Assisting the maritime industry in regulatory compliance

Bryant's Maritime Consulting

July 20th, 2018 at 11:08 am

Bryant’s Maritime Blog – 20 July 2018

Headlines:

USCG – fishing vessel investigated for dumping oil;

FMC – expanded OTI flexibility;

NOAA & FWS – proposed reforms to ESA regulations;

Court – Exxon Valdez litigation; and

The Business of Shipping.

July 20, 2018

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

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. One must learn the rules in order to properly break them.

USCG – fishing vessel investigated for dumping oil

clip_image004 The US Coast Guard issued a news release stating that it is investigating a US fishing vessel for knowingly discharging oil in Canadian waters off British Columbia. (7/19/18) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1ffe32d].

FMC – expanded OTI flexibility

clip_image006 The Federal Maritime Commission (FMC) issued a news release stating that the Commissioners approved a draft final rule offering deregulatory flexibilities for non-vessel-operating common carriers (NVOCCs) negotiated rate arrangements (NRAs) and negotiated service arrangements (NSAs). The rule will enter into effect on 22 August. (7/19/18) [https://www.fmc.gov/expanded_flexibility_for_otis_effective_august_22_2018/].

NOAA & FWS – proposed reforms to ESA regulations

clip_image008 clip_image010 The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that it and the Fish and Wildlife Service (FWS) seek public input proposed reforms to improve and modernize implementation of the Endangered Species Act (ESA). (7/19/18) [http://www.noaa.gov/media-release/us-fish-and-wildlife-service-and-noaa-fisheries-seek-public-input-on-proposed-reforms].

Court – Exxon Valdez litigation

clip_image012 In an unpublished decision, the US Court of Appeals for the Ninth Circuit rule in favor of Exxon in litigation involving pre-judgment and post-judgment interest regarding damages resulting from the 1979 Exxon Valdez oil spill. Nautilus Marine Enterprises v Exxon, No. 17-35527 (9th Cir., July 18, 2018) [https://cdn.ca9.uscourts.gov/datastore/memoranda/2018/07/18/17-35227.pdf]. Note: I am astonished to see litigation from the 29-year-old spill is still ongoing.

The Business of Shipping

clip_image014 The ninth edition of ‘The Business of Shipping’ by Ira Breskin, Senior Lecturer, SUNY Maritime College, has been published. A primer on the shipping industry from the US perspective, it provides a lengthy (448-page) but comprehensive analysis of the industry from a business viewpoint. There are numerous books on detailed aspects of the industry, but this is one of the few that examines all facets, including economics, policy, and regulation as they impact the various sectors. While those new to the industry will certainly benefit, the book is also useful for those deeply immersed in one sector who seek a greater appreciation of other sectors. (7/19/18) [https://www.amazon.com/Business-Shipping-Ira-Breskin/dp/0764354728/ref=sr_1_4?s=books&ie=UTF8&qid=1532024659&sr=1-4&keywords=The+Business+of+Shipping&dpID=41frEq7oJhL&preST=_SY291_BO1,204,203,200_QL40_&dpSrc=srch].


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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 – July 2018

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July 19th, 2018 at 12:03 pm

Bryant’s Maritime Blog – 19 July 2018

Headlines:

USCG – marine protected areas;

USCG – preparation for ICOC;

Chicago Sanitary & Ship Canal – RNA amended;

SSBAC – meeting on 22 August;

USCRTF – meeting on 16 August;

DOJ – $1 million fine for ORB violation;

NTSB – excessive ice accumulation;

House – bill introduced re Nord Stream 2 pipeline;

ReCAAP – half-year report; and

UK & Ireland – DGPS survey.

July 19, 2018

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

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. One must learn the rules in order to properly break them.

USCG – marine protected areas

clip_image004 The US Coast Guard promulgated its updated internal instruction ‘Coast Guard Operations and Federal Marine Protected Areas’. The instruction provides guidance to field units regarding coordination of their activities to support other federal agencies in the enforcement of applicable federal laws and regulations. COMDTINST 16004.4A (6/16/18) [https://media.defense.gov/2018/Jun/28/2001937203/-1/-1/0/CI_16004_4A.PDF].

USCG – preparation for ICOC

clip_image004[1] The US Coast Guard issued a bulletin reminding operators of foreign passenger vessels that the vessel must be fully ready for its Initial Certificate of Compliance (ICOC) by the time USCG inspectors arrive on board. (7/18/18) [http://mariners.coastguard.dodlive.mil/2018/07/18/7-18-2018-foreign-flag-passenger-vessels-and-the-initial-certificate-of-compliance-exam/].

Chicago Sanitary & Ship Canal – RNA amended

clip_image005 The US Coast Guard promulgated a final rule amending the navigational and operational restrictions of the regulated navigation area (RNA) on the Chicago Sanitary and Ship Canal (CSSC) near Romeoville and removing the redundant safety zone. The amendments enter into effect on 20 August. 83 Fed. Reg. 34042 (7/19/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-19/pdf/2018-15428.pdf].

SSBAC – meeting on 22 August

clip_image007 The Sanctuary System Business Advisory Council (SSBAC), sponsored by the National Oceanic and Atmospheric Administration (NOAA), will meet in Long Island City on 22 August. 83 Fed. Reg. 34120 (7/19/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-19/pdf/2018-15452.pdf].

USCRTF – meeting on 16 August

clip_image007[1] The US Coral Reef Task Force (USCRTF), sponsored by the National Oceanic and Atmospheric Administration (NOAA), will meet in Pago Pago, American Samoa on 16 August. 83 Fed. Reg. 341210 (7/19/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-19/pdf/2018-15453.pdf].

DOJ – $1 million fine for ORB violation

clip_image009 The Department of Justice (DOJ) issued a news release stating that a ship management company has been sentenced to pay a fine of $1 million and to serve two years’ probation after being convicted for failure to maintain an accurate oil record book and making false statements concerning the illegal dumping oil oily bilge water at sea. While on probation the company must implement a court-supervised environmental compliance program. (7/12/18) [https://www.justice.gov/usao-hi/pr/singaporean-shipping-company-pay-1-million-fine-oil-tank-vessel-pollution].

NTSB – excessive ice accumulation

clip_image011 The National Transportation Safety Board (NTSB) issued a safety alert concerning the stability dangers of excessive ice accumulation on vessels. Safety Alert 2018-074 (6/20/18) [https://www.ntsb.gov/safety/safety-alerts/Documents/SA-074.pdf].

House – bill introduced re Nord Stream 2 pipeline

clip_image013 Representative Huffman (D-CA) introduced the Countering Russian Power Plays Act (H.R. 6384) to impose sanctions relating to persons operating the Nord Stream 2 pipeline, and for other purposes. Representative Huffman issued a press release explaining the measure. (16/7/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr6384ih/pdf/BILLS-115hr6384ih.pdf].

ReCAAP – half-year report

clip_image015 The ReCAAP Information Sharing Centre issued its Half-Year Report regarding piracy and armed robbery against ships in Asian waters for the period January-June 2018. The total of 40 such incidents is the lowest among the 10-year reporting period of January-June of 2009-2018. (7/17/18) [http://www.recaap.org/resources/ck/files/reports/half-year/ReCAAP%20ISC%20Half%20Yearly%202018%20Report.pdf].

UK & Ireland – DGPS survey

clip_image017 clip_image019 The Commissioners of Irish Lights issued a press release stating that The General Lighthouse Authorities of the UK and Ireland are conducting, through 30 September, a survey to gauge current and future user requirements for their differential global positioning system (DGPS) service. (7/17/18) [https://www.irishlights.ie/who-we-are/press-releases/differential-gps-user-survey.aspx].

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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 – July 2018

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July 18th, 2018 at 11:18 am

Bryant’s Maritime Blog – 18 July 2018

Headlines:

Port Arthur – temporary safety zone;

USCG – TugSafe Central;

USCG – structural assessment of aged ships;

USCG – PICWG meeting on 12 September;

FERC – LNG terminal applications timely;

House – bill introduced re Nord Stream 2 pipeline; and

Washington – seeking marine transportation safety specialist.

July 18, 2018

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

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. One must learn the rules in order to properly break them.

Port Arthur – temporary safety zone

clip_image004 The US Coast Guard promulgated a final rule establishing, through 31 January 2023, a temporary safety zone for the upper reaches of Taylor Turning Basin in Port Arthur, Texas. 83 Fed. Reg. 33842 (7/18/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-18/pdf/2018-15295.pdf].

USCG – TugSafe Central

clip_image004[1] The US Coast Guard issued a bulletin stating that the TugSafe Lite website has been retitled as the TugSafe Central website. The site provides Subchapter M requirements and guidance and has been expanded to include two new sections: (1) Appeals and Alternative Compliance Options and (2) TPO and TSMS. (7/17/18) [http://mariners.coastguard.dodlive.mil/2018/07/17/07-17-2018-tugsafe-lite-is-now-tugsafe-central-with-two-new-sections-and-more-links-to-useful-information/].

USCG – structural assessment of aged ships

clip_image005 The US Coast Guard issued a bulletin announcing that the Ship Structure Committee released a new report (SSC-474) titled ‘Structural Assessment of Aged Ships’. (7/17/18) [http://mariners.coastguard.dodlive.mil/2018/07/17/07-17-2018-new-ship-structure-committee-report-released-ssc-474/].

USCG – PICWG meeting on 12 September

clip_image007 The US Coast Guard issued a notice stating that the 2018 Public Interface Control Working Group (PICWG) and Open Public Forum will be held on 12 September in El Segundo. (7/16/18) [https://www.navcen.uscg.gov/pdf/CGSICBulletin_2018_PICWG_Announcement.pdf].

FERC – LNG terminal applications timely

clip_image009 The Federal Energy Regulatory Commission (FERC) issued a news release stating that, contrary to recent media reports, there are no delays of 12-18 months regarding the timing of pending applications for liquefied natural gas (LNG) terminals. (7/17/18) [https://www.ferc.gov/media/news-releases/2018/2018-3/07-17-18.asp#.W045WGBKjq8].

House – bill introduced re Nord Stream 2 pipeline

clip_image011 Representative Huffman (D-CA) introduced a bill (H.R. 6384) to impose sanctions relating to persons operating the Nord Stream 2 pipeline, and for other purposes. Official text of the bill is not yet available, but Representative Huffman issued a press release explaining the measure. (16/7/18) [https://huffman.house.gov/media-center/press-releases/rep-huffman-introduces-countering-russian-power-plays-act-to-protect].

Washington – seeking marine transportation safety specialist

clip_image013 The Washington Department of Ecology posted a job announcement stating that it seeks qualified applicants for the position of Vessel and Oil Transfer Inspector (Marine Transportation Safety Specialist 3). The initial screening will be on 30 July. (7/17/18) [https://www.governmentjobs.com/careers/washington/jobs/2143359/vessel-and-oil-transfer-inspector-marine-transportation-safety-specialist-3in].

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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 – July 2018

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July 17th, 2018 at 11:28 am

Bryant’s Maritime Blog – 17 July 2018

Headlines:

Hawaii – injuries on lava tour boat;

USCG – covered areas on open decks;

Gulf of Aden – threat to shipping;

NTSB – towboat grounding;

NTSB – fishing vessel sinks due to icing;

BSEE – confidential near-miss data;

CBP – interest rates;

Court – unpermitted but known mooring dolphin; and

Australia – ship banned for underpaying crew.

July 17, 2018

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

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. One must learn the rules in order to properly break them.

Hawaii – injuries on lava tour boat

clip_image004 The US Coast Guard issued a news release stating that it is investigating the report of an incident aboard a lava tour boat in Kapoho Bay, Big Island. Twelve persons were reported injured on the vessel near a lava flow. (7/16/18) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1ff0ff5].

USCG – covered areas on open decks

clip_image005 The US Coast Guard issued a bulletin advising of the potential safety risks posed by covered areas on open decks of passenger vessels. (7/16/18) [http://mariners.coastguard.dodlive.mil/2018/07/16/7-16-2018-covered-areas-on-open-decks-risks-and-requirements-for-passenger-vessels/].

Gulf of Aden – threat to shipping

clip_image007 The Maritime Administration (MARAD) posted an advisory concerning the continued threat to shipping in the Gulf of Aden and adjacent waters posed by regional conflict and piracy. Advisory 2018-009 (7/16/18) [https://www.marad.dot.gov/environment-and-safety/office-of-security/msci/advisory/].

NTSB – towboat grounding

clip_image009 The National Transportation Safety Board (NTSB) issued the report of its investigation of the 8 July 2017 grounding on the uninspected towboat Eric Haney on a submerged portion of an erosion-control dike while pushing 15 empty barges upriver on the Upper Mississippi River by Cairo, Illinois, at mile marker (mm) 13.4. All crewmembers climbed aboard one of the empty barges without any reported injuries. The towboat and barges were freed by the current, drifted downriver, and were pushed into the opposite bank by another towboat at mm 9.7. The barges broke free, and the towboat partially sank. Minimal oil sheening was observed after the sinking. Damage to the vessel was estimated at $4.3 million. ​The probable cause of the grounding and subsequent sinking of the towboat was the pilot’s failure to identify a charted navigation hazard (erosion-control dike) during towing operations. MAB 18-15 (7/13/18) [https://www.ntsb.gov/investigations/AccidentReports/Reports/MAB1815.pdf].

NTSB – fishing vessel sinks due to icing

clip_image009[1] The National Transportation Safety Board (NTSB) issued the report of its investigation of the sinking of the fishing vessel Destination 2.6 miles northwest of St. George Island, Alaska on 11 February 2017. The vessel was transiting from Dutch Harbor to St. Paul Island, Alaska, to deliver bait and to fish for crab. No mayday call was received. However, a signal from the vessel’s emergency position-indicating radio beacon (EPIRB) alerted the US Coast Guard to the sinking. During search and rescue efforts, debris and an oil sheen were sighted, but none of the six crewmembers aboard were found and are thereby presumed to be dead. The value of the vessel was estimated at $2.5 million. ​The probable cause of the capsizing and sinking of the fishing vessel was the captain’s decision to proceed during heavy freezing spray conditions without ensuring the vessel had a margin of stability to withstand an accumulation of ice or without taking sufficient mitigating action to avoid or limit the effects of icing. MAB 18-14 (7/13/18) [https://www.ntsb.gov/investigations/AccidentReports/Reports/MAB1814.pdf].

BSEE – confidential near-miss data

clip_image011 The Bureau of Safety and Environmental Enforcement (BSEE) issued a news release announcing availability of its SafeOCS report. The report consists of industry failure data and notifications shared confidentially by the OCS oil and gas industry. The data is collected by the Bureau of Transportation Statistics (BTS) and is protected by the Confidential Information Protection and Statistical Efficiency Act of 2002. (7/16/18) [https://www.bsee.gov/newsroom/latest-news/statements-and-releases/press-releases/bsee-cites-safeocs-report-to-emphasize].

CBP – interest rates

clip_image013 The US Customs and Border Protection (CBP) issued a notice stating that interest rates for the quarter beginning 1 July 2018 will be 4% for overpayments by corporations and 5% for non-corporations. Interest rates for underpayments will be 5% for both. 83 Fed. Reg. 33232 (7/17/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-17/pdf/2018-15179.pdf].

Court – unpermitted but known mooring dolphin

clip_image015 In an unpublished decision, the US Court of Appeals for the Fifth Circuit affirmed the summary judgment in favor of plaintiff dock owner against the owner and operator of the pushboat whose barge broke loose and damaged a mooring dolphin adjacent to the dock. Among other things, the court held that the fact that the dolphin had not been permitted by the US Army Corps of Engineers (USACE) was of no consequence since the master of the pushboat was aware of the existence and location of the mooring dolphin. Entergy Mississippi v Marquette Transportation, No. 17-60719 (5th Cir., July 16, 2018) [http://www.ca5.uscourts.gov/opinions/unpub/17/17-60719.0.pdf].

Australia – ship banned for underpaying crew

clip_image017 The Australian Maritime Safety Authority (AMSA) issued a news release stating that the bulk carrier Shandong Hai Wang has been banned from making port calls in Australia for twelve months after it was discovered that the crew had been deliberately underpaid. The ship was detained until all arrearages had been satisfied. (7/12/18) [https://www.amsa.gov.au/news-community/news-and-media-releases/bulk-carrier-banned-underpaying-crew].

Join my mailing list

clip_image019 If you are not receiving my almost daily electronic newsletter and would like to have it sent directly to your email inbox, please send me an email, or see below:

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2018

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July 16th, 2018 at 10:09 am

Bryant’s Maritime Blog – 16 July 2018

Headlines:

USCG – hearing re tank barge explosion and fire;

OMB – maritime regulatory reform;

FWS – double-crested cormorants;

COAC – webinar meeting on 1 August;

BOEM – New York Bight wind power leasing;

Court – maritime lien extinguished by laches; and

Court – competing liens.

July 16, 2018

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

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. One must learn the rules in order to properly break them.

USCG – hearing re tank barge explosion and fire

clip_image004 The US Coast Guard issued a bulletin stating that, beginning 16 July, a formal public hearing will be held at Sector Houston-Galveston to consider evidence related to the explosion, fire, and subsequent loss of life that occurred aboard the tank barge Bouchard No. 255 off the coast of Texas on 20 October, 2017 (7/13/18) [http://mariners.coastguard.dodlive.mil/2018/07/13/07-13-2018-public-hearing-being-held-july-16-in-houston-texas-for-bouchard-no-255-tank-barge-incident/].

OMB – maritime regulatory reform

clip_image006 The Office of Management and Budget (OMB) has extended, through 30 August, the period within which to submit comments regarding its Maritime Regulatory Reform proposal. 83 Fed. Reg. 32689 (7/13/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-13/pdf/2018-14958.pdf].

FWS – double-crested cormorants

clip_image008 The Fish and Wildlife Service (FWS) promulgated a final rule, effective immediately, removing regulatory provisions that allowed take of double-crested cormorants at aquaculture facilities and to protect public resources without the need for a permit. 83 Fed. Reg. 32805 (7/16/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-16/pdf/2018-15103.pdf].

COAC – webinar meeting on 1 August

clip_image010 The Commercial Customs Operations Advisory Committee (COAC), sponsored by the US Customs and Border Protection (CBP), will meet via webinar on 1 August. Topics on the agenda include a discussion of the work of the Export Manifest Working Group and the Regulatory Reform Working Group. 83 Fed. Reg. 32885 (7/16/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-16/pdf/2018-15107.pdf].

BOEM – New York Bight wind power leasing

clip_image012 The Bureau of Ocean Energy Management (BOEM) has reopened, through 30 July, the period within which to submit nominations describing interest in one or more of the call areas for commercial leasing for wind power on the OCS in the New York Bight. 83 Fed. Reg. 32896 (7/16/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-16/pdf/2018-15133.pdf].

Court – maritime lien extinguished by laches

clip_image014 Over a strong dissent, the US Court of Appeals for the Second Circuit affirmed a declaratory judgment in favor of plaintiff vessel operator that defendant fuel supplier’s maritime lien had been extinguished by laches. The dissent contended that the court did not have subject matter jurisdiction to hear the case since jurisdiction over the res (the vessel) is a prerequisite and was not present here. Leopard Marine v Easy Street, No. 16-1356-cv (2nd Cir., July 13, 2018) [http://www.ca2.uscourts.gov/decisions/isysquery/5b1dd7f1-3835-43d6-8d4a-23f9b84c530b/2/doc/16-1356_complete_pdf.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/5b1dd7f1-3835-43d6-8d4a-23f9b84c530b/2/hilite/]. Note: This matter was brought to my attention by my good friend Keith Heard of Burke & Parsons.

Court – competing liens

clip_image016 Getting way down in the weeds and over an equally obtuse dissent, the US Court of Appeals for the Fifth Circuit upheld a state lien against a cargo of pig iron onboard a vessel over a maritime lien against the same cargo. Daewoo International v ThyssenKrupp Mannex, No. 16-30984 (5th Cir., July 11, 2018) [http://www.ca5.uscourts.gov/opinions/pub/16/16-30984-CV1.pdf]. Note: This matter was brought to my attention by my good friend Don Haycraft of Liskow & Lewis.

Join my mailing list

clip_image018 If you are not receiving my almost daily electronic newsletter and would like to have it sent directly to your email inbox, please send me an email, or see below:

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2018

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July 12th, 2018 at 9:20 am

Bryant’s Maritime Blog – 12 July 2018

Headlines:

Port Valdez – safety zone;

USACE & EPA – waters of the United States;

NOAA – possible meteorite fragments recovered;

House – bill introduced re FMC;

UK – laser targeting sanctions; and

UK – ballast water management FAQ.

July 12, 2018

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

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. One must learn the rules in order to properly break them.

Port Valdez – safety zone

clip_image004 The US Coast Guard republished its 2014 rule establishing a permanent safety zone on waters of Port Valdez within 200 yards of the Alaska Marine Highway System (AMHS) ferry terminal. The safety zone, which is effective immediately, will be enforced when there is a declared Commercial Salmon Fishery Opener. 83 Fed. Reg. 32208 (7/12/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-12/pdf/2018-14863.pdf].

USACE & EPA – waters of the United States

clip_image006 clip_image008 The US Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) issued a supplemental notice of proposed rulemaking (SNPRM) that would recodify the 2015 preexisting rule defining ‘waters of the United States’. Comments must be received by 13 August. 83 Fed. Reg. 32227 (7/12/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-12/pdf/2018-14679.pdf].

NOAA – possible meteorite fragments recovered

clip_image010 The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that scientists have recovered from the sea floor possible fragments of a meteorite that landed in the Olympic Coast National Marine Sanctuary on 7 March 2018. (7/11/18) [http://www.noaa.gov/stories/scientists-recover-possible-fragments-of-meteorite-landed-in-marine-sanctuary].

House – bill introduced re FMC

clip_image012 Representative Posey (R-FL) introduced the Common Sense Maritime and Consumer Services Protection Act (H.R. 6303) to amend title 46, United States Code, to provide statutory authority for the Office of Consumer Affairs and Dispute Resolution Services of the Federal Maritime Commission, to increase public awareness and understanding of ocean shipping services agreements and such Office, and for other purposes. (7/3/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr6303ih/pdf/BILLS-115hr6303ih.pdf].

UK – laser targeting sanctions

clip_image014 The UK Department for Transport (DfT) issued a news release reminding the public the new law imposing tougher sanctions for targeting a laser at vehicles, including trains, planes, cars, and vessels, has entered into force. Penalties range up to five years in prison, an unlimited fine, or both. (7/10/18) [https://www.gov.uk/government/news/tougher-laser-misuse-laws-come-into-force].

UK – ballast water management FAQ

clip_image014[1] The UK Maritime and Coastguard Agency posted its Ballast Water Management FAQ. (7/11/18) [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/724375/Ballast_Water_Management_FAQ_Version_1.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 – July 2018

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July 11th, 2018 at 10:13 am

Bryant’s Maritime Blog – 11 July 2018

Headlines:

White House – Executive Order re ALJs;

USCG – CSNCOE newsletter;

IWUB – meeting on 30 August;

House – committee approves H.R. 6206;

House – bill introduced to combat lionfish;

Court – lack of notice;

EU – maritime security action plan;

Paris MOU – infographic;

Hong Kong – shipping regulation amendments; and

MREN – Vessel General Permit update.

July 11, 2018

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

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. One must learn the rules in order to properly break them.

White House – Executive Order re ALJs

clip_image004 President Trump issued an Executive Order exempting administrative law judges (ALJs) from the competitive service and transferring them to the excepted service. This action was taken in response to a recent decision of the Supreme Court calling into question decisions of ALJs (such as those serving with the US Coast Guard and the Federal Maritime Commission). (7/10/18) [https://www.whitehouse.gov/presidential-actions/executive-order-excepting-administrative-law-judges-competitive-service/].

USCG – CSNCOE newsletter

clip_image006 The USCG Cruise Ship National Center of Expertise (CSNCOE) posted the Summer 2018 edition of its semi-annual newsletter. This edition focuses on safety awareness. (7/10/18) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CSNCOE/Newsletters/Issue%2019%20Summer%202018%20Edition.pdf?ver=2018-06-29-062845-680].

IWUB – meeting on 30 August

clip_image008 The Inland Waterways Users Board (IWUB), sponsored by the US Army Corps of Engineers (USACE), will meet on 30 August in Paducah. 83 Fed. Reg. 32102 (7/11/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-11/pdf/2018-14818.pdf].

House – committee approves H.R. 6206

clip_image010 Representative Garamendi (D-CA) issued a press release stating that the House Committee on Transportation and Infrastructure approved his bill (H.R. 6206) which if enacted into law will require the US Coast Guard to create a Blue Technology Center of Expertize. (6/27/18) [https://garamendi.house.gov/media/press-releases/house-transportation-and-infrastructure-committee-advances-congressman-john].

House – bill introduced to combat lionfish

clip_image010[1] Representative Soto (D-FL) introduced a bill (H.R. 6255) to amend title 18, United States Code, to establish measures to combat invasive lionfish, and for other purposes. (6/27/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr6255ih/pdf/BILLS-115hr6255ih.pdf].

Court – lack of notice

clip_image012 In an unpublished decision, the US Court of Appeals for the Second Circuit reversed a sua sponte summary judgment order in favor of defendant vessel, stating that plaintiff lien claimant had been improperly denied notice and an opportunity to be heard. ING Bank v MV Voge Fiesta, No. 16-4023-cv (2nd Cir., July 10, 2018) [http://www.ca2.uscourts.gov/decisions/isysquery/8dfc63c4-2f68-4009-99f7-648bfc33fc93/5/doc/16-4023_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/8dfc63c4-2f68-4009-99f7-648bfc33fc93/5/hilite/].

EU – Maritime Security Action Plan

clip_image014 The Council of the European Union posted its conclusions on the revision of the EU Maritime Security Action Plan. (6/26/18) [https://safety4sea.com/wp-content/uploads/2018/06/EU-Council-Council-conclusions-on-the-revision-of-the-European-Union-Maritime-Security-Strategy-EUMSS-Action-Plan-2018_06.pdf].

Paris MOU – infographic

clip_image016 The Paris MOU posted an Infographic summarizing the results of its examinations of vessels calling in member states’ ports during 2017. (7/10/18) [https://www.parismou.org/infographic-paris-mou-annual-2017].

Hong Kong – shipping regulation amendments

clip_image018 The Hong Kong Marine Department issued a notice announcing that various shipping regulations have been amended to give effect to recent amendments to Annex II to MARPOL, as well as the BCH and IBC Codes. Notice 109-2018 (6/29/18) [https://www.mardep.gov.hk/en/notices/pdf/mdn18109.pdf].

MREN – Vessel General Permit update

clip_image020 In the July 2018 edition of Maritime Reporter and Engineering News, you can find my article entitled "Vessels General Permit update". The article summarizes the Vessel General Permit (VGP) program promulgated by the Environmental Protection Agency (EPA) to reduce emissions into the water from vessels. It points out that the current program expires in December 2018 and that the EPA has yet to unveil a proposed replacement. (7/10/18) [http://www.brymar-consulting.com/wp-content/uploads/MREN/MREN180700.pdf].

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

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2018

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July 10th, 2018 at 10:40 am

Bryant’s Maritime Blog – 10 July 2018

Headlines:

EPA – ECA workshop on 30 July;

Court – no abuse of discretion;

IMO – ‘Empowering Women in the Maritime Community’;

IMO – award for bravery; and

Singapore – safe navigation reminder.

July 10, 2018

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

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. One must learn the rules in order to properly break them.

EPA – ECA workshop on 30 July

clip_image004 The Environmental Protection Agency (EPA) issued a notice stating that it will hold a workshop on 30 July in Washington, DC for a study on the impacts of compliance with the ECA fuel sulfur limits on US coastal shipping. 83 Fed. Reg. 31753 (7/9/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-09/pdf/2018-14681.pdf]. Note: This item was brought to my attention by my good friend Kelly Baughman of Crowley Shipping.

Court – no abuse of discretion

clip_image006 The US Court of Appeals for the Second Circuit upheld the district court ruling lowering the interest rate on the security posted by a claimant in a maritime lien action from 6% per annum to 3.5%, the prevailing interest rate. The appellate court found no abuse of discretion. ING Bank v MV Maritime King, No. 16-3944-cv (2nd Cir., July 9, 2018) [http://www.ca2.uscourts.gov/decisions/isysquery/319b5f77-1a16-4984-bcb3-ce9ddd52e378/2/doc/16-3944_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/319b5f77-1a16-4984-bcb3-ce9ddd52e378/2/hilite/].

IMO – ‘Empowering Women in the Maritime Community’

clip_image008 The IMO issued a news release stating that the World Maritime Day (WMD) theme for 2019 will be ‘Empowering Women in the Maritime Community’. (7/9/18) [http://www.imo.org/en/MediaCentre/PressBriefings/Pages/13-WMD2019themeC120.aspx].

IMO – award for bravery

clip_image008[1] The IMO issued a news release stating that this year’s Award for Exceptional Bravery at Sea will be awarded to a rescue diver from China who made a series of underwater dives to personally rescue three crew members from a sunken cargo ship. (7/9/18) [http://www.imo.org/en/MediaCentre/PressBriefings/Pages/14-C120Bravery.aspx].

Singapore – safe navigation reminder

clip_image010 The Singapore Maritime and Port Authority (MPA) issued a circular reminding stakeholders of the importance of safe navigation in the Singapore Strait and Singapore waters. Large numbers of ships of different types operate in these waters. Vessels indiscriminately anchored will be reported to their flag states. Information regarding vessels that damage submarine cables will be shared with the cable owners. Violations of the COLREGS will be prosecuted. Shipping Circular 9-2018 (7/6/18) [https://www.mpa.gov.sg/web/portal/home/port-of-singapore/circulars-and-notices/detail/a196a46f-c510-4d41-af2b-aad5cc3afd6b].

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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 – July 2018

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July 9th, 2018 at 10:41 am

Bryant’s Maritime Blog – 9 July 2018

Headlines:

Puerto Rico & USVI – Port Condition X-Ray;

Louisiana – waterway suitability assessment;

USCG – ballast water management;

Australia – vessel detained & owners arrested;

Panama Canal – June operations summary; and

UK – ship security guidance.

July 9, 2018

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

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. One must learn the rules in order to properly break them.

Puerto Rico & USVI – Port Condition X-Ray

clip_image004 The US Coast Guard issued a news release stating that Port Condition X-Ray has been set for Puerto Rico and the US Virgin Islands due to approach of Hurricane Beryl. (7/7/18) [http://coastguardnews.com/uscg-sets-port-condition-x-ray-for-puerto-rico-and-virgin-islands/2018/07/07/].

Louisiana – waterway suitability assessment

clip_image004[1] The US Coast Guard seeks comments on a Letter of Intent and Preliminary Waterway Suitability Assessment received from Sabine Pass LNG regarding plans to construct a new berth at its Cameron Parish facility and increase the number of LNG carriers calling at the facility. Comments must be received by 8 August. 83 Fed. Reg. 31763 (7/9/18) [https://www.gpo.gov/fdsys/pkg/FR-2018-07-09/pdf/2018-14596.pdf].

USCG – ballast water management

clip_image004[2] The US Coast Guard issued a bulletin recapping the remarks of Captain Jennifer Williams, Director of Inspections & Compliance concerning ballast water management delivered at Korea Maritime Week on 28 June at Busan, Republic of Korea. (7/6/18) [http://mariners.coastguard.dodlive.mil/2018/07/06/7-6-2018-recap-of-coast-guard-remarks-during-korea-maritime-week/].

Australia – vessel detained & owners arrested

clip_image006 The Australian Maritime Safety Authority (AMSA) issued a news release stating that the Australian vessel Tomin has been detained and the owners arrested for offenses under the Navigation Act. Among other things, the vessel is suspected of having undertaken a voyage to the Solomon Islands without certification required by MARPOL. (6/29/18) [https://www.amsa.gov.au/news-community/news-and-media-releases/two-arrested-yamba-and-charged-operating-unseaworthy-and].

Panama Canal – June operations summary

clip_image008 The Panama Canal Authority (ACP) issued an advisory summarizing Canal operations during June. It also has the schedule of locks maintenance outages through October. Advisory 25-2018 (7/6/18) [https://www.pancanal.com/common/maritime/advisories/2018/a-25-2018.pdf].

UK – ship security guidance

clip_image010 The UK Maritime and Coastguard Agency (MCA) issued updated guidance on ship security. (7/6/18) [https://www.gov.uk/guidance/maritime-security].

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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 – July 2018

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July 6th, 2018 at 9:43 am

Bryant’s Maritime Blog – 6 July 2018

Headlines:

USCG – Operation Arctic Guardian;

USCG – E-Zero designees;

USCG – African Maritime Law Enforcement Partnership;

Red Sea – caution advised;

St. Lawrence Seaway – AIS Navigation status;

DOJ – two freight forwarder executives arrested;

CMTS – speaker series event on 30 July;

FMC – Commissioner Maffei departs;

Senate – bill introduced re marine aquaculture;

House – bill introduced to retrain transportation workers;

House – bill introduced re FMC;

Court – failure to warn;

Court – general vs premises negligence;

Court – borrowed employee;

EU NAVFOR – BMP5;

EU NAVFOR – counter piracy guidance;

Paris MOU – annual report;

Singapore – port dues refunds;

UK – application of SPS Code to offshore vessels; and

UK – construction and equipment of offshore vessels.

July 6, 2018

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

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. One must learn the rules in order to properly break them.

USCG – Operation Arctic Guardian

clip_image004 The US Coast Guard issued a news release announcing the opening of its forward operating location in Kotzebue as part of Operation Arctic Guardian. Three Coast Guard cutters and various personnel will participate in the annual operation. (7/2/18) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/1fb9ae2].

USCG – E-Zero designees

clip_image005 The US Coast Guard issued a bulletin announcing the latest ships to qualify for the E-Zero designation on their QUALSIP 21 certificates. (7/5/18) [http://mariners.coastguard.dodlive.mil/2018/07/05/7-5-2018-congratulations-to-the-latest-e-zero-designees/].

USCG – African Maritime Law Enforcement Partnership

clip_image006 The US Navy issued a news release stating that the first phase of the African Maritime Law Enforcement Partnership his closed. AMLEP pairs a US Coast Guard law enforcement detachment (LEDET) with partner nation maritime forces and interagency personnel to execute combined law enforcement operations. The U.S. boarding teams operated from partner nation vessels to identify suspect vessels or escort vessels that have been cited for illicit and criminal activities. (7/3/18) [http://www.navy.mil/submit/display.asp?story_id=106220].

Red Sea – caution advised

clip_image008 The Maritime Administration (MARAD) posted an advisory concerning the continued threat of regional conflict and piracy in the Red Sea, Gulf of Aden, Arabian Sea, Gulf of Oman, and Indian Ocean. Caution is advised when transiting these waters. Advisory 2018-009 (7/3/18) [https://www.marad.dot.gov/environment-and-safety/office-of-security/msci/advisory/].

St. Lawrence Seaway – AIS Navigation status

clip_image010 The Great Lakes-St. Lawrence Seaway System issued a notice advising mariners to set their AIS Navigation status to’0-Underway (Engine)’ when they are transiting the St. Lawrence Seaway to ensure the AIS signal is broadcasted on a regular basis. Seaway Notice 10-2018 (6/29/18) [http://www.greatlakes-seaway.com/en/pdf/navigation/notice20180629.pdf].

DOJ – two freight forwarder executives arrested

clip_image012 The Department of Justice (DOJ) issued a news release stating that two freight forwarding executives have been arrested on charges of participating in a criminal conspiracy to fix prices charged to US customers. (7/3/18) [https://www.justice.gov/opa/pr/two-freight-forwarding-executives-arrested-miami].

CMTS – speaker series event on 30 July

clip_image014 The Committee on the Marine Transport System (CMTS) issued a bulletin announcing that on 30 July it will host an event in Washington, DC regarding EPA’s Ports Initiative and the partnership with Port Everglades to refine emission inventory methods and analyze reduction strategies. (6/30/18) [https://www.cmts.gov/posts/e9e4d7f7-3b08-499d-ac06-158e97a98e06].

FMC – Commissioner Maffei departs

clip_image016 The Federal Maritime Commission (FMC) issued a news release stating that Commissioner Daniel K. Maffei departed the Commission upon the expiration of his term. (6/29/18) [https://www.fmc.gov/commissioner_maffei_departs_commission/].

Senate – bill introduced re marine aquaculture

clip_image018 Senator Wicker (R-MS) introduced the Advancing the Quality and Understanding of American Aquaculture Act (S. 3138) to establish a regulatory system for marine aquaculture in the United States exclusive economic zone, and for other purposes. Senator Wicker issued a press release explaining the measure. (6/26/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115s3138is/pdf/BILLS-115s3138is.pdf].

House – bill introduced to retrain transportation workers

clip_image020 Representative Eddie Bernice Johnson (D-TX) introduced the Transportation Workforce Modernization Act (H.R. 6200) to allow the Secretary of Transportation to provide grants to retrain transportation workers. (6/22/18) [https://www.gpo.gov/fdsys/pkg/BILLS-115hr6200ih/pdf/BILLS-115hr6200ih.pdf].

House – bill introduced re FMC

clip_image020[1] Representative Posey (R-FL) introduced a bill (H.R. 6303) to amend title 46, United States Code, to provide statutory authority for the Office of Consumer Affairs and Dispute Resolution Services of the Federal Maritime Commission, to increase public awareness and understanding of ocean shipping services agreements and such Office, and for other purposes. Official text of the bill is not yet available. (7/3/18).

Court – failure to warn

clip_image022 The US Court of Appeals for the Eleventh Circuit reversed an award of summary judgment in favor of a cruise line in a personal injury case brought by a passenger when a heavy metal door on an exterior deck closed on his finger. The passenger alleged, among other things, a failure to properly warn. The appellate court ruled that there were facts in dispute regarding the adequacy of the warning. Horne v Carnival Corporation, No. 17-15803 (11th Cir., 6/29/18) [http://media.ca11.uscourts.gov/opinions/unpub/files/201715803.pdf].

Court – general vs premises negligence

clip_image024 The Texas Appellate Court reversed a jury verdict in favor of an employee who was injured when working on an oil and gas platform off the cost of Louisiana. The jury charge submitted a general-negligence question. The appellate court ruled that the charge should have a premises-negligence question. W&T Offshore v Meyers, No. 14-16-00378-CV (Tex. Ct. App., July 3, 2018) [http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=d7630b82-a14c-4a97-bd74-c4e0ecdf64bd&coa=coa14&DT=Opinion&MediaID=722dc405-9516-4b76-8e99-2bbc84d4ed67]. Note: This matter was brought to my attention by my good friend Keith Heard of Burke & Parsons.

Court – borrowed employee

clip_image024[1] Over a vigorous dissent, the Texas Appellate Court reversed a lower court decision that had overturned a jury verdict in favor of an individual injured on an offshore platform. The lower court had ruled as a matter of law that plaintiff was a borrowed employee. The appellate court ruled that there were disputed fact issues regarding plaintiff’s status. As a result, the question had been properly presented to the jury. Fredieu v W&T Offshore, No. 14-16-00511-CV (Tex. App. Ct., June 26, 2018) [http://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=e70e21e7-7895-450f-9b12-d0bb51a3719e&MediaID=40ff6d08-707c-4c04-9ec7-d1d40864cff6&coa=%22%20+%20this.CurrentWebState.CurrentCourt%20+%20@%22&DT=Opinion]. Note: This matter was brought to my attention by my good friend Keith Heard of Burke & Parsons.

EU NAVFOR – BMP5

clip_image026 The EU NAVFOR posted the industry-produced BMP5 – Best Management Practices to Deter Piracy and Enhance Maritime Security in the Red Sea, Gulf of Aden, Indian Ocean, and Arabian Sea (5th edition). (6/28/18) [http://eunavfor.eu/wp-content/uploads/2018/06/BMP5-PP.pdf].

EU NAVFOR – counter piracy guidance

clip_image027 The EU NAVFOR posted the industry-produced Global Counter Piracy Guidance for Companies, Masters, and Seafarers. (6/28/18) [http://eunavfor.eu/wp-content/uploads/2018/06/Global-Counter-Piracy-Guidance-BMP_LOW-PP-1.pdf].

Paris MOU – annual report

clip_image029 The Paris MOU issued its Annual Report 2017. (6/30/18) [https://www.parismou.org/2017-paris-mou-annual-report-%E2%80%9Csafeguarding-responsible-and-sustainable-shipping%E2%80%9D].

Singapore – port dues refunds

clip_image031 The Singapore Maritime and Port Authority (MPA) issued a notice announcing that it is refunding portions of port dues paid by vessels meeting certain conditions. Applications for refunds must be made by 31 December. Port Marine Notice 69-2018 (7/2/18) [https://www.mpa.gov.sg/web/portal/home/port-of-singapore/circulars-and-notices/detail/ff05c0c9-d0dc-420f-9ba7-d9921d0643ce].

UK – application of SPS Code to offshore vessels

clip_image033 The UK Maritime and Coastguard Agency (MCA) issued a Marine Guidance Note providing guidance on the application of the IMO Special Purpose Ships (SPS) Code to UK ships and to those non-UK ships operating from UK ports and/or in UK waters in the offshore sector. MGN 515 (M) (7/4/18) [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/561963/MGN_515.pdf].

UK – construction and equipment of offshore vessels

clip_image034 The UK Maritime and Coastguard Agency (MCA) issued a Marine Guidance Note providing guidance regarding the use of application of IMO Codes and Guidelines regarding the construction and equipment of offshore vessels. MGN 516 (M) (7/4/18) [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/561965/MGN_516.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 – July 2018

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    logo11 Vessel General Permit update

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