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Bryant's Maritime Consulting

January 4th, 2018 at 11:22 am

Bryant’s Maritime Blog – 4 January 2018

Headlines:

DOI – MBTA newly interpreted;

DOS – meeting on 24 January re PPR 5;

FMC – petition for filing exemption;

Seattle – $650,000 in Clean Diesel Program awards;

Court – LHWCA benefits and retirement; and

UK – Code of Safe Working Practices.

January 4, 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. Whatever hits the fan is not evenly distributed.

DOI – MBTA newly interpreted

clip_image004 The Department of the Interior (DOI) Office of Solicitor issued an opinion letter concluding that the Migratory Bird Treaty Act (MBTA) does not apply to incidental or accidental actions that take (injure or kill) migratory birds. M-37050 (12/22/17) [https://www.doi.gov/sites/doi.gov/files/uploads/m-37050.pdf]. Note: This is an abrupt departure from a long-standing federal position and contradicts numerous court decisions. Litigation is likely.

DOS – meeting on 24 January re PPR 5

clip_image006 The Department of State (DOS) issued a notice stating that it will host a meeting on 24 January in Washington, DC to prepare for the upcoming session of the IMO Sub-Committee on Pollution Prevention and Response (PPR 5). Topics on the agenda include ballast water sampling and analysis; and the impact on the Arctic of black carbon emission from shipping; shipboard gasification of waste systems. 83 Fed. Reg. 61000 (1/4/18) [].

FMC – petition for filing exemption

clip_image008 The Federal Maritime Commission (FMC) issued a notice stating that it received a petition from Ocean Network Express Pte Ltd for an exemption from filing individual service contract amendments. Petitioner plans to acquire assets of the container shipping divisions of K Line, MOL, and NYK with their approximately 4,800 service contracts. Comments on the petition must be received by 10 January. 83 Fed. Reg. 61000 (1/4/18) [].

Seattle – $650,000 in Clean Diesel Program awards

clip_image010 The Environmental Protection Agency (EPA) issued a news release stating that $650,000 has been awarded under the Clean Diesel Program to reduce air emissions from up to eight ships in the Seattle area. (1/3/18) [https://www.epa.gov/newsreleases/epa-provides-650k-diesel-reductions-seattle-area-vessels].

Court – LHWCA benefits and retirement

clip_image012 The US Court of Appeals for the Fourth Circuit reversed the ruling of the Benefits Review Board and held that, under the Longshore and Harbor Workers’ Compensation Act (LHWCA), a shipyard worker who is injured on the job just prior to scheduled voluntary retirement and who does not undergo surgery until after retirement is entitled to compensation for his post-surgery recovery period during which he was not medically cleared for work. Moody v. Huntington Ingalls, No. 16-1773 (4th Cir., January 3, 2018) [http://www.ca4.uscourts.gov/opinions/161773.P.pdf].

UK – Code of Safe Working Practices

clip_image014 The UK Maritime and Coastguard Agency (MCA) issued the 2017 Code of Safe Working Practices for Merchant Seafarers. The 523-page document is intended as guidance for seafarers on UK ships, but can be utilized by others. (1/3/18) [https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/671403/CSWPMS_GOV_UK_2017.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 – January 2018

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January 3rd, 2018 at 11:57 am

Bryant’s Maritime Blog – 3 January 2018

Headlines:

Hawaii – disoriented Australian sailor rescued;

USCG – changes proposed for PREP Guidelines;

IMO – amendments to FAL Convention;

Canada – vessel fined for speeding;

India – cruise ship passengers with e-visas; and

First live-saving helicopter flight – 3 January 1944.

January 3, 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. Whatever hits the fan is not evenly distributed.

Hawaii – disoriented Australian sailor rescued

clip_image004 The US Coast Guard issued a news release stating that an Australian mariner on his homemade sailing vessel has been rescued off Maui. The disoriented sailor had departed Panama approximately 104 days earlier enroute Australia. (1/2/18) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1d03bba].

USCG – changes proposed for PREP Guidelines

clip_image005 The US Coast Guard issued a Marine Safety Information Bulletin reminding stakeholders that changes to the 2016 PREP Guidelines have been posted in the Federal Register. Comments must reach the Coast Guard by 22 January. MSIB 01-18 (1/3/18) [http://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/MSIB/2018/MSIB_001_18.pdf?ver=2018-01-02-135844-327].

IMO – amendments to FAL Convention

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The IMO issued a news release stating that recent amendments to the Convention on Facilitation of International Maritime Traffic (FAL Convention) entered into force on 1 January 2018. Among other things, the amendments strengthened seafarers’ right to shore leave and included a new requirement for national governments to introduce electronic information exchanges to transmit information related to maritime transport. (1/1/18) [http://www.imo.org/en/MediaCentre/PressBriefings/Pages/01-FALConvention.aspx].

Canada – vessel fined for speeding

clip_image009 Transport Canada issued a news release stating that it assessed yet another fine, this one for $6,000, to a vessel for non-compliance with the mandatory slowdown in the Gulf of St. Lawrence due to the increased presence of whales. (12/29/17) [https://www.canada.ca/en/transport-canada/news/2017/12/transport_canadaissuesanotherfinefornon-respectofthespeedrestric0.html].

India – cruise ship passengers with e-visas

clip_image011 The Indian Ministry of Shipping issued a notice stating that the requirement for biometric enrollment of cruise ship passengers arriving in five major Indian ports has been waived for three years for those passengers arriving on e-visas. (1/2/18) [http://shipping.nic.in/showfile.php?lid=2639].

First life-saving helicopter flight – 3 January 1944

clip_image013 LCDR Frank A. Erickson, USCG piloted a USCG Sikorsky HNS-1 in the first use of a helicopter in a life-saving role when, on 3 January 1944, he flew two cases of blood plasma, lashed to the helicopter’s floats, from New York to Sandy Hook to save the lives of some of the badly–injured survivors of the explosion and sinking of the US Navy destroyer USS Turner (DD-648) off Ambrose Light. Having performed that heroic deed in violent winds and snow that grounded all other aircraft Erickson became the first pilot in the world to fly a helicopter under such conditions.

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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 – January 2018

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January 2nd, 2018 at 11:14 am

Bryant’s Maritime Blog – 2 January 2018

Headlines:

USCG – ‘paper captain’ citation issued;

USCG – man rescued from sinking car;

St. Lawrence Seaway – bulker refloated;

Panama Canal – closing time for booking applications; and

Breakup of tanker Nakhodka – 2 January 1997.

January 2, 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. Whatever hits the fan is not evenly distributed.

USCG – ‘paper captain’ citation issued

clip_image004 The US Coast Guard issued a news release stating that, during a fisheries enforcement patrol off Hawaii, it issued a citation to a US-flag fisheries vessel that it suspected of being operated by a foreign national. The penalty for operating with a ‘paper captain’ is a civil fine of up to $15,000 per day. (12/29/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1cf84e3].

USCG – man rescued from sinking car

clip_image005 The US Coast Guard issued a news release stating that a man was rescued from his sinking car within minutes after the car fell into the after at a marina in Panama City, Florida. Fortuitously, the USCGC Marlin was in the vicinity and a crewmember observed the incident. The cutter’s small boat was launched immediately. The boat crew arrived on the scene and the crew broke the car window and rescued the man, who was taken to the hospital in stable condition. (12/30/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1cfafbe].

St. Lawrence Seaway – bulker refloated

clip_image005[1] The US Coast Guard issued a news release stating that the 623-foot Pacific Huron, loaded with soybean, which grounded on 28 December outside the channel of the St. Lawrence Seaway near Wellesley Island has been refloated. The vessel will now be inspected for damage. (12/31/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1cfc546].

Panama Canal – closing time for booking applications

clip_image007 The Panama Canal Authority (ACP) issued an advisory announcing that, effective 1 January 2018, the closing time for acceptance of booking requests and other booking-related transactions for all vessels will change to 1500 hours on weekdays and 1430 hours on weekends and holidays. Advisory 42-2017 (12/28/17) [https://www.pancanal.com/common/maritime/advisories/2017/a-42-2017.pdf].

Break-up of tanker NAKHODKA – 2 January 1997

clip_image009 On 2 January 1997, the Russian tanker NAKHODKA broke up in heavy seas off the Oki Islands in the Sea of Japan. The tanker was carrying a cargo of 19,000 tonnes of medium fuel oil from Shanghai to Petropavlovsk, Russia. The master died in the casualty, but the remaining 31 crew members were rescued. There was an estimated 6,200 tonnes of oil immediately released in the breakup. The stern section sank in about 8,000 feet of water, carrying about 10,000 tonnes of oil. The bow section, carrying about 2,800 tonnes of oil, remained afloat and grounded in the Echizen-Kaga Coast Quasi National Park. Oil from the breakup and from the bow came ashore along approximately 600 miles of coastline. Response resources and organization were often ineffective and inadequate, particularly in the prevailing bad weather. This incident remains the worst oil spill in the history of Japan.

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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 – January 2018

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December 29th, 2017 at 11:36 am

Bryant’s Maritime Blog – 29 December 2017

Headlines:

St. Lawrence Seaway – bulker aground;

St Marys River – closed due to ice-bound vessels;

BSEE – OCS oil & gas production safety systems;

ITC – subsea telecommunications systems;

Court – asbestos litigation continues;

California – marine invasive species issues;

EMSA – Creation of a European Coastguard Function;

Australia – cargo transfer operations at sea; and

Out with the known, in with the unknown.

December 29, 2017

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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. The Ship of Theseus sails forever.

St. Lawrence Seaway – bulker aground

clip_image004 The US Coast Guard issued a news release stating that the 623-foot Pacific Huron, loaded with soybean, has grounded outside the channel of the St. Lawrence Seaway near Wellesley Island. There have been no reports of injury, damage, or pollution. (12/28/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1cf3cc6].

St. Marys River – closed due to ice-bound vessels

clip_image004[1] The US Coast Guard issued a news release stating that efforts are underway to free two ice-bound vessels in the St. Marys River. One is in the up-bound channel and the other is in the down-bound channel. Until those vessels are freed, the river is closed to navigation. (12/28/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1cf36d1]. A subsequent news release states that the two vessels have been freed of the ice and the channels have reopened. (12/28/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1cf4d86].

BSEE – OCS oil & gas production safety systems

clip_image006 The Bureau of Safety and Environmental Enforcement (BSEE) proposes to amend the regulations regarding oil and natural gas production on the outer continental shelf (OCS) to reduce certain unnecessary regulatory burdens while correcting errors and clarifying current requirements. Comments must be submitted by 29 January 2018. 82 Fed. Reg. 61703 (12/29/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-29/pdf/2017-27309.pdf].

ITC – subsea telecommunications systems

clip_image008 The International Trade Commission (ITC) issued a notice stating that it received a complaint regarding certain subsea telecommunications systems and components thereof. Comments on the complaint must be received within eight days. 82 Fed. Reg. 61791 (12/29/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-29/pdf/2017-28197.pdf].

Court – asbestos litigation continues

clip_image010 The US Court of Appeals for the Third Circuit reversed the district court dismissal of actions against various owners and operators of Jones Act vessels brought by former seamen under the Jones Act and general maritime law for liability relating to exposure to asbestos on those vessels. The appellate court found that defendants had waived their personal jurisdiction defenses. In re Asbestos Products Liability Litigation, No. 16-4148 (3rd Cir., December 28, 2017) [http://www2.ca3.uscourts.gov/opinarch/164148np.pdf].

California – marine invasive species issues

clip_image012 The California State Lands Commission (SLC) sent a letter to agents for ocean-going ships that might call in California ports advising of the implementation of biofouling management requirements and reminding them of existing reporting requirements. (12/28/17) [http://www.slc.ca.gov/Programs/MISP/2018-AgentLetter.pdf].

EMSA – Creation of a European Coastguard Function

clip_image014 The European Maritime Safety Agency (EMSA) issued a press release announcing the final report “Pilot Project – Creation of a European Coastguard Function”. (12/22/17) [http://www.emsa.europa.eu/emsa-homepage/2-news-a-press-centre/news/3185-pilot-project-creation-of-a-european-coastguard-function.html].

Australia – cargo transfer operations at sea

clip_image016 The Australian Maritime Safety Authority (AMSA) issued a notice regarding cargo transfer operations at sea and in coastal waters. Marine Notice 15/2017 (Dec 2017) [https://apps.amsa.gov.au/MOReview/Attachment/ShowAttachmentInline/6364?_ga=2.247251654.394037137.1514468459-76401413.1494611420].

Out with the known, in with the unknown

clip_image018 Just when we were getting adjusted to significant fluctuations in ship values, charter rates, and fuel costs, we are now face to face with 2018. There is a reason that the ancient Romans named the upcoming month January, in honor of their deity Janus, the god of gates, doorways, and beginnings. The image of Janus is usually portrayed as looking both forward and backward. Either way, have a safe New Year’s Eve and a prosperous New Year – and may your apparent cliffs turn out to be low ledges.

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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 – December 2017

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December 28th, 2017 at 11:33 am

Bryant’s Maritime Blog – 28 December 2017

Headlines:

New York – ferry aground;

DOE – Sabine Pass Liquefaction;

MPAFAC – meeting on 17-19 January;

Beaufort Sea- new well spudded;

NTSB – cruise ship allision;

Court – a win for sea turtles; and

Court – hybrid power system fire.

December 28, 2017

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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. The Ship of Theseus sails forever.

New York – ferry aground

clip_image004 The US Coast Guard issued a news release stating that an 80-foot New York City Ferry grounded on a sandbar after departing the Rockaway terminal en route Wall Street. The 23 passengers and one crewmember have been evacuated. The remaining crew will stay on board as efforts are made to refloat the vessel. (12/27/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1cf2409].

DOE – Sabine Pass Liquefaction

clip_image006 The Department of Energy (DOE) issued a notice stating that it received an application from Sabine Pass Liquefaction, LLC for an extension of its current authorization to export liquefied natural gas (LNG) through 15 January 2020. Comments on the application must be received by 29 January 2018. 82 Fed. Reg. 61555 (12/28/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-28/pdf/2017-27970.pdf].

MPAFAC – meeting on 17-19 January

clip_image008 The Marine Protected Areas Federal Advisory Committee (MPAFAC), sponsored by the National Oceanic and Atmospheric Administration (NOAA), will meet on 17-19 January 2018 in San Francisco. Topics on the agenda include refining its work plans for 2018-19 and exploring common approaches to emerging issues at the various MPAs. 82 Fed. Reg. 61543 (12/28/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-28/pdf/2017-28108.pdf].

Beaufort Sea – new well spudded

clip_image010 The Bureau of Safety and Environmental Enforcement (BSEE) issued a press release stating that a new oil well has been spudded on an artificial island in the Beaufort Sea. (12/27/17) [https://www.bsee.gov/newsroom/latest-news/statements-and-releases/press-releases/bsee-oversees-spudding-of-new-oil-well].

NTSB – cruise ship allision

clip_image012 The National Transportation Safety Board (NTSB) issued the report of its investigation of the 3 June 2016 allision of the Malta-flag cruise ship Celebrity Infinity with berth 3 in Ketchikan, Alaska. No one was injured and no pollution occurred. The vessel sustained a 9-inch-diameter hole on the forward port side, about 12 feet above the waterline. The berth suffered extensive damage to the catwalks and pilings. The cost of repairs was about $1.15 million. The probable cause of the allision was the master’s failure to plan, monitor, and execute a safe docking evolution. MAB 17-36 (11/22/17) [https://www.ntsb.gov/investigations/AccidentReports/Reports/MAB1736.pdf].

Court – a win for sea turtles

clip_image014 The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part the district court’s judgment in favor of defendant federal agencies in an action brought by environmental advocacy groups challenging the decision to allow a Hawaii-based swordfish fishery to increase its fishing efforts, which may result in the unintentional deaths of endangered sea turtles. The court held that the decision of the Fish and Wildlife Service (FWS) to issue a special purpose permit to the National Marine Fisheries Service (NMFS) on behalf of a commercial fishery was arbitrary and capricious. The court also held that the ‘no jeopardy’ finding of the NMFS as to loggerhead sea turtles was arbitrary and capricious because it ignored without explanation evidence in the record predicting that the proposed action would exacerbate the loggerhead’s decline. Turtle Island Restoration Network v. Department of Commerce, No. 13-17123 (9th Cir., December 27, 2017) [http://cdn.ca9.uscourts.gov/datastore/opinions/2017/12/27/13-17123.pdf].

Court – hybrid power system fire

clip_image015 In a brief opinion, the US Court of Appeals for the Ninth Circuit affirmed the district court’s grant of summary judgment in favor of defendant power system integrator in a third party contribution and indemnification action concerning fire damage to a tugboat. Foss Maritime had hired appellant hybrid power system company to design, build, and install a battery-based hybrid power system for a Foss tugboat. Foss also contracted with defendant to integrate the hybrid power system into the existing diesel power system. The tug suffered a battery fire in one of the modules provided by appellant. Appellant alleged that the fire occurred because defendant disregarded instructions regarding the proper charging algorithm. Defendant countered that appellant wrote a defective software algorithm for its battery system. Foss settled with both the defendant and the appellant. Corvus Energy v. 1169997 Ontario, No. 15-35859 (9th Cir., December 27, 2017) [http://cdn.ca9.uscourts.gov/datastore/opinions/2017/12/27/15-35859.pdf]. Note: I find this case more interesting for revealing the complexities of hybrid power systems on vessels than for the legal issues.

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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 – December 2017

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December 27th, 2017 at 11:44 am

Bryant’s Maritime Blog – 27 December 2017

Headlines:

USCG – MU San Juan reopens 2 January;

USCG – members sought for MERPAC;

USCG – members sought for CFSAC;

DOI – members sought for ISAC; and

Arctic Council – EPPR working group meeting.

December 27, 2017

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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. The Ship of Theseus sails forever.

USCG – MU San Juan reopens 2 January

clip_image004 The USCG National Maritime Center (NMC) issued a bulletin stating that Monitoring Unit (MU) San Juan will reopen on 2 January 2018. (12/22/17) [http://www.dco.uscg.mil/Portals/9/NMC/pdfs/rec/mu_san_juan_reopen_jan_2018.pdf].

USCG – members sought for MERPAC

clip_image004[1] The US Coast Guard issued a notice stating that it seeks applications for membership on the Merchant Marine Personnel Advisory Committee (MERPAC). Applications should be submitted by 26 February 2018. 82 Fed. Reg. 61311 (12/27/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-27/pdf/2017-27858.pdf].

USCG – members sought for CFSAC

clip_image005 The US Coast Guard issued a notice stating that it seeks applications for membership on the Commercial Fishing Safety Advisory Committee (CFSAC). Applications should be submitted by 26 February 2018. 82 Fed. Reg. 61310 (12/27/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-27/pdf/2017-27886.pdf].

DOI – members sought for ISAC

clip_image007 The Department of the Interior (DOI) issued a notice stating that it seeks nominations for qualified persons to serve as members of the Invasive Species Advisory Committee (ISAC). Nominations must be submitted by 26 February 2018. 82 Fed. Reg. 61323 (12/27/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-27/pdf/2017-27829.pdf].

Arctic Council – EPPR working group meeting

clip_image009 The US Coast Guard issued a bulletin stating that the Arctic Council Working Group on Emergency Prevention, Preparedness, and Response (EPPR) met in Malmo on 5-7 December. The working group consists of representatives from Canada, Denmark, Finland, Iceland, Norway, the Russian Federation, Sweden, and the United States. The primary focus of the meeting was preparation for the 2018 full scale exercise of the Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic (MOSPA Agreement). (12/26/17) [http://mariners.coastguard.dodlive.mil/2017/12/26/12-26-2017-coast-guard-arctic-partners-continue-work-on-oil-spill-response-search-and-rescue-in-the-arctic-marine-environment/].

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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 – December 2017

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December 26th, 2017 at 12:13 pm

Bryant’s Maritime Blog – 26 December 2017

Headlines:

USCG – QA requirements updated;

USCG – MEDMAC members sought;

FMC – schedule and witnesses for P4-16 hearings;

USN – Law of Naval Operations Handbook;

DOJ – Keppel Offshore pleads guilty to bribery;

Senate – bill introduced re incidental discharges;

Court – LHWCA attorneys’ fees and costs;

UNSC – sanctions re North Korea;

EC – Maltese tonnage tax scheme approved; and

India – Mumbai shipping safety fairways.

December 26, 2017

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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. The Ship of Theseus sails forever.

USCG – QA requirements updated

clip_image004 The USCG National Maritime Center (NMC) issued a bulletin stating that the Qualified Assessor (QA) requirements have been updated to incorporate the 2010 amendments to the STCW Convention that entered into effect on 1 January 2017. (12/21/17) [http://www.dco.uscg.mil/Portals/9/NMC/pdfs/announcements/2017/qa_requirements_2017_notice.pdf].

USCG – MEDMAC members sought

clip_image004[1] The US Coast Guard issued a notice stating that it seeks applicants for membership on the Merchant Mariner Medical Advisory Committee (MEDMAC). Applications should be submitted by 26 February 2018. 82 Fed. Reg. 61017 (12/26/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-26/pdf/2017-27711.pdf].

FMC – schedule and witnesses for P4-16 hearings

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The Federal Maritime Commission (FMC) issued a notice stating that the hearings on the petition filed by the Coalition for Fair Port Practices (Petition P4-16) concerning detention, demurrage, and per diem charges are tentatively scheduled for 16 and 17 January 2018. The tentative witness list for the six panels have is also included. 82 Fed. Reg. 60996 (12/26/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-26/pdf/2017-27763.pdf].

USN – Law of Naval Operations Handbook

clip_image008 The US Navy issued a news release stating that the Naval War College Stockton Center Law of Naval Operations Handbook has been revised and expanded. (12/22/17) [http://www.navy.mil/submit/display.asp?story_id=103856].

DOJ – Keppel Offshore pleads guilty to bribery

clip_image010 The Department of Justice (DOJ) issued a news release stating that Keppel Offshore & Marine Ltd and its US subsidiary Keppel Offshore & Marine USA Inc. have agreed to pay a combined total penalty of more than $422 million to resolve charges arising out of a scheme to pay millions of dollars in bribes to officials in Brazil. (12/22/17) [https://www.justice.gov/opa/pr/keppel-offshore-marine-ltd-and-us-based-subsidiary-agree-pay-422-million-global-penalties].

Senate – bill introduced re incidental discharges

clip_image012 Senator Sullivan (R-AK) introduced a bill (S. 2273) to extend until 19 January 2018 the period during which vessels that are shorter than 79 feet in length and fishing vessels are not required to have a permit for discharges incidental to the normal operation of the vessel. (12/21/17) [https://www.gpo.gov/fdsys/pkg/BILLS-115s2273es/pdf/BILLS-115s2273es.pdf].

Court – LHWCA attorneys’ fees and costs

clip_image014 The US Court of Appeals for the Ninth Circuit affirmed the award of $32,280 for attorneys’ fees and costs for a petition for review in a matter before the Longshore and Harbor Workers Compensation Act (LHWCA) Benefits Review Board in favor of petitioner. It also upheld the Appellate Commission’s order awarding attorneys’ fees and costs for the fee litigation in the amount of $20,060 in favor of petitioner. Vortex Marine Construction v Grimm, No. 15-72258 (9th Cir., December 22, 2017) [http://cdn.ca9.uscourts.gov/datastore/opinions/2017/12/22/15-72258.pdf].

UNSC – sanctions re North Korea

clip_image015 The UN Security Council adopted a resolution imposing additional sanctions regarding the Democratic Peoples’ Republic of Korea (North Korea). Among other things, it directs member states to impound any vessel in its waters if there are reasonable grounds to believe that the vessel was involved in activities or the transport of items prohibited by other UNSC resolutions regarding North Korea. Resolution 2397 (2017) (12/22/17) [http://www.un.org/en/sc/inc/pages/pdf/scr2397.pdf].

EC – Maltese tonnage tax scheme approved

clip_image017 The European Commission (EC) issued a press release stating that it has conditionally approved the Maltese tonnage tax scheme. (12/19/17) [http://europa.eu/rapid/press-release_IP-17-5361_en.htm].

India – Mumbai shipping safety fairways

clip_image019 The Indian Directorate General of Shipping (DGS) issued a notice announcing that the shipping safety fairways, recommended routes, and traffic separation scheme (TSS) at approaches to Mumbai (off Mumbai High) have been revised. The revisions enter into effect on 1 February 2018. Merchant Shipping Notice 11-2017 (12/20/17) [http://dgshipping.gov.in/WriteReadData/News/201712220543079910184ms_notice_11of2017_nt.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 – December 2017

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December 22nd, 2017 at 12:45 pm

Bryant’s Maritime Blog – 22 December 2017

Headlines:

USCG – proposed changes to PREP Guidelines;

LMRWSAC – meeting on 9 January;

Puerto Rico – vessel salvage operations;

USCG – Operation Deep Freeze;

FMC – schedule and witnesses for P4-16 hearings;

Senate – bill introduced re ocean acidification;

Denmark – digital shipping conference; and

Winter/Summer solstice – 1628 UTC, 21 December 2017.

December 22, 2017

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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. The Ship of Theseus sails forever.

USCG – proposed changes to PREP Guidelines

clip_image004 The US Coast Guard issued a notice stating that it seeks comments on proposed changes to the 2016 Preparedness for Response Exercise Program (PREP) Guidelines. Proposed changes include a decrease in drill frequency; allowing RAC drills to be combined with QI drills; and requiring Qis and SMFF providers to be contacted as specified in the approved VRP. Comments must be received by 22 January 2018. 82 Fed. Reg. 60693 (12/22/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-22/pdf/2017-27602.pdf].

LMRWSAC – meeting on 9 January

clip_image004[1] The Lower Mississippi River Waterway Safety Advisory Committee (LMRWSAC), sponsored by the US Coast Guard, will meet on 9 January in New Orleans. Topics on the agenda include the status of the Systematic Port Planning Act Item and USCG regulatory reform regulations. 82 Fed. Reg. 60755 (12/22/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-22/pdf/2017-27603.pdf].

Puerto Rico – vessel salvage operations

clip_image004[2] The US Coast Guard issued a news release stating that vessel salvage operations in Puerto Rico after Hurricane Maria have accelerated. To date, response teams have identified 368 impacted vessels, with 166 of those cases closed. Teams have made contact with 199 owners and responded to 33 pollution reports. Pollution prevention specialists have dewatered 7,000 gallons of oily water mixture and collected four cubic yards of oily debris from vessels. (12/20/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1cdb4af].

USCG – Operation Deep Freeze

clip_image006 The US Coast Guard issued a news release stating that USCGC Polar Star, the nation’s only heavy polar icebreaker, departed Honolulu enroute the Antarctic to support Operation Deep Freeze. (12/21/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1cdeda3].

FMC – schedule and witnesses for P4-16 hearings

clip_image008 The Federal Maritime Commission (FMC) issued a news release announcing that the hearings on the petition filed by the Coalition for Fair Port Practices (Petition P4-16) concerning detention, demurrage, and per diem charges are tentatively scheduled for 16 and 17 January 2018. The tentative witnesses for the six panels have also been announced. (12/20/17) [https://www.fmc.gov/tentative_schedule_witness_list_for_p4-16_hearings/].

Senate – bill introduced re ocean acidification

clip_image010 Senator Murkowski (R-AK) introduced the Coastal Communities Ocean Acidification Act of 2017 (S. 2229) to direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to conduct coastal community vulnerability assessments related to ocean acidification, and for other purposes. (12/14/17) [https://www.gpo.gov/fdsys/pkg/BILLS-115s2229is/pdf/BILLS-115s2229is.pdf].

Denmark – digital shipping conference

clip_image012 clip_image014 The Danish Maritime Authority (DMA) issued a news release stating that it and the IALA will host an international conference on 24-26 January regarding digital shipping. (12/20/17) [https://www.dma.dk/Presse/Nyheder/Sider/Cross-border-digitalisation.aspx].

Winter/Summer Solstice – 1628 UTC, 21 December 2017

clip_image016 There was a dull thud at 1628 UTC (Universal Coordinated Time) yesterday when the sun collided with the Tropic of Capricorn. In the past, we might have used Greenwich Mean Time or GMT, but that was so 20th Century. For those in the Northern Hemisphere, this was the longest night of the year – hopefully you slept well. For those in the Southern Hemisphere, this was the longest day of the year – hopefully you are pacing yourselves. For those in an alternate universe, carry on.

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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 – December 2017

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December 21st, 2017 at 3:13 pm

Bryant’s Maritime Blog – 21 December 2017

Headlines:

USCG – El Faro Final Action Memo

December 21, 2017

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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

Note: This newsletter 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. Comments on these postings are encouraged and may be made by email to the editor or by going to the blog page on the website and clicking the envelope that appears at the end of each posting. Be aware that the daily newsletter is a single posting, even though it contains a number of individual items. The Ship of Theseus sails forever.

USCG – El Faro Final Action Memo

clip_image004 The US Coast Guard released the Commandant’s Final Action Memo regarding the loss of El Faro with 33 persons on board. The Commandant found that the primary cause of the casualty was the decision to navigate the ship too close to the path of Hurricane Joaquin. Contributing factors included: (1) an ineffective safety management system within the operating company, TOTE Services, Incorporated; (2) American Bureau of Shipping’s failure to uncover or otherwise resolve longstanding deficiencies that adversely affected the safety and seaworthiness of vessels on multiple occasions; and (3) failure of the Coast Guard to adequately oversee the third party in this case. The investigation also revealed that the Coast Guard has not sustained the proficiency and policy framework of the Alternate Compliance Program (ACP) in general. (12/19/17) [https://media.defense.gov/2017/Dec/21/2001859858/-1/-1/0/EL%20FARO%20FINAL%20ACTION%20MEMO.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 – December 2017

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December 20th, 2017 at 11:46 am

Bryant’s Maritime Blog – 20 December 2017

Headlines:

USCG – safety alert re fixed CO2 systems;

USCG – conditions of entry re Cote d’Ivoire;

Hawaii – Kilauea lava flow;

USCG – NMC seeks physician;

USCG – sea turtle hooked on cocaine;

EPA – Clean Diesel project awards;

House – bill introduced re incidental discharges;

Court – factual dispute precludes summary judgment;

India – electronic issuance of statutory certificates; and

Seychelles – piracy charges.

December 20, 2017

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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. The Ship of Theseus sails forever.

USCG – safety alert re fixed CO2 systems

clip_image004 The US Coast Guard issued a Safety Alert advising that the large CO2 cylinders in fixed fire extinguishing systems should be checked periodically to ensure that the cylinders have not rotated excessively so as to put strain on the hoses connecting the cylinders to the manifold. Such strain may prevent the system from operating properly. Alert 13-17 (12/19/17) [http://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CG-5PC/INV/Alerts/1317.pdf].

USCG – conditions of entry re Cote d’Ivoire

clip_image005 The US Coast Guard issued a notice stating that it is modifying the conditions of entry for vessels arriving to the United States from Cote d’Ivoire by adding an exemption for two facilities: Carena Shipyard and Terminal A Containers, Abidjan. These modifications enter into effect on 3 January 2018. 82 Fed. Reg. 60409 (12/20/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-20/pdf/2017-27402.pdf].

Hawaii – Kilauea Lava Flow

clip_image005[1] The US Coast Guard proposes to amend its regulation establishing a safety zone in waters of the Pacific Ocean adjacent to the Kilauea Lava Flow Ocean Entry on the southeast side of the Island of Hawaii. Comments must be received by 20 February 2018. 82 Fed. Reg. 60341 (12/20/17) [https://www.gpo.gov/fdsys/pkg/FR-2017-12-20/pdf/2017-27297.pdf].

USCG – NMC seeks physician

clip_image004[1] The US Coast Guard issued a notice stating that it seeks a qualified physician to serve in the National Maritime Center (NMC) Medical Evaluation Division. Applications must be received by 15 January 2018. (12/18/17) [http://www.dco.uscg.mil/Portals/9/NMC/pdfs/announcements/2017/medical_program_manager_vacancy_notice.pdf].

USCG – sea turtle hooked on cocaine

clip_image004[2] The US Coast Guard issued a news release stating that the crew of the Cutter Thetis rescued a sea turtle that was hooked on cocaine. On patrol in the Eastern Pacific, the cutter came across a debris field. Examination revealed that it was a large stash of cocaine in bundles that had been tied together. The stash was apparently jettisoned by smugglers fearing apprehension. A sea turtle had gotten entangled in the debris field. The crew members carefully cut the lines, freeing the sea turtle, which swam away. The cocaine was seized. (12/17/17) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1cce926].

EPA – Clean Diesel project awards

clip_image007 The Environmental Protection Agency (EPA) issued a news release stating that $3.1 million has been awarded to New England states for Clean Diesel projects, including marine engine repowering. (12/19/17) [https://www.epa.gov/newsreleases/epa-funding-will-help-clean-diesel-projects-new-england-states].

House – bill introduced re incidental discharges

clip_image009 Representative Herrera Beutler (R-WA) introduced the Fishing and Small Vessel Relief Act (H.R. 4656) to extend a prohibition relating to permits for discharges incidental to the normal operation of certain vessels. (12/14/17) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr4656ih/pdf/BILLS-115hr4656ih.pdf].

Court – factual dispute precludes summary judgment

clip_image011 The US Court of Appeals for the Fifth Circuit reversed an order of summary judgment in favor of a bareboat charterer in a limitation of liability action. The appellate court found that there was a factual dispute with regard to the duty to warn of hidden dangers. In re Manson Gulf, No. 17-30007 (5th Cir., December 18, 2017) [http://www.ca5.uscourts.gov/opinions/pub/17/17-30007-CV0.pdf].

India – electronic issuance of statutory certificates

clip_image013 The Indian Directorate General of Shipping (DGS) issued a circular authorizing recognized organizations to electronically issue statutory certificates. Engineering Circular 7-2017 (12/18/17) [http://dgshipping.gov.in/WriteReadData/News/201712190356141008236Dgs_cir7_2017_Engg.pdf].

Seychelles – piracy charges

clip_image015 The EU NAVFOR issued a press release stating that six Somali nationals initially detained by an EU warship for attacks in November in the Southern Somali Basin have been charged with piracy by the Seychelles Attorney General. (12/19/17) [http://eunavfor.eu/somali-pirates-detained-by-eu-navfor-charged-in-the-seychelles/].

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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 – December 2017

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    logo11 Alternate Compliance Program

    In the December 2017 edition of Maritime Reporter and Engineering News, you can find my article entitled "Alternate Compliance Program". The article discusses the US Coast Guard program for delegating to authorized classification societies the authority to perform specific inspections on US-flag vessels on its behalf. The USCG investigation into the tragic loss of the cargo ship El Faro identified various shortcomings in this program. Efforts should be undertaken to get it back on track.