Assisting the maritime industry in regulatory compliance

Bryant's Maritime Consulting

March 18th, 2019 at 10:49 am

Bryant’s Maritime Blog – 18 March 2019

Headlines:

Missouri River – closed to navigation;

USCG – unit stand down for third party oversight;

USCG – Container Inspection Program Manual;

Boston – Maritime Outreach Day on 21 March;

USCG – IOSC call for papers and posters;

USN – fire aboard USS Devastator;

USN – large unmanned surface vessel info sought;

FERC – Texas LNG EIS completed;

Senate – bill introduced to ban Atlantic Coast seismic activity; and

EU – sanctions against Russia re Ukraine.

March 18, 2019

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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. Once a job is fouled up, anything done to improve it will only make it worse.

Missouri River – closed to navigation

clip_image004 The US Coast Guard issued a news release stating that, due to high water levels and dangerous currents, the Missouri River has been closed to navigation from mile marker 450 near St. Joseph, Missouri to mile marker 550 approximately 50 miles south of Omaha, Nebraska. In addition, vessels operating between mile marker 375 near Kansas City, Missouri and mile marker 450 are requested to create minimal wake to reduce the risk of levee damage. (3/15/19) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/236f1b2].

USCG – unit stand down for third party oversight

clip_image004[1] The US Coast Guard issued a message directing each Sector, Marine Safety Unit, and other units that exercise Officer in Charge, Marine Inspection (OCMI) authority to conduct a Third-Party Organization (TPO) oversight stand down within the next 30 days. The purpose is to ensure unit members understand and properly execute the new Mission Management System (MMS) Work Instructions and Procedures regarding domestic vessel inspections and Coast Guard oversight responsibilities. ALCOAST 082/19 (3/15/19) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/236eb31].

USCG – Container Inspection Program Manual

clip_image005 The US Coast Guard issued a message announcing release of the updated National Container Inspection Program Manual, COMDTINST M166616.11D. ACN 023/19 (3/15/19) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/236f22f].

Boston – Maritime Outreach Day on 21 March

clip_image005[1] The US Coast Guard is co-sponsoring the Greater Boston Maritime Community Outreach Day on 21 March. The event will feature presentations on such topics as licensing, autonomous vessel operation, and passenger vessel issues. (3/15/19) [http://www.brymar-consulting.com/wp-content/uploads/Misc/Boston_Maritime_Outreach_Day_190321.pdf].

USCG – IOSC call for papers and posters

clip_image005[2] The US Coast Guard posted a bulletin stating that the International Oil Spill Conference (IOSC) has issued a call for technical papers and posters for its meeting in 2020. Material must be received by 15 May 2019. (3/15/19) [https://mariners.coastguard.dodlive.mil/2019/03/15/3-15-2019-international-oil-spill-conference-call-for-technical-papers-and-posters/].

USN – fire aboard USS Devastator

clip_image007 The US Navy issued a news release stating that a fire broke out on the mine countermeasures ship USS Devastator (MCM 6) while it was pierside in Bahrain. There were no injuries. The extent of damage is being evaluated and the incident is under investigation. (3/15/19) [https://www.navy.mil/submit/display.asp?story_id=108927].

USN – large unmanned surface vessel info sought

clip_image007[1] The US Navy issued a Request for Information (RFI) concerning large unmanned surface vessel (LUSV) sources. Responses are requested by 26 April. (3/13/19) [https://www.fbo.gov/index.php?s=opportunity&mode=form&id=2a2b2e2812a80601a6c522a8724f7fd4&tab=core&_cview=0].

FERC – Texas LNG EIS completed

clip_image009 The Federal Energy Regulatory Commission (FERC) issued a news release announcing completion of the final environmental impact statement (EIS) for the Texas LNG project proposed for Brownsville. (3/15/19) [https://www.ferc.gov/industries/gas/enviro/eis/2019/03-15-19-FEIS.asp?csrt=2871992833069547859].

Senate – bill introduced to ban Atlantic Coast seismic activity

clip_image011 Senator Booker (D-NJ) introduced a bill (S. 828) to amend the Outer Continental Shelf Lands Act to prohibit oil-, gas-, and methane hydrate-related seismic activities in the North Atlantic, Mid-Atlantic, South Atlantic, and Straits of Florida planning areas of the outer Continental Shelf, and for other purposes. Official text of the bill is not yet available. (3/14/19).

EU – sanctions against Russia re Ukraine

clip_image013 The European Union (EU) issued a press release stating that sanctions against Russian individuals and entities have been extended and broadened in response to continued efforts to block the access of Ukrainian ships to the Azov Sea. (3/15/19) [https://www.consilium.europa.eu/en/press/press-releases/2019/03/15/ukraine-eu-responds-to-escalation-at-the-kerch-straits-and-the-azov-sea-and-renews-sanctions-over-actions-against-ukraine-s-territorial-integrity/].

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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 – March 2019

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March 15th, 2019 at 11:21 am

Bryant’s Maritime Blog – 15 March 2019

Headlines:

Mississippi River – closed between MM 224.5 and MM 226;

USCG – two owners convicted of illegal passenger charters;

Texas – Sabine Pass anchorage ground amendment;

USCG – Atlantic Coast port access study;

USCG – PWSRCAC recertified;

USCG – navigation lights for sailing vessels;

USN – wreckage of USS Wasp discovered;

Senate – bill introduced re ocean acidification;

House – bill introduced re ocean acidification;

UN – plastic litter monitoring guidelines; and

EMSA – responding to Grande America oil spill.

March 15, 2019

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. Once a job is fouled up, anything done to improve it will only make it worse.

Mississippi River – closed between MM 224.5 and MM 226

clip_image004 The US Coast Guard issued a news release stating that the Lower Mississippi River between mile markers 224.5 and 226 near Baton Rouge has been closed to navigation following the sinking of a towing vessel. There were no reported injuries. The incident is under investigation. (3/14/19) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/236b9d1]. A second news release states that the waterway has been reopened. (3/14/19) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/236cd42].

USCG – two owners convicted of illegal passenger charters

clip_image005 The US Coast Guard issued a bulletin stating that the owners of two vessels in Florida that were operating illegal passenger charters despite specific COTP orders to cease such operations have been convicted in federal court and sentenced to substantial fines (totaling $100,000) and probation and, in one instance, 180 days of home detention. (3/14/19) [https://mariners.coastguard.dodlive.mil/2019/03/14/3-14-2019-owners-of-two-vessels-criminally-charged-convicted-for-operating-illegal-passenger-charters/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+MaritimeCommons+%28Maritime+Commons%29].

Texas – Sabine Pass anchorage ground amendment

clip_image006 The US Coast Guard promulgated a final rule amending the anchorage regulations for the Sabine Pass Channel for the navigational safety of vessels entering and exiting a new LNG terminal mooring basin. The amendment enters into effect on 15 April. 84 Fed. Reg. 9458 (3/15/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-15/pdf/2019-04875.pdf].

USCG – Atlantic Coast port access study

clip_image007 The US Coast Guard issued a notice stating that it seeks comments on a new study of routes used by ships to access ports on the Atlantic Coast of the United States. 84 Fed. Reg. 9541 (3/15/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-15/pdf/2019-04891.pdf].

USCG – PWSRCAC recertified

clip_image007[1] The US Coast Guard issued a notice stating that the Prince William Sound Regional Citizens’ Advisory Council (PWSRCAC) has been recertified through 1 March 2020. 84 Fed. Reg. 9540 (3/15/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-15/pdf/2019-04876.pdf].

USCG – navigation lights for sailing vessels

clip_image008 The US Coast Guard issued a safety alert reminding sailing vessel owners and operators that navigation lights designed for power-driven vessels are not appropriate for sailing vessels as they have smaller vertical arc of visibility (‘vertical divergence’) than required for sailing vessels. Safety Alert 02-19 (3/14/19) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CG-5PC/INV/Alerts/0219.pdf].

USN – wreck of USS Wasp discovered

clip_image010 The US Navy issued a news release discussing the recent discovery of the wreck of the USS Wasp (CV 7), which was sunk in 1942 in the Coral Sea, as well as the history of the valiant ship. (3/13/19) [https://www.navy.mil/submit/display.asp?story_id=108901].

Senate – bill introduced re ocean acidification

clip_image012 Senator Murkowski (R-AK) introduced a bill (S. 778) 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. Official text of the bill is not yet available. (3/13/19).

House – bill introduced re ocean acidification

clip_image014 Representative Pingree (D-ME) introduced a bill (H.R. 1716) 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. Official text of the bill is not yet available. (3/14/19).

UN – plastic litter monitoring guidelines

clip_image015 The UN Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) issued a report to provide recommendations, advice, and practical guidance for the establishment of programs to monitor and assess the distribution and abundance of plastic litter in the ocean. (3/13/19) [http://www.gesamp.org/publications/guidelines-for-the-monitoring-and-assessment-of-plastic-litter-in-the-ocean].

EMSA – responding to Grande America oil spill

clip_image017 The European Maritime Safety Agency (EMSA) issued a press release stating that it is assisting French authorities in responding to the oil spill emanating from the wreck of the con-ro Grande America, which caught fire and sank in the Bay of Biscay. (3/14/19) [http://www.emsa.europa.eu/emsa-homepage/2-news-a-press-centre/news/3482-grande-america.html].

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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 – March 2019

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March 14th, 2019 at 11:17 am

Bryant’s Maritime Blog – 14 March 2019

Headlines:

USCG – fireman’s outfits;

USCG – NVDC update;

OEAB – meeting on 26-27 March;

OSHA – RFI re powered industrial trucks;

House – bill introduced re marijuana use;

IMO – precautionary approach to geoengineering;

Panama Canal – maximum authorized draft;

Singapore – Western Singapore Port Limits; and

ADM John Byng, RN, executed – 14 March 1757.

March 14, 2019

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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. Once a job is fouled up, anything done to improve it will only make it worse.

USCG – fireman’s outfits

clip_image004 The US Coast Guard issued a safety alert reminding stakeholders of the importance of having proper and serviceable fireman’s outfits onboard vessels. Safety Alert 01-19 (3/13/19) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CG-5PC/INV/Alerts/0119.pdf].

USCG – NVDC update

clip_image006 The US Coast Guard issued a bulletin providing an update regarding the paperwork processing delays being experienced at the National Vessel Documentation Center (NVDC), as well as steps that stakeholders may take to determine the status of submitted requests and the quickest and most efficient way to have certain Certificates of Documentation (CODs) matters processed. (3/13/19) [http://mariners.coastguard.dodlive.mil/2019/03/13/3-13-2019-update-from-national-vessel-documentation-center/].

OEAB – meeting on 26-27 March

clip_image008 The Ocean Exploration Advisory Board (OEAB), sponsored by the National Oceanic and Atmospheric Administration (NOAA), will meet in Oakland on 26-27 March to define and develop a national program of ocean exploration. 84 Fed. Reg. 9308 (3/14/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-14/pdf/2019-04783.pdf].

OSHA – RFI re powered industrial trucks

clip_image009 The Occupational Safety and Health Administration (OSHA) issued a request for information (RFI) seeking comments on issues related to requirements in the standards on powered industrial trucks for general, maritime, and construction industries. Comments should be submitted by 10 June. 84 Fed. Reg. 8633 (3/1/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-11/pdf/2019-04338.pdf]. Note: This item was brought to my attention by my good friend Ron Signorino of the BlueOceana Company.

House – bill introduced re marijuana use

clip_image011 Representative Crist (D-FL) introduced a bill (H.R. 1687) to amend title 5, United States Code, to remove limitations on Federal employment for an individual legally using marijuana under the law of the State in which the individual resides, and for other purposes. Official text of the bill is not yet available. (3/12/19).

IMO – precautionary approach toward geoengineering

clip_image013 The IMO issued a news release urging a precautionary approach toward geoengineering methodologies that involve deliberate large-scale manipulation of the environment in attempts to moderate climate change. (3/13/19) [http://www.imo.org/en/MediaCentre/PressBriefings/Pages/04-marinegeoengineeringGESAMP.aspx].

Panama Canal – maximum authorized draft

clip_image015 The Panama Canal Authority (ACP) issued an advisory stating that, effective 10 April, the maximum authorized draft for the neopanamax locks will be 13,72 meters (46.0 feet) Tropical Fresh Water (TFW). Advisory 08-2019 (3/12/19) [https://www.pancanal.com/common/maritime/advisories/2019/a-08-2019.pdf].

Singapore – Western Singapore Port Limits

clip_image017 The Singapore Maritime and Port Authority (MPA) issued a circular reminding stakeholders of the required reporting procedures for ships the Western Singapore Port Limits. Port Marine Circular 03-2019 (3/13/19) [https://www.mpa.gov.sg/web/portal/home/port-of-singapore/circulars-and-notices/detail/f6b36390-f2d7-4cad-a697-973af0fa2080].

ADM John Byng, RN, executed – 14 March 1757

clip_image018 On 14 March 1757, Admiral John Byng, Royal Navy, was executed by firing squad while he was kneeling on the forecastle of HMS Monarch in the Solent. Admiral Byng had been court-martialed for personal cowardice, disaffection, and for not having done his utmost to prevent Minorca from falling to the French following the Battle of Minorca on 20 May 1756. He was convicted only of “failing to do his utmost”. The British and French fleets were numerically equal (ten ships each), but the British had scrapped their group together hastily and its ships were in disrepair. The British fleet suffered significant, but not fatal, battle damage. When the French fleet departed at the end of the engagement, Admiral Byng did not order his fleet to follow. Rather, he had the fleet sail to Gibraltar for repairs. It was this departure to Gibraltar that the court-martial interpreted as a failure by the Admiral to do his utmost against the French. The court-martial was highly controversial, with many contending that the Navy panel had found the Admiral guilty to hide their own failure to properly prepare the fleet for the mission. Regardless, the event is said to have instilled a tradition of aggressiveness in Royal Navy officers.

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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 – March 2019

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March 13th, 2019 at 11:55 am

Bryant’s Maritime Blog – 13 March 2019

Headlines:

USCG – guidance on COD delays;

DOS – meeting on 1 April re FAL 43;

SLSDC – Seaway Regulations & Rules;

SLSDC – Seaway Tariff of Tolls;

USN – new class of towing, salvage, and rescue ships;

EPA & CBP – illegal imports found;

House – bill introduced re rec vessel operator training;

Court – marine insurance claim denied;

Court – dismissal under ‘rule of necessity’;

Somalia – Piracy HRA reduced; and

MREN – HazSub spill response plans.

March 13, 2019

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. Once a job is fouled up, anything done to improve it will only make it worse.

USCG – guidance on COD delays

clip_image004 The US Coast Guard issued a Marine Safety Information Bulletin (MSIB) providing guidance regarding Certificates of Documentation (CODs) for US vessels. The USCG National Vessel Documentation Center (NVDC)is experiencing delays in processing CODs. Thus, various temporary work-arounds are provided. MSIB 03-19 (3/11/19) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/MSIB/2019/MSIB_003_19.pdf].

DOS – meeting on 1 April re FAL 43

clip_image006 The Department of State (DOS) issued a notice stating that an open meeting will be held on 1 April in Arlington, VA to prepare for the upcoming session of the IMO Facilitation Committee (FAL 43). Topics on the agenda include application of the single-window concept. 84 Fed. Reg. 9198 (3/13/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-13/pdf/2019-04592.pdf].

SLSDC – Seaway Regulations and Rules

clip_image008 The Saint Lawrence Seaway Development Corporation (SLSDC) promulgated a final rule updating the Seaway Regulations and Rules. The amendments enter into effect on 30 March. 84 Fed. Reg. 8983 (3/13/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-13/pdf/2019-04521.pdf].

SLSDC – Seaway Tariff of Tolls

clip_image008[1] The Saint Lawrence Seaway Development Corporation (SLSDC) promulgated a final rule updating the Seaway Tariff of Tolls. The amendments enter into effect on 30 March. 84 Fed. Reg. 8984 (3/13/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-13/pdf/2019-04525.pdf].

USN – new class of towing, salvage, and rescue ships

clip_image010 The US Navy issued a news release stating that the new class of towing, salvage, and rescue ship will be named Navajo in honor of the major contributions the Navajo people have made to the US armed forces. The new class will be based on existing commercial offshore towing vessel designs. (3/12/19) [https://www.navy.mil/submit/display.asp?story_id=108871].

EPA & CBP – illegal imports found

clip_image012 clip_image014 The Environmental Protection Agency (EPA) issued a news release stating that it and the US Customs and Border Protection (CBP) conducted a joint operation in southern California ports inspecting imported engines and vehicles. Many of these items lacked required emission controls. Fines have been assessed against importers. (3/12/19) [https://www.epa.gov/newsreleases/us-epa-and-customs-continue-joint-operations-southern-california-ports].

House – bill introduced re rec vessel operator training

clip_image016 Representative King (R-NY) introduced a bill (H.R. 1669) to direct the Secretary of the department in which the Coast Guard is operating to study and report to the Congress regarding recreational vessel operator training. Official text of the bill is not yet available. (3/11/19).

Court – marine insurance claim denied

clip_image018 In an unpublished decision, the US Court of Appeals for the Eleventh Circuit affirmed the grant of summary judgment in favor of defendant marine insurers and defendant shipyard in breach of contract and negligence claims brought by a yacht owner whose yacht partially sank at the shipyard. The court found that the plaintiff failed to present probative evidence to support its claim. Kol B’Seder v Certain Underwriters, No. 18-10447 (11th Cir., March 12, 2019) [http://media.ca11.uscourts.gov/opinions/unpub/files/201810447.pdf].

Court – dismissal under ‘rule of necessity’

clip_image020 In an unpublished per curium decision, the US Court of Appeals for the Fourth Circuit affirmed the dismissal of a lawsuit brought against the appellate court and the federal district court. The basis for their hearing a claim against themselves was cited as the ‘rule of necessity’. Clarke v Fourth Circuit Court Judges, No. 18-7035 (4th Cir., March 2019) [http://www.ca4.uscourts.gov/opinions/187035.U.pdf]. Note: While this apparently is not a maritime case, it does advance, in an unclear direction, our appreciation of litigation.

Somalia – Piracy HRA reduced

clip_image022 The Indian Directorate General of Shipping (DGS) issued a circular providing the coordinates of the reduced Piracy High Risk Area (HRA) off Somalia. Piracy Circular 02-2019 (3/11/19) [http://dgshipping.gov.in/writereaddata/News/201903110518191636001dgs_cir_2of2019_piracy.pdf].

MREN – HazSub spill response plans

clip_image024 In the March 2019 edition of Maritime Reporter and Engineering News, you can find my article entitled "HazSub spill response plans". The article discusses the recent decision of the US Coast Guard to withdrawal its proposed rulemakings for hazardous substance spill response plans for tank vessels and marine transportation-related facilities. In my opinion, the USCG proposals evidence a failure of imagination. I recommend that the Coast Guard meet with the marine transportation chemical sector and determine which current industry measures can be considered as providing an equivalent level of safety to measures mandated in OPA 90. The gaps identified can then be filled in a rulemaking. (3/12/19) [http://www.brymar-consulting.com/wp-content/uploads/MREN/MREN190300.pdf].

Join my mailing list

clip_image026 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 – March 2019

comments Comments (0)    -
March 12th, 2019 at 11:52 am

Bryant’s Maritime Blog – 12 March 2019

Headlines:

USCG – BWMS compliance date extensions;

Key West – maritime security exercise on 14 March;

USCG – icebreaker Polar Star returns from Antarctic;

CBP – 3,200 lbs. of cocaine seized;

CPB – 21st Century Customs Framework;

DOE – SPR standard sales provisions; and

Court – mesothelioma remand.

March 12, 2019

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. Once a job is fouled up, anything done to improve it will only make it worse.

USCG – BWMS compliance date extensions

clip_image004 The US Coast Guard issued a bulletin stating that it has reconsidered its previous interpretation of ‘next scheduled drydocking’ with respect to ballast water management system (BWMS) compliance dates. Due to drydock slippage, the Coast Guard has determined that existing extensions with a compliance date stipulated as the ‘first scheduled drydock after (date)’ will not be affected by circumstances such as drydocking for emergency purposes or to install an exhaust gas cleaning system (scrubber) that did not involve a statutory out-of-the-water survey. (3/11/19) [http://mariners.coastguard.dodlive.mil/2019/03/11/3-11-2019-ballast-water-compliance-date-extensions-next-scheduled-drydock/].

Key West – maritime security exercise on 14 March

clip_image004[1] The US Coast Guard issued a news release stating that the Florida Keys Area Maritime Security Committee will host a full-scale maritime security exercise at the Key West Ferry Terminal on 14 March. (3/11/19) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/235c80f].

USCG – icebreaker Polar Star returns from Antarctic

clip_image004[2] The US Coast Guard issued a news release stating that, despite suffering several onboard casualties, the icebreaker USCGC Polar Star returned to its homeport of Seattle after making possible the annual resupply of US bases in Antarctica. (3/11/19) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/234582d].

CBP – 3,200 lbs. of cocaine seized

clip_image006 The US Customs and Border Protection (CBP) issued a news release stating that approximately 3,200 pounds of cocaine were seized from a shipping container at the port of New York/Newark in a multi-agency operation. (3/11/19) [https://www.cbp.gov/newsroom/local-media-release/cbp-hsi-dea-uscg-nysp-nypd-approximately-3200-pounds-cocaine-seized].

CBP – 21st Century Customs Framework

clip_image006[1] The US Customs and Border Protection (CBP) is reopening, through 11 April, the period within which to submit comments on the draft 21st Century Customs Framework. 84 Fed. Reg. 8884 (3/12/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-12/pdf/2019-04433.pdf].

DOE – SPR standard sales provisions

clip_image008 The Department of Energy (DOE) is amending its regulations to require publication of its Standard Sales Provisions for the price competitive sale of petroleum from the Strategic Petroleum Reserve (SPR) solely on the DOE SPR website. The final rule enters into effect on 11 April. 84 Fed. Reg. 8791 (3/12/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-12/pdf/2019-04463.pdf].

Court – mesothelioma remand

clip_image010 A divided panel of the US Court of Appeals for the Fifth Circuit reluctantly affirmed the remand to state court of a claim of exposure to asbestos against a shipyard that asserted that work performed on the US Navy ship was done at the direction and under the supervision of Navy. The majority of the panel considered itself bound by Circuit precedent. Latiolais v Huntington Ingalls, No. 18-30652 (5th Cir., March 11, 2019) [http://www.ca5.uscourts.gov/opinions/pub/18/18-30652-CV0.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 – March 2019

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March 11th, 2019 at 11:27 am

Bryant’s Maritime Blog – 11 March 2019

Headlines:

USCG – US build determination;

Lake Erie – 46 ice fishermen rescued;

USCG – Policy Letter re 2009 MODU Code;

USCG – Proceedings magazine;

FMC – Commissioner Khouri designated Chairman;

DOE – authorization to export LNG;

Senate – bill introduced to repeal Jones Act;

Senate – hearing on US maritime industry;

House – bill introduced re North Atlantic seismic activities;

IMO – empowering women in the maritime community;

EU – LNG imports from US up 181%;

UK – fire retardant treatment for large commercial yachts;

UK – International Women’s Day; and

Japanese earthquake & tsunami – 11 March 2011.

March 11, 2019

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. Once a job is fouled up, anything done to improve it will only make it worse.

USCG – US vessel build determination

clip_image004 The USCG National Vessel Documentation Center (NVDC) issued a Determination Letter stating that two container vessels being built by Keppel AMFELS, LLC for The Pasha Group qualify as being built in the United States and are eligible for operation in the US coastwise trade. (3/6/19) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/NVDC/Keppel%20AMFELS%20LLC%20%2003-06-2019.pdf?ver=2019-03-07-094852-370].

Lake Erie – 46 ice fishermen rescued

clip_image004[1] The US Coast Guard issued a news release stating that 46 ice fishermen have been rescued from an ice floe that broke loose in western Lake Erie. Another 100 fishermen were able to rescue themselves. (3/9/19) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/2356c1c].

USCG – Policy Letter re 2009 MODU Code

clip_image004[2] The US Coast Guard issued an updated policy letter establishing that the Coast Guard considers the design and equipment standards of the IMO Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009 (2009 MODU Code) and its amendments to be at least as effective as the design and equipment standards of 1979 and 1989 MODU Codes. CG-ENG Policy Letter 02-12 CH-1 (3/4/19) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/Design%20and%20Engineering%20Standards/docs/CG-ENG%20PolicyLetter%2002-12%20CH-1.pdf?ver=2019-03-07-135127-247]. Note: This reissue corrects the date of signing.

USCG – Proceedings magazine

clip_image005 The US Coast Guard posted the Winter 2018 issue of the Proceedings of the Marine Safety & Security Council. The focus of this edition is Subchapter M. (3/8/19) [https://www.dco.uscg.mil/Featured-Content/Proceedings-Magazine/].

FMC – Commissioner Khouri designated Chairman

clip_image007 The Federal Maritime Commission (FMC) issued a news release stating that President Trump has designated Commissioner Michael A. Khouri as Chairman of the Commission. (3/8/19) [https://www.fmc.gov/trump_designates_khouri_as_chairman/].

DOE – authorization to export LNG

clip_image009 The Department of Energy (DOE) issued a notice of the opinion and order granting Venture Global Calcasieu Pass LLC authorization to export LNG. 84 Fed. Reg. 8700 (3/11/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-11/pdf/2019-04299.pdf].

Senate – bill introduced to repeal Jones Act

clip_image011 Senator Lee (R-UT) introduced a bill (S. 694) to repeal the Jones Act restrictions on coastwise trade, and for other purposes. Official text of the bill is not yet available, but Senator Lee issued a press release explaining the measure. (3/7/19) [https://www.lee.senate.gov/public/index.cfm/press-releases?ID=A7A7FC67-4600-4765-95E5-5DEF3DC571FF].

Senate – hearing on American maritime industry

clip_image011[1] The Senate Committee on Commerce, Science & Transportation conducted a hearing entitled “The State of the American Maritime Industry”. Testimony was received from: Mr. Thomas Allegretti, American Waterways Operators; Ms. Berit Eriksson, Sailors’ Union of the Pacific; Mr. Austin Golding, Golding Barge Line; Mr. Matthew Paxton, Shipbuilders Council of America; and Mr. Matthew Woodruff, American Maritime Partnership. (3/6/19) [https://www.commerce.senate.gov/public/index.cfm/hearings?ID=51F39152-C8C2-43D2-B3F1-E15DCDE880AD]. Note: The earlier version of the item misstated the name of the representative for the Sailors Union of the Pacific. Mea culpa!

House – bill introduced re North Atlantic seismic activities

clip_image013 Representative Beyer (D-VA) introduced a bill (H.R. 1606) to amend the Outer Continental Shelf Lands Act to prohibit oil-, gas-, and methane hydrate-related seismic activities in the North Atlantic, Mid-Atlantic, South Atlantic, and Straits of Florida planning areas of the outer Continental Shelf, and for other purposes. Official text of the bill is not yet available. (3/7/19).

IMO – empowering women in the maritime community

clip_image015 The IMO issued a news release concerning empowering women in the maritime community, the theme for this year’s World Maritime Events. (3/8/19) [http://www.imo.org/en/MediaCentre/WhatsNew/Pages/default.aspx].

EU – LNG imports from US up 181%

clip_image017 The European Union (EU) issued a press release stating that imports of LNG from the US have risen 181% in the past year. (3/8/19) [http://europa.eu/rapid/press-release_IP-19-1531_en.htm].

UK – fire retardant treatment for large commercial yachts

clip_image019 The UK Maritime and Coastguard Agency (MCA) issued a Marine Guidance Notice (MGN) providing guidance regarding fire retardant treatment for large commercial yachts. MGN 453 (M) (3/8/19) [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/441035/MGN_453.pdf].

UK – International Women’s Day

clip_image019[1] The UK Department for Transport (DfT) issued a news release stating that, in support of international Women’s Day, it is providing funding for a national roadshow to encourage young women to enter into maritime careers. (3/8/19) [https://www.gov.uk/government/news/new-funding-to-support-young-women-into-maritime-careers].

Japanese earthquake & tsunami – 11 March 2011

clip_image021 On 11 March 2011, at 1446 JST, a magnitude 9.0 earthquake occurred beneath the seafloor in the Pacific Ocean 70 kilometers east of the Oshika Peninsula of Tohoku Prefecture on the main Japanese island of Honshu. It was the most powerful earthquake to hit Japan in modern times, moving the island 2.4 meters east and shifting the entire planet on its axis by about 15 centimeters. The earthquake triggered a tsunami that reached heights of up to 40 meters when it struck shore. The event resulted in over 15,000 deaths, numerous injuries, and massive property damage. Most dramatic, it set off a chain of events that resulted in a significant radiation leak at a nuclear power plant. Much debris floated out to sea and has been gradually coming ashore at points throughout the North Pacific region.

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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 – March 2019

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March 8th, 2019 at 9:37 am

Bryant’s Maritime Blog – 8 March 2019

Headlines:

USCG – working under revoked MMC;

MARAD – Small Shipyard Grant Program;

MARAD – proposed DWP in Gulf of Mexico;

NOAA – restoration planning re crude oil spill;

CRTF – meeting on 4 April;

NOAA – HSRP members sought; and

House – bill introduced re North Atlantic right whale.

March 8, 2019

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. Once a job is fouled up, anything done to improve it will only make it worse.

USCG – working under revoked MMC

clip_image004 The US Coast Guard issued a bulletin stating that a mariner was found to be working under a revoked merchant mariner credential (MMC). He was convicted of the offense and sentenced to 24 months incarceration. Investigation revealed certain database management and technical issues with the Coast Guard’s online MMC verification tool, which have since been resolved. (3/7/19) [http://mariners.coastguard.dodlive.mil/2019/03/07/3-7-2019-investigation-leads-to-mariner-conviction-and-prompts-coast-guard-data-quality-improvements/].

MARAD – Small Shipyard Grant Program

clip_image006 The Maritime Administration (MARAD) issued a notice stating that, under the Small Shipyard Grant Program, $19.6 million is available for grants for capital and related improvements to qualified shipyard facilities. Applications must be received by 16 April. 84 Fed. Reg. 8000 (3/8/19) [].

MARAD – proposed DWP in Gulf of Mexico

clip_image006[1] The issued a notice stating that a public scoping meeting will be held on 22 March in Lake Jackson, Texas to receive comments on the proposed deepwater port (DWP) in the Gulf of Mexico to be constructed and operated by Texas COLT LLC. Written comments must be received by 8 April. 84 Fed. Reg. 8000 (3/8/19) [].

NOAA – restoration planning re crude oil spill

clip_image008 The National Oceanic and Atmospheric Administration (NOAA) issued a notice that it intends to conduct restoration planning regarding that discharge of crude oil on 19 May 2015 from the Plains All American Pipeline 901 into the Pacific Ocean near Santa Barbara. 84 Fed. Reg. 8000 (3/8/19) [].

CRTF – meeting on 4 April

clip_image008[1] The Coral Reef Task Force (CRTF), sponsored by the National Oceanic and Atmospheric Administration (NOAA), will meet on 4 April in Washington, DC. Public comments must be received by 22 March. 84 Fed. Reg. 8000 (3/8/19) [].

NOAA – HSRP members sought

clip_image008[2] The National Oceanic and Atmospheric Administration (NOAA) seeks nominations for membership on the Hydrographic Services Review Panel (HSRP). Nominations should be submitted by 1 May. 84 Fed. Reg. 8000 (3/8/19) [].

House – bill introduced re North Atlantic right whale

clip_image010 Representative Moulton (D-MA) introduced a bill (H.R. 1568) to assist in the conservation of the North Atlantic right whale by supporting and providing financial resources for North Atlantic right whale conservation programs and projects of persons with expertise required for the conservation of North Atlantic right whales, and for other purposes. Official text of the bill is not yet available. (3/6/19).

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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 – March 2019

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March 7th, 2019 at 12:21 pm

Bryant’s Maritime Blog – 7 March 2019

Headlines:

USCG – Policy Letter re 2009 MODU Code;

MARAD – proposed DWP in Gulf of Mexico;

Senate – hearing on American maritime industry;

House – hearing re maritime & shipbuilding industries; and

Court – Certificate of Need for NDZ.

March 7, 2019

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. Once a job is fouled up, anything done to improve it will only make it worse.

USCG – Policy Letter re 2009 MODU Code

clip_image004 The US Coast Guard issued an updated policy letter establishing that the Coast Guard considers the design and equipment standards of the IMO Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009 (2009 MODU Code) and its amendments to be at least as effective as the design and equipment standards of 1979 and 1989 MODU Codes. CG-ENG Policy Letter 02-12 CH-1 (3/4/19) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/Design%20and%20Engineering%20Standards/Life%20Saving%20and%20Fire%20Safety/Docs/CG-ENG%2002-12%20CH1%20Acceptance%20of%20the%202009%20MODU%20Code.pdf?ver=2019-03-06-112537-953].

MARAD – proposed DWP in Gulf of Mexico

clip_image006 The Maritime Administration (MARAD) issued a notice stating that a public scoping meeting will be held on 20 March in Lake Jackson, Texas to receive comments on the proposed deepwater port (DWP) in the Gulf of Mexico to be constructed and operated by SPOT Terminal Services LLC. Written comments must be received by 5 April. 84 Fed. Reg. 8401 (3/7/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-07/pdf/2019-04101.pdf].

Senate – hearing on American maritime industry

clip_image008 The Senate Committee on Commerce, Science & Transportation conducted a hearing entitled “The State of the American Maritime Industry”. Testimony was received from: Mr. Thomas Allegretti, American Waterways Operators; Mr. Bert Eriksson, Sailors’ Union of the Pacific; Mr. Austin Golding, Golding Barge Line; Mr. Matthew Paxton, Shipbuilders Council of America; and Mr. Matthew Woodruff, American Maritime Partnership. (3/6/19) [https://www.commerce.senate.gov/public/index.cfm/hearings?ID=51F39152-C8C2-43D2-B3F1-E15DCDE880AD].

House – hearing re maritime & shipbuilding industries

clip_image010 The Subcommittee on Coast Guard and Maritime Transportation of the House Committee on Transportation and Infrastructure conducted a hearing entitled: “US Maritime and Shipbuilding Industries: Strategies to Improve Regulation, Economic Opportunities, and Competitiveness”. Testimony was heard from RADM John Nadeau, US Coast Guard; RADM Mark Buzby, Maritime Administration; RADM Michael Alfultis, SUNY; Ms. Jennifer Carpenter, AWO; Mr. John Crowley, National Association of Waterfront Employers; Mr. Michael Roberts, American Maritime Partnership; and Mr. Augustin Tellez, SIU. (3/6/19) [https://transportation.house.gov/committee-activity/hearings/us-maritime-and-shipbuilding-industries-strategies-to-improve-regulation-economic-opportunities-and-competitiveness].

Court – Certificate of Need for NDZ

clip_image012 The Court of Appeals of the State of Washington ruled that the Pollution Control Hearings Board does not have jurisdiction to hear an appeal of the Certificate of Need prepared by the Department of Ecology as part of its application to the federal Environmental Protection Agency (EPA) for permission to engage in rulemaking to prohibit marine vessel sewage discharges into Puget Sound by designating Puget Sound as a No Discharge Zone (NDZ). The Certificate of Need asserts that Puget Sound requires greater environmental protection than the federal standard provides. American Waterways Operators v Department of Ecology, No. 51547-4-II (Wash. App., March 5, 2019) [http://www.courts.wa.gov/opinions/pdf/D2%2051547-4-II%20Published%20Opinion.pdf]. Note: This item was brought to my attention by my good friend Keith Heard of Lennon Murphy & Phillips.

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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 – March 2019

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March 6th, 2019 at 12:11 pm

Bryant’s Maritime Blog – 6 March 2019

Headlines:

USCG – national officer/rating endorsements;

Mississippi River – high water;

Tacoma – RNA amendment proposed;

USCG – parasailing;

DOE – Calcasieu Pass LNG export authorization;

NSIDC – February Arctic sea ice report;

NAP – transportation asset management;

House – hearing re maritime & shipbuilding industries;

House – bill introduced re CA coastal study;

EMSA – ballast water sampling guidance;

New Zealand – bulker detained for nonpayment of crew; and

Herald of Free Enterprise – 6 March 1987.

March 6, 2019

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. Once a job is fouled up, anything done to improve it will only make it worse.

USCG – national officer/rating endorsements

clip_image004 The USCG National Maritime Center (NMC) issued a bulletin reminding mariners who qualified, prior to 24 March 2014, for national officer and rating endorsements under the STCW Convention that they must apply for continued grandfathering before 24 March 2019. (3/5/19) [https://www.dco.uscg.mil/Portals/9/NMC/pdfs/announcements/2019/processing_endorsement_apps_exp_mar_24.pdf?ver=2019-03-05-154100-517].

Mississippi River – high water

clip_image004[1] The US Coast Guard promulgated a temporary rule establishing an emergency safety zone on waters of the Lower Mississippi River between mile markers 405 and 408 due to high water. The safety zone will remain in effect until 15 April or until the high-water event ceases. 84 Fed. Reg. 7995 (3/6/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-06/pdf/2019-04014.pdf].

Tacoma – RNA amendment proposed

clip_image004[2] The US Coast Guard proposes to amend the Thea Foss and Wheeler-Osgood regulated navigation area (RNA) for Commencement Bay in Tacoma to include a portion of the Middle Waterway to enhance protection of sediment cap areas in the Superfund cleanup site. Comments must be received by 5 April. 84 Fed. Reg. 8051 (3/6/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-06/pdf/2019-04070.pdf].

USCG – parasailing

clip_image004[3] The US Coast Guard issued a Marine Safety Information Bulletin regarding parasailing and the navigation rules and flight safety standards applicable thereto. MSIB 02-19 (3/5/19) [https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/MSIB/2019/MSIB_002_19.pdf?ver=2019-03-05-125124-543].

DOE – Calcasieu Pass LNG export authorization

clip_image006 The Department of Energy (DOE) issued a news release announcing that a long-term order has been issued authorizing the export of domestically produced LNG to Venture Global Calcasieu Pass LLC. (3/5/19) [https://www.energy.gov/articles/department-energy-authorizes-lng-exports-venture-global-calcasieu-pass-project].

NSIDC – February Arctic sea ice report

clip_image008 The National Snow and Ice Data Center (NSIDC) issued a news release stating that Arctic sea ice extent for February 2019 was the seventh lowest in the satellite record for the month, tying with 2015. So far this winter, sea ice extent has remained above the 2017 record low maximum. Extent in the northern Barents Sea, which has been quite low in recent years from “Atlantification,” is closer to average this February. Extent is very low in the Bering Sea at the end of February after unusual ice loss throughout the month. In Antarctica, the sea ice minimum may have been reached on both February 28 and March 1. (3/4/19) [https://nsidc.org/arcticseaicenews/2019/03/ho-hum-february-it-may-be-unless-we-speak-of-the-bering-sea/].

NAP – transportation asset management

clip_image010 The National Academies Press issued two publications of interest: (1) A Guide to Developing Financial Plans and Performance Measures for Transportation Asset Management and (2) Benchmarking and Comparative Measurement for Effective Performance Management by Transportation Agencies. Both publications are available for purchase or for free download. (3/4/19).

House – hearing re maritime & shipbuilding industries

clip_image012 The House Committee on Transportation and Infrastructure issued a notice stating that, on March 6, the Subcommittee on Coast Guard and Maritime Transportation will conduct a hearing entitled: “US Maritime and Shipbuilding Industries: Strategies to Improve Regulation, Economic Opportunities, and Competitiveness”. Testimony will be heard from RADM John Nadeau, US Coast Guard; RADM Mark Buzby, Maritime Administration; RADM Michael Alfultis, SUNY; Ms. Jennifer Carpenter, AWO; Mr. John Crowley, National Association of Waterfront Employers; Mr. Michael Roberts, American Maritime Partnership; and Mr. Augustin Tellez, SIU. (3/5/19) [https://transportation.house.gov/committee-activity/hearings/us-maritime-and-shipbuilding-industries-strategies-to-improve-regulation-economic-opportunities-and-competitiveness].

House – bill introduced re CA coastal study

clip_image012[1] Representative Lieu (D-CA) introduced a bill (H.R. 1487) to direct the Secretary of the Interior to conduct a special resource study of portions of the Los Angeles coastal area in the State of California to evaluate alternatives for protecting the resources of the coastal area, and for other purposes. Official text of the bill is not yet available. (3/4/19).

EMSA – ballast water sampling guidance

clip_image014 The European Maritime Safety Agency (EMSA) issued a document providing best practice guidance and a harmonized approach to sampling for compliance in accordance with Article 9 of the IMO Ballast Water Convention 2004. This document has been prepared based on IMO Guidelines for Ballast Water Sampling (G2) and related IMO documents and on current knowledge and experience obtained from the 2010 EMSA Study. (3/4/19) [http://www.emsa.europa.eu/emsa-homepage/2-news-a-press-centre/news/3472-ballast-water-management-guidance-for-best-practices-on-sampling.html].

New Zealand – bulker detained for nonpayment of crew

clip_image016 Maritime New Zealand issued a media release stating that the bulk carrier Daiwan Justice has been detained for failure to pay crew wages in a timely manner. The detention was lifted after the crew received their pay. Further compliance actions against the owner are being considered. (3/5/19) [https://www.maritimenz.govt.nz/public/news/media-releases-2019/20190305a.asp].

Herald of Free Enterprise – 6 March 1987

clip_image018 The HERALD OF FREE ENTERPRISE was a double-ended ro-ro car and passenger ferry operating between Bruges-Zeebrougge, Belgium and Dover, England. On 6 March 1987, it departed Bruges-Zeebrougge with a crew of 80, carrying 459 passengers, 81 cars, 3 buses, and 47 trucks. Due to a series of mistakes, the bow doors were not closed prior to leaving port. Upon leaving the harbor and while the ferry was proceeding at over 18 knots, water entered the vehicle deck in large quantities. The free-surface effect of the water impaired stability and led to the capsizing, which occurred in less than one minute. The sinking resulted in 193 deaths. Following the accident and investigation, various changes were made to IMO regulations regarding design and operation of ro-ro passenger vessels. The incident was also the impetus for establishment of the UK Marine Accident Investigation Branch (MAIB).

Join my mailing list

clip_image020 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:

clip_image021

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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 – March 2019

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March 5th, 2019 at 11:30 am

Bryant’s Maritime Blog – 5 March 2019

Headlines:

White House – military to mariner transition;

USCG – IMO SDC 6 summary;

USCG – Title 33, CFR amendments;

MARAD – DWP license application;

Court – LHWCA attorneys’ fees; and

Court – LHWCA attorneys’ fees and costs.

March 5, 2019

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

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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. Once a job is fouled up, anything done to improve it will only make it worse.

White House – military to mariner transition

clip_image004 President Trump issued an Executive Order stating that it is the policy of the United States to support practices and programs that ensure that members of the US Armed Forces receive appropriate credit for the military training and experience towards credentialing requirements as merchant mariners.  It is further the policy of the United States to establish and maintain an effective merchant marine program by providing sufficient support and resources to active-duty and separating service members who pursue or possess Merchant Mariner Credentials (MMCs). Government-issued licensing fees for sea service veterans transiting to the merchant marine will be waived to the extent allowed. Military training will be credited toward MMCs. (3/4/19) [https://www.whitehouse.gov/presidential-actions/executive-order-supporting-transition-active-duty-service-members-military-veterans-merchant-marine/].

USCG – IMO SDC 6 summary

clip_image006 The US Coast Guard issued a bulletin summarizing the latest session of the IMO Sub-Committee on Ship Design and Construction (SDC 6). Among other things, development of the draft Industrial Personnel Code continues. Amendments regarding safe mooring were approved, as were amendments regarding subdivision and damage stability. (3/4/19) [http://mariners.coastguard.dodlive.mil/2019/03/04/3-4-2019-recap-of-the-sixth-session-of-the-imo-sub-committee-on-ship-design-and-construction/].

USCG – Title 33, CFR amendments

clip_image006[1] The US Coast Guard promulgated a final rule making non-substantive and conforming amendments to existing Coast Guard regulations in Title 33, CFR, Navigation and Navigable Waters. The amendments enter into effect immediately. 84 Fed. Reg. 7810 (3/5/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-05/pdf/2019-03856.pdf].

MARAD – DWP license application

clip_image008 The Maritime Administration (MARAD) issued a notice stating that an application has been received from Texas COLT LLC for a license for an oil export deepwater port (DWP) to be built in waters of the Gulf of Mexico off Brazoria County, Texas. 84 Fed. Reg. 7968 (3/5/19) [https://www.govinfo.gov/content/pkg/FR-2019-03-05/pdf/2019-03902.pdf].

Court – LHWCA attorneys’ fees

clip_image010 The US Court of Appeals for the Ninth Circuit affirmed the denial of attorneys’ fees to the prevailing Longshore and Harbor Workers’ Compensation Act (LHWCA) claimant. The first petition for attorneys’ fees was denied as improperly filed. The second was denied as untimely. The court found that there was no excusable neglect under the four-factor test. Iopa v Saltchuk-Young Brothers, No. 17-70415 (9th Cir., March 4, 2019) [http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/04/17-70415.pdf].

Court – LHWCA attorneys’ fees and costs

clip_image012 The US Court of Appeals for the First Circuit denied the appeals of a petitioner under the Longshore and Harbor Workers’ Compensation Act (LHWCA) for recovery of attorneys’ fees and costs. The court ruled that, because petitioner had lost on the merits and received no compensation on his claim, he was not a prevailing party. Pena-Garcia v Calzadilla Construction, No. 18-1225 (1st Cir., March 1, 2019) [http://media.ca1.uscourts.gov/pdf.opinions/18-1225P-01A.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
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© Dennis L. Bryant – March 2019

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    logo11 HazSub spill response plans

    In the March 2019 edition of Maritime Reporter and Engineering News, you can find my article entitled "HazSub spill response plans". The article discusses the recent decision of the US Coast Guard to withdrawal its proposed rulemakings for hazardous substance spill response plans for tank vessels and marine transportation-related facilities. In my opinion, the USCG proposals evidence a failure of imagination. I recommend that the Coast Guard meet with the marine transportation chemical sector and determine which current industry measures can be considered as providing an equivalent level of safety to measures mandated in OPA 90. The gaps identified can then be filled in a rulemaking.