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Bryant's Maritime Consulting

October 30th, 2014 at 8:59 am

Bryant’s Maritime Blog – 30 October 2014

Headlines:

Charleston – special anchorage area;

MARAD – DWP license application process;

FERC – Corpus Christi LNG Project;

NBSAC – meeting;

ISAC – meeting;

IWUB – meeting;

USCG – Ebola virus precautions;

USCG – post-hurricane inspection requirements;

Grays Harbor – waterways analysis study;

DOT OIG – MARAD management controls review;

CMTS – Arctic vessel projection;

DOJ – shipyard to pay $1 million;

DOJ – offshore platform owner to pay $1 million;

DOJ – fishing vessel master sentenced; and

CDFW & USCG – Spill Prevention & Response Day.

October 30, 2014

Bryant’s Maritime Blog clip_image002
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. Drink coffee – make mistakes faster and with more energy.

Charleston – special anchorage area

clip_image004 The US Coast Guard promulgated a final rule modifying the special anchorage area located in the Ashley River in Charleston. The modification enters into effect on 19 November. 79 Fed. Reg. 62568 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-10-20/pdf/2014-24910.pdf ] (10/20/14).

MARAD – DWP license application process

clip_image006 The Maritime Administration (MARAD) seeks comment on the agency’s proposed policy to accept, evaluate, and process license applications for construction and operation of offshore deepwater port (DWP) facilities for the export of oil and natural gas from the United States to foreign markets abroad. Comments should be submitted by 15 December. 79 Fed. Reg. 62242 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-10-16/pdf/2014-24609.pdf ] (10/16/14).

FERC – Corpus Christi LNG Project

clip_image008 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it has prepared a Final Environmental Impact Statement (FEIS) for the proposed Corpus Christi LNG Project. 79 Fed. Reg. 62130 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-10-16/pdf/2014-24550.pdf ] (10/16/14).

NBSAC – meeting

clip_image009 The National Boating Safety Advisory Council (NBSAC), sponsored by the US Coast Guard, will meet on 6-8 November in Arlington, Virginia. Topics on the agenda include electronic aids to navigation and the Uniform Certificate of Title Act. 79 Fed. Reg. 62644 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-10-20/pdf/2014-24915.pdf ] (10/20/14).

ISAC – meeting

clip_image011 The Invasive Species Advisory Committee (ISAC), sponsored by the Department of the Interior (DOI), will meet in San Antonio on 12-14 November. 79 Fed. Reg. 62194 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-10-16/pdf/2014-24625.pdf ] (10/16/14).

IWUB – meeting

clip_image013 The Inland Waterways Users Board (IWUB), sponsored by the US Army Corps of Engineers (USACE), will meet on 18 November in Linthicum Heights, Maryland. 79 Fed. Reg. 62123 [located at http://www.gpo.gov/fdsys/pkg/FR-2014-10-16/pdf/2014-24625.pdf ] (10/16/14).

USCG – Ebola virus precautions

clip_image014 The US Coast Guard updated its policy regarding Ebola virus precautions relating to the maritime industry. Stakeholders are reminded that the Coast Guard will review all Notices of Arrival to determine whether a vessel has visited any of the countries listed as “Warning Level 3, Avoid Nonessential Travel” on the CDC’s Travel Health Notice site [located at http://wwwnc.cdc.gov/travel/notices ]. Timely reporting of suspected Ebola virus disease (EVD) incidents is paramount. MSIB 17-14 (Change 1) [located at http://www.uscg.mil/msib/docs/017_14_10-22-2014.pdf ] (10/22/14).

USCG – post-hurricane inspection requirements

clip_image015 The Eighth Coast Guard District issued D8(0cs) Policy Ltr 01-2014 [found at http://www.uscg.mil/d8/Prevention/docs/2014%20Policy/Policy_ltr_01-2014_Post_Storm_ISIP.pdf ] providing guidance on post-hurricane inspection requirements for floating offshore production facilities. (10/10/14).

Grays Harbor – waterways analysis study

clip_image015[1] The US Coast Guard issued a news release [located at http://www.uscgnews.com/go/doc/4007/2402642/ ] stating that it is conducting a waterways analysis and management system review of Grays Harbor, Washington. It seeks public comment regarding general use of the waterway and issues with the visibility, placement, or location of aids to navigation in the waterway. Comments should be submitted by 31 January 2015. (10/29/14).

DOT OIG – MARAD management controls review

clip_image017 The Department of Transportation Office of Inspector General (DOT OIG) sent a memorandum [located at https://www.oig.dot.gov/sites/default/files/MARAD%20Management%20Controls%20Announcement%20Letter%5E10-20-14.pdf ] to the Maritime Administration (MARAD) stating that it intends to review that agency’s management controls for: (1) planning, performance measurement, and risk management; (2) organizational structure and workforce development; and (3) program implementation, monitoring, and oversight of core mission requirements. (10/20/14).

CMTS – Arctic vessel projection

clip_image019 The US Committee on Marine Transportation System (CMTS) [located at http://www.cmts.gov/ ] seeks recommendations regarding the diverse variables impacting growth of vessel activity in the Arctic over the next decade. Specifically, CMTS seeks suggestions that may contribute to the design of scenarios that could influence vessel traffic growth and any mid-term projections. A conference call will be held on 6 November to receive input. Written comments should be submitted by 14 November. (10/29/14).

DOJ – shipyard to pay $1 million

clip_image021 The Department of Justice (DOJ) issued a news release [found at http://www.justice.gov/opa/pr/north-florida-shipyards-pay-1-million-resolve-false-claims-allegations ] stating that North Florida Shipyards and its president will pay $1 million to resolve allegations that they violated the False Claims Act by creating a front company in order to be awarded Coast Guard contracts designated for Service Disabled Veteran Owned Small Businesses. (10/29/14).

DOJ – offshore platform owner to pay $1 million

clip_image021[1] The Department of Justice (DOJ) issued a news release [located at http://www.justice.gov/opa/pr/offshore-oil-platform-owner-improve-safety-and-operations-gulf-mexico-following-unauthorize-0 ] stating that the owner of an offshore oil platform will pay a $1 million civil penalty and perform corrective measures to resolve claims under the Federal Water Pollution Control Act (FWPCA) and the Outer Continental Shelf Lands Act (OCSLA) of unauthorized discharges of oil and chemicals from a Gulf of Mexico oil platform. (10/16/14).

DOJ – fishing vessel master sentenced

clip_image021[2] The Department of Justice (DOJ) issued a news release [located at http://www.justice.gov/usao/hi/news/1410lam.html ] stating that the master of a Hawaiian fishing vessel pleaded guilty in federal court to operating a commercial vessel in a grossly negligent manner and received a sentence of one-year probation and 60 hours of community service, as well as being required to attend Coast Guard-approved safety training. During the probationary period, he may not serve as master or person in charge of any commercial vessel. The Coast Guard previously assessed a $2,500 civil penalty for negligent operation because he was asleep with no other person on watch. (10/27/14).

CDFW & USCG – Spill Prevention & Response Day

clip_image023 clip_image025 The California Department of Fish and Wildlife (CDFW) and the US Coast Guard will co-host the “Spill Prevention and Response Day” [located at https://calspillwatch.dfg.ca.gov/Portals/5/Documents/Spill%20Prevention%20Response%20Day%20Agenda.pdf ] in Long Beach on 4 November. (10/27/14).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – October 2014

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October 15th, 2014 at 10:37 am

Bryant’s Maritime Blog – 15 October 2014

Headlines:

Mobile – two vessels sink;

CBP – quarterly interest rates;

IMO – MEPC 67;

UK & Ireland – General Lighthouse Fund; and

UK – hovercraft pilot flying on fumes.

October 15, 2014

Bryant’s Maritime Blog clip_image002
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. Drink coffee – make mistakes faster and with more energy.

Mobile – two vessels sink

clip_image004 The US Coast Guard issued a news release [found at http://www.uscgnews.com/go/doc/4007/2387898/ ] stating that a towing vessels and a small dredging vessel sank near the Mobile Ship Channel. The crews of both vessels were rescued without injury. A one-mile long oil sheen has been reported. A salvage plan is being developed. The incident is under investigation. (10/14/14).

CBP – quarterly interest rates

clip_image006 The US Customs and Border Protection (CBP) issued a general notice stating that the interest rates for the calendar quarter beginning 1 October are 2% for overpayments by corporations, 3% for overpayments by non-corporations, and 3% for underpayments by either. 79 Fed. Reg. 61896 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-15/pdf/2014-24424.pdf ] (10/15/14).

IMO – MEPC 67

clip_image008 The IMO issued a news release [found at http://www.imo.org/MediaCentre/PressBriefings/Pages/31-MEPC-67-preview.aspx#.VD16wmddV8E ] providing a summary of the issues to be taken up by the Marine Environment Protection Committee at its 13-17 October session (MEPC 67). The issues include the Polar Code and the Ballast Water Convention, among others. (10/9/14).

UK & Ireland – General Lighthouse Fund

clip_image010 clip_image012 The UK Department for Transport (DfT) issued a notice [found at https://www.gov.uk/government/publications/general-lighthouse-fund-report-and-accounts-2014 ] announcing publication of the General Lighthouse Fund report and accounts 2014. These accounts consolidate the accounts of the General Lighthouse Authorities (Trinity House; the Commissioners of Northern Lighthouses; and the Commissioners of Irish Lights) for the financial year ending 31 March 2014. (10/14/14).

UK – hovercraft pilot flying on fumes

clip_image013 The UK Maritime and Coastguard Agency (MCA) issued a news release [found at https://www.gov.uk/government/news/hovercraft-pilot-jailed-for-being-over-alcohol-limit ] stating that a hovercraft pilot was sentenced to eight months in jail after pleading guilty to being over the alcohol limit while operating his passenger craft on the Solent. (10/14/14).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – October 2014

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October 14th, 2014 at 11:00 am

Bryant’s Maritime Blog – 14 October 2014

Headlines:

San Francisco – passenger ferry allides with piling;

USCG – NVDC paperwork status;

FMC – compromise agreements;

FERC – Downeast LNG Import-Export Project;

FERC – Mississippi River LNG Project;

NOAA – indirect cost rates;

EPA & USACE – waters of the United States; and

Panama Canal – upgraded tug fleet.

October 14, 2014

Bryant’s Maritime Blog clip_image002
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. Drink coffee – make mistakes faster and with more energy.

San Francisco – passenger ferry allides with piling

clip_image004 The US Coast Guard issued a news release [found at http://www.uscgnews.com/go/doc/4007/2387170/ ] stating that the passenger ferry Peralta allied with a piling at Pier 41 in San Francisco while backing out of the terminal on 12 October. Ten passengers sustained minor injuries. The incident is under investigation. (10/12/14).

USCG – NVDC paperwork status

clip_image004[1] The USCG National Vessel Documentation Center (NVDC) issued a notice [found at http://www.uscg.mil/hq/cg5/nvdc/news/Paperwork%20Inquiry.pdf ] announcing that customers will have the ability to electronically search for the receipt status of their paperwork to verify documentation received and entered into the IT system awaiting processing. (10/10/14).

FMC – compromise agreements

clip_image006 The Federal Maritime Commission (FMC) issued a news release [found at http://www.fmc.gov/NR14-13/ ] stating that compromise agreements have been completed recovering a total of $503,000 in civil penalties from five non0vessel-operating common carriers (NVOCCs), two unlicensed transport businesses, and one vessel-operating common carrier. (10/10/14).

FERC – Downeast LNG Import-Export Project

clip_image008 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it will hold a scoping meeting on 22 October in Robbinston, Maine to receive comments on the proposed Downeast LNG Import-Export Project. The scoping period will close on 3 November. 79 Fed. Reg. 61630 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-14/pdf/2014-24297.pdf ] (10/14/14).

FERC – Mississippi River LNG Project

clip_image009 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it will hold a scoping meeting on 23 October in Belle Chasse, Louisiana to receive comments on the proposed Mississippi River LNG Project. The scoping period will close on 3 November. 79 Fed. Reg. 61633 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-14/pdf/2014-24296.pdf ] (10/14/14).

NOAA – indirect cost rates

clip_image011 The National Oceanic and Atmospheric Administration (NOAA) issued a notice announcing its new indirect cost rates on the recovery of indirect costs for its component organizations involved in natural resource damage assessment and restoration activities for FY 2013. 79 Fed. Reg. 61617 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-14/pdf/2014-24112.pdf ] (10/14/14).

EPA & USACE – waters of the United States

clip_image013 clip_image015 The Environmental Protection Agency (EPA) and the US Army Corps of Engineers (USACE) are extending, through 14 November, the period within which to submit comments on to proposed definition of “waters of the United States”. 79 Fed. Reg. 61590 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-14/pdf/2014-24349.pdf ] (10/14/14).

Panama Canal – upgraded tug fleet

clip_image017 The Panama Canal Authority (ACP) issued a press release [found at http://www.pancanal.com/eng/pr/press-releases/2014/10/09/pr527.html ] stating that it received the last of the 14 new tractor tugs for its upgraded fleet. (10/9/14).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – October 2014

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October 10th, 2014 at 11:10 am

Bryant’s Maritime Blog – 10 October 2014

Headlines:

Suisun Bay – safety zone;

FMC – OTI licensing & financial responsibility;

NTSB – investigation procedures;

DOC foreign trade zone;

USCG – Ebola reminder;

USCG – preventing tank barge explosions;

USCG – barge fleet lighting;

FMC – 2M Agreement clears review;

Charleston – international supply chain efficiency forum;

Australia – official nautical charts; and

Australia – shipboard fire.

October 10, 2014

Bryant’s Maritime Blog clip_image002
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. Drink coffee – make mistakes faster and with more energy.

Suisun Bay – safety zone

clip_image004 The US Coast Guard promulgated a rule establishing a temporary safety zone in Suisun Bay in support of the Military Ocean Terminal Concord MOTCO) electromagnetic scan and ordnance recovery operations. The operations seek to determine if there are any munitions or explosives deposited in the waters as a result of the Port Chicago explosion of 17 July 1944. The safety zone enters into effect immediately and remains in effect through 31 October. 79 Fed. Reg. 61238 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-10/pdf/2014-24292.pdf ] (10/10/14).

FMC – OTI licensing & financial responsibility

clip_image006 The Federal Maritime Commission (FMC) proposes to amend its regulations regarding ocean transportation intermediary (OTI) licensing and financial responsibility requirements and general duties Comments are due by 12 December. 79 Fed. Reg. 61544 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-10/pdf/2014-24003.pdf ] (10/10/14).

NTSB – investigation procedures

clip_image008 The National Transportation Safety Board (NTSB) has extended, through 31 October, the period within which to submit comments on proposed amendments to its regulations concerning investigation procedures. 79 Fed. Reg. 61272 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-10/pdf/2014-24360.pdf ] (10/10/14).

DOC – foreign trade zone

clip_image010 The Department of Commerce (DOC) issued a notice stating that it has approved the expansion of the foreign trade zone at Golden Meadow, Louisiana on behalf of Bollinger Shipyards, Inc. 79 Fed. Reg. 61287 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-10/pdf/2014-24270.pdf ] (10/10/14).

USCG – Ebola reminder

clip_image011 The USCG Long Island Sound (LIS) Captain of the Port (COTP) issued an Area Maritime Security Bulletin (AMSB) reminding owners, operators, and masters of vessels on which there is an individual who may have contracted Ebola Virus Disease (EVD) of the requirement to report pertinent information to the Center for Disease Control and Prevention (CDC) fifteen (15) days prior to expected arrival in the United States. Notification may be made via the US Coast Guard. AMSB 001-14 [found at http://www.brymar-consulting.com/wp-content/uploads/Misc/EVD_threat_141006.pdf ] (10/6/14).

USCG – preventing tank barge explosions

clip_image011[1] The US Coast Guard issued a safety alert to raise awareness of the dangers of tank barge explosions and highlight critical lessons learned from recent incidents. Safety Alert 10-14 [found at https://homeport.uscg.mil/cgi-bin/st/portal/uscg_docs/MyCG/Editorial/20141009/1014_2.pdf?id=10443e3db4b8bfe3a246651c39d111aaafeec841 ] (10/9/14).

USCG – barge fleet lighting

clip_image012 The US Coast Guard issued a safety alert reminding owners and operators of barge fleets and fleeting areas of the importance of proper barge fleet lighting. Safety Alert 11-14 [found at https://homeport.uscg.mil/cgi-bin/st/portal/uscg_docs/MyCG/Editorial/20141009/1114_2.pdf?id=15c6d89ee6e0a5b04c9b75af4244e0046c58a888 ] (10/9/14).

FMC – 2M Agreement clears review

clip_image013 The Federal Maritime Commission (FMC) issued a news release [found at http://www.fmc.gov/NR14-12/ ] stating that the Commissioners voted 4-1 (Commissioner Lidinsky dissenting) to allow the 2M Agreement between A.P. Moller-Maersk A/S and MSC Mediterranean Shipping Company, SA to become effective as scheduled on 11 October. (10/9/14).

Charleston – international supply chain efficiency forum

clip_image014 The Federal Maritime Commission (FMC) issued a news release [found at http://www.fmc.gov/public-forum-S-atlantic-2014/ ] announcing that Commissioner Michael A. Khouri will hold an informational forum on “International Supply Chain Efficiency: Challenges Facing South Atlantic Ports” in Charleston on 30 October. (10/9/14).

Australia – official nautical charts

clip_image016 The Australian Maritime Safety Authority (AMSA) issued a notice reminding masters of the importance of using official nautical charts, issued by or under the authority of a Government, authorized Hydrographic Office, or other relevant government institution. For a nautical chart to be considered adequate for navigational purposes, it must be: (1) officially issued; (2) the latest edition; (3) used in its original form; (4) maintained up to date using the latest available notices to mariners; and (5) of appropriate scale suitable for the navigational task at hand. Marine Notice 16-2014 [found at https://apps.amsa.gov.au/MOReview/MarineNoticeExternal.html ] (10/9/14).

Australia – shipboard fire

clip_image016[1] The Australian Transport Safety Bureau (ATSB) issued a notice [found at http://www.atsb.gov.au/publications/investigation_reports/2014/mair/315-mo-2014-012.aspx ] stating that it has commenced an investigation into a fire in the accommodation spaces on the livestock carrier Ocean Drover in Fremantle Harbour. One crew member was injured in the fire. (10/9/14).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – October 2014

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October 9th, 2014 at 10:55 am

Bryant’s Maritime Blog – 9 October 2014

Headlines:

USCG – failure to disclose convictions;

USCG & NOAA – Fleet Plan & Officer Exchange MOA;

FERC – Corpus Christie LNG EIS;

FERC – export & import of LNG;

FERC – application to export LNG;

ANSTF – meeting;

BOEM – risk management, financial assurance & loss prevention;

FMC – Chairman’s Earth Day Award;

Australia – rubber fender scam; and

Panama Canal – September operations.

October 9, 2014

Bryant’s Maritime Blog clip_image002
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. Drink coffee – make mistakes faster and with more energy.

USCG – failure to disclose convictions

clip_image004 The USCG National Maritime Center (NMC) posted an announcement [found at http://www.uscg.mil/nmc/announcements/pdfs/fraudulent_applications_bulletin.pdf ] stating that it has noted an increase in the number of applications in which the applicants have not properly disclosed previous convictions as required. If an applicant pleads guilty or no contest, is granted deferred adjudication, or is required by a court to attend classes, make contributions of time or money, receive treatment, submit to any manner of probation or supervision, or forego appeal of a trial court’s conviction, then the Coast Guard will consider the applicant to have received a conviction. Further, an applicant’s signature in Section III of the CG-719B application form acknowledges the potential consequences of false statements. (10/8/14).

USCG & NOAA – Fleet Plan & Officer Exchange MOA

clip_image004[1] clip_image006 The US Coast Guard issued a news release [found at http://www.uscgnews.com/go/doc/4007/2382510/ ] stating that it has entered into a Fleet Plan and Officer Exchange memorandum of agreement (MOA). The Fleet Plan establishes a course of action to guide cooperation in the operation and maintenance of marine and aviation platforms. The Officer Exchange program allows the exchange of officer personnel for the purpose of sharing professional knowledge, expertise, and doctrine and for the professional development of officers. (10/8/14).

FERC – Corpus Christi LNG EIS

clip_image008 The Federal Energy Regulatory Commission (FERC) issued a news release [found at http://www.ferc.gov/industries/gas/enviro/eis/2014/10-08-14-eis.asp ] stating that the final environmental impact statement (EIS) on the Corpus Christi LNG Project concludes that approval of the project, with the mitigation measures recommended, would ensure that impacts in the Project area would be avoided or minimized and would not be significant. (10/8/14).

DOE – export & import of LNG

clip_image010 The Department of Energy (DOE) issued a notice of recent orders granting authority to import and export natural gas, to import and export liquefied natural gas (LNG), and vacating prior authority. 79 Fed. Reg. 61065 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-09/pdf/2014-24133.pdf ] (10/9/14).

DOE – application to export LNG

clip_image011 The Department of Energy (DOE) issued a notice stating that it received an application from Chevron USA Inc. requesting authorization to export liquefied natural gas (LNG)previously imported into the US. Comments on the application must be received by 10 November. 79 Fed. Reg. 61066 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-09/pdf/2014-24129.pdf ] (10/9/14).

ANSTF – meeting

clip_image013 The Aquatic Nuisance Species Task Force (ANSTF), chaired by the Fish and Wildlife Service (FWS), will meet on 5-6 November in Falls Church, Virginia. Topics on the agenda include: implementation of invasive species efforts for national Arctic strategy; Quagga Zebra Action Plan update; and the draft lionfish management plan. 79 Fed. Reg. 61094 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-09/pdf/2014-24067.pdf ] (10/9/14).

BOEM – risk management, financial assurance & loss prevention

clip_image015 The Bureau of Ocean Energy Management (BOEM) is extending, through 17 November, the period within which to submit comments on its advance notice of proposed rulemaking regarding risk management, financial assurance & loss prevention associated with industry activities on the US outer continental shelf (OCS). 79 Fed. Reg. 61041 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-09/pdf/2014-24165.pdf ] (10/9/14).

FMC – nominations for Chairman’s Earth Day Award

clip_image017 The Federal Maritime Commission (FMC) issued a notice [found at http://www.fmc.gov/chairman%E2%80%99s-earth-day-award-2015/ ] stating that it is accepting, through 14 March 2015, nominations for the Chairman’s Earth Day Award. (10/8/14).

Australia – rubber fender scam

clip_image019 The Australian Maritime Safety Authority (AMSA) issued a media release [found at http://www.amsa.gov.au/media/documents/08102014Media_Release_Fender_Scam.pdf ] stating that it has become aware of a scam, using a falsification of AMSA’s crest and stamp to endorse rubber fenders. The scam contains what appears to be a certification or approval letter from AMSA’s ‘quality control department” for the ‘yokohama’ style of fenders, designed for the berthing and mooring of a ship to another ship or berthing structure. (10/8/14).

Panama Canal – September operations

clip_image021 The Panama Canal Authority (ACP) issued an advisory summarizing Canal operations during September. It also includes the schedule of locks maintenance outages for FY2015. Advisory 23-2014 [found at http://www.pancanal.com/common/maritime/advisories/2014/a-23-2014.pdf ] (10/6/14).

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – October 2014

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October 8th, 2014 at 11:02 am

Bryant’s Maritime Blog – 8 October 2014

Headlines:

USCG – MERPAC members sought;

OFAC – vessels unblocked under Cuban sanctions;

NOAA – preservation of sunken USCG lightship; and

Canada – Marine Navigation in the Canadian Arctic.

October 8, 2014

Bryant’s Maritime Blog clip_image002
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. Drink coffee – make mistakes faster and with more energy.

USCG – MERPAC members sought

clip_image004 The US Coast Guard issued a notice stating that it seeks applications from individuals interested in serving on the Merchant Marine Personnel Advisory Committee (MERPAC). Applications should be received by 8 December. 79 Fed. Reg. 60860 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-08/pdf/2014-24013.pdf ] (10/8/14).

OFAC – vessels unblocked under Cuban sanctions

clip_image006 The Office of Foreign Assets Control (OFAC) issued a notice stating that two vessels have been removed from the Specially Designated Nationals (SDN) List and unblocked pursuant to the Cuban Assets Control Regulations, effective 30 September. 79 Fed. Reg. 60892 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-08/pdf/2014-24055.pdf ] (10/8/14).

NOAA – preservation of sunken USCG lightship

clip_image008 The National Oceanic and Atmospheric Administration (NOAA) issued a news release [found at http://sanctuaries.noaa.gov/news/press/2014/pr100714.html ] stating that, with assistance from the US Coast Guard, it will manage the historic shipwreck Diamond Shoals Lightship No. 71, the only American lightship to be sunk by enemy action during World War I. For 21 years after its launching in 1897, it served as a floating lighthouse, sound signal station, and navigation beacon. On 6 August 1918, it was attacked by a German submarine while on station off Cape Hatteras. The lightship had reported by radio the presence of a submarine that had torpedoed the unarmed American steamer Merak. The submarine intercepted the warning and, after giving the crew of 12 an opportunity to abandon ship into lifeboats, sank the lightship by surface gunfire. (10/7/14).

Canada – Marine Navigation in the Canadian Arctic

clip_image010 The Office of the Auditor General of Canada posted a report entitled Marine Navigation in the Canadian Arctic [found at http://www.oag-bvg.gc.ca/internet/docs/parl_cesd_201410_03_e.pdf ]. While acknowledging the challenges posed by changing conditions in Canadian Arctic waters, the report states that the Canadian Government must do more to ensure marine safety in Canadian Arctic waters as ice coverage decreases and maritime traffic increases. Surveys must be improved, aids to navigation must be expanded, and ice-breaking services must be enhanced. (10/7/14).

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – October 2014

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October 7th, 2014 at 11:09 am

Bryant’s Maritime Blog – 7 October 2014

Headlines:

USCG – Nav Rules & Regulations Handbook;

USCG – recreational boating safety grants;

DOT – antidiscrimination and whistleblower protections;

USCG – NVMC eNOAD update;

NOAA, NASA & BOEM – monitoring marine biodiversity; and

Hijacking of Achille Lauro – 7 October 1985.

October 7, 2014

Bryant’s Maritime Blog clip_image002
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. Drink coffee – make mistakes faster and with more energy.

USCG – Nav Rules & Regulations Handbook

clip_image004 The US Coast Guard issued a message announcing promulgation of the Navigation Rules and Regulations Handbook. The Handbook includes the International Regulations for Prevention of Collisions at Sea (COLREGS) and the Inland Navigation Rules. Other laws and regulations pertinent for mariners and waterway users are also included (e.g., Bridge-to-Bridge Radiotelephone Act and Vessel Traffic Services). ALCOAST 411/14 [found at http://www.uscg.mil/announcements/ALCOAST/411-14_ALCOAST.txt ] (10/3/14).

USCG – recreational boating safety grants

clip_image005 The US Coast Guard published a notice announcing several possible “areas of interest” for which fiscal year 2015 national nonprofit grants could be awarded and requests public comments on which areas should be selected. Comments must be received by 28 October. 79 Fed. Reg. 60486 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-07/pdf/2014-23807.pdf ] (10/7/14).

DOT – antidiscrimination and whistleblower protections

clip_image007 The Department of Transportation (DOT) issued a notice reminding employees, former employees, and applicants for federal employment of the rights and protections available under the federal antidiscrimination and whistleblower protection laws. 79 Fed. Reg. 60571 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-07/pdf/2014-23886.pdf ] (10/7/14).

USCG – NVMC eNOAD update

clip_image005[1] The USCG National Vessel Movement Center (NVMC) issued a notice stating, in part, that on 12 November 2014, an updated package of picklist XML files for use by third-party developers will be released that incorporates various country, port, agency, and RSO changes. These changes will also be reflected in updated versions of the online eNOAD application (https://enoad.nvmc.uscg.gov) as well as the NOAD InfoPath Template and Excel Workbooks available from the NVMC Web site (http://www.nvmc.uscg.gov). Please note that at the time of this notice there are no planned updates to the NOAD schema itself, and support for both Schema 3.3 and Schema 3.4 will remain in effect. (10/6/14).

NOAA, NASA & BOEM – monitoring marine biodiversity

clip_image009 clip_image011 clip_image013 The National Oceanic and Atmospheric Administration (NOAA) issued a news release [found at http://www.noaanews.noaa.gov/stories2014/20141006_boem.html ] stating that it, the National Aeronautics and Space Administration (NASA) and the Bureau of Ocean Energy Management (BOEM) have joined together to support three demonstration projects intended to lay the foundation for the first national network to monitor marine biodiversity at scales ranging from microbes to whales.  The projects, to be funded at approximately $17 million over the next five years, will demonstrate how a national operational marine biodiversity observation network could be developed. Such a network would serve as a marine resource management tool to conserve existing biodiversity and enhance U.S. biosecurity against threats such as invasive species and infectious agents. The three demonstration marine biological observation networks will be established in four locations: the Florida Keys; Monterey Bay and the Santa Barbara Channel in California; and on the continental shelf in the Chukchi Sea in Alaska. (10/6/14).

Hijacking of Achille Lauro – 7 October 1985

clip_image015 On 7 October 1985, four members of the Palestine Liberation Front (PLF) hijacked the Italian cruise ship Achille Lauro when it was in the Mediterranean Sea en route from Alexandria, Egypt to Port Said. After the Israeli Government refused their demand for release of 50 imprisoned Palestinians, they killed disabled American passenger Leon Klinghoffer and threw him and his wheelchair overboard. The terrorists surrendered to Egyptian officials and boarded a flight to Tunisia. The flight was intercepted by US Navy fighter aircraft and was forced to land in Italy. The four hijackers were arrested by the Italian Government but their alleged leader, Abu Abbas, was allowed to depart. He later died in Bagdad. This incident awakened governments around the world and the IMO to the security threats faced by passenger vessels.

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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 – October 2014

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October 6th, 2014 at 11:55 am

Bryant’s Maritime Blog – 6 October 2014

Headlines:

North Atlantic – man rescued from hydro pod bubble;

US & Vietnam – discussions;

NTSB – oceanographic research vessel sinking;

UFAC – meeting;

FMC – Order of Investigation and Hearing;

NTIA – Arctic region telecommunications assessment;

EC – merger of Chiquita and Fyffes approved;

Singapore – changes to Strategic Goods (Control) regulations; and

UK – cargo stowage and securing.

October 6, 2014

Bryant’s Maritime Blog clip_image002
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. Drink coffee – make mistakes faster and with more energy.

North Atlantic – man rescued from hydro pod bubble

clip_image004 Following one of the more unusual marine casualties, the US Coast Guard issued a news release [found at http://www.uscgnews.com/go/doc/4007/2371574/ ] stating that it rescued a man from his hydro pod bubble in the North Atlantic 70 nautical miles off St. Augustine. The man, a marathon runner, was attempting to jog the perimeter of the Bermuda Triangle – from Florida to Bermuda to Puerto Rico and back to Florida . On 1 October, the man refused to heed a Coast Guard warning that his voyage was unsafe. On 4 October, he became disoriented and activated his Personal Locating Beacon (PLB). The hydro pod bubble is a large inflated plastic sphere that can hold a human and some material while floating in the water. It moves by movements of the human walking up the inner surface of the bubble, somewhat like a wheel in a hamster cage. (10/4/14).

US & Vietnam – discussions

clip_image006 clip_image008 The White House issued a news release [found at http://www.whitehouse.gov/the-press-office/2014/10/02/readout-national-security-advisor-susan-e-rice-s-meeting-deputy-prime-mi ] stating that National Security Advisor Susan Rice met with Vietnam Deputy Prime Minister and Foreign Minister Pham Binh Minh in Washington. They discussed ways to enhance cooperation and several shared interests including maritime security, peacekeeping, and nonproliferation, as well as the need to resolve maritime disputes peacefully and in accordance with international law. (10/2/14).

NTSB – oceanographic research vessel sinking

clip_image010 The National Transportation Safety Board (NTSB) issued the report of its investigation of the sinking of the oceanographic research vessel Seaprobe in the Gulf of Mexico on 18 January 2013. The probable cause of the flooding and subsequent sinking of the vessel was the decision of the owner to delay making permanent repairs to the starboard-side exhaust trunk and covering six of the vessel’s freeing ports, leaving the vessel susceptible to downflooding from boarding seas. Contributing to the casualty was the owner’s failure to comply with the vessel’s safety management system and mandatory load line regulations. MAB-14/18 [found at http://www.ntsb.gov/doclib/reports/2014/MAB1418.pdf ] (10/3/14).

UFAC – meeting

clip_image012 The Airport and Seaport Inspections User Fee Advisory Committee (UFAC), sponsored by the US Customs and Border Protection (CBP), will meet in Washington, DC on 22 October. 79 Fed. Reg. 60180 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-06/pdf/2014-23744.pdf ] (10/6/14).

FMC – Order of Investigation and Hearing

clip_image014 The Federal Maritime Commission (FMC) issued a notice stating that it has issued an Order of Investigation and hearing with respect to Metro Freight Services, Inc., a licensed and bonded ocean freight forwarder and non-vessel-operating common carrier for alleged violations of the Shipping Act. 79 Fed. Reg. 60161 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-06/pdf/2014-23645.pdf ] (10/6/14).

NTIA – Arctic region telecommunications assessment

clip_image016 The National Telecommunications & Information Administration (NTIA) seeks comments on the current and potential availability of communications services in the Arctic region. Comments must be received by 3 November. 79 Fed. Reg. 59746 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-03/pdf/2014-23517.pdf ] (10/3/14). Note: This item was brought to my attention by my friend Peter Oppenheimer of the National Oceanic and Atmospheric Administration (NOAA).

EC – merger of Chiquita and Fyffes approved

clip_image018 The European Commission (EC) issued a press release [found at http://europa.eu/rapid/press-release_IP-14-1090_en.htm?locale=en ] stating that it has approved the merger of Chiquita and Fyffes, subject to conditions, including the release of Maersk from an exclusivity clause. (10/3/14).

Singapore – changes to Strategic Goods (Control) Regulations

clip_image020 The Singapore Maritime and Port Authority (MPA) issued a circular advising of changes to permit exemptions of the Singapore Strategic Goods (Control) Regulations. Port Marine Circular 13-2014 [found at http://www.mpa.gov.sg/sites/circulars_and_notices/pdfs/port_marine_circulars/pc14-13.pdf ] (10/3/14).

UK – cargo stowage and securing

clip_image022 The UK Maritime and Coastguard Agency (MCA) issued information advising industry of the implementation dates for new and existing container ships to comply with provisions of the new Annex 14 of the CSS Code, entitled “Guidance on Providing Safe Working Conditions for Securing of Containers on Deck”. MIN 491 (M) [found at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/360421/MIN_491.pdf ] (10/2/14).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – October 2014

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October 3rd, 2014 at 11:07 am

Bryant’s Maritime Blog – 3 October 2014

Headlines:

Cook Inlet – fire on natural gas platform;

USCG – ballast water management;

Delaware Bay & Atlantic Ocean – safety zones;

USCG – CIRCAC recertified;

Court – FMC determinations upheld;

Court – ADA claims dismissed;

Maine – America’s Marine Highway;

Canada – HMS Erebus identified; and

MS Prinsendam fire and sinking – 4 October 1980.

October 3, 2014

Bryant’s Maritime Blog clip_image002
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. Drink coffee – make mistakes faster and with more energy.

Cook Inlet – fire on natural gas platform

clip_image004 The US Coast Guard issued a news release [found at http://www.uscgnews.com/go/doc/4007/2370114/ ] stating that fire broke out on the Baker Platform in Cook Inlet. The four persons on the natural gas platform have been safely evacuated. Coast Guard assets have been diverted and a safety zone has been established around the platform. (10/2/14). Note: Unofficial reports indicate that the fire is now under control.

USCG – ballast water management

clip_image004[1] The US Coast Guard provided information and updates [found at http://mariners.coastguard.dodlive.mil/2014/10/02/1022014-coast-guard-remarks-3rd-annual-ballast-water-management-tech-north-america-conference/ ] regarding ballast water management requirements. (10/2/14).

Delaware Bay & Atlantic Ocean – safety zones

clip_image004[2] The US Coast Guard has established three temporary safety zones on waters of Delaware Bay and the Atlantic Ocean adjacent to Cape May to restrict vessel traffic while a Navy exercise is taking place. The safety zones will be enforced on 16-24 October from 6:00 am until 8:00 pm each day. 79 Fed. Reg. 59650 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-03/pdf/2014-23659.pdf ] (10/3/14).

USCG – CIRCAC recertified

clip_image005 The US Coast Guard issued a notice stating that it has recertified, through 31 August 2015, the Cook Inlet Regional Citizen’s Advisory Council (CIRCAC) as an alternative voluntary advisory group. 79 Fed. Reg. 59783 [found at http://www.gpo.gov/fdsys/pkg/FR-2014-10-03/pdf/2014-23658.pdf ] (10/3/14).

Court – FMC determinations upheld

clip_image007 In a summary order, the US Court of Appeals for the Second Circuit denied a petition for review of an order of the Federal Maritime Commission (FMC) holding petitioner non-vessel-operating common carrier (NVOCC) liable for violation of the Shipping Act and requiring it to cease and desist from releasing cargo without requiring presentation of an original bill of lading. The court deferred to FMC expertise in determining that petitioner’s admitted conduct constituted a violation and determined that the FMC did not abuse its discretion in issuing the cease and desist order. Chief Cargo Services v. FMC, [found at http://www.ca2.uscourts.gov/decisions/isysquery/765c569e-dedf-4728-b99b-e8ae43a44894/7/doc/13-4256_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/765c569e-dedf-4728-b99b-e8ae43a44894/7/hilite/ ], No. 13-4256-ag (2nd Cir., October 2, 2014).

Court – ADA claims dismissed

clip_image009 In an unpublished decision, the US Court of Appeals for the Eleventh Circuit upheld the dismissal of plaintiff cruise ship passenger’s suit for injunctive relief against defendant cruise line for alleged violations of the Americans with Disability Act (ADA). Wheel-chair bound plaintiff alleged that he was deprived for full enjoyment of his cruise due to lack of handicapped-accessible exterior cabins with balconies or window views and due to doors that are not ADA-compliant because they require excessive force to open. The district court granted defendant cruise line’s motion for dismissal and plaintiff appealed. On review, the court held that plaintiff lacked standing to challenge the availability of handicapped-accessible exterior cabins because he failed to allege that he suffered from a disability or condition such as claustrophobia that is affected by the absence of balconies or window views. The court also held that plaintiff’s claim with regard to the doors was not cognizable because it was subject to compulsory arbitration under the passenger ticket contract. Seco v. NCL (Bahamas) Ltd, [found at http://media.ca11.uscourts.gov/opinions/unpub/files/201315091.pdf ], No. 13-15091 (11th Cir., October 2, 2014).

Maine – America’s Marine Highway

clip_image011 The Department of Transportation (DOT) issued a news release [found at http://www.dot.gov/blog/fastlane ] stating that the Maritime Administration (MARAD) is assisting the Maine Port Authority in development of a next-level cargo vessel specifically designed to handle the area’s unique marine environment and enhance America’s Marine Highway System. (10/2/14).

Canada – HMS Erebus identified

clip_image013 Prime Minister Stephen Harper issued a news release [found at http://pm.gc.ca/eng/news/2014/10/01/pm-announces-hms-erebus-discovered-franklin-expedition-ship ] announcing that the Franklin Expedition wreck found in early September by the 2014 Victoria Strait Expedition has been identified as Her Majesty’s Ship (HMS) Erebus. The HMS Erebus and the HMS Terror were last seen entering Baffin Bay in August 1845 in their unsuccessful attempt to navigate the Northwest Passage. (10/1/14).

MS Prinsendam fire and sinking – 4 October 1980

clip_image015 The cruise ship Prinsendam was built in 1973 for Holland America Line. It was somewhat smaller than average size for its day, carrying about 350 passengers and 200 crew. Just after midnight on 4 October 1980, a fire broke out in the engineroom as the ship was transiting the Gulf of Alaska. Shortly thereafter, the master sent a message to the US Coast Guard requesting assistance. The ship was then 120 miles south of Cape Spencer and outside the range of USCG helicopters. The Coast Guard advised the master to send out an SOS, but he refused. The chief radio officer sent one anyway. Ships in the area responded, including the tanker Williamsburg and the USCGC Boutwell, which served as the on-scene coordinator. The master gave the order to abandon ship at sunrise. The Coast Guard, Air Force, and Canadian Forces dispatched long-range helicopters, which carried persons from the lifeboats to the Williamsburg. The Prinsendam was taken under tow, but the fire could not be extinguished and the ship was listing heavily in deteriorating weather. Permission to bring the ship into sheltered waters was denied by the Coast Guard, but probably had no impact, as the ship sank shortly thereafter. The Williamsburg brought 359 passengers and crew safely to Valdez. There were no fatalities and no serious injuries.

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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 – October 2014

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October 2nd, 2014 at 11:59 am

Bryant’s Maritime Blog – 2 October 2014

Headlines:

Coast Guard – cybersecurity;

FMC – OTI notices;

House – bill introduced re incidental discharges;

GAO – LNG export approval process;

Court – time charterer not liable for crew member injuries;

Texas – The Responder; and

UK – Safety Digest.

October 2, 2014

Bryant’s Maritime Blog clip_image002
Bryant’s Maritime Consulting – 4845 SW 91st Way – Gainesville, FL 32608-8135 – USA

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. Drink coffee – make mistakes faster and with more energy.

USCG – cybersecurity

clip_image004 The US Coast Guard posted an article [found at http://www.brymar-consulting.com/wp-content/uploads/Misc/Cybersecurity_141001.pdf ] on the importance of cybersecurity and why senior management should embrace the concept and implement throughout their organization. (10/1/14).

FMC – OTI notices

clip_image006 The Federal Maritime Commission (FMC) issued a news release [found at http://www.fmc.gov/new-oti-page/ ] stating that notices concerning ocean transportation intermediaries (OTIs) (i.e., license applications, revocations, suspensions, reissuances, and rescissions of revocations) will be published on the FMC website rather than in the Federal Register effective 20 October. (10/1/14).

House – bill introduced re incidental discharges

clip_image008 Representative Hunter (R-CA) introduced the Vessel Incidental Discharge Act (H.R. 5609) [found at http://www.gpo.gov/fdsys/pkg/BILLS-113hr5609ih/pdf/BILLS-113hr5609ih.pdf ] to provide for the establishment of nationally uniform and environmentally sound standards governing discharges incidental to the normal operation of a vessel. (9/18/14).

GAO – LNG export approval process

clip_image010 The Government Accountability Office (GAO) posted its report on the federal approval process for liquefied natural gas (LNG) exports. The report describes both: (1) the status of applications to export LNG and the Department of Energy (DOE) process to review them; and (2) the status of applications to build LNG export facilities and the Federal Energy Regulatory Commission (FERC) process to review them. GAO-14-762 [found at http://www.gao.gov/assets/670/666177.pdf ] (10/1/14).

Court – time charterer not liable for crew member injuries

clip_image012 In an unpublished decision, the US Court of Appeals for the Fifth Circuit ruled that the non-demise time charterer of a vessel is not liable for the negligence of the crew. In the instant case, defendant company entered into a clearly labeled non-demise charter of a work boat with the vessel’s owner. Plaintiff was injured while employed on the vessel as a crew member when the vessel encountered heavy weather while returning from a project for defendant company. Plaintiff alleged that he was injured when thrown from his seat due to the vessel’s excessive speed. The court affirmed the dismissal of plaintiff’s claims against defendant company under the Jones Act and general maritime law for unseaworthiness and negligence. Barron v. BP America Production Company [found at http://www.ca5.uscourts.gov/opinions/unpub/14/14-60066.0.pdf ], No. 14-60066 (5th Cir., October 1, 2014).

Texas – The Responder

clip_image014 The Texas Oil Spill Prevention and Response (OSPR) program posted the October issue of The Responder newsletter [found at http://www.glo.texas.gov/what-we-do/caring-for-the-coast/_publications/responder-october-2014.pdf?utm_source=The+Responder+-+October+2014+Newsletter&utm_campaign=Responder+-+October+2014&utm_medium=email ]. The edition discusses, among other things, expansion of the Texas Automated Buoy System (TABS) and the importance of contingency plans. (10/1/14).

UK – Safety Digest

clip_image016 The UK Marine Accident Investigation Branch (MAIB) posted the Safety Digest 2/2014 [found at http://www.maib.gov.uk/publications/safety_digests/2014/safety_digest_2_2014.cfm ] containing anonymous articles involving recent marine casualties from the merchant, fishing, and small craft sectors. (10/1/14).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – October 2014

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    logo11 Rogue waves

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