, and audit services on behalf of the Government of the Republic of Singapore. Shipping Circular 17-2014 [located at http://www.mpa.gov.sg/sites/circulars_and_notices/pdfs/shipping_circulars/sc_no_17_of_2014.pdf ] (11/19/14).

Join our mailing list

clip_image014 If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

clip_image015

clip_image017

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 – November 2014

clip_image019 Redistribution permitted with attribution

comments Comments (0)    -
November 19th, 2014 at 12:17 pm

Bryant’s Maritime Blog – 19 November 2014

Headlines:

USCG & EPA – ECA enforcement;

MARAD – Ebola advisory;

MARAD – Cutting Edge Green Project award;

ITA – Ports & Marine Technology Trade Mission to India;

NTSB – FAA can regulate drones;

Senate – bill introduced re critical infrastructure;

Senate – bill introduced to exempt old vessels;

UN – Resolution re piracy off Somalia;

UK – provision of food and water; and

Prestige sinking and oil spill – 19 November 2002.

November 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. Having the right answer is valuable only if asked the right question.

USCG & EPA – ECA enforcement

clip_image004 clip_image006 The US Coast Guard posted a notice [located at http://www.brymar-consulting.com/wp-content/uploads/Misc/ECA_enforcement_141118.pdf ] stating that it and the Environmental Protection Agency (EPA) will soon take action to ensure compliance with the forthcoming 0.10% fuel sulphur limits in the North American and US Caribbean Sea Emission Control Areas (ECAs), which come into effect on 1 January 2015. In addition to checking Bunker Delivery Notes and related records, the agencies are developing plans for joint boardings that will include fuel oil sampling and in-the-field screening for sulphur levels. (11/18/14).

MARAD – Ebola advisory

clip_image008 The Maritime Administration (MARAD) issued an advisory providing guidance to vessel and port operators that visit or receive vessels transiting from West African nations affected by Ebola. Advisory 2014-03 [located at http://www.marad.dot.gov/news_room_landing_page/maritime_advisories/advisory/advisory_2014-03.htm ] (11/13/14).

MARAD – Cutting Edge Green Project award

clip_image009 The Maritime Administration (MARAD) issued a news release [located at http://www.marad.dot.gov/news_room_landing_page/news_releases_summary/news_release/MARAAD_Awards_AEPnews_release.htm ] announcing that it awarded a $450,000 Cutting Edge Green Project award to AEP Rivers Operations of St. Louis to modify the MV Christopher Parsonage into a fuel-efficient hybrid vessel with a hybrid generator set attached to the main engine that will provide auxiliary power, which would normally be produced from the diesel generator. (11/14/14).

ITA – Ports & Marine Technology Trade Mission to India

clip_image011 The International Trade Administration (ITA) issued a notice stating that the period within which to apply for participation in the India Ports and Marine Technology Trade Mission to India has been extended to 21 November. A second optional stop to the eastern port of Visakhapatnam (Vizag) has been added. 79 Fed. Reg. 68393 [located at ] (11/19/14).

NTSB – FAA can regulate drones

clip_image013 clip_image015 The National Transportation Safety Board (NTSB) issued a news release [located at http://www.ntsb.gov/news/2014/141118.html ] stating that the Board has remanded the case of FAA Administrator v. Pirker back to the NTSB administrative law judge (ALJ). The Federal Aviation Administration (FAA) had assessed a $10,000 civil penalty against the respondent for allegedly operating an unmanned aircraft (drone) in a reckless manner. The respondent appealed and the ALJ initially compared the drone to a model aircraft and determined that the FAA had not enacted an enforceable regulation regarding such aircraft. In reversing and remanding the determination, the Board ruled that the FAA may apply the regulation that prohibits operation of an aircraft in a careless or reckless manner to unmanned aircraft. The ALJ has been instructed to review evidence to determine whether the operation of the drone was careless or reckless. (11/18/14). Note: Although not directly a maritime case, drones are being used increasingly in the maritime environment. This decision will impact such use, at least in the United States.

Senate – bill introduced re critical infrastructure

clip_image017 Senator Schumer (D-NY) introduced a bill (S. 2934) to prohibit trespassing on critical infrastructure used in or affecting interstate commerce to commit a criminal offense. Official text of the bill is not yet available. (11/17/14).

Senate – bill introduced to exempt old vessels

clip_image017[1] Senator Brown (D-OH) introduced a bill (S. 2924) [located at http://www.gpo.gov/fdsys/pkg/BILLS-113s2924is/pdf/BILLS-113s2924is.pdf ] to amend title 46, United States Code, to exempt old vessels that only operate within inland waterways from the fire-retardant materials requirement if the owners of such vessels make annual structural alterations to at least 10 percent of the areas of the vessels that are not constructed of fire-retardant materials. (11/13/14).

UN – Resolution re piracy off Somalia

clip_image019 The United Nations Security Council adopted Resolution 2184 (2014) [located at http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2184%20(2014) ] reaffirmed its position with regard to the eradication of piracy and armed robbery at sea in waters off the coast of Somalia and urged States to continue efforts in this direction. (11/12/14).

UK – provision of food and water

clip_image021 The UK Maritime & Coastguard Agency (MCA) issued a Marine Guidance Note (MGN) providing practical advice on the provision of food and water for all UK non-Maritime Labour Convention merchant ships and all UK fishing vessels. MGN 525 (M+F) [located at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/376024/mgn_525.pdf ] (11/18/14).

Prestige sinking and oil spill – 19 November 2002

clip_image023 On 19 November 2002, the single-hull Aframax tanker PRESTIGE broke in two and sank in waters of the North Atlantic off the northwest coast of Spain. It had been carrying a cargo of 77,000 metric tons of heavy fuel oil from Russia and Latvia to Singapore when it encountered heavy weather on 13 November. It suffered structural failures and developed a substantial list. A distress call was made to Spanish authorities. The crew was evacuated shortly before the ship broke up. Much of the oil onboard was spilled immediately, and much of that came ashore on the beaches of Spain and Portugal and, to a lesser extent, France. Oil that remained onboard the wreck slowly seeped out and also came ashore. Remotely operated vehicles (ROVs) were used to remove much of the remaining oil. In the aftermath, the European Union tightened its marine environmental protection regulations and pressed the International Maritime Organization (IMO) to take action. The phase-out dates for single-hull oil tankers were accelerated and restrictions were placed on the carriage of heavy fuel oil as cargo in single-hull tankers. In a major miscarriage of justice, the master of the Prestige was arrested and held in Spain for an inordinate period on charges of impeding the movement of the tanker during the crisis. The Kingdom of Spain brought suit against the American Bureau of Shipping for negligent classification of the tanker. The suit was eventually dismissed for lack of evidence. The criminal trial in Spain of the master and various others eventually ended with the master convicted of disobeying an order issued by the Spanish government.

Join our mailing list

clip_image025 If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

clip_image026

clip_image028

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 – November 2014

clip_image030 Redistribution permitted with attribution

comments Comments (0)    -
November 18th, 2014 at 12:47 pm

Bryant’s Maritime Blog – 18 November 2014

Headlines:

FMC – congestion surcharges;

USCG – cybersecurity and ICS malware;

USCG – Inland Navigation Rules;

DOJ – chief engineer pleads guilty;

DOI – renewable energy transmission ROW;

IMO – reducing risk of Ebola virus disease;

Paris MOU – MLC enforcement results; and

New Zealand – marine oil spill response strategy.

November 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. Having the right answer is valuable only if asked the right question.

FMC – congestion surcharges

clip_image004 The Federal Maritime Commission (FMC) issued a notice [located at http://www.fmc.gov/congestion-surcharges-11-2014/ ] regarding “congestion surcharges” being implemented by ocean carriers. The agency notes that, unless done pursuant to a waiver or exemption, any tariff rule (including surcharges) of a common carrier that results in an increase cost to a shipper may not be effective earlier than 30 days after publication. The rules applicable to any given shipment shall be those in effect on the date the cargo was received by the common carrier or his agent. (11/17/14).

USCG – cybersecurity and ICS malware

clip_image006 The US Coast Guard issued a notice [located at http://www.brymar-consulting.com/wp-content/uploads/Misc/ICS_141117.pdf ] reminding stakeholders of an ongoing sophisticated malware campaign targeting industrial control systems (ICSs) [e.g., electronic control systems that control physical processes, including ship navigation and communication systems]. Vessel and facility operators should keep their cybersecurity protections current and report cyber incidents. (11/17/14).

USCG – Inland Navigation Rules

clip_image006[1] The US Coast Guard promulgated a rule making non-substantive changes to the Inland Navigation Rules. The amendments come into effect immediately. 79 Fed. Reg. 68619 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-18/pdf/2014-27257.pdf ] (11/18/14).

DOJ – chief engineer pleads guilty

clip_image008 The Department of Justice (DOJ) issued a news release [located at http://www.justice.gov/opa/pr/chief-engineer-car-carrier-vessel-pleads-guilty-obstruction-justice-marine-oil-pollution-case ] stating that the former chief engineer of the car carrier Selene Leader pleaded guilty in federal court to obstruction of justice and violating the Act to Prevent Pollution from Ships by, among other things, falsifying the ship’s oil record book (ORB). Sentencing is scheduled for 20 February 2015. (11/14/14).

DOI – renewable energy transmission ROW

clip_image010 The Department of the Interior (DOI) issued a press release [located at http://www.doi.gov/news/pressreleases/interior-offers-first-right-of-way-for-renewable-energy-transmission-in-federal-waters.cfm ] the first federal right of way (ROW) grant for renewable energy transmission in federal waters has been issued to Deepwater Wind Block Island Transmission System, LLC for the Block Island Transmission System. The system will entail installation of a bi-directional submerged transmission cable between Block Island and the Rhode Island mainland. Power from the offshore Block Island Wind Farm will be transmitted to Rhode Island and power from the Rhode Island grid will be transmitted to Block Island. (11/17/14).

IMO – reducing risk of Ebola virus disease

clip_image012 The Indian Directorate General of Shipping (DGS) issued a notice forwarding an IMO Circular Letter regarding use of maritime security measures to reduce the risk of spreading Ebola virus disease. MS Notice 21-2014 [located at http://dgshipping.gov.in/WriteReadData/News/201411170316567676772note21_2014_nt.pdf ] (11/17/14).

Paris MOU – MLC enforcement results

clip_image014 The Paris MOU issued a press release [located at https://www.parismou.org/system/files/20141117%20Press%20release%20MLC%20first%20year%20%28final%29.pdf ] stating that its member states detained 113 ships for Maritime Labour Convention (MLC) deficiencies during the first year of MLC enforcement. This represents 17.4% of all detentions in the Paris MOU during this period. (11/17/14).

New Zealand – marine oil spill response strategy

clip_image016 Maritime New Zealand (MNZ) issued its updated Marine Oil Spill Response Strategy [located at http://www.maritimenz.govt.nz/Environmental/Responding-to-spills-and-pollution/Response-strategy.asp ]. The purpose of the strategy is to describe actions to be taken and by whom in response to a marine oil spill, to promote a standard and coordinated national readiness and response system, and to provide MNZ with a strategic intent and direction to shape how New Zealand maintains and enhances its preparation for readiness and response to marine oil spills. (11/17/14).

Join our mailing list

clip_image018 If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

clip_image019

clip_image021

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 – November 2014

clip_image023 Redistribution permitted with attribution

comments Comments (0)    -
November 17th, 2014 at 12:56 pm

Bryant’s Maritime Blog – 17 November 2014

Headlines:

Georgia/Florida – North Atlantic Right Whale Season;

Oakland Estuary – containers adrift;

Lake Michigan – temporary RNA;

FERC – Jordan Cove LNG Project;

DOE – export authorization for Freeport LNG;

Court – cruise ship medical treatment;

Australia – CPP failure leads to allision;

Ireland – recovery of persons from the water; and

Suez Canal opened to shipping – 17 November 1869.

November 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. Having the right answer is valuable only if asked the right question.

Georgia/Florida – North Atlantic Right Whale Season

clip_image004 USCG Sector Jacksonville issued a Marine Safety Information Bulletin reminding mariners that the 2014-2015 North Atlantic Right Whale Season has commenced for coastal waters of southern Georgia and northern Florida out to 30 miles offshore. During the Season, which runs through 15 April 2015, commercial vessels displacing 300 gross tons and greater are required to report when they enter the WHALESOUTH Reporting Area. In addition, vessels of 65 feet length or greater within the reporting area may not operate at greater than ten (10) knots. Vessels may not approach within 500 yards of a right whale. Vessels entering or departing the ports of Brunswick, Fernandina, or Jacksonville are requested to use the recommended two-way routes. MSIB 101-14 [located at http://jmtxweb.org/Library/CG%20Docs/MSIB%20101-14%202014-2015%20North%20Atlantic%20Right%20Whale%20Season.pdf ] (11/15/14).

Oakland Estuary – containers adrift

clip_image004[1] The US Coast Guard issued a news release [located at http://www.uscgnews.com/go/doc/4007/2420314/ ] stating that a safety zone has been established in the Oakland Estuary after three shipping containers fell into the water during unloading of the container ship NYK Aquarius. The drifting containers have been pushed alongside a dock for recovery by a crane. (11/16/14).

Lake Michigan – temporary RNA

clip_image005 The US Coast Guard has established, through 31 March 2015, a temporary regulated navigation area on waters of Lake Michigan within five nautical miles from shore between the Chicago Harbor Lock and Calumet Harbor to allow barges to transit on an alternate route during the temporary closure of the Thomas J. O’Brien Lock on the Calumet River. 79 Fed. Reg. 68366 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-17/pdf/2014-27168.pdf ] (11/17/14).

FERC – Jordan Cove LNG Project

clip_image007 The Federal Energy Regulatory Commission (FERC) seeks comments on the draft environmental impact statement (EIS) for the proposed Jordan Cove LNG and Pipeline Projects. Comments must be received by 13 February 2015. 79 Fed. Reg. 68433 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-17/pdf/2014-27053.pdf ] (11/17/14).

DOE – export authorization for Freeport LNG

clip_image009 The Department of Energy (DOE) issued a news release [found at http://www.energy.gov/articles/energy-department-authorizes-freeport-lng-export-liquefied-natural-gas ] stating that it issued two final authorizations for Freeport LNG Expansion and FLNG Liquefaction to export domestically produced liquefied natural gas (LNG) to countries that do not have a Free Trade Agreement with the United States. (11/14/14).

Court – cruise ship medical treatment

clip_image011 The US Court of Appeals for the Eleventh Circuit ruled that summary judgment is premature where plaintiff has adequately pled all the elements of both actual agency and apparent agency. In the instant case, plaintiff’s decedent died after falling on one of defendant’s cruise ships and was treated by the onboard doctor and nurse. The court refused to apply, within the Eleventh Circuit, the long-standing rule that a passenger carrier is not liable to a sick or injured passenger for malpractice committed by a ship’s doctor. Franza v. Royal Caribbean Cruises, No. 13-13067 (11th Cir., November 10, 2014). Note: The importance of this case was brought to my attention by my good friend Lindsey Brock of Rumrell McLeod & Brock.

Australia – CPP failure leads to allision

clip_image013 The Australian Transport Safety Bureau (ATSB) issued the report of its investigation of the machinery failure on the general cargo ship HC Rubina and subsequent contact with the wharf at Brisbane on 29 October 2013. The control system for the ship’s controllable pitch propeller (CPP) failed before the ship left port en route Australia. During the voyage, the propeller’s pitch was operated manually from a local control station in the engine room. As the ship was entering the port of Brisbane failure of a flexible coupling for the shaft alternator providing power to the bow thruster resulted in smoke filling the after portion of the engine room. This forced the engineer controlling the propeller pitch to leave the local control station, meaning the propeller pitch was no longer controlled and the ship made contact with the wharf. Investigation revealed that the shipboard planned maintenance system was inadequate and that the defective propeller pitch control was not reported as required. MO-2013-12 [located at http://www.atsb.gov.au/media/5170821/mo-2013-012-_final.pdf ] (11/14/13).

Ireland – recovery of persons from the water

clip_image015 The Irish Department of Transport, Tourism and Sport issued a notice reminding owners, operators, and masters of cargo ships over 500 gross tonnage and all passenger ships on international voyages of the requirement to develop ship-specific plans and procedures for recovery of persons from the water. Marine Notice 64-2014 [located at http://dttas.ie/sites/default/files/MN64of2014_RecoveryofPersonsfromtheWater.pdf ] (11/13/14).

Suez Canal opened to shipping – 17 November 1869

clip_image017 The Suez Canal opened to shipping on 17 November 1869. Excavation of the Canal had taken ten years, using forced labor and rudimentary mechanical equipment. Construction had been opposed by British interests, who feared competition in trade with India. Once the Canal opened and proved successful, British interests acquired a majority ownership. The Canal was closed to shipping during the Suez Crises of 1956-57 and during the Arab-Israeli Wars of 1967 and 1973. In 2008, over 21,000 ships transited the Canal, earning the Government of Egypt over $5 billion in tolls. Plans have been developed for construction of a second lane to the Canal.

Join our mailing list

clip_image019 If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

clip_image020

clip_image022

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 – November 2014

clip_image024 Redistribution permitted with attribution

comments Comments (0)    -
November 14th, 2014 at 1:31 pm

Bryant’s Maritime Blog – 14 November 2014

Headlines:

US & Kiribati – research & conservation activities;

NOAA – Ocean Exploration Advisory Board;

USCG – liquid chemical categorization update delay;

DOT – GPS adjacent band compatibility;

Court – tankermen exempt from FLSA overtime provisions;

EU – marine survey by Turkey condemned;

ReCAAP – October report;

New Zealand – regulatory consultation;

Panama Canal – October operations;

Singapore – bunker supply;

UK – OREIs and shipping; and

UK – OREIs – emergency planning.

November 14, 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. Having the right answer is valuable only if asked the right question.

US & Kiribati – research & conservation activities

clip_image004 clip_image006 The Department of the Interior (DOI) issued a press release [located at http://www.doi.gov/news/pressreleases/united-states-and-kiribati-sign-historic-cooperative-arrangement-to-protect-vital-marine-habitat-in-the-pacific.cfm ] announcing that a Cooperative Arrangement has been initiated with the Republic of Kiribati to coordinate and jointly support research and conservation activities for nearly 490,000 square nautical miles in the US Pacific Remote Islands Marine National Monument and the Phoenix Islands Protected Area of Kiribati. (11/13/14).

NOAA – Ocean Exploration Advisory Board

clip_image008 The National Oceanic and Atmospheric Administration (NOAA) issued a news release [located at http://research.noaa.gov/News/NewsArchive/LatestNews/TabId/684/ArtMID/1768/ArticleID/10904/NOAA-establishes-new-panel-to-guide-ocean-exploration-.aspx ] announcing the appointment of 13 members to a new federal Ocean Exploratory Advisory Board that will provide guidance to NOAA and the nation of ocean exploration. (11/13/14).

USCG – liquid chemical categorization update delay

clip_image010 The US Coast Guard is delaying for an additional two years (until 16 January 2017) the effective date of its 2013 interim rule, which updates and revises tables that list liquid hazardous materials, liquefied gases, and compressed gases that have been approved by the Coast Guard and the IMO for maritime transportation in bulk. The tables also indicate how the pollution potential of each substance has been categorized. 79 Fed. Reg. 68131 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-14/pdf/2014-26920.pdf ] (11/14/14).

DOT – GPS adjacent band compatibility

clip_image012 The Department of Transportation (DOT) is hosting the Global Positioning System (GPS) Adjacent Band Compatibility Assessment Workshop II in El Segundo, California on 4 December. 79 Fed. Reg. 68345 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-14/pdf/2014-26974.pdf ] (11/14/14).

Court – tankermen exempt from FLSA overtime provisions

clip_image014 The US Court of Appeals for the Fifth Circuit ruled that vessel-based tankermen who loaded and unloaded cargoes on their vessels were performing seaman work, making them exempt for the overtime provisions of the Fair Labor Standards Act (FLSA). Plaintiff tankermen brought suit, claiming entitlement to overtime pay for work performed in loading and unloading their vessels. The district court denied defendant vessel owner’s motion for summary judgment, holding that loading and unloading a vessel is nonseaman work, making plaintiffs eligible for overtime pay. Defendant appealed and the appellate court reversed. Coffin v. Blessey Marine Services, No. 13-20144 (5th Cir., November 13, 2014) [located at http://www.ca5.uscourts.gov/opinions/pub/13/13-20144-CV0.pdf ].

EU – marine survey by Turkey condemned

clip_image016 The European Parliament issued a press release [located at http://www.europarl.europa.eu/news/en/news-room/content/20141110IPR78127/html/MEPs-call-on-Turkey-to-stop-provocations-in-Cyprus%E2%80%99-exclusive-economic-zone ] stating that Members of the European Parliament (MEPs) condemned Turkey’s “marine survey” activities as encroaching upon the Republic of Cyprus’s exclusive economic zone (EEZ). (11/13/14).

ReCAAP – October report

clip_image018 The ReCAAP Information Sharing Centre issued its Report for October 2014 [located at http://www.recaap.org/Portals/0/docs/Reports/2014/ReCAAP_ISC_October_2014_Report(Open).pdf ]. There has been an increase in the number of incidents reported, the bulk of which were petty thefts. (11/13/14).

New Zealand – regulatory consultation

clip_image020 Maritime New Zealand opened a consultation [located at http://www.maritimenz.govt.nz/Consultation/Rule-amendments-2015/default.asp ] on draft new maritime rules and marine protection rules to correct minor errors in the current rules. Comments on the draft should be submitted by 11 December. (11/13/14).

Panama Canal – October operations

clip_image022 The Panama Canal Authority (ACP) issued an advisory summarizing Canal operations during October. It also includes the schedule of locks maintenance work for the remainder of the fiscal year. Advisory 24-2014 [located at http://www.pancanal.com/common/maritime/advisories/2014/a-24-2014.pdf ] (11/7/14).

Singapore – bunker supply

clip_image024 The Singapore Maritime and Port Authority (MPA) issued a news release [located at http://www.mpa.gov.sg/sites/global_navigation/news_center/mpa_news/mpa_news_detail.page?filename=nr141111.xml ] stating that it is working with local stakeholders to ensure that there will be minimal disruption to bunker supply in the Port of Singapore despite the recent announcements by OW Bunker A/S. (11/11/14).

UK – OREIs and shipping

clip_image026 The UK Maritime and Coastguard Agency (MCA) issued guidance [located at https://www.gov.uk/offshore-renewable-energy-installations-impact-on-shipping ] regarding the impact on shipping of offshore renewable energy installations (OREIs). It recommends steps that may be taken in the planning, construction, and operation of OREIs to reduce potential conflicts with shipping, as well as navigation and voyage planning measures that vessels should adopt. (11/12/14).

UK – OREIs – emergency planning

clip_image026[1] The UK Maritime and Coastguard Agency (MCA) issued guidance [located at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371636/Offshore_Renewable_Energy_Installations_4_11_14.pdf ] containing information relating to emergency response planning for offshore renewable energy installations (OREIs) in UK waters and requirements for SAR helicopter operations in and around OREIs. (11/4/14).

Join our mailing list

clip_image028 If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

clip_image029

clip_image031

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 – November 2014

clip_image033 Redistribution permitted with attribution

comments Comments (0)    -
November 13th, 2014 at 11:43 am

Bryant’s Maritime Blog – 13 November 2014

Headlines:

USCG – emergency systems;

Carquinez Strait – safety zone;

FWS – coral species;

Puget Sound/Georgia Basin – critical habitat;

Florida – navigation needs assessments;

USCG NVMC – NOAD & OCS NOA workbooks released;

USCG NVMC – NOAD InfoPath Template 6.3.0;

USCG NVMC – Picklist updates;

MARAD – Port Planning & Investment Toolkit;

MARAD – extension of VISA program;

MARAD – portable foam applicators;

FERC – Jordan Cove LNG project;

EPA – marine repower projects;

DOJ – government contracting violations;

Court – cruise ship medical treatment;

IMO – MSC 94 agenda;

Panama Canal – final shipment of lock gates arrive; and

Yarmouth Castle fire & sinking – 13 November 1965.

November 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. Having the right answer is valuable only if asked the right question.

USCG – emergency systems

clip_image004 The US Coast Guard issued a safety alert reminding stakeholders of the importance of: 1) designing and maintaining emergency systems to be logical and easily operated in high stress situations; 2) maintaining a high level of crew familiarity with emergency systems; and 3) exercising safeguards during testing to mitigate the risk of human error or system malfunction. Safety Alert 15-14 [located at http://www.uscg.mil/hq/cg5/cg545/alerts/1514.pdf ] (11/12/14).

Carquinez Strait – safety zone

clip_image005 The US Coast Guard promulgated a rule establishing a temporary safety zone in waters of Carquinez Strait near Martinez, California in support of a cable repair operation. The safety zone is in effect through 5 December. 79 Fed. Reg. 67353 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-13/pdf/2014-26754.pdf ] (11/13/14).

FWS – coral species

clip_image007 The Fish & Wildlife Service (FWS) issued a final rule adding twenty (20) coral species to the list of endangered and threatened wildlife. 79 Fed. Reg. 67356 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-13/pdf/2014-26893.pdf ] (11/13/14).

Puget Sound/Georgia Basin – critical habitat

clip_image009 The National Oceanic and Atmospheric Administration (NOAA) issued a final rule designating critical habitat in Puget Sound and the Georgia Basin for distinct population segments of yellow rockfish, canary rockfish, and Boccaccio. The rule comes into effect on 11 February 2015. 79 Fed. Reg. 68041 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-13/pdf/2014-26558.pdf ] (11/13/14).

Florida – navigation needs assessments

clip_image005[1] The US Coast Guard issued a news release [located at http://www.uscgnews.com/go/doc/4007/2417042/ ] stating that it seeks public input regarding current navigation through three existing drawbridges: one crossing the New River in Ft. Lauderdale; one crossing the Loxahatchee River in Jupiter; and one crossing the St. Lucie River in Stuart. Public meetings will be held in Hollywood (12 November); Stuart (13 November); and Jupiter (14 November). Comments may also be submitted by mail. (11/11/14).

USCG NVMC – NOAD & OCS NOA workbooks released

clip_image010 The USCG National Vessel Movement Center (NVMC) issued a notice [located at http://www.nvmc.uscg.gov/NVMC/News.aspx?newsId=24B9EEF9-5EDA-4ADF-8016-7645C8C2FEE3 ] stating that the Notice of Arrival and Departure (NOAD) workbook version 7.4 and the Outer Continental Shelf (OCS) NOA workbook 1.4 have been released. (11/12/14).

USCG NVMC – NOAD InfoPath Template 6.3.0

clip_image010[1] The USCG National Vessel Movement Center (NVMC) issued a notice [located at http://www.nvmc.uscg.gov/NVMC/News.aspx?newsId=460917E0-BA38-4DC6-B78A-F09CA848F912 ] stating that the Notice of Arrival and Departure (NOAD) Template Version 6.3.0 for Microsoft InfoPath is available for download. (11/12/14).

USCG NVMC – picklist updates

clip_image004[1] The USCG National Vessel Movement Center (NVMC) issued a notice [located at http://www.nvmc.uscg.gov/NVMC/News.aspx?newsId=284583F9-C029-433D-AF86-884B851CBAFF ] stating that an updated package of picklist XML files for use by third-party developers has been released that incorporates various country, port, agency, and RSO changes. (11/12/14).

MARAD – Port Planning & Investment Toolkit

clip_image012 The Maritime Administration (MARAD) posted its Port Planning and Investment Toolkit [located at http://www.marad.dot.gov/ports_landing_page/StrongPorts/Port_Planning_Investment_Toolkit/port_planning_investment_toolkit.htm ]. Developed in cooperation with the American Association of Port Authorities (AAPA), the toolkit addresses planning, funding, and executing projects. (11/12/14).

MARAD – extension of VISA program

clip_image013 The Maritime Administration (MARAD) issued a news release [located at http://www.marad.dot.gov/news_room_landing_page/news_releases_summary/news_release/MARADVISA_item_summary.htm ] stating that the Voluntary Intermodal Sealift Agreement (VISA) program has been extended until 1 October 2019. (11/7/14).

MARAD – portable foam applicators

clip_image014 The Maritime Administration’s training video concerning portable foam applicators has been posted on the internet. (11/12/14).

FERC – Jordan Cove LNG project

clip_image016 The Federal Energy Regulatory Commission (FERC) issued a news release [located at http://www.ferc.gov/industries/gas/enviro/eis/2014/11-07-14-eis.asp ] stating that it seeks comments on the draft environmental impact statement (EIS) for the Jordan Cove Liquefaction and Pacific Connector Pipeline Projects. Comments must be received by 13 February 2015. (11/7/14).

EPA – marine repower projects

clip_image018 The Environmental Protection Agency (EPA) issued a news release [located at http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/d8c66802a3c1632985257d8e005999ce!OpenDocument ] stating that it awarded $495,000 to fund two marine repower projects in Massachusetts. The projects involve the repowering of one tugboat and two commercial lobster boats with clean diesel engines. (11/12/14).

DOJ – government contracting violations

clip_image020 The Department of Justice (DOJ) issued a news release [located at http://www.justice.gov/opa/pr/former-united-states-navy-military-sealift-command-contractor-and-co-founder-government ] stating that a former Military Sealift Command (MSC) contractor and the co-founder of a government contracting company were sentenced to prison terms and financial forfeitures after pleading guilty to conspiracy, bribery, and providing illegal gratuities to secure military contracts. (11/17/14).

Court – cruise ship medical treatment

clip_image022 The US Court of Appeals for the Eleventh Circuit ruled that summary judgment is premature where plaintiff has adequately pled all the elements of both actual agency and apparent agency. In the instant case, plaintiff’s decedent died after falling on one of defendant’s cruise ships and was treated by the onboard doctor and nurse. Franza v. Royal Caribbean Cruises, No. 13-13067 (11th Cir., November 10, 2014). Note: This case was brought to my attention by my good friend Keith Heard of Burke & Parsons.

IMO – MSC 94 agenda

clip_image024 The IMO issued a news release [located at http://www.imo.org/MediaCentre/PressBriefings/Pages/37-MSC-94-preview.aspx#.VGPN9DTF98E ] summarizing the agenda for the upcoming session of the Maritime Safety Committee (MSC 94). Among other things, the MSC will consider, with a view to adoption, the draft Polar Code (non-environmental provisions) and draft amendments to SOLAS chapter VI to require mandatory verification of the gross mass of containers. (11/12/14).

Panama Canal – final shipment of lock gates arrive

clip_image026 The Panama Canal Authority (ACP) issued a press release [located at http://www.pancanal.com/eng/pr/press-releases/2014/11/12/pr531.html ] stating that the final shipment of gates for the new locks of the Canal Expansion project has arrived in Panama. (11/12/14).

Yarmouth Castle fire and sinking – 13 November 1965

clip_image028 The passenger ship SS Yarmouth Castle caught fire and sank on November 13, 1965 while en route from Miami, Florida to Nassau, Bahamas. Of the 376 passengers and 176 crew on board, 88 passengers and two crew died. The ship was built in 1927 with a wooden superstructure. Wood and other flammable materials were used throughout the ship. As the US Coast Guard investigation noted, the foreign-flag vessel was not subject to USCG inspection. Passenger ship construction standards were subsequently strengthened and US law was amended to provide for examination by the Coast Guard of foreign passenger vessels embarking passengers in a US port to ensure compliance with international standards.

Join our mailing list

clip_image030 If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

clip_image031

clip_image033

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 – November 2014

clip_image035 Redistribution permitted with attribution

comments Comments (0)    -
November 12th, 2014 at 12:02 pm

Bryant’s Maritime Blog – 12 November 2014

Headlines:

Upper Mississippi River – safety zones;

DOE – application to export LNG;

DOE – application to export LNG;

USCG – WSF conversion to LNG propulsion;

USCG – pilot ladder magnetic securing devices;

Court – overly broad administrative subpoena;

EMSA – annual report; and

UK – malfunctioning CPP.

November 12, 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. Having the right answer is valuable only if asked the right question.

Upper Mississippi River – safety zones

clip_image004 The US Coast Guard promulgated a rule establishing safety zones on the Upper Mississippi River (UMR) from mile 38.0 to 46.0 and from mile 78.0 to 81.0. The rule comes into effect immediately but will only be enforced during subsurface rock removal operations by the US Army Corps of Engineers (USACE). Comments on the rule should be submitted by 10 December. 79 Fed. Reg. 66622 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-10/pdf/2014-26669.pdf ] (11/10/14).

DOE – application to export LNG

clip_image006 The Department of Energy (DOE) issued a notice stating that it received an application from Texas LNG LLC for authorization to export liquefied natural gas (LNG) from a proposed LNG terminal to be constructed in Brownsville. Comments on the application must be received by 9 January 2015. 79 Fed. Reg. 66708 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-10/pdf/2014-26635.pdf ] (11/10/14).

DOE – application to export LNG

clip_image006[1] The Department of Energy (DOE) issued a notice stating that it received an application from Venture Global LNG, LLC for authorization to export liquefied natural gas (LNG) from a proposed LNG terminal to be constructed in Cameron Parish. Comments on the application must be received by 9 January 2015. 79 Fed. Reg. 66707 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-10/pdf/2014-26634.pdf ] (11/10/14).

USCG – WSF conversion to LNG propulsion

clip_image007 The US Coast Guard issued a notice stating that it received a Letter of Intent (LOI) and Waterway Suitability Assessment from Washington State Ferries for a proposal to convert six Issaquah Class ferries to liquefied natural gas (LNG) propulsion. Comments on the proposal should be submitted by 12 January 2015. 79 Fed. Reg. 67179 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-12/pdf/2014-26749.pdf ] (11/12/14).

USCG – pilot ladder magnetic securing devices

clip_image008 The US Coast Guard issued a safety alert reminding stakeholders of the possible dangers that may result from unauthorized modifications to pilot ladder magnetic securing devices. Safety Alert 14-14 [located at http://www.uscg.mil/hq/cg5/cg545/alerts/1414.pdf ] (11/10/14).

Court – overly broad administrative subpoena

clip_image010 The US Court of Appeals for the Eleventh Circuit affirmed the denial of an application by the Equal Employment Opportunity Commission (EEOC) for enforcement of an administrative subpoena issued to a cruise line. A foreign national employed by the cruise line as an assistant waiter filed a charge of discrimination after the cruise line refused to renew his employment contract after he was diagnosed with HIV and Kaposi Sarcoma, but declared fit for duty by his physician. The court found that the information sought by the EEOC subpoena was overly broad and unduly burdensome as the defendant conceded that it refused to renew complainant’s employment contract due to his medical diagnosis. The court also noted that defendant raised a legitimate question regarding whether the EEOC has jurisdiction over the claims of foreign nationals on foreign-flagged ships, but determined that the issue did not be decided in light of its ruling on the first issue. EEOC v. Royal Caribbean Cruises, No. 13-13519 (11th Cir., November 6, 2014) [located at http://media.ca11.uscourts.gov/opinions/pub/files/201313519.pdf ].

EMSA – annual report

clip_image012 The European Maritime Safety Agency (EMSA) posted its 2013 Annual Report [located at http://www.emsa.europa.eu/emsa-documents/latest/item/2271-annual-report-2013.html ]. The report summarizes the work undertaken during the year by the EMSA to enhance the quality of shipping, strengthen maritime safety, and achieve cleaner oceans and seas. (11/7/14). Note: This item was brought to my attention by my good friend Jean-Philippe Gobillon of Adnavis BVBA.

UK – malfunctioning CPP

clip_image014 The UK Marine Accident Investigation Branch (MAIB) posted the report of its investigation of the heavy contact of the chemical tanker Key Bora with a jetty in Hull on 20 December 2013. The tanker’s controllable pitch propeller (CPP) had a history of slow response to demands for astern power and did not respond in time to the pilot’s order of full astern in this instance. The pilot had not been made aware of the slow response situation. Report 31/2014 [located at http://www.maib.gov.uk/cms_resources.cfm?file=/Key%20Bora.pdf ] (11/7/14).

Join our mailing list

clip_image016 If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

clip_image017

clip_image019

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 – November 2014

clip_image021 Redistribution permitted with attribution

comments Comments (0)    -
November 7th, 2014 at 12:07 pm

Bryant’s Maritime Blog – 7 November 2014

Headlines:

USCG – temporary certificates of documentation;

USCG – NMAC members sought;

BOEM – Chukchi Sea oil & gas lease sale;

DOT – OIG report on USMMA;

Court – Deepwater Horizon litigation;

UK – grounding in charted shoal water;

Great Lakes storm of 1913;

SS Edmund Fitzgerald – 10 November 1975; and

Veterans Day/Remembrance Day/Armistice Day.

November 7, 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. Having the right answer is valuable only if asked the right question.

USCG – temporary certificates of documentation

clip_image004 The USCG National Vessel Documentation Center (NVDC) issued a notice [located at http://www.uscg.mil/hq/cg5/nvdc/news/temp%20cod.pdf ] stating that, effective with the close of business on 7 November, it will suspend issuance of Temporary Certificates of Documentation (TCODs). TCODs have been issued to allow recreational boat owners to legally operate their vessels during the peak summer boating season (late May through September0 while the NVDC worked through its almost four month backlog. (11/6/14).

USCG – NMSAC members sought

clip_image004[1] The US Coast Guard seeks applications for membership on the National Maritime Security Advisory Committee (NMSAC). Applications must be submitted by 31 December. 79 Fed. Reg. 66387 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-07/pdf/2014-26443.pdf ] (11/7/14).

BOEM – Chukchi Sea oil & gas lease sale

clip_image006 The Bureau of Ocean Energy Management (BOEM) issued a notice stating that it has prepared a draft Second Supplemental Environmental Impact Statement (SSEIS) relating to the oil and gas lease sale in the Chukchi Sea Planning Area. Public meetings will be held in Kotzebue (17 November); Point Hope (18 November); Point Lay (19 November); Wainwright (20 November); Anchorage (1 December); Barrow (3 December); and Fairbanks (4 December). Written comments must be received by 22 December. 79 Fed. Reg. 66401 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-11-07/pdf/2014-25745.pdf ] (11/7/14).

DOT – OIG report re USMMA

clip_image008 The Department of Transportation (DOT) Office of Inspector General (OIG) issued the report [located at https://www.oig.dot.gov/sites/default/files/USMMA%20Sexual%20Assualt%20and%20Sexual%20Harassment%20Audit%20Report%5E10-23-14.pdf ] of its examination of the US Merchant Marine Academy (USMMA). It found that better program management and oversight are required for USMMA’s efforts to address sexual assault and harassment. (10/23/14).

Court – Deepwater Horizon litigation

clip_image010 A panel of the US Court of Appeals for the Fifth Circuit issued a decision reaffirming but clarifying its previous ruling affirming the lower court’s grant of partial summary judgment with in the Deepwater Horizon litigation with regard to B.P. Exploration & Production and Anadarko Petroleum Corporation. Purported factual and legal errors in the previous ruling are addressed. In re Deepwater Horizon, No. 12-30883 (5th Cir., November 5, 2014) [located at http://www.ca5.uscourts.gov/opinions/pub/12/12-30883-CV0.pdf ].

UK – grounding in charted shoal water

clip_image012 The UK Marine Accident Investigation Branch (MAIB) issued the report of its investigation of the grounding of the liquefied gas carrier Navigator Scorpio on Haisborough Sand in the North Sea on 3 January 2014. The vessel was undamaged by the grounding and there were no injuries or pollution. It refloated two hours later on the rising tide. The investigation found that the vessel ran aground in restricted waters after the officer of the watch had become distracted and lost positional awareness. The passage plan was incomplete and the significant effects of wind and strong tidal streams had not been properly taken into account. Given the proximity to danger, appropriate navigational techniques were not applied and the bridge manning was insufficient. Additionally, weaknesses in the crew’s navigation capability had been identified during an earlier audit of the vessel; however, follow up actions were not sufficient to prevent the grounding. Report 30/2014 [located at http://www.maib.gov.uk/cms_resources.cfm?file=/NavigatorScorpio.pdf ] (11/6/14).

Great Lakes storm of 1913

clip_image014 In early November, 1913, a blizzard struck the US Midwest and the Canadian province of Ontario. The Great Lakes storm of 1913 reached its highest intensity on 9 November. A total of 19 ships were sunk and another 19 were stranded on Lakes Superior, Michigan, Huron, and Erie. Cargo losses were in excess of 68,300 tons and were valued at over a million dollars. More than 280 mariners lost their lives in the most destructive natural disaster to ever strike the Great Lakes.

SS Edmund Fitzgerald – 10 November 1975

clip_image016 On 10 November 1975, the laker Edmund Fitzgerald sank in Lake Superior with a loss of all 29 hands. It was one of the largest ships on the Great Lakes, carrying over 26,000 tons of taconite ore between Duluth/Superior and the steel mills to the south. The “Fitz” had departed on 9 November in tandem with another laker, but sailed directly into an early winter storm. It sank suddenly, without making a distress call, at about 7:30 p.m., in heavy snow with winds gusting to hurricane force and seas exceeding 30 feet in height. Gordon Lightfoot memorialized the casualty in his hit song “The Wreck of the Edmund Fitzgerald”.

Veterans Day/Remembrance Day/Armistice Day

clip_image018 Tuesday, November 11, will be marked as the 95th anniversary of the signing of the armistice ending World War I – the war to end all wars, as it was proclaimed at the time. The day is commemorated as Veterans Day in the United States; as Remembrance Day in the Commonwealth nations; and as Armistice Day in France and Belgium. On this day, we also should remember the sacrifices of our military personnel, as well as those of the merchant marine who deliver vital supplies across dangerous seas in time of war.

Join our mailing list

clip_image020 If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

clip_image021

clip_image023

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 – November 2014

clip_image025 Redistribution permitted with attribution

comments Comments (0)    -
    logo11 Avoiding the edges of the sea

    In the November 2014 of Maritime Reporter and Engineering News, you can find my article entitled "Avoiding the edges of the sea". In the article, I discuss the success or failure of mariners in their continuing efforts to avoid the edges of the sea, such as rocks, shoals, piers, and bridges. Modern navigation equipment has proven only partially capable of overcoming poor practices.