Headlines:

Beaumont – waterway suitability assessment;

USCG – TWIC reader requirements;

USCG – improved handling of arrival date/time data;

USCG – marine casualty reporting requirements;

House – bill introduced re water permits;

House – bill introduced re fill material;

Senate – bill introduced re water permits;

Senate – inquiries sent to cruise lines;

IMO – reduction of administrative burdens; and

WHO – avian influenza update.

May 8, 2013

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Don’t play with verbs, they can bite.

Beaumont – waterway suitability assessment

The US Coast Guard seeks comments on a waterway suitability assessment regarding the proposed expansion of the liquefied hazardous gas (LHG) facility of Martin Operating Partnership LP in Beaumont, Texas. Comments should be submitted by 7 June. 78 Fed. Reg. 26799 (May 8, 2013).

USCG – TWIC reader requirements

The US Coast Guard sent a letter to Representative Bennie Thompson (D-MS) in response to his concern that the public have sufficient opportunity to review and comment on the proposed Transportation Worker Identification Credential (TWIC) Reader Requirements. The letter states that the public comment period will be extended for thirty days. (5/3/13). Note: This item was brought to my attention by my good friend Denise Krepp of KDRKrepp and Associates.

USCG – improved handling of arrival date/time data

The USCG National Vessel Movement Center (NVMC) issued a notice stating that, beginning 14 May, submissions containing invalid or otherwise erroneous arrival date/time data will be rejected, necessitating correction and resubmission. (5/7/13).

USCG – marine casualty reporting requirements

The US Coast Guard issued a bulletin reminding the maritime industry of the obligation to notify the Coast Guard verbally of a marine casualty within 24 hours of the incident and to submit a written marine casualty report within five days. Penalties of up to $27,500 per day of delay may be assessed for failure to report a reportable marine casualty. (5/7/13). Note: This item was brought to my attention by my good friend Richard Wells of the Offshore Marine Service Association.

House – bill introduced re water permits

Representative Capito (R-WV) introduced the Coal Jobs Protection Act of 2013 (H.R. 1829) to amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new and renewal permits, and for other purposes. Representative Capito issued a press release explaining the bill. (5/6/13).

House – bill introduced re fill material

Representative Pallone (D-NJ) introduced a bill (H.R. 1837) to amend the Federal Water Pollution Control Act to clarify that fill material cannot be comprised of waste. (5/6/13).

Senate – bill introduced re water permits

Senator McConnell (R-KY) introduced a bill (S. 861) to amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new and renewal permits, and for other purposes. Senator McConnell issued a press release explaining the bill. (5/6/13).

Senate – inquiries sent to cruise lines

The Senate Committee on Commerce, Science & Transportation issued a news release stating that Chairman Jay Rockefeller (D-WV) sent letters to the three largest cruise lines (Carnival, Royal Caribbean, and Norwegian) about their passenger safety, security, and health practices. (5/7/13).

IMO – reduction of administrative burdens

The IMO issued a news release stating that it is seeking widespread input on the administrative burdens that result from compliance with IMO instruments. It is hoping to identify administrative requirements that may have become unnecessary, disproportionate, or obsolete. Through 31 October, comments may be submitted via a dedicated website. (5/7/13).

WHO – avian influenza update

The World Health Organization (WHO) issued a notice stating that two additional laboratory-confirmed cases of human infection with avian influenza A(H7N9) virus have been reported in China. Additionally, five patients reported earlier have died. To date, 130 cases have been reported, including 31 deaths. Authorities in the affected locations continue to implement prevention and control measures. So far, there is no evidence of sustained human-to-human transmission. WHO does not advise special screening at points of entry nor does it recommend that any travel or trade restrictions be applied. (5/7/13).

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – May 2013

Redistribution permitted with attribution

Headlines:

NOAA – OEAB members sought;

NOAA – draft five-year R&D plan;

San Francisco Bay – tour boat catches fire;

Los Angeles – NPREP oil spill response exercise;

DOT – small shipyard grants; and

EMSA – newsletter.

May 7, 2013

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Don’t play with verbs, they can bite.

NOAA – OEAB members sought

The National Oceanic and Atmospheric Administration (NOAA) has extended, through 6 June, the date by which interested persons should submit applications for membership on the Ocean Exploration Advisory Board (OEAB). The OEAB advises NOAA on matters such as: identification of priority areas that warrant exploration; development and enhancement of technologies for exploring the oceans; managing data and information; and disseminating the results. 78 Fed. Reg. 26614 (May 7, 2013).

NOAA – draft five-year R&D plan

The National Oceanic and Atmospheric Administration (NOAA) seeks comments on its draft Five-Year Research and Development Plan. Comments should be submitted by 3 June. 78 Fed. Reg. 26616 (May 7, 2013).

San Francisco Bay – tour boat catches fire

The US Coast Guard issued a news release stating that fourteen passengers were evacuated from an amphibious tour boat on San Francisco Bay after the boat caught fire. The fire was extinguished and the tour boat was towed back to its pier. The incident is under investigation. (5/6/13).

Los Angeles – NPREP oil spill response exercise

The US Coast Guard issued a news release stating that a National Preparedness Response Exercise Program (NPREP) oil spill response exercise will be held in the Los Angeles area on 14 May. A pre-exercise public outreach event will be conducted in Los Angeles on 13 May. (5/6/13).

DOT – small shipyard grants

The Department of Transportation (DOT) issued a news release stating that financial grants to small US shipyards generate big economic ripples. (5/6/13).

EMSA – newsletter

The European Maritime Safety Agency (EMSA) issued its Newsletter for May 2013. Among other topics, this edition discusses the Integrated Maritime Data Environment (IMDatE), being tested on board a Portuguese Navy vessel as part of Operation Atalanta. Combining several satellite data sources with information on vessels under surveillance and an advanced visualization interface, it provides a maritime picture specifically tailored to the user’s needs. (5/6/13).

Join our mailing list

If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – May 2013

Redistribution permitted with attribution

Headlines:

Columbia River – bridge replacement proposal;

Puerto Rico – LNG import terminal proposal;

COAC – meeting;

Methane Hydrate Advisory Committee – meeting;

DOS – CGPCS meeting re Somali piracy;

USCG – updated AMS for ballast water treatment;

DOJ – $1 million in lieu of prosecution;

DOI – agreement re $600 million in Gulf restoration projects;

Senate – bill introduced to amend tax code;

Senate – bill introduced to amend OPA 90;

Senate – bill introduced re discharge of dredged material;

Senate – bill introduced re coral reef conservation;

Court – LHWCA case remanded;

UN – funding to support anti-piracy efforts;

ReCAAP – incident alert;

Denmark – digital applications; and

Forfeiture Act – 6 May 1796.

May 6, 2013

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Don’t play with verbs, they can bite.

Columbia River – bridge replacement proposal

The US Coast Guard issued a notice stating that it received a bridge permit application to replace the existing movable I-5 bridge across the Columbia River between Portland, Oregon and Vancouver, Washington with a fixed multi-use bridge – the Columbia River Crossing. The existing bridge provides 178 feet of vertical clearance, while the proposed bridge would provide only 116 feet of vertical clearance. Public meetings on the proposal will be held in Portland (4 June) and Vancouver (5 June). Written comments should be submitted by 20 June. 78 Fed. Reg. 26380 (May 6, 2013).

Puerto Rico – LNG import terminal proposal

The Federal Energy Regulatory Commission (FERC) issued a notice stating that it received an application for authorization to construct and operate a liquefied natural gas (LNG) import terminal (including a 4.1-mile subsea interconnecting pipeline) in the vicinity of Salinas, Puerto Rico. The project would include a non-jurisdictional regasification vessel functioning as the floating storage and regasification unit for the project. Comments should be submitted by 21 May. 78 Fed. Reg. 26341 (May 6, 2013).

COAC – meeting

The Advisory Committee on Commercial Operations of Customs and Border Protection (COAC), sponsored by US Customs and Border Protection (CBP), will meet in Washington, DC on 22 May. Topics on the agenda include Trusted Trade measures, One US Government at the Border, and the Automated Commercial Environment (ACE). 78 Fed. Reg. 26382 (May 6, 2013).

Methane Hydrate Advisory Committee – meeting

The Methane Hydrate Advisory Committee, sponsored by the Department of Energy (DOE), will meet in Washington, DC on 6-7 June. Topics on the agenda include FY 2012 Arctic Production test results; the FY 2013 Methane Hydrate Program activities and plans; and the Methane Hydrate Program strategic direction. 78 Fed. Reg. 26337 (May 6, 2013).

DOS – CGPCS meeting re Somali piracy

The Department of State (DOS) issued a news release stating that the Contact Group on Piracy off the Coast of Somalia (CGPCS) met in New York on 1 May. Participants agreed that while piracy has been reduced dramatically through the concerted efforts of the international community and the Somali people themselves, this positive trend is inherently reversible because the fundamental conditions that permit piracy have not changed. The CGPCS committed to continuing its work to eliminate piracy emanating from Somalia, including by enabling the Federal Government of Somalia to lead an effective and sustainable response to piracy both ashore and at sea, and dealing effectively with such criminal activity by its citizens. (5/1/13).

USCG – updated AMS for ballast water treatment

The US Coast Guard has completed its review of an Alternate Management System (AMS) application submitted by SunRui Marine Equipment Engineering Company, Ltd and has accepted additional SunRui ballast water treatment systems into the AMS program. The Coast Guard issued an updated list of approved Alternate Management Systems for Ballast Water Treatment. (5/1/13).

DOJ – $1 million in lieu of prosecution

The Department of Justice (DOJ) issued a news release stating that the owner of a foreign bulk carrier made a $1 million community service payment as part of a settlement agreement relating to allegations that crew members on the vessel had failed to maintain an accurate oil record book (ORB) as required by law. The payment will be used for conservation efforts in the Gulf of Mexico area and is in lieu of prosecution. (5/22/13). Note: This item was brought to my attention by my good friend Fr. Sinclair Oubre of the Port Arthur International Seafarers Center-Apostleship of the Sea (AOS). Despite caring for the crewmembers of the ship for nine months while the case was being processed, the Seafarers Center-AOS did not share in the distribution of the settlement.

DOI – agreement re $600 million in Gulf restoration projects

The Department of the Interior (DOI) issued a press release stating that the Deepwater Horizon Oil Spill Natural Resource Damage Assessment Trustees and BP reached a preliminary agreement identifying over $600 million in post-oil spill restoration projects. (5/2/13).

Senate – bill introduced to amend tax code

Senator Menendez (D-NJ) introduced the Big Oil Bailout Prevention Trust Fund Act of 2013 (S. 827) to amend the Internal Revenue Code of 1986 to require oil polluters to pay the full cost of oil spills, and for other purposes. Official text of the bill is not yet available, but Senator Menendez issued a press release explaining its purpose. (4/25/13).

Senate – bill introduced to amend OPA 90

Senator Menendez (D-NJ) introduced the Big Oil Bailout Prevention Unlimited Liability Act of 2013 (S. 828) to amend the Oil Pollution Act of 1990 to require oil polluters to pay the full cost of oil spills, and for other purposes. Official text of the bill is not yet available. (4/25/13).

Senate – bill introduced re discharge of dredged material

Senator Manchin (D-WV) introduced the EPA Fair Play Act (S. 830) to amend the Federal Water Pollution Control Act to clarify and confirm the authority of the Environmental Protection Agency to deny or restrict the use of defined areas as disposal sites for the discharge of dredged or fill material. Official text of the bill is not yet available, but Senator Manchin issued a press release explaining its purpose. (4/25/13).

Senate – bill introduced re coral reef conservation

Senator Nelson (D-FL) introduced the Coral Reef Conservation Amendments Act of 2013 (S. 839) to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes. Official text of the bill is not yet available. (4/25/13).

Court – LHWCA case remanded

In an unpublished decision, the US Court of Appeals for the Fourth Circuit reversed an administrative ruling under the Longshore and Harbor Workers’ Compensation Act (LHWCA) and remanded the case for further proceedings. In the instant case, the administrative law judge (ALJ) concluded that the marine services company had failed to meet its burden of presenting suitable alternative employee to the claimant. The court held that the ALJ made findings unsupported by the record and demanded more of the employer than precedent requires. Marine Repair Services v. Fifer, No. 12-1566 (4th Cir., May 2, 2013).

UN – funding to support anti-piracy efforts

The United Nations (UN) issued a press release stating that the UN Trust Fund for the Fight against Piracy approved a package of projects in support of anti-piracy efforts in Somalia and other affected States in the region, including Djibouti, Ethiopia, Kenya, Maldives, and the Seychelles. The five projects, worth $2 million, aim to ensure that ongoing piracy trials are conducted in a fair and efficient manner, among other things. (5/1/13).

ReCAAP – incident alert

The ReCAAP Information Sharing Centre issued an Incident Alert stating that four incidents were reported during the week 22-29 April in the South China Sea, off Malaysia, and in the Straits of Malacca and Singapore. Two of the incidents occurred onboard barges and the other two onboard tankers. No crewmembers were injured in any of the incidents. (5/3/13).

Denmark – digital applications

The Danish Maritime Authority (DMA) issued a news release stating that, from 13 May, seafarers and shipowners may apply digitally for relevant certificates. (5/3/13).

Forfeiture Act – 6 May 1796

Congress adopted the Forfeiture Act, 1 Stat. L. 461. Among other things, this law provided that one-half of all penalties, fines, and forfeitures incurred and paid under the impost (customs) laws of the United States and recovered in consequence of information given by any officer of a revenue cutter shall be paid to the officers of such cutter, to be divided among them in proportion to their pay. (5/6/1796). Ah! Those were the days!

Join our mailing list

If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – May 2013

Redistribution permitted with attribution

Headlines:

USCG – information sharing survey;

Nederland, TX – waterway suitability assessment;

NOAA – NMS special use permit requirements;

USCG & USGS – seismometers deployed in Alaska waters;

House – bill introduced re water resource investments;

House – bill introduced to improve oil spill response;

Canada – Arctic Voyage Planning Guide;

Hong Kong – follow-up on investigation report; and

India – cargo handled at major ports.

May 3, 2013

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Don’t play with verbs, they can bite.

USCG – information sharing survey

The US Coast Guard issued a notice stating that it is conducting a survey to gauge the progress and effectiveness of its information sharing and safeguarding initiatives. The survey is intended to afford port stakeholders and any government or non-government organization who regularly provide information to or depend on the Coast Guard for information vital to their business or operation. (5/1/13). Note: I took the survey, which I found to be brief, but somewhat clunky. The general comments I included in my response follow: “The Coast Guard regularly posts information in locations (such as Homeport) that are difficult to access. It sometimes posts important information in obscure locations so that the information is overlooked by the casual reader. Finally, the Coast Guard makes minimal effort to provide its finalized marine casualty reports widely available. If personal identifying information were routinely placed in an appendix to the marine casualty report, the final version of the report (without the appendix) could then be posted. Homeport does an excellent job of safeguarding sensitive information, but it is overused.”

Nederland, TX – waterway suitability assessment

The US Coast Guard seeks comments on a Letter of Intent submitted by Sunoco Partners Marketing and Terminals regarding the company’s proposed expansion of its Liquefied Hazardous Gas (LHG) facility in Nederland, Texas. Comments on the proposal must be received by 3 June. 78 Fed. Reg. 26056 (May 3, 2013).

NOAA – NMS special use permit requirements

The National Oceanic and Atmospheric Administration (NOAA) issued its final revised list of categories of activities subject to the special use permit requirements of the National Marine Sanctuaries (NMS) Act. The list includes placement and recovery of objects associated with public or private events on substrate of submerged lands in any NMS; continued presence of commercial submarine cables in any NMS; disposal of cremated human remains into any NMS; and fireworks displays. 78 Fed. Reg. 25957 (May 3, 2013).

USCG & USGS – seismometers deployed in Alaska waters

The US Coast Guard issued a news release stating that, working with scientists from the US Geological Survey (USGS), it deployed 12 ocean-bottom seismometers along a 28-mile section of the Queen Charlotte-Fairweather Fault in waters northwest of Craig, Alaska. The fault is similar to the better-known San Andreas Fault, but is located entirely offshore. (5/1/13).

House – bill introduced re water resource investments

Representative Richmond (D-LA) introduced the Recognizing the National Benefits of Flood Protection Act of 2013 (H.R. 1769) to improve energy infrastructure resilience through federal water resource investments, and for other purposes. Representative Richmond issued a press release explaining the bill. (4/26/13).

House – bill introduced to improve oil spill response

Representative Young (R-FL) introduced the Secure All Facilities to Effectively Guard the United States Against and Respond to Dangerous Spills Act of 2013 [SAFEGUARDS Act of 2013] (H.R. 1820) to amend the Outer Continental Shelf Lands Act and the Federal Water Pollution Control Act to modernize and enhance the Federal Government’s response to oil spills, to improve oversight and regulation of offshore drilling, and for other purposes. (4/26/13).

Canada – Arctic Voyage Planning Guide

Fisheries and Ocean Canada posted the Arctic Voyage Planning Guide (AVPG). It is a compilation of data and services relevant to mariners navigating in the Arctic region of Canada and is intended to serve as a strategic planning tool, but does not replace official carriage information or products. (5/2/13).

Hong Kong – follow-up on investigation report

The Hong Kong Marine Department posted remarks delivered Director of Marine Mr. Francis Liu at a press conference on the report of the Commission of Inquiry into the collision of vessels near Lamma Island on 1 October 2012. He stated that the Marine Department will follow up on the views and recommendations in the report, working with the Task Force on implementation. All regulated ferries and launches have been re-inspected since the incident. Inspections have also been done to check lifejacket provisions. (4/30/13).

India – cargo handled at major ports

The Indian Ministry of Shipping issued a press release reporting on the amount of cargo handled at major ports in the last three years and remedial measures taken by the Government to increase those amounts. (5/2/13).

Join our mailing list

If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – May 2013

Redistribution permitted with attribution

Headlines:

BSEE – deepwater oil and gas containment exercise;

EPA – boatyard to pay $31,500 penalty;

House – bill introduced to amend OPA 90;

Court – timely notice to a co-insurer;

IMO – electronic ship certificates considered; and

Canada – audit of SAR activities.

May 2, 2013

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Don’t play with verbs, they can bite.

BSEE – deepwater oil and gas containment exercise

The Bureau of Safety and Environmental Enforcement (BSEE) issued a press release stating that it has directed the industry to conduct an unannounced deepwater oil and gas containment exercise. As part of that exercise, a capping stack system and related equipment will be deployed in over 5,000 feet of water in the Gulf of Mexico. This is the equipment that would be utilized in the event that a blowout preventer was ineffective. (4/30/13).

EPA – boatyard to pay $31,500 penalty

The Environmental Protection Agency (EPA) issued a news release stating that a Rhode Island boatyard has agreed to pay a $31,500 penalty and to take steps to reduce emissions of volatile organic compounds from paints and thinners that it utilizes in repairing and painting vessels. (5/1/13).

House – bill introduced to amend OPA 90

Representative Holt (D-NJ) introduced the Big Oil Bailout Prevention Act of 2013 (H.R. 1743) to amend the Oil Pollution Act of 1990 to require responsible parties to pay the full cost of offshore oil spills, and for other purposes. Representative Holt issued a news release explaining its purpose. (4/25/13).

Court – timely notice to a co-insurer

In an unpublished decision, the US Court of Appeals for the Fifth Circuit ruled that timely notice of a potential covered claim on a marine insurance policy by an insured to one of the co-insurers is sufficient to invoke the duty of coverage by that co-insurer even though it may be insufficient to invoke that duty with regard to a co-insurer that did not receive timely notification. Insurance Company of North America v. Board of Commissioners, No. 12-30705 (5th Cir., May 1, 2013).

IMO – electronic ship certificates considered

The Danish Maritime Authority (DMA) issued a news release stating that the recent session of the IMO Facilitation Committee (FAL) considered, among other things, the possibilities of using electronic ship certificates as equal to paper versions. (4/30/13).

Canada – audit of SAR activities

The Auditor General of Canada issued its report on Federal Search and Rescue Activities. The report found that in the majority of instances those SAR activities met the mandated minimum requirements for response. From a broader perspective, though, there are questions whether sufficient resources are provided to provide equipment and technology to meet current and anticipated demands. (4/30/13). Note: This item was brought to my attention by my good friend Joe Spears of the Horseshoe Bay Marine Group.

Join our mailing list

If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – May 2013

Redistribution permitted with attribution

Headlines:

Somalia – six kidnapped crewmembers released by pirates;

USCG – updated AMS for ballast water treatment;

USCG – surge protective devices;

USCG – US-build determination;

USCG – reminder re AFS Convention;

Great Lakes – Tall Ships safety zones proposed;

FERC – Sabine Pass Liquefaction Project;

MARAD – recycling of obsolete vessels;

DOE – ocean power video;

House – bill introduced to arrest Franken-salmon;

Court – limits of LHWCA coverage;

Court – loss of use damages;

EU – GNSS R&D Call for Ideas;

Tokyo MOU – FSS CIC results;

Hong Kong – report on collision of vessels; and

UK – Great Yarmouth MRCC closing.

May 1, 2013

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Don’t play with verbs, they can bite.

Somalia – six kidnapped crewmembers released by pirates

The Danish Ministry of Foreign Affairs issued a news release stating that six crewmembers kidnapped by Somali pirates from the Danish vessel LEOPARD in 2011 have been released and are now safe. Of the six, two are Danes and four are Filipinos. They are presently receiving medical attention and crisis counseling and will be reunited with their families as soon as possible. The Danish Foreign Minister issued a separate news release expressing his personal view. (4/30/13).

USCG – updated AMS for ballast water treatment

The US Coast Guard has completed its review of an Alternate Management System (AMS) application submitted by PANASIA Co., Ltd of the Republic of Korea and has accepted the PANASIA GloEn-Patrol ballast water treatment system under the AMS program. The Coast Guard issued an updated list of approved Alternate Management Systems for Ballast Water Treatment. (4/29/13).

USCG – surge protective devices

The US Coast Guard issued a corrected and expanded Safety Alert regarding use of surge protective devices onboard vessels. Alert 03-13b (4/30/13).

USCG – US-build determination

The USCG National Vessel Documentation Center (NVDC) issued a Determination Letter stating that vessels designed in Canada would be considered built in the United States and eligible to engage in the coastwise trade so long as all major components of the hull and superstructure are fabricated in the United States and the vessels are assembled entirely in the United States. This determination would be valid notwithstanding that various vessel components, such as lifting arms and stabilizers are built in Canada, so long as they are assembled into the vessels in the United States. (4/25/13).

USCG – reminder re AFS Convention

The US Coast Guard issued a Marine Safety Information Bulletin (MSIB) reminding owners and operators of US vessels over 400 gross tons ITC engaged in an international voyage (including a voyage on the Great Lakes between the United States and Canada) that the vessels are required to be in compliance with the International Convention on the Control of Harmful Anti-Fouling Systems (AFS) on Ships, 2001 by carrying an International Antifouling System Certificate. MSIB 001-13 (4/30/13).

Great Lakes – Tall Ships safety zones proposed

The US Coast Guard proposes to establish safety zones on the Great Lakes around each tall ship participating in the Tall Ships Challenge Great Lakes 2013 and in the War of 1812 Bicentennial Commemoration. Between 13 June and 17 September, 21 tall ships will be traversing all five Great Lakes and visiting numerous ports. On 2 September various tall ships will engage in an enactment of the Battle of Lake Erie near Put-in-Bay, Ohio. Comments on the proposal should be submitted by 31 May. 78 Fed. Reg. 25410 (May 1, 2013).

FERC – Sabine Pass Liquefaction Project

The Federal Energy Regulatory Commission (FERC) seeks comments on the environmental assessment (EA) for the Sabine Pass Liquefaction Project Modification, which seeks to enhance the operation and reliability of the liquefied natural gas (LNG) terminal. Comments should be submitted by 27 May. 78 Fed. Reg. 25432 (May 1, 2013).

MARAD – recycling of obsolete vessels

The Maritime Administration (MARAD) issued a notice stating that, on or about 13 May, it will issue a draft solicitation detailing the agency’s intent and process to obtain services from qualified ship recyclers to recycle obsolete vessels. Comments on the draft solicitation will be due by 28 May. (4/29/13). Note: This item was brought to my attention by my friend Polly Parks of Southern Recycling-EMR.

DOE – ocean power video

The Department of Energy (DOE) issued a notice stating that it has produced a video on ocean power – marine and hydrokinetic energy. (4/30/13).

House – bill introduced to arrest Franken-salmon

Representative Young (R-AK) introduced the Prevention of Escapement of Genetically Altered Salmon in the United States Act (H.R. 1667) to prevent the escapement of genetically altered salmon in the United States, and for other purposes. (4/23/13).

Court – limits of LHWCA coverage

In an en banc decision, the US Court of Appeals for the Fifth Circuit ruled that an injury incurred by an employee working in a facility located approximately 300 yards from the Intracoastal Canal and by a carwash, a radiator shop, an automobile repair shop, a bottling company, and a company that manufactures boxes is not covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) because the injury did not occur in an area or location adjoining navigable waters customarily used by the employer in loading or unloading a vessel. New Orleans Depot Services v. DOWCP, No. 11-60057 (5th Cir., April 29, 2013). Note: This en banc decision overturns an earlier (and heavily criticized) decision by a divided panel of the court holding that location came within the ambit of the LHWCA. In addition to the majority decision, there are two concurring opinions and one dissenting opinion.

Court – loss of use damages

In an unpublished decision, the US Court of Appeals for the Second Circuit affirmed the district court ruling that plaintiff vessel owner is entitled to recover loss of use damages in the amount of $11,736,645 arising from a 2008 allision between defendant vessel and a dredge owned by plaintiff. Damages for loss of use must be proven with reasonable certainty. In the instant case, plaintiff proved that there was an active market for the dredge during the period it was being repaired. No more specific evidence of particular lost contracts or opportunities was necessary to sustain the award of damages. Great Lakes Business Trust v. M/T Orange Sun, No. 12-1270-cv (2nd Cir.

EU – GNSS R&D Call for Ideas

The European Union (EU) issued a Call for Ideas regarding potential Global Navigation Satellite System (GNSS) research and development (R&D) activities funded under Horizon 2020. Recommendations must be submitted by 31 July. (4/29/13).

Tokyo MOU – FSS CIC results

The Tokyo MOU issued a press release summarizing results of Concentrated Inspection Campaign (CIC) of Fire Safety Systems (FSS) that took place from 1 September through 30 November 2012. With nearly 70% of the detentions during this period related to FSS issues, the Tokyo MOU concludes that the industry has not achieved an acceptable level of compliance with the relevant fire safety system requirements. (4/30/13).

Hong Kong – report on collision of vessels

The Government of Hong Kong issued the 293-page Redacted Version of the Report of the Commission of Inquiry into the Collision of Vessels near Lamma Island on 1 October 2012. An excursion boat collided with a high-speed ferry at night and 39 people died in the casualty. The report notes numerous safety deficiencies on the excursion boat and determined that the Hong Kong Marine Department had not enforced safety standards sufficiently. (4/30/13).

UK – Great Yarmouth MRCC closing

The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that the Great Yarmouth Maritime Rescue Coordination Centre (MRCC) is closing on 1 May. Operational responsibility is transferring to Humber MRCC. There will be no reduction in front line rescue resources such as Coastguard Rescue Teams, lifeboats, or rescue helicopters. (4/30/13).

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – May 2013

Redistribution permitted with attribution

Headlines:

NTSB – meeting;

MARAD – adjacent coastal states for DWP licensing;

NY/NJ – new current meter for PORTS;

House – bill introduced re whistleblower protections;

House – bill introduced re water resource investments;

House – bill introduced to improve oil spill response;

GSA – new EGNOS Open Service Definition released; and

India – measures taken to handle larger vessels.

April 30, 2013

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

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

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

NTSB – meeting

The National Transportation Safety Board (NTSB) issued a notice stating that it will meet in Washington, DC on 14 May. Among the issues to be considered is the marine accident report on the allision of the M/V Delta Mariner with the Eggner’s Ferry Bridge on the Tennessee River on 26 January 2012. 78 Fed. Reg. 25309 (April 30, 2013).

MARAD – adjacent coastal states for DWP licensing

The Maritime Administration (MARAD) issued a notice clarifying its policy on the unit of distance measurement to apply when designating Adjacent Coastal States (ACS) under the agency’s deepwater port (DWP) licensing program. Henceforth, MARAD will utilize nautical miles in making ACS designations. 78 Fed. Reg. 25349 (April 30, 2013).

NY/NJ – new current meter for PORTS

The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that a new current meter for the New York/New Jersey harbor has been installed at New Jersey’s Stevens Institute of Technology. The current meter will provide additional data regarding the direction, speed, and volume of ocean currents in the navigation channels north of the Narrows between Brooklyn and Staten Island, thus enhancing navigation safety in this vital waterway. Data from the current meter is incorporated into the Physical Oceanographic Real-Time System (PORTS). (4/29/13).

House – bill introduced re whistleblower protections

Representative George Miller (D-CA) introduced the Offshore Oil and Gas Worker Whistleblower Protection Act of 2013 (H.R. 1649) to provide whistleblower protections to certain workers in the offshore oil and gas industry. (4/18/13).

House – bill introduced re water resource investments

Representative Richmond (D-LA) introduced a bill (H.R. 1769) to improve energy infrastructure resilience through federal water resource investments, and for other purposes. Official text of the bill is not yet available, but Representative Richmond issued a press release explaining the bill. (4/26/13).

House – bill introduced to improve oil spill response

Representative Young (R-FL) introduced a bill (H.R. 1820) to amend the Outer Continental Shelf Lands Act and the Federal Water Pollution Control Act to modernize and enhance the Federal Government’s response to oil spills, to improve oversight and regulation of offshore drilling, and for other purposes. Official text of the bill is not yet available. (4/26/13).

GSA – new EGNOS Open Service Definition released

The European GNSS Agency (GSA) issued a notice stating that version 2.0 of the EGNOS Open Service Definition Document (SDD) has been released. The revised document reflects recent improvements in EGNOS geographic coverage and other enhancements. (4/26/13).

India – measures taken to handle larger vessels

The Indian Ministry of Shipping issued a press release summarizing measures taken by the Government to support major Indian ports to handle larger vessels. (4/29/13).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – April 2013

Redistribution permitted with attribution

Headlines:

Gulf of Mexico – RNA;

FERC – Elba Liquefaction EA;

USCG – getting a UTV documented;

House – bill introduced to amend OPA 90;

Senate – bill introduced to amend tax code;

Senate – bill introduced to amend OPA 90;

Senate – bill introduced re discharge of dredged material;

Senate – bill introduced re coral reef conservation;

Court – Himalaya clause;

ICJ – Bolivia seeks access to the Pacific; and

India – Ministry of Shipping RFD.

April 29, 2013

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

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

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

Gulf of Mexico – RNA

The US Coast Guard promulgated an interim rule establishing a regulated navigation area (RNA)in the Mississippi Canyon Block 20 in the Gulf of Mexico. This RNA is need to protect the subsurface monitoring and collection dome system above a leaking wellhead from the potential hazards of vessels anchoring, mooring, or loitering on or near the oil and gas discharge area. On 16 September 2004, a mudslide caused by Hurricane Ivan’s storm surge toppled the Mississippi Canyon (MC) 20 Platform A. The platform’s wells were covered by more than 100 feet of mud and sediment. As a result of structural damage, plumes containing crude oil and gas have been discharging into the Gulf of Mexico. The responsible party has installed a containment dome over the affected area. The RNA has a 300-foot diameter centered at 28°52’17”N, 089° 10’50”W and extending through the entire water column. Comments on the interim rule should be submitted by 29 July. 78 Fed. Reg. 24987 (April 29, 2013).

FERC – Elba Liquefaction EA

The Federal Energy Regulatory Commission (FERC) issued a notice stating that it intends to prepare an environmental assessment (EA) relating to the Elba Liquefaction Project. Comments on the project should be submitted by 22 May. 78 Fed. Reg. 25074 (April 29, 2013).

USCG – getting a UTV documented

The US Coast Guard issued a revised Frequently Asked Questions (FAQ) regarding uninspected towing vessels (UTVs). The revision adds a new question and answer about what action should be taken if a non-documented UTV is suspected of being at least five net tons. Unless exempted, the UTV is required to have a properly endorsed Certificate of Documentation (COD). The process for obtaining a COD is not particularly difficult, as explained in the FAQ. (4/26/13).

House – bill introduced to amend OPA 90

Representative Holt (D-NJ) introduced a bill (H.R. 1743) to amend the Oil Pollution Act of 1990 to require responsible parties to pay the full cost of offshore oil spills, and for other purposes. Official text of the bill is not yet available, but Representative Holt issued a news release explaining its purpose. (4/25/13).

Senate – bill introduced to amend tax code

Senator Menendez (D-NJ) introduced a bill (S. 827) to amend the Internal Revenue Code of 1986 to require oil polluters to pay the full cost of oil spills, and for other purposes. Official text of the bill is not yet available, but Senator Menendez issued a press release explaining its purpose. (4/25/13).

Senate – bill introduced to amend OPA 90

Senator Menendez (D-NJ) introduced a bill (S. 828) to amend the Oil Pollution Act of 1990 to require oil polluters to pay the full cost of oil spills, and for other purposes. Official text of the bill is not yet available. (4/25/13).

Senate – bill introduced re discharge of dredged material

Senator Manchin (D-WV) introduced a bill (S. 830) to amend the Federal Water Pollution Control Act to clarify and confirm the authority of the Environmental Protection Agency to deny or restrict the use of defined areas as disposal sites for the discharge of dredged or fill material. Official text of the bill is not yet available, but Senator Manchin issued a press release explaining its purpose. (4/25/13).

Senate – bill introduced re coral reef conservation

Senator Nelson (D-FL) introduced a bill (S. 839) to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes. Official text of the bill is not yet available. (4/25/13).

Court – Himalaya clause

The US Court of Appeals for the Ninth Circuit ruled that the Himalaya clause in a bill of lading extended the bill of lading’s one-year statute of limitations to the freight forwarder, an agent of the carrier. Plaintiff manufacturer contracted with defendant’s principal for shipment of goods to a buyer in Brazil. The agreement between plaintiff and defendant’s principal was very basic and did not contain a statute of limitations. Defendant’s principal prepared bills of lading that included both a one-year statute of limitations and a Himalaya clause extending all benefits of the provisions of the bills of lading to its servants, agents, and subcontractors. Defendant freight forwarder misdelivered the cargo to the buyer before plaintiff had been paid. The buyer went bankrupt. Plaintiff brought suit against defendant thirteen months after the misdelivery. The court held that the Himalaya clause allowed defendant to assert the bill of lading’s statute of limitations as a defense. Clevo Co. v. Hecny Transportation, No. 11-55823 (9th Cir., April 26, 2013).

ICJ – Bolivia seeks access to Pacific

The International Court of Justice (ICJ) issued a press release stating that Bolivia has instituted proceedings against Chile concerning a dispute in relation to “Chile’s obligation to negotiate in good faith and effectively with Bolivia in order to reach an agreement granting Bolivia a fully sovereign access to the Pacific Ocean”. (4/24/13).

India – Ministry of Shipping RFD

The Indian Ministry of Shipping posted its Results-Framework Document (RFD) for 2013-2014, laying out its vision, mission, objectives, and functions. (4/25/13).

Join our mailing list

If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – April 2013

Redistribution permitted with attribution

Headlines:

Bahrain – memorial service;

Mobile – barge explosion/fire;

St. Marys River – speed rule exemption proposed;

Southwest Alaska – northern sea otter;

NOAA – great hammerhead shark;

Chukchi Sea – application withdrawn;

DOT – TIGER grant funding;

FMC – Port Environmental Initiative Forum;

DOL – MACOSH to be reestablished;

Senate – bill introduced re pesticide use over navigable waters;

IMO – Athens Convention to enter into force in 2014;

ReCAAP – quarterly report;

India – steps taken to check piracy; and

SS Sultana explosion and fire – 27 April 1865.

April 26, 2013

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

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

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

Bahrain – memorial service

The US Navy issued a news release stating that a memorial service was held in Bahrain to mark the ninth anniversary of the terrorist attack on patrol coastal ship USS Firebolt (PC 10). The attack claimed the lives of three US servicemembers: BM1 Michael Pernaselli, USN; SM2 Christopher Watts, USN; and DC3 Nathan Bruckenthal, USCG. (4/25/13).

Mobile – barge explosion/fire

The US Coast Guard issued a news release stating that a number of agencies continue to respond to the barge explosion and fire in Mobile Bay. Seven explosions were reported and the fire has been put out. Three persons were hospitalized for burns. A salvage plan for the gasoline barge is being developed. The incident is under investigation. (4/25/13).

St. Marys River – speed rule exemption proposed

The US Coast Guard proposes to amend the Inland Waterways Navigation Rules to exempt vessels under 20 meters in length operating on the St. Marys River in Michigan’s Upper Peninsula from certain speed rules. Comments on the proposal should be submitted by 10 June. 78 Fed. Reg. 24697 (April 26, 2013).

Southwest Alaska – northern sea otter

The Fish and Wildlife Service (FWS) announced that it is undertaking a 5-year status review of the southwest Alaska Distinct Population Segment of the northern sea otter. Comments on the review should be submitted by 25 June. 78 Fed. Reg. 24767 (April 26, 2013).

NOAA – great hammerhead shark

The National Oceanic and Atmospheric Administration (NOAA) announced that two petitions to list the great hammerhead shark as threatened or endangered present substantial scientific or commercial information indicating that the petitioned action may be warranted. The agency will conduct a status review. Comments on the review should be submitted by 25 June. 78 Fed. Reg. 24701 (April 26, 2013).

Chukchi Sea – application withdrawn

The National Oceanic and Atmospheric Administration (NOAA) issued a notice stating that ConocoPhillips Company has withdrawn its application for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals incidental to conducting offshore exploration drilling on the outer continental shelf (OCS) of the Chukchi Sea. 78 Fed. Reg. 24731 (April 26, 2013).

DOT – TIGER grant funding

The Department of Transportation (DOT) issued a notice stating that applications are now being accepted for funding from the TIGER Grant Program. The competitive grant program funds surface transportation projects (including marine port infrastructure investments) that have a significant impact on the nation, a region, or a metropolitan area. Applications must be received by 3 June. 78 Fed. Reg. 24786 (April 26, 2013).

FMC – Port Environmental Initiative Forum

The Federal Maritime Commission (FMC) issued a news release stating that on 21 May it will host the Second Annual Port Environmental Initiative Forum in Washington, DC. (4/25/13).

DOL – MACOSH to be reestablished

The Occupational Safety and Health Administration (OSHA) issued a news release stating that the Department of Labor (DOL) will reestablish the Maritime Advisory Committee on Occupational Safety and Health (MACOSH). The Department selected the maritime industry for special attention because of its high injury and illness rates and the specialized character of maritime work. (4/12/13).

Senate – bill introduced re pesticide use over navigable waters

Senator Hagan (D-NC) introduced a bill (S. 802) to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, and for other purposes. Official text of the bill is not yet available. (4/24/13).

IMO – Athens Convention to enter into force in 2014

The IMO issued a news release stating that the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 2002, will enter into force on 23 April 2014, following the recent ratification by Belgium. Ten ratifications have been received to date. The Athens Convention substantially raises the limits of liability for the death of, or personal injury to, a passenger on a covered ship. The Convention shifts the burden of proof to the effect that, to escape liability, the carrier must demonstrate that the loss was not due to its fault or neglect. (4/25/13).

ReCAAP – quarterly report

The ReCAAP Information Sharing Centre issued its report for the quarter ending 31 March. A total of 28 incidents, comprising 27 actual incidents and one attempted incident were reported. Compared to the same quarter in the previous three years, there has been a decrease in both the number and severity of incidents. (4/25/13).

India – steps taken to check piracy

The Indian Ministry of Shipping issued a press release summarizing steps taken by the Government to check piracy, including the banning of sailing vessels south or west of the line joining Salalah and Male, naval escort of Indian vessels in the Gulf of Aden, and enhanced vigil of the Indian EEZ. (4/25/13).

SS Sultana explosion and fire – 27 April 1865

148 years ago, the United States experienced its most significant marine casualty in terms of lives lost. On that day the steamship Sultana exploded and caught fire. An estimated 1,800 of the approximately 2,400 passengers and crew died after one of the ship’s boilers exploded. The ship had just left Vicksburg en route St. Louis. It was carrying numerous Union Army veterans home, many recently released from Confederate prisons. As a result of this tragedy, inspection standards for steamships were strengthened.

Join our mailing list

If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – April 2013

Redistribution permitted with attribution

Headlines:

Mobile – barge explosion;

FEMA – PSGP funding for FY 2012;

TSA – TWIC fees;

Upper Mississippi River – sunken barges;

Boston – cooperation during Boston Marathon bombing response;

Senate – bill introduced re dredging of small ports;

House – bill introduced to arrest Franken-salmon;

House – hearing on freight transportation system;

WHO – avian influenza A(H7N9);

ICJ – whaling in the Antarctic;

Australia – shipping occurrence statistics; and

Canada – Operation Nunalivut 2013 concludes.

April 25, 2013

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

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

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

Mobile – barge explosion

The US Coast Guard issued a news release stating that it is responding to a barge explosion in Mobile Bay. Three burn-related injuries have been reported. The barge was an empty compressed natural gas (CNG) barge that was at the dock for cleaning. A safety zone has been established around the barge. (4/25/13). Note: Unofficial reports indicate that two barges may have been involved and that the barges may have been gasoline carriers.

FEMA – PSGP funding for FY 2012

The Federal Emergency Management Agency (FEMA) issued a notice stating that $97,500,000 is being made available in FY 2012 for the Port Security Grant Program (PSGP). Seven port areas have been selected as Group I (highest risk), 48 port areas have been selected as Group II, and 35 port areas have been selected as Group III. Ports not identified in Groups I, II, or III will compete for funding identified for the “All Other Port Areas” Group. The notice includes links to additional information. (4/24/13).

TSA – TWIC fees

The Transportation Security Administration (TSA) promulgated a final rule removing specific fee amounts from regulations regarding security threat assessments (STAs) and credentialing for Hazardous Materials Endorsements (HMEs) and Transportation Worker Identification Credentials (TWICs). Removing specific fee references will provide TSA the flexibility to lower or increase fees as necessary to meet the statutory obligation to recover its costs. Current fee amounts will remain unchanged until future revisions are published in the Federal Register. The final rule comes into effect on 28 May. 78 Fed. Reg. 24353 (April 25, 2013).

Upper Mississippi River – sunken barges

The US Coast Guard distributed a chart detailing the locations of the eleven barges that sank in the Upper Mississippi River between mile marker 159 and mile marker 172 near St. Louis, following a barge breakaway on 21 April. Salvage operations are being planned but will not commence until water levels recede. (4/24/13). Note: This item was brought to my attention by my friend Sean Duffy of the Big River Coalition.

Boston – cooperation during Boston Marathon bombing response

The US Coast Guard issued a bulletin thanking maritime stakeholders in the Boston area for their cooperation and support when the maritime security level for the Port of Boston was raised during the Boston Marathon bombing response. (4/23/13).

Senate – bill introduced re dredging of small ports

Senator Paul (R-KY) introduced a bill (S. 732) to modify the criteria used by the Corps of Engineers to dredge small ports. (4/16/13).

House – bill introduced to arrest Franken-salmon

Representative Young (R-AK) introduced a bill (H.R. 1667) to prevent the escapement of genetically altered salmon in the United States, and for other purposes. Official text of the bill is not yet available. (4/23/13).

House – hearing on freight transportation system

The Panel on 21st Century Freight Transportation of the House Committee on Transportation and Infrastructure conducted a hearing on the Overview of the United States’ Freight Transportation System, its first. The Summary of Subject Matter (SSM) memorandum noted the importance of maritime shipping, ports, and the inland waterways. Among the various witneses, Mr. James Newsome, South Carolina Ports Authority, testified concerning the importance of seaports and international shipping. (4/24/13).

WHO – avian influenza A(H7N9)

The World Health Organization (WHO) issued a news release stating that an additional four laboratory-confirmed cases of human infection with avian influenza A(H7N9) virus have been reported. To date, a total of 108 laboratory-confirmed human infections have been reported in China, including 22 deaths. National authorities continue to implement prevention and control measures. So far, there is no evidence of on-going human-to-human transmission. WHO does not advise special screening at points of entry nor does it recommend that any travel or trade restrictions be applied. (4/23/13).

ICJ – Whaling in the Antarctic

The International Court of Justice (ICJ) issued a press release stating that it will hold public hearings in the case concerning Whaling in the Antarctic (Australia v. Japan; New Zealand intervening) from 26 June to 16 July at the Peace Palace in The Hague. (4/11/13).

Australia – shipping occurrence statistics

The Australian Transport Safety Bureau (ATSB) issued a report entitled: Australian Shipping Occurrence Statistics 2005-2012. The report found that three were 245 people killed, missing, or seriously injured from reported marine casualties during this period. (4/24/13).

Canada – Operation Nunalivut 2013 concludes

National Defence and the Canadian Forces issued a news release stating that Operation Nunalivut 2013 concluded today in Resolute Bay, Nunavut. This year’s operations took place in the northwestern portion of the Arctic Archipelago, providing Canadian Armed Forces with increased collective knowledge of, and experience in, the challenging High Arctic environment. (4/24/13).

Join our mailing list

If you are not receiving our almost daily electronic newsletter and would like have it sent directly to your email inbox, please right-click the box below and provide your email address.

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91^st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – April 2013

Redistribution permitted with attribution