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March 2nd, 2015 at 3:44 pm

Bryant’s Maritime Blog – 2 March 2015

Headlines:

Jacksonville – safety & security zones;

Jacksonville – Eagle LNG Partners EIS;

HSRP – meeting;

MPAFAC – teleconference meeting;

Alaska – strip club sewage dumped into harbor;

NTSB – fire on fish processing vessel;

House – bill introduced re aquatic nuisance species;

Senate – bill introduced re natural gas export;

Senate – bill introduced re aquatic nuisance species;

Court – scope of employment;

Court longshoreman injury;

China – AIS placed online;

India – vessel sharing agreements;

Panama Canal – public hearing on new toll structure; and

UK – tug owner jailed after crew man dies.

March 2, 2015

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. Stupidity is a gift of God, but I try to not misuse it.

Jacksonville – safety & security zones

clip_image004 The US Coast Guard promulgated a final rule consolidating and clarifying its safety and security zones within the Jacksonville Captain of the Port (COTP) Zone. The rule comes into effect on 1 April. 80 Fed. Reg. 11128 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-03-02/pdf/2015-04280.pdf] (3/2/15).

Jacksonville – Eagle LNG Partners EIS

clip_image006 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it intends to develop an environmental impact statement (EIS) examining the potential environmental effects of the Eagle LNG Partners Jacksonville LLC project. A public scoping meeting will be held in Jacksonville on 12 March. The scoping period will close on 26 March. 80 Fed. Reg. 11189 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-03-02/pdf/2015-04206.pdf] (3/2/15).

HSRP – meeting

clip_image008 The Hydrographic Services Review Panel (HSRP), sponsored by the National Oceanic and Atmospheric Administration (NOAA), will meet in Long Beach, California on 8-10 April. Topics on the agenda include: the LB-LA and California marine transportation system; regional efforts to improve shipping efficiencies; the NOAA Precision Navigation project; and geospatial data and tools. 80 Fed. Reg. 11175 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-03-02/pdf/2015-04249.pdf] (3/2/15).

MPAFAC – teleconference meeting

clip_image008[1] The Marine Protected Areas Federal Advisory Committee (MPAFAC), sponsored by the National Oceanic and Atmospheric Administration (NOAA), will conduct a teleconference meeting on 6 April. 80 Fed. Reg. 11175 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-03-02/pdf/2015-04246.pdf] (3/2/15).

Alaska – strip club sewage dumped into harbor

clip_image010 The Department of Justice (DOJ) issued a news release [located at http://www.justice.gov/usao-ak/pr/owners-floating-kodiak-strip-club-indicted-federal-grand-jury] stating that the owners of a floating strip club near Kodiak, Alaska have been indicted for violating the Refuse Act of 1899 by dumping raw sewage into the navigable waters of the United States and for making false statements to the US Coast Guard. The owners allegedly told the Coast Guard several times that the sewage was being disposed of ashore or on the high seas. Instead, the sewage was being pumped directly overboard. (2/23/15).

NTSB – fire on fish processing vessel

clip_image012 The National Transportation Safety Board (NTSB) issued the report of its investigation of a fire on board the fish processing vessel Juno while moored at a pier in Westport, Washington on 28 December 2013. The fire caused extensive damage to the vessel. The master incurred minor injuries. The probable cause of the fire was a short circuit in a space heater, combined with improper stowage of flammable materials in the vicinity, the vessel’s lack of structural fire protection, and the use of combustible materials in interior finishes. MAB 15-05 [located at http://www.ntsb.gov/investigations/AccidentReports/Reports/MAB1505.pdf] (2/27/15).

House – bill introduced re aquatic nuisance species

clip_image014 Representative Miller (R-MI) introduced a bill (H.R. 1135) to provide an immediate measure to control the spread of aquatic nuisance species from the Mississippi River basin to the Great Lakes basin and to inform long-term measures to prevent the Interbasin transfer of aquatic nuisance species. Official text of the bill is not yet available, but Representative Miller issued a press release [located at http://candicemiller.house.gov/media-center/press-releases/senator-stabenow-congresswoman-miller-introduce-bipartisan-bills-to-stop] explaining the measure. (2/26/15).

Senate – bill introduced re natural gas export

clip_image016 Senator Markey (D-MA) introduced a bill (S. 585) to amend the Natural Gas Act with respect to the exportation of natural gas, and for other purposes. Official text of the bill is not yet available. (2/26/15).

Senate – bill introduced re aquatic nuisance species

clip_image016[1] Senator Stabenow (D-MI) introduced a bill (S. 589) to provide an immediate measure to control the spread of aquatic nuisance species from the Mississippi River basin to the Great Lakes basin and to inform long-term measures to prevent the Interbasin transfer of aquatic nuisance species. Official text of the bill is not yet available, but Senator Stabenow issued a press release [located at http://www.stabenow.senate.gov/?p=press_release&id=1605] explaining the measure. (2/26/15).

Court – scope of employment

clip_image018 In an unpublished opinion, the US Court of Appeals for the Ninth Circuit affirmed the grant of summary judgment to defendant ship owner in an action brought by plaintiff, who alleged that she was the victim of a sexual assault by a crew member of defendant’s ship. The incident occurred at an entry gate facility at the Port of Oakland. Because the alleged tort occurred on land, the court ruled that state law, not maritime law, applied. The claims rested on a theory of vicarious liability through respondeat superior. The court held that there was no evidence that the crew member was acting within the scope of his employment at the time. Rather, his actions were “the result of only propinquity and lust” rather than his work as a sailor. Ferguson v. Horizon Lines, No. 12-17748 (9th Cir., February 26, 2015) [located at http://cdn.ca9.uscourts.gov/datastore/memoranda/2015/02/26/12-17748.pdf].

Court – longshoreman injury

clip_image020 In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit affirmed the grant of summary judgment against a longshoreman who brought suit against a ship owner and against a container owner for injuries incurred when a twist-lock fell onto his neck. The appellate court ruled that the district court applied the correct legal standard; did not err is excluding certain testimony; and did not err in denying plaintiff’s request for an adverse inference. Horton v. Maersk Line, Limited, No. 14-14450 (11th Cir., February 27, 2015) [located at http://media.ca11.uscourts.gov/opinions/unpub/files/201414450.pdf].

China – AIS placed online

clip_image022 The Chinese Maritime Safety Administration (MSA) issued a news release [located at http://en.msa.gov.cn/index.php?m=content&c=index&a=show&catid=336&id=148] stating that the information service platform for the Automated Identification System (AIS) for China’s coastal and inland waterways and relevant waters has been placed on line and is available in real time. (2/27/15).

India – vessel sharing agreements

clip_image024 The Indian Directorate General of Shipping (DGS) issued a notice [located at http://dgshipping.gov.in/WriteReadData/News/201502271155465992008Notification_vsa_msl_270215.pdf] announcing that, until 5 February 2016, Vessel Sharing Agreements of the Liner Shipping Industry will be exempt from provisions of Section 3 on the Competition Act, 2002. (2/27/15).

Panama Canal – public hearing on new toll structure

clip_image026 The Panama Canal Authority (ACP) issued a press release [located at http://www.pancanal.com/eng/pr/press-releases/2015/02/27/pr542.html] stating that it conducted a public hearing to receive industry feedback on the proposal for a new toll structure. Comments made during the hearing, as well as those submitted in writing, will be analyzed and taken into account before a final proposal for approval is submitted to the Canal Board of Directors and the Cabinet Council. (2/27/15).

UK – tug owner jailed after crew man dies

clip_image028 The UK Maritime and Coastguard Agency (MCA) issued a press release [located at https://www.gov.uk/government/news/tug-boat-owner-jailed-after-crew-man-dies] stating that a tug boat owner was given an eight-month custodial sentence after his crew member died trying to reattach a tow line in a violent storm. The owner pleaded guilty to being the captain of a vessel and putting his crew at risk of serious injury/death and as the owner undertaking unsafe operations. (2/27/15).

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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 – March 2015

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February 27th, 2015 at 12:41 pm

Bryant’s Maritime Blog – 27 February 2015

Headlines:

US & China – CUES in South China Sea;

Savannah – safety zones proposed;

USCG – PREP Guidelines;

Great Lakes – DCR discharge recordkeeping;

FMC – LA/LB working agreement amendment approved;

DOJ – National Shipbuilding Research Program;

House – bill introduced to protect maritime navigation; and

UK – chief mate sentenced for fatal collision.

February 27, 2015

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. Soon after a new safety device is invented, innovative mariners develop a work-around.

US & China – CUES in South China Sea

clip_image004 clip_image006 The US Navy issued a news release [located at http://www.navy.mil/submit/display.asp?story_id=85767] stating that the littoral combat ship USS Fort Worth (LCS 3) and the Chinese People’s Liberation Army-Navy frigate Hengshui (FFG 572) practiced the code for Unplanned Encounters at Sea (CUES), enhancing the professional relationship between the two services. CUES is a guideline for unplanned maritime encounters, providing standards for communications, safety procedures, and maneuvering instructions for naval ships and aircraft. (2/26/15).

Savannah – safety zones proposed

clip_image008 The US Coast Guard proposes to establish temporary safety zones throughout the Savannah Captain of the Port (COTP) zone for use in the event of natural or manmade disasters affecting navigable waterways. Comments on the proposal must be received by 1 April. 80 Fed. Reg. 10635 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-27/pdf/2015-04163.pdf] (2/27/15).

USCG – PREP Guidelines

clip_image008[1] The US Coast Guard seeks comments on the updated draft National Preparedness for Response Exercise Program (PREP) Guidelines. Comments must be received by 28 April. 80 Fed. Reg. 10704 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-27/pdf/2015-04160.pdf] (2/27/15).

Great Lakes – DCR discharge recordkeeping

clip_image008[2] Effective 28 February 2015, there is a change to the US Coast Guard regulations, at 33 CFR § 151.66(c)(3)(iv-v), concerning dry cargo residue (DCR) on Great Lakes vessels. While masters continue to be required to maintain written records of DCR discharges, those records no longer need be submitted to the Coast Guard. Rather, the records must be certified and retained on the vessel for at least two years and must be made available to the Coast Guard upon request. (2/26/15).

FMC – LA/LB working agreement amendment approved

clip_image010 The Federal Maritime Commission (FMC) issued a news release [located at http://www.fmc.gov/NR15-01/] stating that it has concluded its review of a proposed amendment to the Los Angeles and Long Beach Port Infrastructure and Environmental Programs Cooperative Working Agreement. The Commission’s unanimous decision permits the amendment to become effective on 27 February. (2/26/15).

DOJ – National Shipbuilding Research Program

clip_image012 The Department of Justice (DOJ) issued a notice stating that the National Shipbuilding Research Program (NSRP) filed written notice that Bollinger Shipyards, Inc. has changed its name to Bollinger Shipyards, LLC, Lockport, LA. 80 Fed. Reg. 10716 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-27/pdf/2015-04100.pdf] (2/27/15).

House – bill introduced to protect maritime navigation

clip_image014 Representative Sensenbrenner (R-WI) introduced a bill (H.R. 1056) to amend title 18, United States Code, to provide for protection of maritime navigation and prevention of nuclear terrorism, and for other purposes. Official text of the bill is not yet available. (2/25/15).

UK – chief mate sentenced for fatal collision

clip_image016 The UK Maritime and Coastguard Agency (MCA) issued a press release [located at https://www.gov.uk/government/news/dutch-chief-mate-sentenced-for-fatal-collision] stating that the chief mate of a dredger was sentenced to nine months, reduced to six months which has been suspended for 18 months, after pleading guilty to failure to maintain a proper watch. The chief mate was at the helm of a dredger that collided with a sailing yacht, resulting in the sinking of the yacht and one fatality. (2/26/15).

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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 – February 2015

clip_image023 Redistribution permitted with attribution

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February 26th, 2015 at 12:06 pm

Bryant’s Maritime Blog – 26 February 2015

Headlines:

White House – Cyber Threat Intelligence Integration Center;

USCG – Great Lakes pilotage rates;

USCG – Missouri River WAMS;

USCG NVMC – new NOAD schema coming;

NTSB – ITB allision with USCG buoy tender;

DHS OIG – USCG bridge alteration project;

FERC – Aguirre Offshore GasPort EIS;

NMIO – Global Maritime Forum Workshop;

DOD – freedom of the seas;

House – hearing re maritime budget;

Court – destruction of undersized fish;

Singapore – implementation of bunker standards;

UK – maritime & shipping statistics; and

Sinking of HMS Birkenhead – 26 February 1852.

February 26, 2015

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. Soon after a new safety device is invented, innovative mariners develop a work-around.

White House – Cyber Threat Intelligence Integration Center

clip_image004 The White House released a Presidential Memorandum [located at http://www.whitehouse.gov/the-press-office/2015/02/25/presidential-memorandum-establishment-cyber-threat-intelligence-integrat] establishing the Cyber Threat Intelligence Integration Center (CTIIC) to, among other things, provide integrated all-source analysis of intelligence related to foreign cyber threats or related to cyber incidents affecting US national interests. (2/25/15).

USCG – Great Lakes pilotage rates

clip_image006 The US Coast Guard promulgated a rule adjusting rates for pilotage services on the Great Lakes. The adjusted rates come into effect on 1 August. 80 Fed. Reg. 10365 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-26/pdf/2015-04036.pdf] (2/26/15).

USCG – Missouri River WAMS

clip_image007 The US Coast Guard issued a notice stating that it will hold a public listening session to present and receive feedback on the Missouri River Waterways Analysis and Management System (WAMS) study. The session will be {or was} held in Smithville, Missouri on 25 February. Written comments must be submitted by 10 April. 80 Fed. Reg. 10497 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-26/pdf/2015-03914.pdf] (2/26/15).

USCG NVMC – new NOAD schema coming

clip_image008 The USCG National Vessel Movement Center (NVMC) issued a notice [located at http://www.nvmc.uscg.gov/NVMC/(S(l50lvhi2p5wxo3bx3jkfn0qa))/News.aspx?newsId=C8F2768B-3C8F-4278-8648-9111DCC758CD] stating that on Tuesday, 26 May 2015, an updated Notice of Arrival and Departure (NOAD) schema, versioned 3.5, will be released which will reflect recently released changes to 33 CFR 160 and improvements to vessel/crew longshoreman data reporting. When NOAD Schema 3.5 is released, NOAD Schema 3.3 and older versions will no longer be supported. (2/25/15).

NTSB – ITB allision with USCG buoy tender

clip_image010 The National Transportation Safety Board (NTSB) posted the report of its investigation of the allision of the ITB Krystal Sea/Cordova Provider with the USCG buoy tender Sycamore in Cordova, Alaska on 28 July 2013. The ITB was maneuvering to dock at a pier adjacent to the moored buoy tender. The probable cause of the allision was the loss of directional control of one of two azimuthing stern drive propulsion units during an unsuccessful attempt by the tug’s new captain to transfer from autopilot to manual control while approaching the intended dock. MAB 15-04 [located at http://www.ntsb.gov/investigations/AccidentReports/Reports/MAB1504.pdf] (2/25/15). Note: The report includes interesting photos of damage to the buoy tender.

DHS OIG – USCG bridge alteration project

clip_image012 The Department of Homeland Security (DHS) Office of Inspector General (OIG) posted the report of its examination of the US Coast Guard’s project for alteration of the BNSF Railway Bridge over the Mississippi River at Burlington, Iowa. Because the Coast Guard could not provide proper documentation to support the final apportionment of cost for the project, it could not be determined whether the allocation of $74 million to the Coast Guard and $8 million to BNSF Railway was appropriate. The report recommends that the agency review its internal policies and procedures for bridge alteration projects. OIG 15-32 [located at http://www.oig.dhs.gov/assets/Mgmt/2015/OIG_15-32_Feb15.pdf] (2/25/15).

FERC – Aguirre Offshore GasPort EIS

clip_image014 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it has prepared a final environmental impact statement (EIS) for the Aguirre Offshore GasPort Project planned for construction and operation off the southern coast of Puerto Rico. 80 Fed. Reg. 10474 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-26/pdf/2015-03999.pdf] (2/26/15).

NMIO – Global Maritime Forum Workshop

clip_image016 The National Maritime Intelligence-Integration Office (NMIO) will be hosting the 2015 Global Maritime Forum (GMF) Workshop [located at http://www.brymar-consulting.com/wp-content/uploads/Misc/GMF_Workshop_2015.pdf] at Moffett Field, California on 2-3 June. The workshop will focus on “Turning the Corner in the Maritime Domain – Levering Data to Achieve Effective Understanding”. (2/24/15).

DOD – freedom of the seas

clip_image018 The Department of Defense (DOD) issued a news release [located at http://www.defense.gov/news/newsarticle.aspx?id=128241] summarizing a recent media interview with Admiral Michelle J, Howard, USN regarding the importance of freedom of the seas. (2/25/15).

House – hearing re maritime budget

clip_image020 The Subcommittee on Coast Guard and Maritime Transportation of the House Committee on Transportation and Infrastructure conducted a hearing [located at http://transportation.house.gov/calendar/eventsingle.aspx?EventID=398626] on the President’s Fiscal Year 2016 Budget Request for Coast Guard and Maritime Transportation Programs. The witnesses were: Admiral Paul F. Zukunft, USCG, accompanied by Master Chief Steven W. Cantrell; the Honorable Paul “Chip” N. Jaenichen, Maritime Administrator; and the Honorable Mario Cordero, Chairman, FMC. (2/25/15).

Court – destruction of undersized fish

clip_image022 In a rare 4-1-4 decision, the United States Supreme Court ruled that the prohibition in the Sarbanes-Oxley Act of 2002 against knowing destruction of a tangible object with the intent to impede a federal investigation does not apply to throwing undersized fish overboard after being told by a federal agent to keep the fish as evidence of a fisheries conservation violation. Plaintiff fishing vessel master admitted throwing the fish overboard, but argued that the statute was limited to financial and related records. Four justices agreed with the plaintiff (defendant below) in reversing the conviction. One justice concurred in the reversal, but on a different rationale. Four justices dissented. Yates v. United States, No. 13-7451 (US Supreme Court, February 25, 2015) [located at http://www.supremecourt.gov/opinions/14pdf/13-7451_m64o.pdf].

Singapore – implementation of bunker standards

clip_image024 The Singapore Maritime and Port Authority (MPA) issued a circular advising that compliance by all bunker suppliers, bunker craft operators, and bunker surveyors with Singapore Standard for Bunkering SS 600:2014 and SS 524:2014 will be mandatory as of 1 September 2015. Port Marine Circular 03-2015 (2/23/15) [located at http://www.mpa.gov.sg/sites/circulars_and_notices/pdfs/port_marine_circulars/pc15-03.pdf].

UK – maritime & shipping statistics

clip_image026 The UK Department for Transport (DfT) posted comprehensive guidance to maritime and shipping statistics [located at https://www.gov.uk/government/publications/maritime-and-shipping-statistics-guidance]. (2/25/15).

Sinking of the HMS Birkenhead – 26 February 1852

clip_image028 On 26 February 1852, the troopship HMS BIRKENHEAD grounded at Danger Point, near Cape Town, South Africa. It was carrying about 400 British soldiers to fight in the Kaffir War in South Africa. Also on board were about 200 civilians, mostly women and children. There were not sufficient lifeboats for everyone. The senior British Army officer onboard ordered the troops to stand fast as the women and children boarded the lifeboats. None of the soldiers broke ranks. The BIRKENHEAD sank soon afterwards. Only 193 of the approximately 643 people originally on board survived. From this event, the maritime tradition of “women and children first” is derived. Rudyard Kipling later wrote the poem “Solder an’ Sailor too”, dedicated to the Royal Regiment of Marines. The poem includes the lines:

To take your chance in the thick of a rush, with firing all about,

Is nothing so bad when you’ve cover to ‘and, an’ leave an’ likin’ to shout;

But to stand an’ be still to the Birken’ead drill is a damn tough bullet to chew,

An’ they done it, the Jollies – ‘Er Majesty’s Jollies – soldier an’ sailor too!

Join our mailing list

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If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – February 2015

clip_image035 Redistribution permitted with attribution

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February 25th, 2015 at 12:07 pm

Bryant’s Maritime Blog – 25 February 2015

Headlines:

USCG – use of LNG as marine fuel;

USCG – PARS: In the Chukchi Sea, Bering Strait & Bering Sea;

USCG & BSEE – safety alert re DP system failures;

USCG – State of the Coast Guard Address;

USCG – International Ice Patrol;

USCG – beta-testing of new Area Maritime Security Assessments;

DOJ – chief engineer sentenced to prison;

FERC – Alaska natural gas pipeline project discontinued;

FMC – Chairman’s Earth Day Award;

Senate – bill introduced re tsunami research;

Australia – injuries during loading of heavy cargo; and

Singapore – towing safety.

February 25, 2015

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. Soon after a new safety device is invented, innovative mariners develop a work-around.

USCG – use of LNG as marine fuel

clip_image004 The US Coast Guard issued a notice stating that it has finalized two policy letters providing guidance for the use of liquefied natural gas (LNG) as a marine fuel. 80 Fed. Reg. 10131 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-25/pdf/2015-03852.pdf] (2/25/15). Policy Letter 01-15 [located at file:///C:/Users/User/Downloads/GUIDELINES_FOR_LIQUEFIED_NATURAL_GAS_FUEL_TRANSFER_OPERATIONS_AND_TRAINING_OF_PERSONNEL_ON_VESSELS_USING_NATURAL_GAS_AS_FUEL.pdf] provides guidelines for transfer operations and training. Policy Letter 02-15 [located at file:///C:/Users/User/Downloads/GUIDANCE_RELATED_TO_VESSELS_AND_WATERFRONT_FACILITIES_CONDUCTING_LIQUEFIED_NATURAL_GAS_(LNG)_MARINE_FUEL_TRANSFER_(BUNKERING)_OPERATIONS.pdf] provides guidance for bunkering operations.

USCG – PARS: In the Chukchi Sea, Bering Strait & Bering Sea

clip_image004[1] The US Coast Guard issued a notice announcing that it will host public meetings to receive comments on the port access route study (PARS) In the Chukchi Sea, Bering Strait, and Bering Sea. The meetings will be held in Juneau (9 March); Anchorage (30 March); and Nome (2 April). 80 Fed. Reg. 10137 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-25/pdf/2015-03859.pdf] (2/25/15).

USCG & BSEE – safety alert re DP system failures

clip_image005 clip_image007 The US Coast Guard and the Bureau of Safety and Environmental Enforcement (BSEE) issued a joint safety alert [located at http://www.uscg.mil/hq/cg5/cg545/alerts/finaljointcgbsee.pdf] regarding dynamic positioning system failures on offshore supply vessels (OSVs) engaged in oil and gas operations on the US outer continental shelf (OCS activity). Recently, an OSV suffered a loss of position while conducting a critical OCS activity. The OSV was attached to a wellhead, lost position, and severed a wellhead tree causing a lubricant release. Immediately prior to the loss of position, the OSV had multiple DP system alarms and failures, including loss to bow thruster and engine control. No attempt was made to identify or correct the causes of these failures and the operations continued. (2/24/15).

USCG – State of the Coast Guard Address

clip_image008 The US Coast Guard issued a news release [located at http://www.uscgnews.com/go/doc/4007/2467842/] announcing that the Commandant, Admiral Paul Zukunft, USCG, delivered the annual State of the Coast Guard Address in Washington, DC. The speech outlined how the service will meet today’s challenges while preparing for complexities that lie ahead. (2/24/15).

USCG – International Ice Patrol

clip_image008[1] The US Coast Guard issued a news release [located at http://www.uscgnews.com/go/doc/4007/2467694/] stating that its International Ice Patrol (IIP) has opened the annual ice season to detect and track icebergs in the North Atlantic Ocean. The 2014 ice season was the sixth most severe on record with more than 1,500 icebergs drifting into the transatlantic shipping lanes. (2/24/15).

USCG – beta-testing of new Area Maritime Security Assessments

clip_image009 The US Coast Guard issued a notice [located at http://mariners.coastguard.dodlive.mil/2015/02/24/2242015-coast-guard-headquarters-beta-testing-new-area-maritime-security-assessments/] stating that beta-testing of the new Area Maritime Security Assessments has commenced. The testing is being conducted by the National Guard Bureau via a memorandum of agreement. (2/24/15).

DOJ – chief engineer sentenced to prison

clip_image011 The Department of Justice (DOJ) issued a news release [located at http://www.justice.gov/usao/md/news/2014/ChiefEngineerOfCar-CarrierVesselSentencedToPrisonForObstructionOfJusticeInMarineOilPol.html] 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. He admitted making fraudulent entries in the ship’s oil record book (ORB), destroying records, instructing subordinates to lie, and dumping oily waste directly into the sea. He was sentenced to eight months in prison followed by one year of supervised release. (2/20/15).

FERC – Alaska natural gas pipeline project discontinued

clip_image013 The Federal Energy Regulatory Commission (FERC) posted its Report to Congress [located at http://www.ferc.gov/legal/staff-reports/2015/angta-nineteenth.pdf] on the progress made in licensing and constructing the Alaska Natural Gas Pipeline. The report states that the TransCanada Alaska Company, LLC requested termination of its prefile review process. The FERC staff has now discontinued work on the Alaska natural gas pipeline project. (2/24/15).

FMC – Chairman’s Earth Day Award

clip_image015 The Federal Maritime Commission (FMC) sponsors the Chairman’s Earth Day Award [located at http://www.fmc.gov/news/chairmans_award.aspx], recognizing members of the maritime transportation industry for innovations and successes in developing environmentally sustainable shipping practices. The FMC is accepting submissions for interested parties. (2/24/15).

Senate – bill introduced re tsunami research

clip_image017 Senator Cantwell (D-WA) introduced a bill (S. 533) to authorize and strengthen the tsunami detection, forecast, warning, research, and mitigation program of the National Oceanic and Atmospheric Administration, and for other purposes. Official text of the bill is not yet available. (2/23/15).

Australia – injuries during loading of heavy cargo

clip_image019 The Australian Transport Safety Bureau (ATSB) issued a notice [located at http://www.atsb.gov.au/publications/investigation_reports/2015/mair/318-mo-2015-001.aspx] stating that it has opened an investigation into the serious injuries incurred by two crew members of the general cargo ship Happy Buccaneer in Port Hedland on 23 February during the loading of heavy cargo. (2/24/15).

Singapore – towing safety

clip_image021 The Singapore Maritime and Port Authority (MPA) issued a circular reminding stakeholders of the importance of minimizing the danger to navigation and the environment when engaged in the towing of ships and other floating objects. Shipping Circular 3-2015 (2/13/15) [located at http://www.mpa.gov.sg/sites/circulars_and_notices/pdfs/shipping_circulars/sc_no_3_of_2015.pdf].

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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 – February 2015

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February 24th, 2015 at 12:11 pm

Bryant’s Maritime Blog – 24 February 2015

Headlines:

White House – resolution of West Coast ports dispute;

BOEM & BSEE – exploratory drilling on Arctic OCS;

Washington – critical habitat for southern resident killer whale;

MARAD – certification of CVSSA training providers;

USCG – fire protection measures on cruise ships;

DOJ – man charged with making fraudulent DWH oil spill claim;

India – consultation on Multimodal Transportation of Goods Act; and Philippines – compensation for reef damage.

February 24, 2015

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. Soon after a new safety device is invented, innovative mariners develop a work-around.

White House – resolution of West Coast ports dispute

clip_image004 The White House issued a statement [located at http://www.whitehouse.gov/the-press-office/2015/02/20/statement-press-secretary-west-coast-ports-agreement] expressing appreciation for the resolution of the West Coast ports labor-management dispute. President Obama calls on the parties to work together to clear out the backlogs and congestion. (2/20/15).

BOEM & BSEE – exploratory drilling on Arctic OCS

clip_image006 clip_image008 The Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE) issued a joint proposal concerning requirements for exploratory drilling on the Arctic outer continental shelf (OCS), focusing on the Beaufort Sea and Chukchi Sea Planning Areas. Comments should be submitted by 27 April. 80 Fed. Reg. 9915 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-24/pdf/2015-03609.pdf] (2/24/15).

Washington – critical habitat for southern resident killer whale

clip_image010 The National Oceanic and Atmospheric Administration (NOAA) issued a notice announcing a 12-month finding on a petition to revise the critical habitat designation for the southern resident killer whale distinct population segment in Washington State to include certain Pacific Ocean marine waters along the coast and to address protective in-water sound levels. Possible regulatory revisions are under consideration. 80 Fed. Reg. 9682 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-24/pdf/2015-03378.pdf] (2/24/15).

MARAD – certification of CVSSA training providers

clip_image012 The Maritime Administration (MARAD) is implementing a process to certify cruise vessel security and safety training program providers. The voluntary program [located at http://www.marad.dot.gov/environment_safety_landing_page/Office_of_Security/OS_CVSSA/cvssa.htm] will review training plans and supporting information for consistency with training standards established under the Cruise Vessel Security and Safety Act of 2010 (CVSSA). (2/23/15).

USCG – fire protection measures on cruise ships

clip_image014 clip_image016 The US Coast Guard posted two fire protection notices [located at https://homeport.uscg.mil/mycg/portal/ep/contentDetailViewPopup.do?BV_SessionID=@@@@0648963196.1424725587@@@@&BV_EngineID=cccfadgfgkgjhffcfngcfkmdfhfdfgo.0&fromSearch=yes&contentType=EDITORIAL&contentId=511473] issued by the Cruise Lines International Association (CLIA). The first notice relates to fire protection measures for covered mooring decks and the second notice relates to water mist fire suppression systems in category “A” machinery spaces. (2/17/15). Note: This is a repetition of an earlier item because the earlier link did not consistently work. Hopefully the problem has now been resolved.

DOJ – man charged with making fraudulent DWH oil spill claim

clip_image018 The Department of Justice (DOJ) issued a news release [located at http://www.justice.gov/opa/pr/north-carolina-man-charged-making-23-million-fraudulent-claim-deepwater-horizon-spill] stating that a man has been arrested and charged with making a fraudulent claim in the amount of $2.3 million for damages allegedly incurred by a fictitious business as a result of the Deepwater Horizon oil spill. He has been charged with mail fraud, wire fraud, and money laundering. (2/23/15).

India – consultation on Multimodal Transportation of Goods Act

clip_image020 The Indian Ministry of Shipping issued a notice [located at http://shipping.nic.in/showfile.php?lid=1926] stating that it seeks comments on proposed amendments to the Multimodal Transportation of Goods Act. Comments must be received by 15 March. (2/16/15).

Philippines – compensation for reef damage

clip_image022 The Philippine Government issued a news release [located at http://www.dfa.gov.ph/index.php/newsroom/dfa-releases/5418-statement-on-us-government-compensation-for-tubbataha-reef] stating that it received from the US Government the full requested amount of Php 87,033, 570.71 as compensation for the damage caused to Tubbataha Reef by the grounding of the mine countermeasures shipUSS Guardian (MCM 5) in January 2013.  The compensation will be utilized for the protection and rehabilitation of Tubbataha Reef Natural Park, a UNESCO World Heritage Site. Portions of the fund will also be used to further enhance capability to monitor the area and prevent similar incidents in the future.  In addition to the compensation received, the US Government is also providing additional assistance to the Philippine Coast Guard to upgrade the PCG Substation in Tubbataha. (2/18/15).

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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 – February 2015

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February 23rd, 2015 at 11:17 pm

Bryant’s Maritime Blog – 23 February 2015

Headlines:

USN – Canadian warship honored;

USCG & AFP – MOU re civil maritime law enforcement;

DHS – impacts of CR on maritime security;

LMRWSAC – meeting;

Jacksonville – restricted area;

Oregon – danger zone;

NOAA – proposed expansion of NARW critical habitat;

Offshore Alaska – proposed regulations re offshore drilling;

Puerto Rico – Aguirre Offshore GasPort FEIS;

St. Lawrence Seaway – 2015 navigation season;

USCG – safety alerts 1996-2014; and

Denmark – meeting re sulfur regulations.

February 23, 2015

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. Soon after a new safety device is invented, innovative mariners develop a work-around.

USN – Canadian warship honored

clip_image004 clip_image006 The US Navy issued a news release [located at http://www.navy.mil/submit/display.asp?story_id=85661] stating that the US Navy Meritorious Unit Commendation (MUC) was awarded to the Royal Canadian Navy’s HMCS Toronto (FFH 333) at a ceremony in Halifax, Nova Scotia for support of Combined Task Force (CTF) 150 in significantly disrupting the flow of drugs, criminal and terrorist activities in the US Central Command area of responsibility. (2/19/15).

USCG & AFP – MOU re civil maritime law enforcement

clip_image008 clip_image010 The US Coast Guard issued a news release [located at http://www.uscgnews.com/go/doc/4007/2465482/] stating that it and the Australian Federal Police (AFP) signed a memorandum of understanding (MOU) to highlight common missions, interests, capabilities, and opportunities for collaboration relating to civil maritime law enforcement. (2/20/15).

DHS – impacts of CR on maritime security

clip_image012 The Department of Homeland Security (DHS) issued a news release [located at http://www.dhs.gov/news/2015/02/19/statement-secretary-jeh-c-johnson-impacts-continuing-resolution-maritime-security] commenting on the potential impacts on maritime security of a Continuing Resolution (CR) on DHS appropriations. (2/19/15).

LMRWSAC – meeting

clip_image013 The Lower Mississippi River Waterway Safety Advisory Committee (LMRWSAC), sponsored by the US Coast Guard, will meet on 11 March in New Orleans. Topics on the agenda include: electronic navigation charts; the Inner Harbor Navigation Canal Alternate Route; and proposed LNG terminals and waterway impacts. 80 Fed. Reg. 9468 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-23/pdf/2015-03542.pdf] (2/23/15).

Jacksonville – restricted area

clip_image015 The US Army Corps of Engineers (USACE) promulgated a final rule establishing a restricted area on waters of the St. Johns River in the vicinity of US Coast Guard Sector Jacksonville facilities at Mayport, Florida. The rule enters into effect on 25 March. 80 Fed. Reg. 9385 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-23/pdf/2015-03625.pdf] (2/23/15).

Oregon – danger zone

clip_image015[1] The US Army Corps of Engineers (USACE) promulgated a final rule establishing a danger zone in waters of the North Pacific adjacent to Camp Rilea in Clatsop County, Oregon. The rule enters into effect on 25 March. 80 Fed. Reg. 9384 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-23/pdf/2015-03626.pdf] (2/23/15).

NOAA – proposed expansion of NARW critical habitat

clip_image017 The National Oceanic and Atmospheric Administration (NOAA) proposes to expand the critical habitat for the endangered North Atlantic right whale (NARW) in both the Gulf of Maine and off the southeast coast of the United States. Comments on the proposal must be received by 21 April. 80 Fed. Reg. 9313 [located at ] (2/20/15).

Offshore Alaska – proposed regulations re offshore drilling

clip_image019 The Department of the Interior (DOI) issued a press release [located at http://www.doi.gov/news/pressreleases/bsee-boem-issue-proposed-regulations-to-ensure-safe-and-responsible-exploratory-drilling-offshore-alaska.cfm] stating that the Bureau of Safety and Environmental Enforcement (BSEE) and the Bureau of Ocean Energy Management (BOEM) will be issuing proposed regulations to enhance the safety of future exploratory drilling activities on the US Arctic outer continental shelf (OCS), particularly with regard to the Beaufort Sea and Chukchi Sea Planning Areas. The official proposal will be published soon in the Federal Register. (2/20/15).

Puerto Rico – Aguirre Offshore GasPort FEIS

clip_image021 The Federal Energy Regulatory Commission (FERC) issued a news release [located at http://www.ferc.gov/industries/gas/enviro/eis/2015/02-20-15-eis.asp] stating that the final environmental impact statement (FEIS) on the Aguirre Offshore GasPort Project off the coast of Puerto Rico has been issued. The FEIS concludes that approval of the proposed project, with the mitigation measures recommended, would result in limited adverse environmental impacts. (2/20/15).

St. Lawrence Seaway – 2015 navigation season

clip_image023 The Great Lakes-St. Lawrence Seaway System issued a notice announcing that the opening of the 2015 navigation season is scheduled for 27 March. Seaway Notice 1-2015 (2/18/15) [located at http://www.greatlakes-seaway.com/en/pdf/navigation/notice20150218.pdf].

USCG – Safety Alerts 1996-2014

clip_image008[1] The US Coast Guard issued a notice [located at http://www.uscg.mil/hq/cg5/cg545/alerts/96_14SA.pdf] compiling all of its Safety Alerts between 1996 and 2014. (2/20/15).

Denmark – meeting re sulfur regulations

clip_image025 The Danish Maritime Authority (DMA) issued a news release [located at http://www.dma.dk/news/Sider/SulphurexpertsmeetinDenmarktostrengthenenforcement.aspx] stating that representatives from all 16 SECA countries and the European Maritime Safety Agency (EMSA) will meet in Denmark on 25-26 February to find solutions to the legal and technical challenges presented by the stricter sulfur regulations of MARPOL Annex VI. (2/20/15).

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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 – February 2015

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February 23rd, 2015 at 11:14 pm

Bryant’s Maritime Blog – 20 February 2015

Headlines:

BOEM – Chukchi Sea OCS final second SEIS;

CMTS – Arctic maritime webinar;

Court – maximum oil spill penalty; and

Court – writ of mandamus.

February 20, 2015

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. Soon after a new safety device is invented, innovative mariners develop a work-around.

BOEM – Chukchi Sea OCS final second SEIS

clip_image004 The Bureau of Ocean Energy Management (BOEM) issued a notice announcing the availability of a final second supplemental environmental impact statement (SEIS) for the Chukchi Sea Planning Area, Outer Continental Shelf (OCS) Oil and Gas Lease Sale 193. 80 Fed. Reg. 9280 [located at ] (2/20/15).

CMTS – Arctic maritime webinar

clip_image006 The US Committee on the Maritime Transportation System (CMTS) issued a notice [located at http://www.cmts.gov/Bulletin.aspx?id=88] stating that it will host a webinar on 24 February to provide an update on federal activities regarding the US Arctic Maritime Transportation System. (2/19/15).

Court – maximum oil spill penalty

clip_image008 The US District Court for the Eastern District of Louisiana issued a ruling on the factors to be used to calculate the amount of the maximum penalty that may be levied per barrel of oil discharged into waters of the United States, holding that for a discharge resulting from gross negligence and/or willful misconduct the amount is $4,300. The total penalty amount will be decided by the court when it issues its ruling on the Phase Three penalty trial. In re DWH oil spill, No. 10-4536 (E.D. La, February 19, 2015) [located at http://www.laed.uscourts.gov/OilSpill/Orders/2192015Order(MaxPenalty).pdf].

Court – writ of mandamus

clip_image010 The US Court of Appeals for the Fifth Circuit grated a petition for a writ of mandamus in favor of a classification society. Plaintiff was having a ship built and had hired defendant class society in that regard. Dissatisfied with the ship and the outcome of arbitration and litigation with the builder, plaintiff brought suit against the class society in federal court in Texas. Defendant’s motion to dismiss on the ground of forum non conveniens based on the forum selection clause in the class society’s rules incorporated into the ship’s classification contract was dismissed by the district court without written or oral explanation. Because the district court clearly abused its discretion and reached a patently erroneous result and because defendant has no other way to vindicate its rights, the petition was granted. In re Lloyd’s Register, No. 14-20554 (5th Cir., February 18, 2015) [located at http://www.ca5.uscourts.gov/opinions/pub/14/14-20554-CV0.pdf]. Note: This item was brought to my attention by my good friend Keith Heard of Burke and Parsons.

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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 – February 2015

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February 23rd, 2015 at 11:11 pm

Bryant’s Maritime Blog – 19 February 2015

Headlines:

USCG – commercial diving operations;

Arctic – Port Access Route Study;

USCG – maritime safety drones;

Ohio River – eNav demonstration project;

EPA – MARPOL Annex VI proposal;

NTSB – fishing vessel allision with warship; and

UK – shipping fleet statistics.

February 19, 2015

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. Soon after a new safety device is invented, innovative mariners develop a work-around.

USCG – commercial diving operations

clip_image004 The US Coast Guard proposes to amend its regulations for commercial diving that is conducted from deepwater ports or deepwater port safety zones or in connection with outer continental shelf (OCS) activities or from vessels that are required to have a Coast Guard certificate of inspection. Comments on the proposal must be received by 20 May. 80 Fed. Reg. 9151 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-19/pdf/2015-02714.pdf] (2/19/15).

Arctic – Port Access Route Study

clip_image004[1] The US Coast Guard issued a notice stating that the Port Access Route Study: In the Chukchi Sea, Bering Strait, and Bering Sea continues. It seeks comments on how consolidating vessel traffic into a defined vessel routing system may impact or benefit the region. Comments must be received by 18 August. 80 Fed. Reg. 8892 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-19/pdf/2015-03332.pdf] (2/19/15).

USCG – maritime safety drones

clip_image004[2] The US Coast Guard issued a notice stating that it intends to enter into a cooperative research and development agreement (CRADA) with several companies to evaluate small unmanned aircraft systems (SUAS) and their airborne sensors to determine their potential use in a maritime environment by a first responder and DHS operational components. Comments must be received by 23 March. 80 Fed. Reg. 8889 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-19/pdf/2015-03327.pdf] (2/19/15).

Ohio River – eNav demonstration project

clip_image005 The US Coast Guard issued a notice stating that it intends to enter into a cooperative research and development agreement (CRADA) to prepare for a demonstration, the Ohio River eNavigation Technology Demonstration of electronic navigation (eNav) technology to be conducted by the Coast Guard, the US Army Corps of Engineers (USACE), and the National Oceanic and Atmospheric Administration (NOAA). The Coast Guard needs end user participants who are commercial operators that regularly operate in the test area and are willing to receive navigation safety and environmental information via AIS. Comments on the proposal must be received by 23 March. 80 Fed. Reg. 8891 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-19/pdf/2015-03328.pdf] (2/19/15).

EPA – MARPOL Annex VI proposal

clip_image007 The Environmental Protection Agency (EPA) proposes to make several technical clarifications to its air emission regulations for different mobile sources. One of the sources affected are vessels covered by MARPOL Annex VI. Comments on the proposal must be received by 6 April. 80 Fed. Reg. 8826 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-19/pdf/2015-02845.pdf] (2/19/15).

NTSB – fishing vessel allision with warship

clip_image009 The National Transportation Safety Board (NTSB) issued the report of its investigation of the allision of the US fishing vessel American Dynasty with the Canadian Navy frigate Winnipeg on 23 April 2013 in Esquimalt, British Columbia. MAB-1503 [located at http://www.ntsb.gov/investigations/AccidentReports/Reports/MAB1503.pdf] (2/18/15). Note: This incident was the result of too many errors and failures and misadventures, including an unfortunately timed potty break, to easily summarize. I highly recommend reading the report in full.

UK – shipping fleet statistics

clip_image011 The UK Department for Transport (DfT) posted its shipping fleet statistics [located at https://www.gov.uk/government/statistics/shipping-fleet-statistics-2014] for 2014. During the year, there were 453 UK-registered trading vessels, totaling 12.3 million gross tons (a decline of 9% from 2013). (2/18/15).

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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 – February 2015

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February 23rd, 2015 at 11:07 pm

Bryant’s Maritime Blog – 18 February 2015

Headlines:

USCG – medical waiver proposal;

USCG – fire protection measures on cruise ships;

DOJ – operator & engineer plead guilty;

MARAD – WOW Conference;

General Order on Port & Starboard – 18 February 1846; and

Motor Lifeboat 36500 – rescue of 18 February 1952.

February 18, 2015

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. Soon after a new safety device is invented, innovative mariners develop a work-around.

USCG – medical waiver proposal

clip_image004 The US Coast Guard proposes to amend its policy of medical waivers for merchant mariner credential applicants with the following conditions: cardiomyopathy; diabetes mellitus; narcolepsy; and obstructive sleep apnea. Comments on the proposal must be received by 19 May. 80 Fed. Reg. 8586 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-18/pdf/2015-03109.pdf] (2/18/15).

USCG – fire protection measures on cruise ships

clip_image005 clip_image007 The US Coast Guard posted two fire protection notices [located at https://homeport.uscg.mil/cgi-bin/st/portal/uscg_docs/MyCG/Editorial/20150217/clianotices_3.pdf?id=d2a76029192fbcd684caa7f1d64d9ef030cf9ae9] issued by the Cruise Lines International Association (CLIA). The first notice relates to fire protection measures for covered mooring decks and the second notice relates to water mist fire suppression systems in category “A” machinery spaces. (2/17/15).

DOJ – operator & engineer plead guilty

clip_image009 The Department of Justice (DOJ) issued a news release [located at http://www.justice.gov/usao-ak/pr/shipping-company-and-chief-engineer-charged-dumping-oil-alaskas-exclusive-economic-zone] stating that the operator and former chief engineer of the vehicle carrier City of Tokyo have pleaded guilty in federal court to charges of dumping oily waste into waters of the United States and to knowingly creating and presenting to the US Coast Guard a fraudulent oil record book (ORB). The operator has agreed to pay $800,000 and to serve three years of probation, during which time it will implement an environmental compliance program. (2/12/15).

MARAD – WOW Conference

clip_image011 The Maritime Administration (MARAD) issued a notice [located at http://www.marad.dot.gov/mariners_landing_page/women_on_the_water/WOWhome.htm] announcing that the seventh annual Women on the Water (WOW) Conference will be held at the US Merchant Marine Academy on 25-27 March. Registration is now open. (2/27/15).

General Order on Port and Starboard – 18 February 1846

clip_image013 On 18 February 1846, Secretary of the Navy George Bancroft issued the following General Order: “It having been repeatedly represented to the Department, that confusion arises from the use of the words ‘Larboard’ and ‘Starboard’, in consequence of the similarity of sound, the word ‘Port’ is hereafter to be substituted for ‘Larboard’.”

Motor lifeboat CG 36500 – rescue of 18 February 1952

clip_image015 The US Coast Guard motor lifeboat 36500 is the only one of the many hundreds that were built between the 1930s and the 1950s to be placed on the National Register of Historic Places. On 18 February 1952, during a severe winter storm off Cape Cod, two T-2 tankers, SS Fort Mercer and SS Pendleton, suffered separate massive material failures and both broke in half. The Coast Guard learned of the SS Fort Mercer casualty and dispatched a cutter and a motor lifeboat. Several hours later, the two halves of the hull of SS Pendleton were observed. The CG 36500 was dispatched with a crew of four volunteers: BM1 Bernard “Bernie” Webber, ENG3 Andrew “Andy” Fitzgerald, SN Irving “Ervin” Maske, and SN Richard Livesey. The survivors of SS Fort Mercer were rescued and brought ashore in trying conditions, but in typical Coast Guard fashion. The bow section of SS Pendleton, with the master and seven crewmembers, eventually sank with no survivors. The stern section, with 32 crewmembers, remained afloat. BM1 Webber maneuvered the CG 36500 alongside and took the crewmembers on board, despite the horrendous seas and the fact that the motor lifeboat was rated for a maximum of twelve persons. The stern section of SS Pendleton sank minutes after the last crewmember got off, but then grounded on a shoal where it remained for many years. BM1 Webber returned slowly and carefully to the Chatham Station, delivering the survivors to an amazed group of local residents, fishermen, and fellow Coast Guardsmen on the pier. Later that year, BM1 Webber and the other three Coast Guardsmen from the CG 36500 were awarded the Coast Guard Gold Lifesaving Medal, the service’s highest award. Motor lifeboat CG 36500 continued on active duty until stricken from the rolls in 1968. Three of the four brave men are now deceased. The lifeboat, though, has been fully restored and is lovingly maintained by the Orleans Historical Society at Rock Harbor in Orleans, Massachusetts, not far from where it served in Chatham in 1952. Several books and numerous articles have been published about the incident and a motion picture is now in production.

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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 – February 2015

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February 17th, 2015 at 12:08 pm

Bryant’s Maritime Blog – 17 February 2015

Headlines:

White House – cybersecurity information sharing;

Antarctic – icebreaker frees beset fishing vessel;

Seattle – protest results in MMC suspension;

USCG – CIRCAC;

USCG – maritime cybersecurity standards;

DOE – application to export LNG;

FMC – Port Environmental Initiatives Forum;

House – bill introduced to lift Cuban trade embargo;

California – SLC meeting;

Court – BP not Transocean additional insured;

EMSA – overview of marine casualties;

ReCAAP – January report; and

Sea Empress grounding & salvage – 15-21 February 1996.

February 17, 2015

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. Soon after a new safety device is invented, innovative mariners develop a work-around.

White House – cybersecurity information sharing

clip_image004 President Obama issued an Executive Order [located at http://www.whitehouse.gov/the-press-office/2015/02/13/executive-order-promoting-private-sector-cybersecurity-information-shari] to promote private sector cybersecurity information sharing. (2/13/15).

Antarctic – icebreaker frees beset fishing vessel

clip_image006 The US Coast Guard issued a news release [located at http://www.uscgnews.com/go/doc/4007/2462906/] stating that the icebreaker Polar Star has reached the fishing vessel beset in Antarctic ice. Using a remotely operated vehicle, it will assess the damage to the fishing vessel and then either escort or tow the fishing vessel out of the ice and to another vessel waiting in open water to continue the tow to port. A second news release [located at http://www.uscgnews.com/go/doc/4007/2463142/] states that Polar Star has towed the fishing vessel to a small portion of open water to test the vessel’s propulsion system prior to the 60-mile voyage to the open seas. Maritime New Zealand issued a media release [located at http://www.maritimenz.govt.nz/news/media-releases-2014/20150216b.asp] announcing that Polar Star successfully escorted the fishing vessel to the open seas, where it was met by another fishing vessel that will escort it toward port in New Zealand. (2/16/15).

Seattle – protest results in MMC suspension

clip_image007 The US Coast Guard issued a news release [located at http://www.uscgnews.com/go/doc/4007/2462130/] stating that a federal judge approved a settlement between the Coast Guard and the operator of a tug resulting in a two-month suspension of the operator’s Merchant Marine Credential (MMC), mandatory attendance at an anger management class, and a 24-month probationary period. The Coast Guard found that the operator had directly endangered the passengers and crew of multiple Washington State ferries by purposely hindering safe transits during rush hour traffic in Elliot Bay near Seattle on 7 October 2014. The tug operator contended that these were acts of civil disobedience to protest an on-water obstruction to the tug’s attempt to moor. (2/13/15).

USCG – CIRCAC

clip_image007[1] The US Coast Guard issued a notice stating that it has recertified the Cook Inlet Regional Citizens’ Advisory Council (CIRCAC) as an alternative voluntary advisory group to monitor activities of terminal facilities and crude oil tankers under the Cook Inlet Program. 80 Fed. Reg. 8335 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-17/pdf/2015-03187.pdf] (2/17/15).

USCG – maritime cybersecurity standards

clip_image007[2] The US Coast Guard has extended, until 15 April, the period within which to submit comments on its proposed guidance on maritime cybersecurity standards. 80 Fed. Reg. 8336 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-17/pdf/2015-03205.pdf] (2/17/15).

DOE – application to export LNG

clip_image009 The Department of Energy (DOE) has extended, until 12 March, the period within which to submit comments on the application of SCT&E LNG, LLC to export liquefied natural gas (LNG). 80 Fed. Reg. 8295 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-02-17/pdf/2015-03145.pdf] (2/17/15).

FMC – Port Environmental Initiatives Forum

clip_image011 The Federal Maritime Commission (FMC) issued a news release [located at http://www.fmc.gov/2015-port-environmental-forum/] announcing that the 2015 Port Environmental Initiatives Forum – Collaborating with Competitors: Challenges, Goals, and Success Stories in Addressing Environmental Concerns – will be held on 20 February in Washington, DC. (2/12/15).

House – bill introduced to lift Cuban trade embargo

clip_image013 Representative Serrano (D-NY) introduced the Cuba Reconciliation Act (H.R. 735) [located at http://www.gpo.gov/fdsys/pkg/BILLS-114hr735ih/pdf/BILLS-114hr735ih.pdf] to lift the trade embargo on Cuba, and for other purposes. (2/4/15).

California – SLC meeting

clip_image015 The California State Lands Commission (SLC) will meet in Sacramento on 20 February. Among the items on the agenda [located at http://www.slc.ca.gov/Meeting_Summaries/02-20-15/Agenda.htm] is consideration of opposing federal legislation that would preempt states’ authority to address vessel discharges. (2/9/15).

Court – BP not Transocean additional insured

clip_image017 The Texas Supreme Court ruled that BP is not covered under Transocean insurance policies for damages arising from subsurface pollution because, under their drilling contract, BP assumed liability for such claims. In re Deepwater Horizon, No. 13-0670 (Texas, February 13, 2015) [located at http://www.txcourts.gov/media/847147/130670.pdf]. Note: This item was first brought to my attention by my good friend John Driscoll.

EMSA – overview of marine casualties

clip_image019 The European Maritime Safety Agency (EMSA) posted its Annual Review of Marine Casualties and Incidents, providing a high-level analysis of accidents reported in the European Marine Casualty Information Platform during the years 2011-2013. (1/30/15).

ReCAAP – January report

clip_image021 The ReCAAP Information Sharing Centre posted its January report [located at http://www.recaap.org/Portals/0/docs/Reports/2015/ReCAAP%20ISC%20January%202015%20Report.pdf] stating that a total of ten incidents of robbery onboard ships were reported in Asia during the month, with no reported incidents of piracy. There has been a continuous decline in the number of reported incidents during the past three months. On the other hand, there were only eight reported incidents during January 2014. (2/13/15).

Sea Empress grounding & salvage – 15-21 February 1996

clip_image022 On 15 February 1996, the tanker Sea Empress grounded while entering the port of Milford Haven, spilling approximately 2,500 tons of its cargo of crude oil. The vessel was quickly refloated and anchored in deep water in preparation for lightening some of the remaining cargo. Gale force winds drove the tanker aground again, spilling an additional 69,300 tons of crude oil. The tanker was finally refloated again on 21 February and salvage was completed. Investigation revealed that the initial grounding was due to pilot error, arising from inexperience alone. The subsequent grounding was the result, in part, of insufficient tugs of appropriate power and maneuverability, together with a lack of full understanding of local tidal currents.

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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 – February 2015

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    logo11 Unfamiliar ships

    In the February 2015 of Maritime Reporter and Engineering News, you can find my article entitled "Unfamiliar ships". In the article, I discuss the importance of mariners being familiar with the particular ship in which they are serving and the obligation of the owner/operator to ensure that ship's personnel are familiarized with their specific duties and with all ship arrangements, installations, equipment, procedures, and ship characteristics that are relevant to their routine or emergency duties prior to assuming those duties.