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Bryant's Maritime Consulting

July 17th, 2015 at 11:27 am

Bryant’s Maritime Blog – 17 July 2015

Headlines:

NTSB – towboat sinking;

BSEE – inspections of drilling vessels & equipment;

Puget Sound – safety zones & RNA extended;

Tacoma – RNA proposed;

IWUB – meeting on 12 August;

FMC – request for additional information;

USCG – BWMS LOIs;

Everett – proposed bridge modifications;

Senate – bill introduced re transportation infrastructure;

Senate – bill introduced re WWII merchant mariners;

House – bill introduced re EEZ boundary;

Court – early access to DWH claim-specific information;

ReCAAP – summary for May 2015;

Singapore – maritime health declaration; and

UK – Maritime Growth Study.

July 17, 2015

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. My train of thought left the station without me.

NTSB – towboat sinking

clip_image004 The National Transportation Safety Board (NTSB) issued the report of its investigation into the sinking of the towing vessel Jim Marko on the Upper Mississippi River near St. Louis on 1 July 2014. There were no injuries, but the vessel was a total constructive loss. The probable cause of the casualty was determined to be the master’s decision to continue operations with a known hull breach in the vicinity of the waterline, along with the lack of watertight integrity due to watertight doors on the main deck being left open while underway. MAB 15-13 [located at http://www.ntsb.gov/investigations/AccidentReports/Reports/MAB1513.pdf] (7/16/15). Note: The lesson here is that if you can’t pump the water out of the hull faster than it is coming in, you are in trouble. That is why hulls are generally designed without holes at or below the waterline.

BSEE – inspections of drilling vessels and equipment

clip_image006 The Bureau of Safety and Environmental Enforcement (BSEE) issued a press release [located at http://www.bsee.gov/BSEE-Newsroom/BSEE-News-Briefs/2015/BSEE-personnel-conduct-inspections-in-Dutch-Harbor/] stating that it inspected the marine vessel Noble Discoverer and the semi-submersible drilling unit Transocean Polar Pioneer in Dutch Harbor to ensure their status and their compliance with applicable laws and regulations relating to planning drilling operations in the Chukchi Sea. BSEE also inspected the capping stack onboard the ice management vessel Fennica. The Fennica had incurred damage during a recent grounding, but the capping stack was found to not be damaged in the incident. (7/16/15).

Puget Sound – safety zones & RNA extended

clip_image008 The US Coast Guard promulgated a rule extending, through 31 July, the safety zones and regulated navigation area (RNA) in Puget Sound with regard to the Shell Arctic drilling/exploration vessels and associated voluntary First Amendment area. 80 Fed. Reg. 42388 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-17/pdf/2015-17615.pdf] (7/17/15).

Tacoma – RNA proposed

clip_image009 The US Coast Guard proposes to establish a regulated navigation area (RNA) at the Middle Waterway Superfund Cleanup Site in Commencement Bay, Tacoma to protect the sediment cap areas in the cleanup site. Comments on the proposal must be received by 17 August. 80 Fed. Reg. 42440 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-17/pdf/2015-17481.pdf] (7/17/15).

IWUB – meeting on 12 August

clip_image011 The Inland Waterways Users Board (IWUB), sponsored by the US Army Corps of Engineers (USACE) will meet in Nashville on 12 August. Topics on the agenda include the Inland Marine Transportation System (IMTS) Capital Investment Program; proposed modifications to the Lock Performance Monitoring System (LPMS) Reporting Process; and proposed process modifications for reporting navigation notices of maritime interests. 80 Fed. Reg. 42485 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-17/pdf/2015-17538.pdf] (7/17/15).

FMC – request for additional information

clip_image013 The Federal Maritime Commission (FMC) issued a notice stating that it has requested the parties to Agreement No. 201227-002-003: Pacific Ports Operational Improvements Agreement (PPOIA) to provide additional information. This action prevents the agreement amendments from becoming effective as originally scheduled. Interested parties may file comments within fifteen days. 80 Fed. Reg. 42496 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-17/pdf/2015-17521.pdf] (7/17/15).

USCG – BWMS LOIs

clip_image014 The US Coast Guard posted its list of ballast water management system (BWSM) manufacturers who have submitted a Letter of Intent (LOI) to pursue type approval for their systems in accordance with US requirements. (7/16/15).

Everett – proposed bridge modifications

clip_image014[1] The US Coast Guard issued a news release [located at http://www.uscgnews.com/go/doc/4007/2560946/] stating that it seeks comments on the proposed modifications to a railroad bridge over Steamboat Slough near Everett, Washington. Comments must be received by 25 July. (7/16/15).

Senate – bill introduced re transportation infrastructure

clip_image016 Senator Murray (D-WA) introduced the Transportation Infrastructure Grants and Economic Reinvestment Act (S. 1748) [located at http://www.gpo.gov/fdsys/pkg/BILLS-114s1748is/pdf/BILLS-114s1748is.pdf] to provide for improved investment in national transportation infrastructure. Senator Murray issued a news release [located at http://www.murray.senate.gov/public/index.cfm/newsreleases?ContentRecord_id=cd06f271-0da7-4db5-97da-341aea93a33b] explaining the measure. (7/9/15).

Senate – bill introduced re WWII merchant mariners

clip_image016[1] Senator Murphy (D-WA) introduced a bill (S. 1775) to direct the Secretary of Homeland Security to accept additional documentation when considering the application for veterans status of an individual who performed service as a coastwise merchant seaman during World War II, and for other purposes. Official text of the bill is not yet available. (7/15/15).

House – bill introduced re EEZ boundary

clip_image018 Representative Zeldin (R-NY) introduced a bill (H.R. 3070) to clarify that for purposes of all Federal laws governing marine fisheries management, the landward boundary of the exclusive economic zone between areas south of Montauk, New York, and Point Judith, Rhode Island, and for other purposes. Official text of the bill is not yet available. (7/15/15).

Court – early access to DWH claim-specific information

clip_image020 Over one dissent, a panel of the US Court of Appeals for the Fifth Circuit dismissed for lack of jurisdiction an appeal by defendant BP Exploration & Production of a district court order denying it access to claim-specific information until an initial determination about a claim’s eligibility had been made by the settlement program. In re Deepwater Horizon, No. 14-30823 (5th Cir., July 16, 2015) [located at http://www.ca5.uscourts.gov/opinions/pub/14/14-30823-CV0.pdf].

ReCAAP – summary for May 2015

clip_image022 The ReCAAP Information Sharing Centre issued its Report for May 2015 [located at http://www.recaap.org/Portals/0/docs/Reports/2015/ReCAAP%20ISC%20May%202015%20Report.pdf]. A total of 20 incidents of piracy and armed robbery against ships were reported in Asia during the month, the same as the number of reports during May 2014. The difference is that only one of the 20 incidents during May 2015 was an attempt, whereas four of the 20 incidents during May 2014 were attempts. (7/15/15).

Singapore – maritime health declaration

clip_image024 The Singapore Maritime and Port Authority (MPA) issued a circular advising that vessels arriving in Singapore that have been to ebola-affected countries (Guinea, Liberia, and Sierra Leone) in the previous 21 days are required to file a maritime health declaration. Port Marine Circular 8-2015 [located at http://www.mpa.gov.sg/sites/circulars_and_notices/pdfs/port_marine_circulars/pc15-08.pdf] (7/16/15).

UK – Maritime Growth Study

clip_image026 The UK Department for Transport (DfT) posted its 46-page summary of responses [located at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/445578/maritime-growth-study-summary-of-responses-pdfa.pdf] received in its call for evidence for the Maritime Growth Study. The report is divided into three workstrands comprising written submissions; interviews; and workshops. (7/16/15).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2015

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July 16th, 2015 at 11:55 am

Bryant’s Maritime Blog – 16 July 2015

Headlines:

Rhode Island Sound – temporary safety zone;

Chicago Sanitary & Ship Canal – safety zone;

Chicago Sanitary & Ship Canal – safety zone;

Cook Inlet – waterway suitability assessment;

MARAD – LNG DWP license application;

Senate – bill introduced re fire-retardant materials;

ReCAAP – incidents during first half of 2015;

Australia – crew member death;

Panama Canal – June operations; and

UK – collision due to mutual failures.

July 16, 2015

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. My train of thought left the station without me.

Rhode Island Sound – temporary safety zone

clip_image004 The US Coast Guard promulgated a rule establishing a temporary safety zone on waters of Rhode Island Sound at the five locations where the Block Island Wind Farm (BIWF) wind turbine generator foundations will be constructed. The safety zone will be in effect through 30 September. 80 Fed. Reg. 42034 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-16/pdf/2015-17484.pdf] (7/16/15).

Chicago Sanitary & Ship Canal – safety zone

clip_image005 The US Coast Guard issued a notice stating that during specified times from 17 August through 18 September it will enforce the safety zone on the Chicago Sanitary and Ship Canal between mile marker 286 and mile marker 286.5 in support of the Fish and Wildlife Service (FWS) trial tests for Asian carp studies. 80 Fed. Reg. 42037 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-16/pdf/2015-17459.pdf] (7/16/15).

Chicago Sanitary & Ship Canal – safety zone

clip_image006 The US Coast Guard issued a notice stating that during specified times from 3 August through 18 September it will enforce the safety zone on the Chicago Sanitary and Ship Canal between mile marker 296.1 and mile marker 296.7 in support of the Fish and Wildlife Service (FWS) trial tests for Asian carp studies. 80 Fed. Reg. 42036 [located at ] (7/16/15).

Cook Inlet – waterway suitability assessment

clip_image007 The US Coast Guard issued a notice stating that it seeks comments on a Letter of Intent (LOI) and Waterway Suitability Assessment (WSA) for a proposed project to construct a marine terminal as part of a liquefaction facility in Nikiski, Alaska on Cook Inlet. Comments must be received by 14 October. 80 Fed. Reg. 42104 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-16/pdf/2015-17461.pdf] (7/16/15).

MARAD – LNG DWP license application

clip_image009 The Maritime Administration (MARAD) issued a notice stating that it and the US Coast Guard have received an application from Delfin LNG, LLC for the licensing of a liquefied natural gas (LNG) export deepwater port (DWP) to be constructed in the Gulf of Mexico off Louisiana. 80 Fed. Reg. 42162 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-16/pdf/2015-17465.pdf] (7/16/15).

Senate – bill introduced re fire-retardant materials

clip_image011 Senator Brown (D-OH) introduced a bill (S. 1717) [located at http://www.gpo.gov/fdsys/pkg/BILLS-114s1717is/pdf/BILLS-114s1717is.pdf] to amend title 46, United States Code, to exempt old vessels that only operate within inland waterways from the fire-retardant materials requirement if the owners of such vessels make annual structural alterations to at least 10 percent of the areas of the vessels that are not constructed of fire-retardant materials. (7/8/15).

ReCAAP – incidents during first half of 2015

clip_image013 The ReCAAP Information Sharing Centre issued a summary [located at http://www.recaap.org/Portals/0/docs/Reports/2015/ReCAAP%20ISC%20Single-sheet%20summary%20for%20Half%20Yearly%20Report%202015.pdf] of the incidents of piracy and armed robbery against ships in Asia during the period January-June 2015. A total of 106 such incidents were reported, as compared with 90 during the same period in 2014. (7/15/15).

Australia – crew member death

clip_image015 The Australian Transport Safety Bureau (ATSB) issued a notice [located at http://www.atsb.gov.au/publications/investigation_reports/2015/mair/322-mo-2015-005.aspx] stating that it is investigating a fatal accident on board the anchor handling supply vessel Skandi Pacific 166 km NW of Karartha, WA (on the Northwest Shelf). During the early hours of 14 July, Skandi Pacific stopped working cargo with a drilling platform due to heavy weather. While attempting to shelter from the weather and secure cargo, a wave came over the back deck of the vessel and shifted cargo. A crew member was attempting to secure cargo when he was crushed between a moving mini-container and a cargo skip. He was removed to the nearby drill platform to receive medical assistance but died of his injuries. (7/15/15).

Panama Canal – June operations

clip_image017 The Panama Canal Authority (ACP) issued an advisory summarizing Canal operations during June. It also includes a schedule of locks maintenance outages for the remainder of the fiscal year. Advisory 20-2015 [located at http://www.pancanal.com/common/maritime/advisories/2015/a-20-2015.pdf] (7/6/15).

UK – collision due to mutual failures

clip_image019 The UK Marine Accident Investigation Branch (MAIB) issued the report of its investigation of the collision between the chemical tanker Orakai and the beam trawler Margriet in the North Sea on 21 December 2014 in gale force winds. The tanker was transiting on autopilot on a course of 220° and a speed of 10.5 knots. The trawler was ahead of the tanker on a similar course, but at a speed of five knots. On the tanker, the officer of the watch went below on an errand, telling the ordinary seaman serving as lookout to call him if they got within a mile of the trawler. On the trawler, the officer of the watch was totally unaware of the presence of the tanker aft. The trawler changed course, making a collision highly likely. The lookout on the tanker tried to call the officer of the watch, but without success. The vessels collided, causing serious damage to the trawler, which spilled eight tons of diesel fuel. The tanker incurred minor damage. Report 16-2015 [located at https://assets.digital.cabinet-office.gov.uk/media/559d3c62ed915d1592000032/MAIBInvReport-16_2015.pdf] (7/9/15).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2015

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July 15th, 2015 at 10:23 am

Bryant’s Maritime Blog – 15 July 2015

Headlines:

FMC – port congestion report;

OFAC – sanctions re Iran;

CTAC – meeting on 4-6 August;

NOAA – NSGAB nominations sought;

House – bill introduced to honor WWII merchant mariners; and

UK – grounding and cover-up.

July 15, 2015

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. My train of thought left the station without me.

FMC – port congestion report

clip_image004 The Federal Maritime Commission (FMC) issued a news release [located at http://www.fmc.gov/NR15-11/] stating that the Staff Report on US Port Congestion has been posted [located at http://www.fmc.gov/assets/1/Page/PortForumReport_FINALwebAll.pdf]. The report addresses current and anticipated future challenges caused by congestion at US port gateways and comments on the causes and effects of congestion with the objective of facilitating further discussion on potential solutions. The FMC also posted the Appendices to the report [located at http://www.fmc.gov/assets/1/Page/PortForumReport_FINALwebAppendices.pdf]. (7/14/15).

OFAC – sanctions re Iran

clip_image006 The Office of Foreign Assets Control (OFAC) issued a notice [located at http://www.treasury.gov/resource-center/sanctions/Programs/Pages/iran.aspx] stating that the economic sanctions regarding Iran remain in place and unchanged until the International Atomic Energy Agency (IAEA) verifies that Iran has implemented key nuclear-related measures described in the Joint Comprehensive Plan of Action (JCPOA). (7/14/15).

CTAC – meeting on 4-6 August

clip_image008 The Chemical Transportation Advisory Committee (CTAC) and its subcommittees, sponsored by the US Coast Guard, will meet in Washington, DC on 4-6 August. Topics on the agenda include response and carriage requirements for biofuels and biofuel blends; safety standards for design of vessels carrying natural gas or using natural gas as fuel; and safety standards for ship-to-ship transfer of hazardous material outside of the baseline. 80 Fed. Reg. 41509 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-15/pdf/2015-17358.pdf] (7/15/15).

NOAA – NSGAB nominations sought

clip_image010 The National oceanic and Atmospheric Administration (NOAA) issued a notice stating that it seeks nominations for membership on the National Sea Grant Advisory Board (NSGAB). The nomination period is open-ended. 80 Fed. Reg. 41483 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-15/pdf/2015-17357.pdf] (7/15/15).

House – bill introduced to honor WWII merchant mariners

clip_image012 Representative Brooks (R-IN) introduced the Merchant Marine of World War II Congressional Gold Medal Act (H.R. 2992) [located at http://www.gpo.gov/fdsys/pkg/BILLS-114hr2992ih/pdf/BILLS-114hr2992ih.pdf] to award a Congressional Gold Medal, collectively, to the U.S. Merchant Marine of World War II, in recognition of their dedicated and vital service during World War II. Representative Brooks issued a press release [located at http://susanwbrooks.house.gov/media-center/press-releases/rep-brooks-introduces-legislation-to-honor-the-wwii-merchant-marine] explaining the measure. (7/9/15).

UK – grounding and cover-up

clip_image014 The UK Marine Accident Investigation Branch (MAIB) issued the report of its investigation of the grounding of the general cargo ship Vectis Eagle at Gijon, Spain on 30 November 2014. The vessel grounding making a turn while entering the harbor. The grounding probably occurred due to a steering system failure, but this cannot be verified. It is of concern that the master did not immediately report the grounding. Instead, he attempted to conceal its occurrence by, among other things, not saving the information recorded on the voyage data recorder (VDR). Report 15-2015 [located at https://assets.digital.cabinet-office.gov.uk/media/559d3a3be5274a1559000023/MAIBInvReport-15_2015.pdf] (7/9/15).

Join our mailing list

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2015

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July 14th, 2015 at 11:34 am

Bryant’s Maritime Blog – 14 July 2015

Headlines:

IMO – Award for Exceptional Bravery at Sea;

Chukchi Sea – safety zone;

IMO – better focused regulations;

Australia – death of second mate;

Canada – Centre for Responsible Marine Shipping;

Ireland – drilling off south coast;

Panama Canal – water conservation measures; and

UK – mooring line failure.

July 14, 2015

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. My train of thought left the station without me.

IMO – Award for Exceptional Bravery at Sea

clip_image004 The IMO issued a news release [located at http://www.imo.org/en/MediaCentre/PressBriefings/Pages/32-bravery-2015-council.aspx] stating that the 2015 Award for Exceptional Bravery at Sea has been awarded to USCG Aviation Survival Technician Christopher Leon for risking his life to save four men from a sinking ocean-going rowing boat in a dramatic rescue in the dead of night in heavy seas in the Pacific Ocean. After he was lowered into the stormy sea and swam to the sinking boat, he placed three of the men in rescue baskets for hoisting to the hovering helicopter. The helicopter then had to return to shore for refueling. Rescue swimmer Leon remained with the fourth man in the sinking boat for two hours until the helicopter returned and hoisted them aboard. The pilot and the air crewman received Certificates of Commendation for their part in the rescue. (7/6/15).

Chukchi Sea – safety zone

clip_image006 The US Coast Guard promulgated a rule establishing a temporary safety zone, through 31 October, around the drill unit Polar Pioneer in waters of the Chukchi Sea over the US outer continental shelf. 80 Fed. Reg. 40903 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-14/pdf/2015-17129.pdf] (7/14/15).

IMO – better focused regulations

clip_image007 The Danish Maritime Authority (DMA) issued a news release [located at http://www.dma.dk/news/Sider/IMOstrengthensitsfocusonbetterregulation.aspx] stating that, at its most recent session, the IMO Council reached agreement about a draft resolution establishing that international shipping regulations most be better focused. Unnecessary administrative burdens for seafarers and shipowners’ shore-based offices are to be weeded out. (7/7/15).

Australia – death of second mate

clip_image009

The Australian Transport Safety Bureau (ATSB) issued a notice [located at http://www.atsb.gov.au/publications/investigation_reports/2015/mair/321-mo-2015-004.aspx] stating that it is investigating the death of a second mate from the bulk carrier Hyundai Dangjin at Cape Lambert, Western Australia on 10 July. The individual was reading draught marks from a rope ladder when he fell into the sea. A seaman on deck raised the alarm and jumped in to attempt a rescue. The third mate threw a lifebuoy to the second mate, but he was unable to hold on. The seaman was treated for hypothermia. The mate’s body was recovered a short time later. (7/13/15).

Canada – Centre for Responsible Marine Shipping

clip_image011 Transport Canada issued a news release [located at http://news.gc.ca/web/article-en.do;jsessionid=54773f80ff1b47cae5fda95c8a72a973f0f37af86cfa423944b0154c562dd922.e38RbhaLb3qNe38Rax90?mthd=advSrch&crtr.page=1&crtr.dpt1D=6695&nid=996619&crtr.tp1D=1] announcing investment of C$3.7 million for establishment of the Clear Seas Centre for Responsible Marine Shipping in Vancouver, British Columbia. The Centre will develop best practices for marine shipping, including the shipping of natural resource products and promote and facilitate research that supports the highest standards for safe and responsible marine transportation. (7/6/15).

Ireland – drilling off south coast

clip_image013 The Irish Department of Transport, Tourism & Sport issued a Marine Notice advising that a drilling operation will be undertaken off the south coast of Ireland through the end of August. Mariners should exercise caution when transiting the area. Notice 34-2015 [located at http://www.dttas.ie/sites/default/files/MN34of2015_DrillingOperationsSouthCoastofIreland.pdf] (7/7/15).

Panama Canal – water conservation measures

clip_image015 The Panama Canal Authority (ACP) issued an advisory stating that water conservation measures have been adopted, including the maximization of tandem lockages. Advisory 19-2015 [located at http://www.pancanal.com/common/maritime/advisories/2015/a-19-2015.pdf] (7/3/15).

UK – mooring line failure

clip_image017 The UK Marine Accident Investigation Branch (MAIB) issued a safety bulletin regarding a mooring line failure resulting in serious injury to a deck officer on board the LNG carrier Zarga alongside South Hook LNG terminal in Milford Haven on 2 March 2015. Preliminary investigation revealed that the main mooring line was composed of high modulus synthetic material, having low elasticity and, consequently very little snap-back upon failure. A 22-meter tail with high elasticity had been fitted to reduce the risk of failure under peak dynamic load, but no risk analysis had been performed. When the mooring line failed under load, the high elasticity tail caused the entire mooring line to snap back, striking and injuring the deck officer. Safety Bulletin 1-2015 [located at https://assets.digital.cabinet-office.gov.uk/media/559bc377e5274a155c000023/MAIBSafetyBulletin1-2015.pdf] (7/7/15).

Join our mailing list

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2015

clip_image024 Redistribution permitted with attribution

comments Comments (0)    -
July 13th, 2015 at 11:36 am

Bryant’s Maritime Blog – 13 July 2015

Headlines:

Central Pacific – five rescued by USCG & AMVER ship;

Dutch Harbor – temporary safety zone;

Kotzebue Sound – temporary safety zone;

Alaska – Port Access Route Study;

USCG – ice-covered waterways;

GLPAC – meeting on 5 August;

COAC – meeting on 29 July;

CBP – remote filing location test;

Pascagoula – application for LNG terminal;

ITC – marine sonar imaging devices;

Treasury – international boycott countries;

USCG – acceptable NOAD formats;

USCG – Alternate Compliance Program;

DOJ – former chief mate sentenced to prison;

BSEE – unannounced exercise;

Savannah River – salvage of CSS Georgia;

South China Sea – US Navy patrols;

Senate – bill introduced re fire-retardant materials;

Senate – bill introduced re transportation infrastructure;

House – bill introduced to honor WWII merchant mariners;

Court – preferred ship mortgages;

Court – fraud & civil conspiracy; and

Court – permanent injunction v. consent order.

July 13, 2015

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. My train of thought left the station without me.

Central Pacific – five rescued by USCG & AMVER ship

clip_image004 clip_image006 The US Coast Guard issued a news release [located at http://www.uscgnews.com/go/doc/4007/2558954/] stating that five men from Kiribati are safe after being adrift in a small boat for four days in the Central Pacific Ocean. The boat was spotted by the crew of a USCG C-130 search plane, which dropped food, water, radios, and a personal location beacon. The five men were then picked up by the bulk carrier Shourong Harmony, which participates in the AMVER program. (7/12/15).

Dutch Harbor – temporary safety zone

clip_image004[1] The US Coast Guard promulgated a rule establishing a temporary safety zone in the Port of Goodhope Bay, Kotzebue Sound, Alaska through 15 October around moored, anchored, or underway offshore exploration or support vessels. 80 Fed. Reg. 39691 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-10/pdf/2015-16700.pdf] (7/10/15).

Kotzebue Sound – temporary safety zone

clip_image004[2] The US Coast Guard promulgated a rule establishing a temporary safety zone in the Port of Dutch Harbor, Alaska through 15 July around moored, anchored, or underway offshore exploration or support vessels regulated navigation area. 80 Fed. Reg. 39689 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-10/pdf/2015-16740.pdf] (7/10/15).

Alaska – Port Access Route Study

clip_image004[3] The US Coast Guard has extended, until 18 August, the period within which to submit comments on its Port Access Route Study: In the Chukchi Sea, Bering Strait, and Bering Sea. 80 Fed. Reg. 40074 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-13/pdf/2015-16967.pdf] (7/13/15).

USCG – ice-covered waterways

clip_image004[4] The US Coast Guard proposes to establish a regulated navigation area (RNA) on waters of the Fifth Coast Guard District to allow for imposition and enforcement of restrictions on vessels where a threat to navigation exists due to ice-covered waterways. Comments on the proposal must be received by 7 October. 80 Fed. Reg. 39403 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-09/pdf/2015-16808.pdf] (7/9/15).

GLPAC – meeting on 5 August

clip_image004[5] The Great Lakes Pilotage Advisory Committee (GLPAC), sponsored by the US Coast Guard, will meet on 5 August in Washington, DC. Topics on the agenda include ice operations, the Great Lakes Pilotage Management System, and pilot development. 80 Fed. Reg. 40075 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-13/pdf/2015-17033.pdf] (7/13/15).

COAC – meeting on 29 July

clip_image008 The Advisory Committee on Commercial Operations (COAC), sponsored by the US Customs and Border Protection (CBP), will meet in Rosemont, Illinois on 29 July. Topics on the agenda include the Automated Commercial Environment (ACE) Single Window and the feasibility, benefits, and risks of using electronic cargo security devices. 80 Fed. Reg. 39443 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-09/pdf/2015-16814.pdf] (7/9/15).

CBP – remote filing location test

clip_image009 The US Customs and Border Protection (CBP) issued a notice announcing its plan to conduct a National Customs Automation Program (NCAP) test concerning entries filed using remote location filing (RLF) procedures. The test expands the entry types eligible for RLF procedures and the port locations where RLF entries may be filed; requires the electronic transmission of invoices using the Document Image System (DIS); and requires that single transaction bonds be transmitted using eBond for RLF entries requiring a single transaction bond. The initial phase of the RLF test will begin on 12 August. The test will continue until concluded by announcement in the Federal Register. 80 Fed. Reg. 40079 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-13/pdf/2015-17041.pdf] (7/13/15).

Pascagoula – application for LNG terminal

clip_image011 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it received an application from Gulf LNG Liquefaction Company, LLC requesting authorization to construct and operate a liquefied natural gas (LNG) terminal and export facility near Pascagoula, Mississippi. Comments on the application must be received by 22 July. 80 Fed. Reg. 40057 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-13/pdf/2015-16999.pdf] (7/13/15).

ITC – marine sonar imaging devices

clip_image013 The International Trade Commission (ITC) issued a notice stating that the presiding administrative law judge has issued a final initial determination and recommended determination on remedy and bonding in the investigation of marine sonar imaging devices including downscan and sidescan devices. Comments must be received by 11 August. 80 Fed. Reg. 39799 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-10/pdf/2015-16876.pdf] (7/10/15).

Treasury – international boycott countries

clip_image015 The Treasury Department issued its list of countries which require or may require participation in, or cooperating with, an international boycott. The list consists of: Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria, United Arab Emirates, and Yemen. 80 Fed. Reg. 39197 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-08/pdf/2015-16681.pdf] (7/8/15).

USCG – acceptable NOAD formats

clip_image004[6] The USCG National Vessel Movement Center (NVMC) issued a notice [located at http://www.nvmc.uscg.gov/NVMC/(S(4fqat2hbs3fo0oaeqfuizqna))/News.aspx?newsId=07bcc0cb-0a3d-4240-8881-72a7f6369db4] stating that as per the newly published Notice of Arrival/Departure (NOAD) regulation, found at 33 CFR Chapter 160, the NVMC will only be accepting NOAD submissions by four specified methods. In addition, as of 30 September, the NVMC will no longer accept NOAD submissions that contain NOAD information as text within the body of emails or attachments of scanned documents. Details regarding the four specified submittal methods may be found in the linked notice. (7/8/15).

USCG – Alternate Compliance Program

clip_image004[7] The US Coast Guard issued a notice encouraging vessel owners to enroll in the Alternate Compliance Program (ACP) to obtain a certificate of inspection (COI) demonstrating compliance with international conventions such as the SOLAS Convention and the MARPOL Convention. (7/10/15).

DOJ – former chief mate sentenced to prison

clip_image017 The Department of Justice (DOJ) issued a news release [located at http://www.justice.gov/opa/pr/chief-mate-sentenced-three-months-prison-environmental-crimes] stating that the former chief mate of the cargo vessel Murcia Carrier was sentenced to a term of three months prison for failing to maintain an accurate oil record book (ORB) in violation of the Act to Prevent Pollution from Ships (APPS). The former chief mate was found to have ordered the crew to dump overboard several barrels containing hydraulic oil and not recording that disposal in the ORB. (7/8/15).

BSEE – unannounced exercise

clip_image019 The Bureau of Safety and Environmental Enforcement (BSEE) issued a press release [located at http://www.bsee.gov/BSEE-Newsroom/BSEE-News-Briefs/2015/BSEE-Conducts-Exercise-in-Gulf-of-Mexico-Region/] stating that its Oil Spill Preparedness Division conducted a Government Initiated Unannounced Exercise (GIUE) on LLOG Exploration Company. The exercise required the company to respond to a simulated oil spill from a drilling platform in Mississippi Canyon in the Gulf of Mexico. (7/8/15).

Savannah River – salvage of CSS Georgia

clip_image021 clip_image023 The US Navy issued a news release [located at http://www.navy.mil/submit/display.asp?story_id=90084] stating that its personnel and those of the US Army Corps of Engineers (USACE) are diving in the Savannah River to salvage the Civil War ironclad CSS Georgia. (7/10/15).

South China Sea – US Navy patrols

clip_image021[1] The US Navy issued a news release [located at http://www.navy.mil/submit/display.asp?story_id=90056] stating that the guided-missile destroyer USS Lassen (DDG 82) continues to patrol the South China Sea in support of security and stability in the region. Safe interactions with People’s Liberation Army (PLA) Navy vessels at sea, courteous radio conversations, and prudent shiphandling establishes the US Navy’s commitment to maritime security and informs Chinese counterparts that the US Navy intends to operate freely in international waters. (7/9/15).

Senate – bill introduced re fire-retardant materials

clip_image025 Senator Brown (D-OH) introduced a bill (S. 1717) to amend title 46, United States Code, to exempt old vessels that only operate within inland waterways from the fire-retardant materials requirement if the owners of such vessels make annual structural alterations to at least 10 percent of the areas of the vessels that are not constructed of fire-retardant materials. Official text of the bill is not yet available. (7/8/15).

Senate – bill introduced re transportation infrastructure

clip_image025[1] Senator Murray (D-WA) introduced a bill (S. 1748) to provide for improved investment in national transportation infrastructure. Official text of the bill is not yet available, but Senator Murray issued a news release [located at http://www.murray.senate.gov/public/index.cfm/newsreleases?ContentRecord_id=cd06f271-0da7-4db5-97da-341aea93a33b] explaining the measure. (7/9/15).

House – bill introduced to honor WWII merchant mariners

clip_image027 Representative Brooks (R-IN) introduced a bill (H.R. 2992) to award a Congressional Gold Medal, collectively, to the U.S. Merchant Marine of World War II, in recognition of their dedicated and vital service during World War II. Official text of the bill is not yet available, but Representative Brooks issued a press release [located at http://susanwbrooks.house.gov/media-center/press-releases/rep-brooks-introduces-legislation-to-honor-the-wwii-merchant-marine] explaining the measure. (7/9/15).

Court – preferred ship mortgages

clip_image029 The US Court of Appeals for the Fifth Circuit ruled that preferred ship mortgages are superior to claims for improper termination of ship management agreements where the termination fees in the agreements was penal and thus unenforceable. This litigation is fallout from the deterioration of charter rates for vessels operating in the Gulf of Mexico. Comar Marine v. Raider Marine, No. 13-30156 (5th Cir., July 6, 2015) [located at http://www.ca5.uscourts.gov/opinions/pub/13/13-30156-CV0.pdf].

Court – fraud and civil conspiracy

clip_image031 In an unpublished decision, the US Court of Appeals for the Ninth Circuit reversed and remanded the district court findings in a case for fraud and civil conspiracy. The appellate court upheld the finding that the defendants were liable as alleged, but found error with regard to the calculation of damages and the award of attorneys’ fees. Mitsui OSK v. Seamaster Logistics, No. 13-15848 (9th Cir., July 6, 2015) [located at http://cdn.ca9.uscourts.gov/datastore/memoranda/2015/07/06/13-15848.pdf].

Court – permanent injunction v. consent order

clip_image033 In an unpublished summary order, the US Court of Appeals for the Second Circuit ruled that denial of a permanent injunction against defendant cruise line regarding the making of robo-calls for marketing purposes was appropriate where defendant had already entered into a consent order enjoining such calls. Bank v. Caribbean Cruise Line, No. 14-3257 (2nd Cir., July 10, 2015).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2015

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July 10th, 2015 at 11:45 am

Bryant’s Maritime Blog – 10 July 2015

Headlines:

San Francisco Bay – temporary safety zone;

USCG – Proceedings;

FWS – polar bear conservation management plan;

California – Sustainable Freight Pathways;

Texas – Responder newsletter; and

India – cabotage changes proposed.

July 10, 2015

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. My train of thought left the station without me.

San Francisco Bay – temporary safety zone

clip_image004 The US Coast Guard promulgated a temporary rule establishing a safety zone on certain waters of San Francisco Bay near hunters point in support of underway vessel testing by the Department of Defense. The safety zone will remain in effect through 31 October Periods of enforcement will be announced in advance. 80 Fed. Reg. 38623 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-07/pdf/2015-16621.pdf] (7/7/15).

USCG – Proceedings

clip_image004[1] The Summer 2015 edition of the USCG Proceedings of the Marine Safety & Security Council [located at http://www.uscg.mil/proceedings/] has been posted. The theme of this edition is “21st Century Waterways – Improving Marine Situational Awareness”. (7/2/15).

FWS – polar bear conservation management plan

clip_image006 The Fish and Wildlife Service (FWS) seeks comments on the draft Polar Bear Conservation Management Plan [located at http://www.fws.gov/alaska/pbrt/]. Comments must be received by 20 August. 80 Fed. Reg. 38458 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-06/pdf/2015-16249.pdf] (7/6/15).

California – Sustainable Freight Pathways

clip_image008 The California Air Resources Board (ARB) posted an update [located at http://www.arb.ca.gov/gmp/sfti/sfti.htm] to its Sustainable Freight Pathways to Zero and Near-Zero Discussion Document. The Discussion Document describes the actions that respond to the Board’s direction to identify, prioritize, and recommend specific measures and actions to reduce health risk from diesel particulate matter and meet the State’s air quality attainment and climate needs. (7/2/15).

Texas – Responder newsletter

clip_image010 The Texas General Land Office (GLO) posted the July 2015 edition of its Responder newsletter [located at http://www.glo.texas.gov/what-we-do/caring-for-the-coast/_publications/responder-july-2015.pdf]. (7/2/15).

India – cabotage changes proposed

clip_image012 The Indian Directorate General of Shipping (DGS) issued a memorandum [located at http://shipping.nic.in/showfile.php?lid=2027] stating that the Ministry of Shipping seeks comments on a draft change to Indian cabotage rules. Comments should be received by 13 July. (7/3/15).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2015

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July 3rd, 2015 at 11:12 am

Bryant’s Maritime Blog – 3 July 2015

Headlines:

DOJ – agreement in principle re DWH oil spill settlement;

NLRB – captains and supervisory status;

Paris MOU – 2014 annual report;

Torres Strait – virtual AIS ATON;

Australia – reducing the risk of collisions;

Panama Canal – bunkering in Atlantic Outer Anchorage; and

Declaration of Independence Day – July 4.

July 3, 2015

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. My train of thought left the station without me.

DOJ – agreement in principle re DWH oil spill settlement

clip_image004 The Department of Justice (DOJ) issued a news release [located at http://www.justice.gov/opa/pr/statement-attorney-general-loretta-e-lynch-agreement-principle-bp-settle-civil-claims] stating that an agreement in principle has been reached between BP and the United States and the Gulf coastal states addressing outstanding federal and state claims, including civil penalties and natural resource damages, arising from the 2010 Deepwater Horizon oil spill. The total value of the settlement would top $18.7 billion. Details of the agreement are addressed in the Fact Sheet [located at http://www.justice.gov/opa/file/625011/download]. The next step is to convert that agreement in principle into a draft consent decree, which would then undergo public comment before submittal for court approval. (7/2/15).

NLRB – captains and supervisory status

clip_image006 A panel of the National Labor Relations Board (NLRB) issued a Board Decision [located at https://www.nlrb.gov/case/19-RC-106498] holding that, for purposes of the National Labor Relations Act, the captain of a small tugboat with only one deckhand assigned does not qualify as a supervisor. The majority in the 2-1 decision stated, in part: “even if the Coast Guard holds captains accountable, it does not follow that the Employer holds them accountable”. The dissent points out that the majority “finding produces an outcome in which nobody on the Employer’s vessels exercises supervisory authority, contrary to the record evidence and applicable Coast Guard requirements that make captains ultimately accountable for everything that happens on board.” (6/30/15). Note: I leave it to my long-suffering readers to reach their own conclusions.

Paris MOU – 2014 annual report

clip_image008 The Paris MOU posted its 2014 Annual Report on Post State Control [located at https://www.parismou.org/sites/default/files/2014%20Annual%20Report%20on%20Port%20State%20Control_0.pdf]. Among other things, it states that refusal of access (banning) has been used 63 times since 2012, generally involving ships that have been detained multiple times. (7/1/15).

Torres Strait – virtual AIS ATON

clip_image010 The Australian Maritime Safety Authority (AMSA) issued a notice announcing that a virtual AIS aid to navigation has been established in the Torres Strait at the charted position of OG Rock in the Prince of Wales Channel. Marine Notice 13-2015 [located at https://apps.amsa.gov.au/MOReview/MarineNoticeExternal.html] (7/2/15).

Australia – reducing the risk of collisions

clip_image010[1] The Australian Maritime Safety Authority (AMSA) issued a notice reminding mariners of measures for reducing the risk of collisions at sea. Marine Notice 14-2015 [located at https://apps.amsa.gov.au/MOReview/MarineNoticeExternal.html] (7/2/15).

Panama Canal – bunkering in Atlantic Outer Anchorage

clip_image012 The Panama Canal Authority (ACP) issued an advisory announcing that bunkering operations will be permitted in the Atlantic Outer Anchorage on a case-by-case basis when conditions allow and certain conditions are met. Advisory 18-2015 [located at http://www.pancanal.com/common/maritime/advisories/2015/a-18-2015.pdf] (6/30/15).

Declaration of Independence Day – July 4

clip_image014 This Saturday, July 4, 2015, marks the 239th anniversary of the publication of the Declaration of Independence in Philadelphia (July 4, 1776). It is not the 239th anniversary of the independence of the United States, because what we on this side of the pond call the Revolutionary War had just begun. Even October 19, 1781, when British Major General Lord Cornwallis surrendered to American General George Washington and French Lieutenant General de Rochambeau at the Battle of Yorktown, was not the end of the fighting. The independence of the United States was officially established by the signing of the Treaty of Paris on September 3, 1783, when the Kingdom of Great Britain recognized the United States of America as a separate nation and withdrew its remaining troops from New York. In a larger sense, though, the independence of the United States is contested every day – and not just in places like Iraq and Afghanistan. While it is appropriate that we set aside one day each year to celebrate our independence, it is also necessary to dedicate ourselves daily to live up to the principles on which this great nation was founded. We hold these truths to be self-evident: That all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness, [and] that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.

Join our mailing list

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2015

clip_image021 Redistribution permitted with attribution

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July 2nd, 2015 at 11:31 am

Bryant’s Maritime Blog – 2 July 2015

Headlines:

MERPAC – working group meeting;

FMC – access to information & records;

FMC – attorney fee rule proposed;

FERC – Port Arthur LNG EIS;

Singapore – portable atmosphere testing instruments;

Singapore – EEDI amendments; and

Amelia Earhart & Fred Noonan lost at sea – 2 July 1937.

July 2, 2015

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. My train of thought left the station without me.

MERPAC – working group meeting

clip_image004 A working group of the Merchant Marine Personnel Advisory Committee (MERPAC), sponsored by the US Coast Guard, will be held in Arlington, Virginia on 5-6 August. The purpose of the meeting is to work on Task Statement 30, concerning utilizing military education, training, and assessment for STCW and national certifications. 80 Fed. Reg. 38220 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-02/pdf/2015-16297.pdf] (7/2/15).

FMC – access to information & records

clip_image006 The Federal Maritime Commission (FMC) promulgated a direct final rule governing access to FMC information and records and its regulations implementing the Freedom of Information act (FOIA). The rule will enter into force on 1 September unless significant adverse comment is received by 3 August. 80 Fed. Reg. 37997 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-02/pdf/2015-16101.pdf] (7/2/15).

FMC – attorney fees rule proposed

clip_image006[1] The Federal Maritime Commission (FMC) proposes to amend its Rules of Practice and Procedure governing awards of attorney fees in Shipping Act complaint proceedings and its regulations related to Commission terms and vacancies. Comments on the proposals must be received by 6 August. 80 Fed. Reg. 38153 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-02/pdf/2015-16260.pdf] (7/2/15).

FERC – Port Arthur LNG EIS

clip_image008 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it intends to prepare an environmental impact statement (EIS) for the planned Port Arthur Liquefaction Project. A scoping meeting will be held in Port Arthur on 13 July. Comments must be received by 24 July. 80 Fed. Reg. 38189 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-02/pdf/2015-16311.pdf] (7/2/15).

Singapore – portable atmosphere testing instruments

clip_image010 The Singapore Maritime and Port Authority (MPA) issued a circular informing stakeholders of the entering onto force on 1 July 2015 of the Merchant Shipping (Safety Convention) (Amendment) Regulations 2015 implementing new SOLAS regulation XI-1/7 regarding carriage of portable atmosphere testing instruments. Shipping Circular 12-2015 [located at http://www.mpa.gov.sg/sites/circulars_and_notices/pdfs/shipping_circulars/sc_no_12_of_2015.pdf] (6/26/15).

Singapore – EEDI amendments

clip_image010[1] The Singapore Maritime and Port Authority (MPA) issued a circular informing stakeholders of the entering into force on 1 September 2015 of the Prevention of Pollution of the Sea (Air) (Amendment) Regulations 2015concerning application of changes to the EEDI requirements of Annex VI of MARPOL 73/78. Shipping Circular 13-2015 [located at http://www.mpa.gov.sg/sites/circulars_and_notices/pdfs/shipping_circulars/sc_no_13_of_2015.pdf] (6/26/15).

Amelia Earhart & Fred Noonan lost at sea – 2 July 1937

clip_image012 On 2 July 1937, the twin-engine Lockheed Electra 10E aircraft carrying aviatrix Amelia Earhart and her navigator Fred Noonan on an attempted circumnavigation of the Earth was lost at sea in the South Pacific Ocean. It had taken off hours earlier from Lae, New Guinea bound for refueling at Howland Island. Waiting at the island was the US Coast Guard cutter Itasca. The radioman on the Itasca heard radio calls from the aircraft reporting trouble locating the island and running low on fuel. His return calls were apparently not received by the aircraft. After the radio calls ceased and the aircraft had obviously exhausted its fuel, a search was commenced. Other vessels, including US Navy warships, and aircraft joined the search, but nothing was ever located. Recently, an independent search team found some evidence that an airplane may have crashed years previously on or near Nikumaroro Island in the Republic of Kiribati (previously known as Gardner Island), located about 400 miles south-southeast of Howland Island.

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2015

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July 1st, 2015 at 11:58 am

Bryant’s Maritime Blog – 1 July 2015

Headlines:

MARAD – VISA open season;

MARAD – VISA table-top exercise;

MARAD – META Program Forum;

Court – obstruction conviction dismissed; and

IMO – Mr. Ki-tack Lim elected as Secretary-General.

July 1, 2015

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

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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. My train of thought left the station without me.

MARAD – VISA open season

clip_image004 The Maritime Administration (MARAD) issued a notice announcing that the opens season for fiscal year 2016 applications for participation in the Voluntary Intermodal Sealift Agreement (VISA) program will run through 31 July. 80 Fed. Reg. 37730 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-01/pdf/2015-16179.pdf] (7/1/15).

MARAD – VISA table-top exercise

clip_image005 The Maritime Administration (MARAD) issued a notice stating that on 2-3 June, it and the US Transportation Command co-hosted the 2015 Voluntary Intermodal Sealift Agreement (VISA) Joint Planning Advisory Group (JPAG) table-top exercise at Scott Air Force Base, Illinois. 80 Fed. Reg. 37729 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-01/pdf/2015-16178.pdf] (7/1/15).

MARAD – META Program Forum

clip_image005[1] The Maritime Administration (MARAD) issued a notice announcing that, in cooperation with the Maryland Environmental Resources center, it will hold an open forum to solicit individual input to the agency’s Maritime Environmental and Technical Assistance (META) Program. The forum will be held in Linthicum Heights, Maryland on 22 July. 80 Fed. Reg. 37729 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-07-01/pdf/2015-16180.pdf] (7/1/15).

Court – obstruction conviction dismissed

clip_image007 The US Court of Appeals for the Fifth Circuit affirmed the district court’s dismissal of the criminal conviction of a former BP employee due to juror misconduct. The former employee had been convicted of obstruction of justice. During juror deliberation, the jury forewoman overheard a conversation in a courthouse elevator that other BP employees involved in the Deepwater Horizon oil spill were being prosecuted. She told the other jurors that this made her even more convinced that the defendant was guilty. United States v. Mix, No. 14-30837 (5th Cir., June 30, 2015) [located at http://www.ca5.uscourts.gov/opinions/pub/14/14-30837-CR0.pdf].

IMO – Mr. Ki-tack Lim elected as Secretary-General

clip_image009 The IMO issued a news release [located at http://www.imo.org/en/MediaCentre/PressBriefings/Pages/30-SG-election.aspx] stating that Mr. Ki-tack Lim of the Republic of Korea has been elected to serve as the next IMO Secretary-General with effect from 1 January 2016. (6/30/15).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2015

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June 30th, 2015 at 11:33 am

Bryant’s Maritime Blog – 30 June 2015

Headlines:

NOAA – HSRP nominations sought;

NIST – leap second reminder;

Court – denial of certiorari;

Court – NPDES permit partially overturned;

Court – marine salvage claim; and

Hong Kong – prevention of pollution by garbage.

June 30, 2015

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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

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Miscellaneous maritime topics are briefly discussed in my Maritime Musings blog. Those who don’t study history may lose the opportunity to make original mistakes.

NOAA – HSRP nominations sought

clip_image004 The National Oceanic and Atmospheric Administration (NOAA) is soliciting nominations for membership on its Hydrographic Services Review Panel (HSRP). Nominations must be received by 10 August. 80 Fed. Reg. 37236 [located at http://www.gpo.gov/fdsys/pkg/FR-2015-06-30/pdf/2015-16153.pdf] (6/30/15).

NIST – leap second reminder

clip_image006 The National Institute of Standards and Technology (NIST) issued a notice [located at http://www.nist.gov/pml/div688/grp00/bp-for-leap-second-event.cfm] reminding stakeholders of the leap second event occurring at 23:59:59 UTC (19:59:59 EDT) on 30 June. Adjust your chronometers accordingly! (6/29/15).

Court – denial of certiorari

clip_image008 Among the dispositions included in the U.S. Supreme Court Orders List for 29 June 2015 [located at http://www.supremecourt.gov/orders/courtorders/062915zor_4g25.pdf], are the denials of certiorari in the cases of Anadarko Petroleum Corporation v. United States, 14-1167 and BP Exploration & Production Inc. v. United States, 14-1217. These orders by the Supreme Court finalize the lower court decisions under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) holding that, for purposes of the civil penalty action, the discharge of oil and gas into the waters of the United States occurred from the Macondo well, which was co-owned the BP and Anadarko, rather than from the MODU Deepwater Horizon. (6/29/15).

Court – NPDES permit partially overturned

clip_image010 The US Court of Appeals for the Ninth Circuit granted in part and denied in part plaintiff’s petition for review challenging the issuance by the Environmental Protection Agency (EPA) of a permit to companies seeking to drill exploratory oil and gas wells on the US outer continental shelf of the Beaufort Sea. The permits, issued under provisions of the National Pollutant Discharge Elimination System (NPDES), authorized the discharge of thirteen waste streams in the marine waters. The court granted plaintiff’s petition with regard to the discharge of non-contact cooling water and remanded the record to the EPA for a determination regarding whether such discharge will cause unreasonable degradation of the marine environment because of the effect of such discharge on bowhead whales, including deflection from their migratory paths. The petition was denied in all other respects. Alaska Eskimo Whaling Commission v. EPA, No. 13-70633 (9th Cir., June 29, 2015) [located at http://cdn.ca9.uscourts.gov/datastore/opinions/2015/06/29/13-70633.pdf].

Court – marine salvage claim

clip_image012 In an unpublished decision, the US Court of Appeals for the Eleventh Circuit reversed the district court’s grant of defendants’ motion for summary judgment in a claim for marine salvage. During a marina fire, plaintiff towing and salvage company had, at the request of the responding fire department, towed defendant yacht out of the marina. Defendants contended that the marine salvage claim was improper because there was no marine peril. Plaintiff salvor appealed the court’s grant of summary judgment. The appellate court reversed, finding that there was a genuine issue of fact as to whether a marine peril existed, making summary judgment improper. Biscayne Towing v. M/Y Backstage, No. 14-12176 (11th Cir., June 29, 2015) [located at http://media.ca11.uscourts.gov/opinions/unpub/files/201412176.pdf].

Hong Kong – prevention of pollution by garbage

clip_image014 The Hong Kong Marine Department issued a notice advising that a new regulation has been adopted giving effect to the latest amendments to MARPOL Annex V – Prevention of Pollution by Garbage from Ships. The new regulation enters into effect on 1 July. Notice 93-2015 [located at http://www.mardep.gov.hk/en/notices/pdf/mdn15093.pdf] (6/29/15).

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – June 2015

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    logo11 Shore leave

    In the July 2015 edition of Maritime Reporter and Engineering News, you can find my article entitled "Shore leave". In the article, I discuss the impediments imposed by some waterfront facilities to crew members on vessels docked there in obtaining access to shore and to third parties gaining access to those vessels. Congress recently directed that maritime facilities must provide such access in a timely manner and at no cost to the individual. The US Coast Guard has proposed regulations to implement that directive.