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Bryant's Maritime Consulting

August 15th, 2018 at 10:04 am

Bryant’s Maritime Blog – 15 August 2018

Headlines:

White House – Defense Authorization Act signed into law;

USCG – new NOAD schema to be released;

Court – premises liability under state law; and

Court – slip and fall on cruise ship.

August 15, 2018

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Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Contact me to help you reach your target audience among over 5,000 subscribers

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. One must never blatantly assume the existence of right triangles.

White House – Defense Authorization Act signed into law

clip_image004 The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (H.R. 5515) has been signed into law. While not appropriating new monies, it does provide direction on how funds should be expended. Among other things, it notes that the Coast Guard should maintain an inventory of six polar-class icebreakers beginning not later than fiscal year 2029. (8/13/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr5515enr/pdf/BILLS-115hr5515enr.pdf].

USCG – new NOAD schema to be released

clip_image006 The USCG National Vessel Movement Center (NVMC) issued a notice stating that on Tuesday, 13 November 2018, an updated NOAD schema, versioned 3.6, will be released and will contain various schema improvements, updates to our ports list and retirement of the NVMC workbook as a means of submission for Outer Continental Shelf (OCS) NOAs.  (8/14/18) [https://www.nvmc.uscg.gov/nvmc/(S(yaxcafted0qjeu1is4qlck5d))/News.aspx?newsId=935f86a0-2308-4e31-9db3-c73dcef705c5].

Court – premises liability under state law

clip_image008 The US Court of Appeals for the Ninth Circuit issued an order certifying a question to the Washington Supreme Court regarding whether under state law a party (defendant Port of Bellingham) is liable as premises owner for an injury that occurs on part of a leased property used exclusively be another party (the Alaska Marine Highway System) at the time of the injury where the lease transferred only priority usage of the property. Plaintiff was injured when a passenger ramp that she was operating at the port fell. The district court held that the Port was liable. The Port appealed. Adamson v Port of Bellingham, No. 16-35314 (9th Cir., August 14, 2018) [http://cdn.ca9.uscourts.gov/datastore/opinions/2018/08/14/16-35314o.pdf].

Court – slip and fall on cruise ship

clip_image010 In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit affirmed the award of summary judgment in favor of defendant cruise line in a slip and fall case brought by an injured passenger, holding that plaintiff presented no probative evidence that defendant had violated any applicable industry standard. Krug v Celebrity Cruises, No. 17-14819 (11th Cir., August 14, 2018) [http://media.ca11.uscourts.gov/opinions/unpub/files/201714819.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 – August 2018

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August 14th, 2018 at 10:28 am

Bryant’s Maritime Newsletter – 14 August 2018

Headlines:

Baltimore – anchorage grounds proposal;

DOE – application to export LNG;

BOEM – offshore sand activities EA; and

Canada – AHTS conversions to icebreakers.

August 14, 2018

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Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Contact me to help you reach your target audience among over 5,000 subscribers

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. One must never blatantly assume the existence of right triangles.

Baltimore – anchorage ground proposal

clip_image004 The US Coast Guard proposes to amend its regulations relating to three Baltimore Harbor anchorage grounds and to establish a new general anchorage ground. Comments must be received by 13 November. 83 Fed. Reg. 40164 (8/14/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-14/pdf/2018-17469.pdf].

DOE – application to export LNG

clip_image006 The Department of Energy (DOE) issued a notice stating that it received an application from Corpus Christi Liquefaction State III, LLC requesting authorization to export liquefied natural gas (LNG). Comments must be received by 14 October. 83 Fed. Reg. 40269 (8/14/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-14/pdf/2018-17437.pdf].

BOEM – offshore sand activities EA

clip_image008 The Bureau of Ocean Energy Management (BOEM) issued a press release stating that it seeks comment on its draft environmental assessment (EA) for offshore sand activities along the Atlantic and Gulf coasts. (8/10/18) [https://www.boem.gov/note08102018/].

Canada – AHTS conversions to icebreakers

clip_image010 Public Services and Procurement Canada issued a notice stating that a contract has been awarded to Chantier Davie shipyard for the acquisition of three anchor handling tug supply (AHTS) vessels and conversion into icebreakers for service in the Canadian Coast Guard. (8/10/18) [https://www.canada.ca/en/public-services-procurement/news/2018/08/government-of-canada-awards-contract-to-enhance-canadian-coast-guard-icebreaking-capability-securing-middle-class-jobs-in-quebec.html].

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – August 2018

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August 13th, 2018 at 10:34 am

Bryant’s Maritime Newsletter – 13 August 2018

Headlines:

New Orleans – safety zone for fireworks displays;

Senate – bill introduced re amphibious passenger vessels;

Senate – bill introduced re Columbia River pinnipeds; and

House – bill introduced to amend OCSLA.

August 13, 2018

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Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Contact me to help you reach your target audience among over 5,000 subscribers

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. One must never blatantly assume the existence of right triangles.

New Orleans – safety zone for fireworks displays

clip_image004 The US Coast Guard promulgated a final rule establishing a permanent safety zone on waters of the Lower Mississippi River between mile markers 94 and 97, above Head of Passes, to provide for safety during fireworks displays. The safety zone will be in effect during announced fireworks displays. 83 Fed. Reg. 39882 (8/13/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-13/pdf/2018-17263.pdf].

Senate – bill introduced re amphibious passenger vessels

clip_image006 Senator McCaskill (D-MO) introduced a bill (S. 3301) to implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. Senator McCaskill issued a news release explaining the measure. (7/31/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115s3301is/pdf/BILLS-115s3301is.pdf].

Senate – bill introduced re Columbia River pinnipeds

clip_image006[1] Senator Merkley (D-OR) introduced the Predation Reduction of Salmon Act (S. 3315) to allow for the taking of pinnipeds on the Columbia River and its tributaries to protect endangered and threatened species of salmon and other nonlisted fish species. (7/31/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115s3315is/pdf/BILLS-115s3315is.pdf].

House – bill introduced to amend OCSLA

clip_image008 Delegate Bordallo (D-GU) introduced a bill (H.R. 6665) to amend the Outer Continental Shelf Lands Act to apply to territories of the United States, to establish offshore wind lease sale requirements, to provide dedicated funding for coral reef conservation, and for other purposes. Official text of the bill is not yet available. (8/10/18).

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If you have questions regarding the above items or are interested in advertising in this newsletter, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – August 2018

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August 10th, 2018 at 10:41 am

Bryant’s Maritime Blog – 10 August 2018

Headlines:

USCG – STCW endorsements as OICNW of vessels less than 500 GT;

USCG – STCW endorsements as Master of vessels less than500 GT;

USCG – recap of meeting with AWO;

MARAD – meeting on 12 September re DWP;

IWUB – meeting rescheduled to 28 August;

NOAA – lower than normal hurricane season; and

Panama Canal – July operations.

August 10, 2018

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Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Contact me to help you reach your target audience among over 5,000 subscribers

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. One must never blatantly assume the existence of right triangles.

USCG – STCW endorsements as OICNW of vessels less than 500 GT

clip_image004 The US Coast Guard issued a Navigation and Vessel Inspection Circular (NVIC) providing guidance on qualification for and renewal of STCW endorsements for service as Officer in Charge of a Navigational Watch (OICNW) on vessels of less than 500 GT that are valid in all waters. NVIC 02-18 (8/6/18) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/2018/NVIC-02_18.pdf].

USCG – STCW endorsements as Master of vessels less than 500 GT

clip_image005 The US Coast Guard issued a Navigation and Vessel Inspection Circular (NVIC) providing guidance on qualification for and renewal of STCW endorsements for service as Master on vessels of less than 500 GT that are valid in all waters NVIC 03-18 (8/6/18) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/2018/NVIC-03_18.pdf].

USCG – recap of meeting with AWO

clip_image005[1] The US Coast Guard posted a bulletin providing a recap of the Coast Guard-American Waterways Operators (AWO) steering committee meeting of 31 July, which focused on concerns of the partnership and industry. (8/9/18) [http://mariners.coastguard.dodlive.mil/2018/08/09/8-9-2018-recap-of-coast-guard-american-waterways-operators-steering-committee-meeting/].

MARAD – meeting on 12 September re DWP

clip_image007 The Maritime Administration (MARAD) issued a notice stating that a public scoping meeting will be held on 12 September in Corpus Christi in connection with the Texas Gulf Terminals, Inc. deepwater port (DWP) license application. Written comments on the application must be received by 14 September. 83 Fed. Reg. 39813 (8/10/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-10/pdf/2018-17108.pdf].

IWUB – meeting rescheduled to 28 August

clip_image009 The US Army Corps of Engineers (USACE) issued a notice stating that the meeting of the Inland Waterways Users Board (IWUB), originally scheduled for 30 August, has been rescheduled to 28 August. 83 Fed. Reg. 39734 (8/10/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-10/pdf/2018-17157.pdf].

NOAA – lower than normal hurricane season

clip_image011 The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that it is now forecasting a lower than normal hurricane season in the North Atlantic for 2018. (8/9/18) [http://www.noaa.gov/media-release/noaa-forecasters-lower-atlantic-hurricane-season-prediction].

Panama Canal – July operations

clip_image013 The Panama Canal Authority (ACP) issued an advisory summarizing Canal operations during July. It also includes the schedule of locks maintenance outages for the remainder of the year. Advisory 27-2018 (8/8/18) [https://www.pancanal.com/common/maritime/advisories/2018/a-27-2018.pdf].

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If you have questions regarding the above items or are interested in advertising in this newsletter, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – August 2018

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August 9th, 2018 at 10:17 am

Bryant’s Maritime Blog – 9 August 2018

Headlines:

DOJ – cocaine smugglers sentenced;

DOJ – man pleads guilty to accepting $2.5 million;

MARAD – $4.8 million in Marine Highway grants;

Senate – bill introduced re waterfront communities;

Senate – bill introduced re ports and intermodal connections;

House – bill introduced re oil spills;

GAO – sustaining the US-flag fleet; and

New Zealand – vessel lost due to crew fatigue.

August 9, 2018

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Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Contact me to help you reach your target audience among over 5,000 subscribers

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. One must never blatantly assume the existence of right triangles.

DOJ – cocaine smugglers sentenced

clip_image004 The Department of Justice (DOJ) issued a news release stating that five crew members of a low-profile vessel smuggling 1,205 pounds of cocaine have been sentenced to prison, with the captain of the vessel receiving 210 months in jail. The capture by the US Coast Guard involved the use of disabling fire from a Coast Guard helicopter as the captain tried to flee on a go-fast boat. (7/19/18) [https://www.justice.gov/usao-sdca/pr/five-crew-members-sentenced-smuggling-1205-pounds-cocaine-high-seas-captain-low-profile].

DOJ – man pleads guilty to accepting $2.5 million

clip_image004[1] The Department of Justice (DOJ) issued a news release stating that a man pleaded guilty to soliciting and accepting $2,536,119.19 in bribes and kickbacks associated with federal energy savings performance contracts. The contracts included a US Coast Guard project in Puerto Rico and a US Navy project in California. (8/6/18) [https://www.justice.gov/usao-vt/pr/florida-man-pleads-guilty-accepting-25-million-bribes-and-kickbacks-0].

MARAD – $4.8 million in Marine Highway grants

clip_image006 The Maritime Administration (MARAD) issued a news release stating that $4.8 million has been awarded in grants to six Marine Highway projects. (8/8/18) [https://www.marad.dot.gov/newsroom/news_release/2018/maritime-administration-awards-4-8-million-in-grants-for-marine-highway-projects-throughout-the-u-s/].

Senate – bill introduced re waterfront communities

clip_image008 Senator Baldwin (D-WI) introduced the Waterfront Community Revitalization and Resiliency Act of 2018 (S. 3265) to require the Secretary of Commerce to undertake certain activities to support waterfront community revitalization and resiliency, and for other purposes. (7/25/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115s3265is/pdf/BILLS-115s3265is.pdf].

Senate – bill introduced re ports and intermodal connections

clip_image008[1] Senator Wicker (R-MS) introduced the Port Operations, Research, and Technology Act (S. 3273) to improve the safety, efficiency, and reliability of the movement of goods through ports and intermodal connections to ports, and for other purposes. (7/25/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115s3273is/pdf/BILLS-115s3273is.pdf].

House – bill introduced re oil spills

clip_image010 Representative Engel (D-NY) introduced a bill (H.R. 6658) to amend the Internal Revenue Code of 1986 to deny certain tax benefits to persons responsible for the discharge of oil or other hazardous substances into navigable waters of the United States. Official text of the bill is not yet available. (8/7/18).

GAO – sustaining the US-flag fleet

clip_image012 The Government Accountability Office (GAO) issued a report on sustaining the US-flag fleet. The report notes that in a crisis, the government relies on oceangoing US-flag ships and US-citizen crews to help the military. To ensure their availability, the government provides stipends and requires certain government cargoes to be shipped on US-flag ships. Despite these efforts, there are challenges. In recent years, US-flag ships have become more expensive to run and the government has shipped less cargo—making it harder for carriers to stay in business. In addition, there may not be enough US-citizen sailors to meet defense needs. The report recommends that the Department of Transportation (DOT) complete its development of a US maritime strategy. GAO-18-478 (8/8/18) [https://www.gao.gov/assets/700/693802.pdf].

New Zealand – vessel lost due to crew fatigue

clip_image014 Maritime New Zealand issued a media release stating that the owner of a commercial fishing vessel was fined $27,200 after being convicted of dangerous maritime activity following the loss of the vessel due to excessive crew fatigue. (8/7/18) [<a href="http://www.brymar-consulting.com/wp-content/uploads/2018/08/NEWS180807.pdf">August 7, 2018</a>].

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If you have questions regarding the above items or are interested in advertising in this newsletter, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – August 2018

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August 8th, 2018 at 10:10 am

Bryant’s Maritime Blog – 8 August 2018

Headlines:

OFAC – sanctions against Iran;

NTSB – preliminary report re fatal duck boat sinking;

DOJ – Navy officer pleads guilty;

MERPAC – meeting on 11-12 September;

USCG – HYDROLANT and HYDROPAC rebroadcasts;

GAO – aircraft carrier dismantlement;

Court – failure to warn;

Court – trade dress action;

India – shore power supply to ships;

RMI – inadequate reception facilities; and

Panama Canal – lock outage.

August 8, 2018

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

Contact me to help you reach your target audience among over 5,000 subscribers

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. One must never blatantly assume the existence of right triangles.

OFAC – sanctions against Iran

clip_image004 The Office of Foreign Assets Control (OFAC) issued updated guidance regarding the renewed economic sanctions against Iran. (8/7/18) [https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20180806.aspx].

NTSB – preliminary report re fatal duck boat sinking

clip_image006 The National Transportation Safety Board (NTSB) posted its Preliminary Report regarding the fatal sinking of the duck boat Stretch Duck 07 on Table Rock Lake on 19 July 2018. The report provides an update on the status of the investigation and draws no conclusions. (8/7/18) [https://www.ntsb.gov/investigations/AccidentReports/Reports/DCA18MM028-preliminary-report.pdf].

DOJ – Navy officer pleads guilty

clip_image008 The Department of Justice (DOJ) issued a news release stating that a US Navy officer pleaded guilty in federal court to his role in a $2.7 million procurement fraud scheme and to lying on his federal income tax return. He faces up to 20 years in prison. (8/6/18) [https://www.justice.gov/usao-edva/pr/navy-officer-pleads-guilty-27-million-fraud-scheme].

MERPAC – meeting on 11-12 September

clip_image010 The Merchant Marine Personnel Advisory Committee (MERPAC), sponsored by the US Coast Guard, will meet on 11-12 September in Dania Beach, Florida. Topics on the agenda include implementation of the 2013 amendments to the STCW and fatigue mitigation and management. 83 Fed. Reg. 39109 (8/8/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-08/pdf/2018-16948.pdf].

USCG – HYDROLANT and HYDROPAC rebroadcasts

clip_image010[1] The US Coast Guard issued a notice stating that on 30 August it will cease the rebroadcast of HYDROLANT and HYDROPAC information broadcast by the National Geospatial-Intelligence Agency. 83 Fed. Reg. 39109 (8/8/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-08/pdf/2018-16954.pdf].

GAO – aircraft carrier dismantlement

clip_image012 The Government Accountability Office (GAO) posted its report on aircraft carrier management and disposal. The report states that dismantling and disposing of the ex-USS Enterprise nuclear aircraft carrier may cost the Navy more than $1 billion. Typical budget and reporting on dismantlement and disposal does not give enough information to support oversight for a project of this size and cost. The report recommends that the Navy provide additional budget information and reporting for the project. Using commercial industry to dismantle and dispose of the aircraft carrier may offer many benefits to the Navy. At present, a regulatory disagreement between agencies hampers this possibility. The report suggests that Congress consider action to resolve this. GAO-18-523 (8/2/18) [https://www.gao.gov/assets/700/693654.pdf].

Court – failure to warn

clip_image014 The US Court of Appeals for the Fifth Circuit affirmed the jury finding in a shipyard accident case that the manufacturer of a crane being used in the tandem lift of the bow of a ship under construction is liable for failure to warn crane operators that, if the crane tips over, large weights stacked on the rear of the crane can slide forward and strike the operator’s cab. Williams v Manitowoc Cranes, No. 17-60458 (5th Cir., August 3, 2018) [http://www.ca5.uscourts.gov/opinions/pub/17/17-60458-CV0.pdf].

Court – trade dress action

clip_image016 The US Court of Appeals for the Eleventh Circuit affirmed the district court’s grant of summary judgment in favor of defendant boat builder in a trade dress action brought by another boat builder for copying plaintiff’s hull design. The court found that the hulls of defendant’s boats were not confusingly similar to the hulls of plaintiff’s boats. Yellowfin Yachts v Barker Boatworks, No. 17-11176 (11th Cir., August 7, 2018) [http://media.ca11.uscourts.gov/opinions/pub/files/201711176.pdf].

India – shore power supply to ships

clip_image018 The Indian Directorate General of Shipping (DGS) posted the Draft of its proposed Standard Operating Procedure (SOP) for shore power supply to ships in Indian ports. Comments must be submitted by 15 August. (7/27/18) [http://dgshipping.gov.in/writereaddata/News/201808060540084802853Draft_SOP_Eng_27072018.pdf].

RMI – inadequate reception facilities

clip_image020 The Maritime Administrator of the Republic of the Marshall Islands issued an updated Marine Notice providing guidance relating to reports alleging inadequate MARPOL port reception facilities. (8/6/18) [http://www.register-iri.com/forms/upload/MN-2-014-2.pdf].

Panama Canal – lock outage

clip_image022 The Panama Canal Authority (ACP) issued an advisory stating that the west lane of the Gatun Locks will be out of service from 14 through 23 August. Transit Reservation System Condition 2 will be in effect during this period. Advisory 26-2018 (8/7/18) [https://www.pancanal.com/common/maritime/advisories/2018/a-26-2018.pdf].

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If you have questions regarding the above items or are interested in advertising in this newsletter, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – August 2018

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August 7th, 2018 at 10:57 am

Bryant’s Maritime Newsletter – 7 August 2018

Headlines:

MEDMAC – meeting on 13-14 September;

India – TSS Off Mumbai High; and

Lighthouse Act – 7 August 1789.

August 7, 2018

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Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

Contact me to help you reach your target audience among over 5,000 subscribers

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. One must never blatantly assume the existence of right triangles.

MEDMAC – meeting on 13-14 September

clip_image004 The Merchant Mariner Medical Advisory Committee (MEDMAC), sponsored by the US Coast Guard, will meet on 13-14 September in Dania Beach, FL. Topics on the agenda include mariner mental health and appropriate diet and wellness. 83 Fed. Reg. 38000 (8/7/18) [].

India – TSS Off Mumbai High

clip_image006 The Indian Directorate General of Shipping (DGS) issued a notice announcing establishment of a traffic separation scheme (TSS) labeled Off Mumbai High on the west coast of India. The TSS entered into effect on 1 April 2018. (8/3/18) [http://dgshipping.gov.in/WriteReadData/News/201808030600030788146CommentsonroutingmeasuresonwestcoastofIndia.pdf].

Lighthouse Act – 7 August 1789

clip_image008 The Lighthouse Act was the ninth statute adopted by the First Congress of the United States. It provided for the voluntary cession by the various states of all lighthouses, beacons, buoys, and public piers to the federal government and tasked the Secretary of the Treasury with building and maintaining the aids to maritime navigation. The Lighthouse Establishment (later named the United States Light House Service) is the oldest of the various components of the present-day United States Coast Guard, joining in 1939.

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – August 2018

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August 6th, 2018 at 9:52 am

Bryant’s Maritime Blog – 6 August 2018

Headlines:

White House – TWIC Accountability Act;

USCG – TWIC reader update;

USCG & FEMA – MOU re PSGP;

USCG – polar icebreaker PEIS;

MARAD – DWP license application received;

OSHA – shipyard cited for safety violations;

BSEE – seeking physical scientist;

Court – Himalaya Clause interpreted;

Arctic Council – Large Marine Ecosystems; and

Cyprus – electronic certificates accepted.

August 6, 2018

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

Contact me to help you reach your target audience among over 5,000 subscribers

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. One must never blatantly assume the existence of right triangles.

White House – TWIC Accountability Act

clip_image004 President Trump signed into law the Transportation Worker Identification Credential Accountability Act of 2018 (H.R. 5729), which prohibits the Coast Guard from requiring use of a biometric reader until after submission of a report to Congress on the efficacy of credentialing requirements for enhancing security. (8/2/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr5729enr/pdf/BILLS-115hr5729enr.pdf].

USCG – TWIC reader update

clip_image006 The US Coast Guard issued a bulletin providing an update regarding the TWIC reader final rule. (8/3/18) [http://mariners.coastguard.dodlive.mil/2018/08/03/8-3-2018-latest-developments-regarding-twic-reader-final-rule/].

USCG & FEMA – MOU re PSGP

clip_image006[1] clip_image008 The US Coast Guard issued a bulletin announcing that it and the Federal Emergency Management Agency (FEMA) have signed a new Memorandum of Understanding (MOU) to formalize each agency’s responsibilities relating to the Port Security Grant Program (PSGP). (8/3/18) [http://mariners.coastguard.dodlive.mil/2018/08/03/8-3-2018-coast-guard-fema-sign-new-port-security-grant-program-memorandum-of-understanding/].

USCG – polar icebreaker PEIS

clip_image009 The US Coast Guard issued a notice stating that it has prepared a draft Programmatic Environmental Impact Statement (PEIS) for the Polar Icebreaker Program’s design and build of up to six polar icebreakers. Comments must be submitted by 20 September. 83 Fed. Reg. 38317 (8/6/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-06/pdf/2018-16760.pdf].

MARAD – DWP license application received

clip_image011 The Maritime Administration (MARAD) issued a notice stating that it and the US Coast Guard have received an application from Texas Gulf Terminals, Inc. for the licensing of a deepwater port (DWP) in the Gulf of Mexico off the coast of Texas. 83 Fed. Reg. 38455 (8/6/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-06/pdf/2018-16673.pdf].

OSHA – shipyard cited for safety violations

clip_image012 The Occupational Safety and Health Administration (OSHA) issued a news release stating that it has cited Vigor Marine, Inc. for 16 willful and serious violations following an inspection at the shipbuilder’s Portland, Oregon facility. The company faces proposed penalties totaling $370,358. (7/31/18) [https://www.osha.gov/news/newsreleases/region10/07312018].

BSEE – seeking physical scientist

clip_image014 The Bureau of Safety and Environmental Enforcement (BSEE) seeks qualified applicants for the position of Physical Scientist, GS-1301-11/12/13; FPL: GS-13 at the Pacific Oil Spill Preparedness Section in Camarillo, California. BSEE-EEGG-18-KS-064(DEU):  https://www.usajobs.gov/GetJob/ViewDetails/506149100 .

BSEE-EEGG-18-KS-065(MP): https://www.usajobs.gov/GetJob/ViewDetails/506313600  . Closing Date: Friday, August 10th, 2018.

Court – Himalaya Clause interpreted

clip_image016 The US Court of Appeals for the Fifth Circuit affirmed the district court grant of summary judgment in favor of various links in a multimodal shipment chain that were sued by the owner of cargo damaged in shipment under a through bill of lading. The court held that the Himalaya Clause in the bill of lading prevailed over various clauses in the cargo owner’s original contract with the intermediary who had arranged the shipment. Royal SMIT Transformers v Onego Shipping, No. 17-30543 (5th Cir., August 2, 2018) [http://www.ca5.uscourts.gov/opinions/pub/17/17-30543-CV0.pdf]. Note: This item was brought to my attention by my good friend Don Haycraft of Liskow & Lewis.

Arctic Council – Large Marine Ecosystems

clip_image018 The Arctic Council issued a news release announcing publication of a series of fact sheets on the Large Marine Ecosystems of the Arctic providing a new lens through which to see the Arctic’s natural boundaries. (7/31/18) [https://www.arctic-council.org/index.php/en/our-work2/8-news-and-events/492-lme-fact-sheets].

Cyprus – electronic certificates accepted

clip_image020 The Cypriot Ministry of Shipping issued a notice stating that it now accepts electronic certificates issued by recognized organizations to the extent that the electronic documents conform to IMO standards. Circular 14-2018 (7/13/18) [http://www.dms.gov.cy/dms/dms.nsf/All/38B555B2A847899FC22582C90020F07B/$file/14-2018%20(2018-07-13).pdf?OpenElement].

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clip_image022 If you are not receiving my almost daily electronic newsletter and would like to have it sent directly to your email inbox, please send me an email, or see below:

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If you have questions regarding the above items or are interested in advertising in this newsletter, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – August 2018

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August 3rd, 2018 at 10:10 am

Bryant’s Maritime Blog – 3 August 2018

Headlines:

USCG – foreign rebuild determination;

USCG – reporting waterway hazards;

DOS – meeting on 30 August re CCC 5;

Congress – National Defense Authorization Act;

Court – suit against Queen Elizabeth dismissed; and

Australia – stowage of shipping containers.

August 3, 2018

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

Contact me to help you reach your target audience among over 5,000 subscribers

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. One must never blatantly assume the existence of right triangles.

USCG – foreign rebuild determination

clip_image004 The US Coast Guard issued a Determination Letter finding that work to be done in a foreign shipyard on a US-flag molten sulfur tanker was of a sufficiently minor nature as to not adversely impact the vessel’s eligibility to engage in the coastwise trade. (8/2/18) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/NVDC/SULPHUR.pdf?ver=2018-08-02-105904-157].

USCG – reporting waterway hazards

clip_image005 The US Coast Guard issued a bulletin reminding mariners of the options available for reporting of waterway hazards. (8/2/18) [http://mariners.coastguard.dodlive.mil/2018/08/02/8-2-2018-do-you-know-how-to-report-waterway-hazards/].

DOS – meeting on 30 August re CCC 5

clip_image007 The Department of State (DOS) will conduct an open meeting on 30 August in Washington, DC to prepare for the upcoming session of the IMO Sub-Committee on Carriage of Cargoes and Containers (CCC 5). Topics on the agenda include amendments to the IGF Code and amendments to the CSS Code with regard to weather-dependent lashings. 83 Fed. Reg. 38199 (8/3/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-03/pdf/2018-16677.pdf].

Congress – National Defense Authorization Act

clip_image009 Congress has passed and sent to the President the National Defense Authorization Act for Fiscal Year 2019 (H.R. 5515). Among other things, the bill authorizes the Coast Guard to enter into a contract or contracts for procurement up to six polar-class icebreakers, including heavy icebreakers and medium icebreakers. (6/18/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr5515pap/pdf/BILLS-115hr5515pap.pdf]. The Conference Report accompanying the bill is also of interest. (7/25/18) [https://www.gpo.gov/fdsys/pkg/CRPT-115hrpt875/pdf/CRPT-115hrpt875.pdf].

Court – suit against Queen Elizabeth dismissed

clip_image011 In an unpublished decision, the US Court of Appeals for the Third Circuit affirmed the district court’s dismissal of plaintiff’s suit against the Queen of Great Britain. Plaintiff asserted that America is having a constitutional crisis and that the Democrats and Republicans were failing to fix things. Because the complaint failed to list any actions by the Queen that caused the plaintiff harm, the court agreed that the plaintiff had failed to state a claim against the Queen. Johnson v Queen Elizabeth, No. 18-2200 (3rd Cir., August 2, 2018) (8/2/18) [http://www2.ca3.uscourts.gov/opinarch/182200np.pdf]. Note: This is not a maritime matter, but still worthy of inclusion here.

Australia – stowage of shipping containers

clip_image013 The Australian Maritime Safety Authority (AMSA) issued a notice reminding owners, operators, and masters to stow and secure shipping containers in accordance with approved arrangements. Marine Notice 3-2018 (8/2/18) [https://www.amsa.gov.au/vessels-operators/regulations-and-standards-vessels/proper-stowage-cargo-containers-marine-notice].

Coast Guard Day

clip_image015 Tomorrow, August 4, 2018, is the 228th anniversary of the enactment of legislation establishing the Revenue Cutter Service (RCS), the forerunner of today’s US Coast Guard. While nominally intended to enforce the collection of revenue from imported cargoes, the service was engaged in multiple missions from the beginning. Over time, other agencies and functions were merged into it. In 1915, with the merger of the RCS and the Life-Saving Service, the name of the agency was changed to the United States Coast Guard. An illustrious history, a proud present, and an exciting future – Semper Paratus!

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clip_image017 If you are not receiving my almost daily electronic newsletter and would like to have it sent directly to your email inbox, please send me an email, or see below:

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If you have questions regarding the above items or are interested in advertising in this newsletter, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – August 2018

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August 2nd, 2018 at 10:11 am

Bryant’s Maritime Blog – 2 August 2018

Headlines:

USCG – MBI re fatal duck boat casualty;

USCG – COI for Stretch Duck 07;

USCG – amphibious passenger vessel operations;

USCG – approval of PDFs;

Straits of Mackinac – RNA proposed;

Senate – bill introduced re amphibious passenger vessels;

Senate – bill introduced re Columbia River pinnipeds;

Court – confusing designation of arbitration situs;

Paris MOU – CIC re MARPOL, Annex VI;

Tokyo – CIC re MARPOL, Annex VI; and

UK – failure of yacht keel.

August 2, 2018

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

Contact me to help you reach your target audience among over 5,000 subscribers

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. One must never blatantly assume the existence of right triangles.

USCG – MBI re fatal duck boat casualty

clip_image004 The US Coast Guard issued a news release stating that the Commandant, Admiral Karl Schultz , has convened a formal Marine Board of Investigation (MBI) into the loss of the amphibious passenger vessel Stretch Duck 07, which occurred in Table Rock Lake on 19 July with 17 casualties and 14 survivors. The USCG MBI will be conducted in cooperation with the National Transportation Safety Board (NTSB) investigation. (8/1/18) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/202e5eb].

USCG – COI for Stretch Duck 07

clip_image004[1] The US Coast Guard released the Certificate of Inspection (COI) [redacted] for the amphibious passenger vessel Stretch Duck 07, which sank on Table Rock Lake on 19 July with 17 casualties and 14 survivors. The COI includes various operational and weather limitations. (8/1/18) [https://media.defense.gov/2018/Aug/01/2001949364/-1/-1/0/STRETCHDUCK07COI-AMENDED16MAR2018_REDACTED.PDF].

USCG – amphibious passenger vessel operations

clip_image004[2] The US Coast Guard issued a Marine Safety Information Bulletin recommending various proactive measures to be taken to enhance the safety of amphibious passenger vessel operations. MSIB 06-18 (8/1/18) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/MSIB/2018/MSIB_006_18.pdf].

USCG – approval of PFDs

clip_image004[3] The US Coast Guard issued a policy letter providing guidance for obtaining USCG approval of personal flotation devices (PFDs) that provide a level of safety at least equivalent to a PFD meeting the current regulatory requirements. The policy letter provides for utilization of ANSI/CAN/UL 12402-5 and -9 standards in this regard. CG-ENG Policy Letter 02-18 (8/1/18) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/Design%20and%20Engineering%20Standards/Life%20Saving%20and%20Fire%20Safety/Docs/L%20A%20HARM%20POLICY%2020180801-Signed.pdf?ver=2018-08-01-131843-173].

Straits of Mackinac – RNA proposed

clip_image004[4] The US Coast Guard proposes to establish a regulated navigation area (RNA) for certain waters of the Straits of Mackinac near Mackinaw City. Comments must be received by 4 September. 83 Fed. Reg. 37780 (8/2/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-08-02/pdf/2018-16549.pdf].

Senate – bill introduced re amphibious passenger vessels

clip_image006 Senator McCaskill (D-MO) introduced a bill (S. 3301) to implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. Official text of the bill is not yet available, but Senator McCaskill issued a news release explaining the measure. (7/31/18) [https://www.mccaskill.senate.gov/media-center/news-releases/mccaskill-introduces-bill-to-improve-duck-boat-safety-implement-past-recommendations].

Senate – bill introduced re Columbia River pinnipeds

clip_image007 Senator Merkley (D-OR) introduced a bill (S. 3315) to allow for the taking of pinnipeds on the Columbia River and its tributaries to protect endangered and threatened species of salmon and other nonlisted fish species. Official text of the bill is not yet available. (7/31/18).

Court – confusing designation of arbitration situs

clip_image009 The US Court of Appeals for the Eleventh Circuit reversed the judgment of the district court and directed that arbitration in this charter party dispute be conducted in London under English law. Internaves de Mexico v Andromeda Steamship, No. 17-12164 (11th Cir., August 1, 2018) [http://media.ca11.uscourts.gov/opinions/pub/files/201712164.pdf].

Paris MOU – CIC re MARPOL, Annex VI

clip_image011 The Paris MOU issued a notice stating that its next Concentrated Inspection Campaign (CIC), which will run from 1 September through 30 November 2018, will address compliance with MARPOL, Annex VI – air pollution prevention. (8/1/18) [https://www.parismou.org/launch-joint-concentrated-inspection-campaign-marpol-annex-vi].

Tokyo MOU – CIC re MARPOL, Annex VI

clip_image013 The Tokyo MOU issued a notice stating that its next Concentrated Inspection Campaign (CIC), which will run from 1 September through 30 November 2018, will address compliance with MARPOL, Annex VI – air pollution prevention. (8/1/18) [http://www.tokyo-mou.org/doc/Press%20release%20on%20CIC%20on%20MARPOL%20Annex%20VI.pdf].

UK – failure of yacht keel

clip_image015 The UK Marine Accident Investigation Branch (MAIB) issued a safety bulletin following the 7 December 2017 failure of a shallow draft lead keel fitted to the commercial yacht Tyger of London off Tenerife, Canary Islands. The bulletin contains details on the background of the incident, the initial findings, yachts fitted with similar keels, and a safety lesson. Safety Bulletin 3-2018 (8/1/18) [https://assets.publishing.service.gov.uk/media/5b604184e5274a5f5a33a3d3/2018_-_SB3_-_Tyger_of_London.pdf].

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If you have questions regarding the above items or are interested in advertising in this newsletter, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – August 2018

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    logo11 Vessel General Permit update

    In the July 2018 edition of Maritime Reporter and Engineering News, you can find my article entitled "Vessels General Permit update". The article summarizes the Vessel General Permit (VGP) program promulgated by the Environmental Protection Agency (EPA) to reduce emissions into the water from vessels. It points out that the current program expires in December 2018 and that the EPA has yet to unveil a proposed replacement.