Bryant’s Maritime Blog – 20 November 2009

Headlines: DOT – mariners reminded of best practices to avoid pirate attacks; USN – guided missile cruiser leads counter-piracy task force; USCG – conditions of entry re Madagascar; Columbia River – temporary safety zones; MARAD – EIS re Bienville LNG DWP license application; USN – swimmer interdiction security system; House adopts cruise vessel security measure; House adopts measure banning harmful anti-fouling systems; IMO – Assembly meeting; New Zealand – guidance re prescribed medication and safety; Panama Canal – RFP for vehicular crossing study; and UAE – yacht regulations.

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.

DOT – mariners reminded of best practices to avoid pirate attacks

The Department of Transportation issued a press release forwarding a reminder to mariners from Secretary Ray LaHood of best practices following the recent piratical attacks on the Maersk Alabama and the Harriett. (11/19/09).

USN – guided missile cruiser leads counter-piracy task force

The US Navy issued a news release stating that the guided missile cruiser USS Chosin has assumed the role as flagship of the counter-piracy group Combined Task Force (CTF) 151 in the Indian Ocean off the coast of Somalia. A second news release reports that the Chosin rescued three Yemeni fisherman who were forced overboard when their fishing vessel was hijacked by pirates. (11/19/09).

USCG – conditions of entry re Madagascar

The US Coast Guard issued a notice stating that, effective December 4, it is imposing conditions of entry on vessels arriving to the United States from Madagascar, with the exception of vessels arriving from the port of Toamasina (also known as Tamatave) during their last five port calls. In summary, each affected vessel must: (1) implement the Security Level 2 measures from its ship security plan while in a Madagascar port; (2) ensure that each access point is guarded and that guards have total visibility of the exterior of the vessel while in a Madagascar port; (3) attempt to execute a Declaration of Security while in a Madagascar port; (4) log all security actions; and (5) report actions taken to the pertinent USCG Captain of the Port [COTP] prior to arrival in the US. 74 Fed. Reg. 60283 (November 20, 2009).

Columbia River – temporary safety zones

The US Coast Guard has established a temporary safety zone on the Columbia River during blasting and dredging operations taking place near St. Helens, Oregon. A moving safety zone has also been established around the barge KRS 200-6 at any time that it has explosives onboard. These safety zones will be in effect through February 28, 2010. 74 Fed. Reg. 60157 (November 20, 2009).

MARAD – EIS re Bienville LNG DWP license application

The Maritime Administration (MARAD) issued a notice stating that it and the US Coast Guard have prepared a draft supplemental environmental impact statement for the Bienville liquefied natural gas (LNG) deepwater port (DWP) license application. The applicant proposes to construct and operate an LNG DWP in the Gulf of Mexico approximately 63 miles south of Mobile Point, Alabama. A meeting to receive oral comments on the license application will be held in Mobile on December 9. Written comments should be submitted within 45 days. 74 Fed. Reg. 60310 (November 20, 2009).

USN – swimmer interdiction security system

The US Navy issued a notice stating that it has finalized its record of decision analyzing the operational and environmental aspects of construction and operation of a swimmer interdiction security system at Naval Base Kitsap-Bangor, Washington. 74 Fed. Reg. 60244 (November 20, 2009).

House adopts cruise vessel security measure

The House of Representatives adopted the Cruise Vessel Security and Safety Act of 2009 (H.R. 3360) to amend title 46, United States Code, to establish requirements to ensure the security and safety of passengers and crew on cruise vessels, and for other purposes. The measure now goes to the Senate for consideration. (11/17/09).

House adopts measure banning harmful anti-fouling systems

The House of Representatives adopted the Clean Hull Act of 2009 (H.R. 3618) to provide for implementation of the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, and for other purposes. The measure now goes to the Senate for consideration. (11/17/09).

IMO – Assembly meeting

The IMO issued a news release stating that the 26th session of the Assembly will take place in London on 23 November through 4 December. Topics on the agenda include: piracy off the coast of Somalia; guidelines for ships operating in polar waters; and guidelines for allocation of responsibilities for resolution of stowaway incidents. (11/19/09).

New Zealand – guidance re prescribed medication and safety

Maritime New Zealand issued guidance reminding mariners and ship owners/operators that taking prescribed medicines may have an impact on maritime safety. Mariners should discuss with their health care providers the possible side effects of prescription medicines. They should also bring this information to the attention of their employers. Guidance Notice 14-2009 (11/19/09).

Panama Canal – RFP for vehicular crossing study

The Panama Canal Authority issued a press release stating that it released a request for proposals (RFP) for a study on vehicular crossing alternatives on the Canal’s Atlantic side. The crossing could be via a bridge or a tunnel. Interested contractors have 30 days within which to submit their proposals. (11/18/09).

UAE – yacht regulations

The IMO issued a Circular Letter stating that the United Arab Emirates (UAE) National Transport Authority has promulgated yacht regulations for yachts above 24 meters in length that are not engaged in commercial trade. The purpose of the regulations is to provide a safety standard equal to that of SOLAS for corresponding vessels engaged in trade. (11/10/09). Note: This development was brought to my attention by my friend Gernot Seebacher of Hermont Marine.

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 – November 2009

Redistribution permitted with attribution

Bryant’s Maritime Blog – 19 November 2009

Headlines: DOD – Maersk Alabama repels piratical attack; NTSB – draft strategic plan; Hearing on advanced spectroscopic portal monitors; DHS OIG – USCG expenditures under ARRA; Virginia Beach – previously grounded barge now afloat; Great Lakes – binational report on water quality; and Canada – report on fireboat capsizing.

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.

DOD – Maersk Alabama repels piratical attack

The US Department of Defense (DOD) issued a news release stating that an embarked security team on the M/V Maersk Alabama repelled an attack by pirates in the Indian Ocean 560 nautical miles off the northeastern coast of Somalia. Four pirates in a skiff approached to within 300 yards, using small-arms weapons in an attempt to board the ship. The ship engaged in evasive maneuvers and the embarked security team utilized long-range acoustic devices (LRADs) and small-arms fire in response. The pirates broke off the attack. No damage to the ship or injuries to the crew have been reported. It is unknown whether the pirates suffered any injuries. The ship is proceeding to its destination of Mombasa. (11/18/09).

NTSB – draft strategic plan

The National Transportation Safety Board (NTSB) issued a notice stating that it is seeking comments on its draft 2010-2015 Strategic Plan. Comments should be submitted by December 3. 74 Fed. Reg. 59994 (November 19, 2009).

Hearing on advanced spectroscopic portal monitors

The Subcommittee on Investigations and Oversight of the House Committee on Science and Technology conducted a hearing regarding ongoing problems with next generation technologies to detect nuclear and radioactive substances at US borders, particularly shipping containers arriving at US seaports. Subcommittee Chair Brad Miller (D-NC) stated that, despite a $230 million investment in development, the advanced spectroscopic portal (ASP) monitors have not performed as expected. Mr. Gene Aloise, Government Accountability Office (GAO), testified that the ASP monitors have an unacceptably high number of false positive alarms and testing has identified a critical equipment failure. Mr. Todd Owen, Customs and Border Protection (CBP), testified that the agency continues to work with the Domestic Nuclear Detection Office (DNDO) to improve the performance of the ASP monitors. Dr. William Hagan, DNDO, testified that testing has enhanced the development of the ASP monitors and progress continues to be made. After the conclusion of the hearing, the Committee issued a press release. (11/17/09).

DHS OIG – USCG expenditures under ARRA

The Department of Homeland Security (DHS) Office of Inspector General (OIG) issued the report of its review of the US Coast Guard’s expenditure plans for the American Recovery and Reinvestment Act of 2009 (ARRA). The Coast Guard was allocated $240 million for alteration or removal of obstructive bridges and for acquisition, construction, and improvements for its shore facilities and vessels. The OIG found the expenditure plans to be designed to meet most of the ARRA goals, except for the “quick-start” goal of using 50% of the stimulus funds for activities that could be initiated by June 17, 2009. OIG-10-06 (11/18/09).

Virginia Beach – previously grounded barge now afloat

The US Coast Guard issued a news release stating that the barge that grounded at Virginia Beach during a recent storm has been refloated with the assistance of two tugs. There were no reports of pollution. (11/18/09).

Great Lakes – binational report on water quality

The 2008-2009 Binational Report on Protection of Great Lakes Water Quality has been released by the US Coast Guard, the US Environmental Protection Agency (EPA), Transport Canada, and the Canadian Department of Fisheries and Oceans. The report addresses, among other things, discharges of oil and hazardous polluting substances from vessels; discharges of vessel wastes; aquatic invasive species organisms in ballast water; and the Joint Contingency Plan. (11/18/09).

Canada – report on fireboat capsizing

The Transportation Safety Board of Canada issued the report of its investigation of the capsizing of a small fireboat in Halifax Harbor on 17 September 2008. The report concludes that assessing the stability of small vessels against the ISO construction standards for small vessels alone may be insufficient. It also concludes that the ISO standards are based on an average mass of 75 kilograms per person, which no longer reflects the average body mass of Canadian citizens. M08M0062 (11/18/09). Note: The US Coast Guard recently raised its standard for passenger weight after realizing that the average American had super-sized.

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 – November 2009

Redistribution permitted with attribution

Bryant’s Maritime Blog – 18 November 2009

Headlines: Indian Ocean – M/V Maersk Alabama evades piratical attack; UN – efforts needed on land to fight piracy off Somali coast; Somalia – pirates release Spanish fishing vessel; EU – ships should register for piracy protection; USCG – meetings re STCW implementation; NOSAC meeting; FMC – Maritime Environmental Advisory Committee; NTSB – report on engineroom fire; Stevedore not liable as vessel owner for loading negligence; EMSA – two additional oil pollution response vessels; Australia – update re offshore oil leak; and UK – report on accident during launch of workboat.

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.

Indian Ocean – M/V Maersk Alabama evades piratical attack

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that the container ship Maersk Alabama came under piratical attack in the Indian Ocean 350 nautical miles off the Somali coast. The pirates fired automatic weapons. Fire was returned by the embarked vessel protection detachment (VPD). Pirates then broke off the attack. No casualties were reported. (11/18/09). Note: This is the same vessel that was boarded by pirates in April. In that incident, the master was briefly taken hostage. Three pirates were killed by snipers. The fourth pirate is awaiting trial in New York.

UN – efforts needed on land to fight piracy off Somali coast

The United Nations issued a news release stating that the Somali Government and the African Union force in the country need more help on land in order to defeat piracy in waters of the Indian Ocean off the coast of Somalia. A report by Secretary-General Ban Ki-moon states, in part: “One of the ways to ensure the long-term security of international navigation off the coast of Somalia is through a concerted effort to stabilize the situation ashore, as pirates have become more sophisticated in their methods and techniques of attacking.” The report further notes that the efforts of naval vessels and aircraft, as well as better self-protection by commercial ships, have considerably reduced the number of successful hijackings. (11/16/09). Note: The Secretary-General’s report provides an excellent overview of the counter-piracy efforts. The report’s assessment that piracy attacks have declined, though, may have been premature. Data for October and November seem to indicate an upward trend in both piratical attacks and successful hijackings.

Somalia – pirates release Spanish fishing vessel

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that the Spanish fishing vessel Alakrana and its crew of 36 have been released by pirates who have been holding it off the coast of Somalia after hijacking it in the Indian Ocean on October 2. (11/17/09). Note: Unofficial reports indicate that a ransom of approximately $3 million was paid for the release. Pirates had earlier indicated that they would kill some crew members unless the two suspected pirates detained by the Spanish Navy were set free. There have been no further reports on this aspect of the matter.

EU – ships should register for piracy protection

The European Union Parliament issued a press release reporting that the Commander of the EU Naval Force recommends that vessels should register with the naval patrols before crossing the Gulf of Aden. None of the registered and escorted “high risk” cargo ships have been successfully attacked. (11/16/09).

USCG – meetings re STCW implementation

The US Coast Guard issued a notice stating that it will host a series of public meetings to receive comments on its proposed implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978. The meetings will be in Miami (December 1); New York City (December 2); New Orleans (December 9); Seattle (December 11); and Washington, DC (January 20, 2010). Written comments should be submitted by February 16. 74 Fed. Reg. 59502 (November 18, 2009).

NOSAC – meeting

The National Offshore Safety Advisory Committee (NOSAC), sponsored by the US Coast Guard, will conduct a teleconference meeting on December 8. Topics on the agenda include standards for existing offshore supply vessels (OSVs); MARPOL Annex II; medical treatment of injured divers on the OCS; and minimizing lifts on the OCS. 74 Fed. Reg. 59581 (November 18, 2009).

FMC – Maritime Environmental Advisory Committee

The Federal Maritime Commission (FMC) issued a news release stating that it has formed an internal Maritime Environmental Advisory Committee to provide leadership in identifying and supporting the creation of green jobs in the maritime industry. (10/29/09).

NTSB – report on engineroom fire

The National Transportation Safety Board (NTSB) issued a news release stating that the probable cause of the fire on board the Queen of the West was the failure of a pressurized component on the port main propulsion hydraulic system, resulting in hydraulic oil spraying onto the port engine’s exhaust piping and catching fire. (11/17/09).

Stevedore not liable as vessel owner for loading negligence

In an unpublished decision, the US Court of Appeals for the Fifth Circuit ruled that a longshoreman may not sue his stevedore employer in the capacity of vessel owner for negligence related solely to the loading and unloading of the vessel. In the instant case, plaintiff was injured in the hold of a cargo barge owned by defendant stevedore while unhooking cargo that had been lowered by a crane. Plaintiff alleged that the stevedore negligently failed to hold a joint safety meeting with regard to the loading and negligently supervised a trainee who was operating the crane. The court ruled that the negligence alleged relates solely to stevedoring operations and provides no basis for liability based on the defendant’s ownership of the cargo barge. Jones v. Cooper T. Smith Stevedoring, No. 09-30441 (5th Cir., November 17, 2009).

EMSA – two additional oil pollution response vessels

The European Maritime Safety Agency (EMSA) issued a news release stating that it awarded two new contracts for at-sea oil recovery services. One of the vessels will operate in the northern Baltic Sea; the other will be in the Channel and its Atlantic approaches. This brings to 16 the number of oil pollution response vessels under contract. (11/17/09).

Australia – update re offshore oil leak

The Australian Maritime Safety Authority (AMSA) issued a media release stating that clean-up operations, while continuing, have been scaled back at the site of the offshore oil leak in the Timor Sea due to the reduced amount of oil being observed in the area. (11/17/09).

UK – report on accident during launch of workboat

The UK Marine Accident Investigation Branch (MAIB) issued the summary of its preliminary investigation of an accident that occurred during the launch of a workboat from a general cargo vessel. Rather than utilize the regular hand-operated davit, it was decided to use the electrically-driven stores davit to launch the workboat. During the lowering, the wire parted close to the hook. As a result, the workboat fell eight meters into the water, seriously injuring the two persons onboard. (11/17/09).

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 – November 2009

Redistribution permitted with attribution

Bryant’s Maritime Blog – 17 November 2009

Headlines: Gulf of Aden – vessel protection detachment deters piratical attack; Indian Ocean – piratical hijacking of chemical tanker; USCG – proposed implementation of STCW amendments; Oregon and Washington – RNAs along coastal bars; USCG – safety alert re sailboat rigging dangers; Bill introduced to reauthorize NTSB; Recent ruling re EFTs and Rule B applies retroactively; Longshoreman’s claim against third party is not pursuant to LHWCA; St. Lawrence Seaway – closing of 2009 navigation season; and EU – Council conclusions on integrated maritime policy.

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.

Gulf of Aden – vessel protection detachment deters piratical attack

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that the vessel protection detachment (VPD) on a Ukrainian cargo ship deterred a piratical attack in the Gulf of Aden. Pirates operating from two attack skiffs assaulted the cargo ship, firing Kalashnikovs and rocket propelled grenades (RPGs). The VPD returned fire and the pirates broke off their attack. (11/17/09).

Indian Ocean – piratical hijacking of chemical tanker

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that a chemical tanker with a crew of 28 North Koreans was hijacked by prates in the Indian Ocean 180 nautical miles northwest of the Seychelles. The ship had been en route Mombasa. (11/17/09).

USCG – proposed implementation of STCW amendments

The US Coast Guard proposes to amend its regulations to fully incorporate the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention), as well as the Seafarer’s Training, Certification and Watchkeeping Code (STCW Code) in the requirements for the credentialing of US merchant mariners. The changes proposed incorporate lessons learned from implementation of the STCW Convention and STCW Code through the interim rule and attempt to clarify those regulations that have generated confusion in the past. Comments on the proposal should be submitted by February 16, 2010. 74 Fed. Reg. 59353 (November 17, 2009).

Oregon and Washington – RNAs along coastal bars

The US Coast Guard promulgated its final rule establishing regulated navigation areas (RNAs) covering specific bars along the coasts of Oregon and Washington. The RNAs are considered necessary to enhance the safety of persons and vessels operating in these hazardous bar areas. The RNAs do so by establishing clear procedures for restricting and/or closing the bars and mandating additional safety requirements for recreational and small commercial vessels operating in the RNAs when certain conditions exist. The rule comes into effect on December 17. 74 Fed. Reg. 59098 (November 17, 2009).

USCG – safety alert re sailboat rigging dangers

The US Coast Guard issued a Safety Alert reminding owners and operators of passenger-carrying sailing catamarans of the importance of regular examination of standing rigging. Corrosion and fatigue failure can cause sudden dismasting. An enhanced inspection regime for sailboat rigging, masts, and associated components is also discussed in Sector Honolulu Inspection Note #13. (11/16/09).

Bill introduced to reauthorize NTSB

Senator Dorgan (D-ND) introduced the National Transportation Safety Board Reauthorization Act of 2009 (S. 2768) to amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board for fiscal years 2010 through 2014, and for other purposes. (11/10/09).

Recent ruling re EFTs and Rule B applies retroactively

The US Court of Appeals for the Second Circuit ruled that its recent decision holding that an electronic funds transfer (EFT) is not properly attachable under a maritime attachment order in the federal district courts of New York pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure applies retroactively. The instant case was in active litigation and a Rule B attachment of defendant’s EFT was in effect prior to the appellate court’s recent decision. The court is the instant case ruled that, since the Rule B attachment related to the jurisdiction of the court, it should be applied retroactively. Failure to raise the defense of lack of personal jurisdiction before the federal district court did not, in this case, constitute waiver because this particular defense did not exist until the appellate court’s recent ruling. The case was remanded to determine whether there was an alternative basis on which to find personal jurisdiction over the defendant. Hawknet, Ltd. v. Overseas Shipping Agencies, No. 09-2128-cv (2nd Cir., November 13, 2009).

Longshoreman’s claim against third party is not pursuant to LHWCA

In an unpublished decision, the US Court of Appeals for the Fifth Circuit ruled that a claim by a longshoreman against a third party for injuries incurred while unloading a barge are not pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA). In the instant case, the insurers for the barge owner denied coverage of the personal injury claim brought by the longshoreman, relying on a provision in the insurance contract excluding coverage for claims against the insured brought “pursuant to” the LHWCA. The appellate court held that, while the type of third party claim in this case is mentioned in the LHWCA, it was merely to note that the longshoreman’s traditional right to bring such a suit was preserved in the LHWCA. Thus, this particular claim would have been allowable prior to enactment of the LHWCA and was not pursuant to the statute. Bayou Steel Corp. v. Evanston Insurance Co., No. 08-31206 (5th Cir., November 10, 2009).

St. Lawrence Seaway – closing of 2009 navigation season

The Great Lakes-St. Lawrence Seaway System issued a notice stating that Montreal-Lake Ontario section of the Seaway will close at 23:59 on December 29. Notice No. 8 – 2009 (11/16/09).

EU – Council conclusions on integrated maritime policy

The Council of the European Union issued its Conclusions on an integrated maritime policy. (11/16/09).

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 – November 2009

Redistribution permitted with attribution

Bryant’s Maritime Blog – 16 November 2009

Headlines: DOJ – US citizen pleads guilty to bribery in Panamanian maritime contract; Indian Ocean – suspected pirates taken into custody; Chicago Sanitary & Ship Canal – temporary closure for fish barrier maintenance; FMC meeting; Kaneohe Bay – danger zone amendment; Cape Canaveral – restricted zone amendment; Florida Keys NMS – marine sanitation device discharge regulations; NOAA – NRDA indirect costs rates; Virginia Beach – barge aground; and USCG – change to NAVCEN mailing address.

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.

DOJ – US citizen pleads guilty to bribery in Panamanian maritime contract

The US Department of Justice issued a press release stating that a US citizen pleaded guilty in federal court to bribing Panamanian officials in order to obtain a no-bid contract for maintenance of lighthouses and buoys on Panamanian waterways. The defendant admitted making payments of more than $200,000 to the former administrator and deputy administrator of Panama’s National Maritime Ports Authority and to a former high-ranking elected executive official of the Republic of Panama. He faces a possible sentence of 10 years in prison and a fine of $500,000. (11/13/09).

Indian Ocean – suspected pirates taken into custody

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that an EU NAVFOR warship tracked down and apprehended the individuals suspected of having launched recent piratical attacks on merchant vessels in the Indian Ocean northeast of the Seychelles. When the mother ship and two attack skiffs were detained, weapons, ladders, and other pirate paraphernalia were found on board. The individuals have been taken into custody. (11/13/09).

Chicago Sanitary & Ship Canal – temporary closure for fish barrier maintenance

The Illinois Department of Natural Resources, US Environmental Protection Agency (EPA), US Army Corps of Engineers (USACE), and US Coast Guard issued a joint news release stating that the Chicago Sanitary and Ship Canal will be closed to all traffic, weather permitting, beginning December 2 for a period of four to five days while scheduled maintenance is performed on Barrier IIA. The barrier is intended to prevent entry into the Great Lakes of the destructive Asian carp, a nonindigenous species. While the barrier is shut down, a fish toxicant called rotenone will be applied to the canal between the barrier and the Lockport Lock and Dam. The canal will be closed to all commercial and recreational vessel traffic between CSSC Mile Marker 291 and Mile Marker 298. (11/13/09).

FMC – meeting

The Federal Maritime Commission (FMC) issued a notice stating that it will meet at its office in Washington, DC on November 19. Topics to be addressed in the open session include repeal of the marine terminal agreement exemption; the inquiry concerning ocean transportation intermediary (OTI) agents; and the FY 2010 budget status. Topics to be addressed in the closed session include the US-Australia/New Zealand trades; passenger vessel operator regulatory initiatives; and the petition to reopen Docket No. 07-02. 74 Fed. Reg. 58962 (November 16, 2009).

Kaneohe Bay – danger zone amendment

The US Army Corps of Engineers (USACE) issued a final rule amending the danger zone in waters of Kaneohe Bay adjacent to the Ulupau Crater Weapons Training Range. The amendments come into effect on December 16. 74 Fed. Reg. 58846 (November 16, 2009).

Cape Canaveral – restricted area amendment

The US Army Corps of Engineers (USACE) issued correcting amendments to its recent rulemaking concerning the restricted area in the Atlantic Ocean offshore of Cape Canaveral Air Force Station. The amendment clarifies that the units of measurement for the boundaries of the restricted area are nautical miles. The amendments come into effect immediately. 74 Fed. Reg. 58848 (November 16, 2009).

Florida Keys NMS – marine sanitation device discharge regulations

The National Oceanic and Atmospheric Administration (NOAA) proposes to amend the regulations for the Florida Keys National Marine Sanctuary (FKNMS) to require the marine sanitation devices on vessels operating within the NMS be locked to prevent discharges. Comments on this proposal should be submitted by February 17, 2010. 74 Fed. Reg. 58923 (November 16, 2009). Note: Because the seaward boundary of the FKNMS extends some miles offshore, this proposal could impact passing commercial vessels.

NOAA – NRDA indirect cost rates

The National Oceanic and Atmospheric Administration (NOAA) issued a notice announcing new indirect cost rates on the recovery of indirect costs for its component organizations involved in natural resource damage assessment (NRDA) and related restoration activities for fiscal years 2007 and 2008. 74 Fed. Reg. 58383 (November 16, 2009).

Virginia Beach – barge aground

The US Coast Guard issued a news release stating that a barge being towed from San Juan, Puerto Rico to Pennsauken, New Jersey broke loose in heavy weather and grounded at Virginia Beach. There have been no reports of personal injury or pollution. A second news release reports on salvage efforts. (11/14/09).

USCG – change to NAVCEN mailing address

The US Coast Guard Navigation Center issued a Special Notice stating that its mailing address has changed. Mail sent to the previous address will not be delivered. The new mailing address is:

US Coast Guard Navigation Center

NAVCEN MS 7310

7323 Telegraph Road

Alexandria, VA 20598-7310

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 – November 2009

Redistribution permitted with attribution

Bryant’s Maritime Blog – 13 November 2009

Headlines: Somalia – shots fired at EU warship; Gulf of Aden – two bulk carriers attacked by pirates; USCG – guidance on compliance with ITAR and related laws; Malta – M/V Arctic Sea departs Valletta; Chicago Sanitary & Ship Canal – safety zone and RNA; Congressional action need not be rational; NTSB meeting; DOT – Secretary LaHood honor merchant mariners; UK – maritime statistics; UK – report on ship allision; and Yarmouth Castle fire and sinking – 13 November 1965.

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.

Somalia – shots fired at EU warship

The European Union (EU) Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that shots were fired at two RHIBs belonging to an EU warship. The RHIBs were conducting a routine patrol off the Somali coast and were 83 nautical miles from Boosaaso at the time. The RHIBs were passing some dhows at a distance of approximately 400 meters when the shots were fired. The EU units responded with cover fire and withdrew to a safe distance. There were no casualties on the EU side. (11/11/09).

Gulf of Aden – two bulk carriers attacked by pirates

The European Union (EU) Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that two bulk carriers were unsuccessfully attacked by pirates in the Gulf of Aden. An EU warship has been tasked to search for the mother skiff and two attack skiffs. (11/12/09).

USCG – guidance on compliance with ITAR and related laws

The US Coast Guard issued an updated advisory concerning the placement of firearms on US vessels to defend against or deter pirate attacks in high-risk waters. The advisory summarizes issues related to compliance with the International Traffic in Arms Regulations (ITAR), the Gun Control Act, and the National Firearms Act, among others. Meeting the various conditions and obtaining the necessary permits is not easy, but it is no longer impossible. Port Security Advisory 4-09 (Rev 2) (11/4/09). Note: I am personally opposed to arming of crew members. I contend that armed response to piratical attacks should be performed by military personnel, either on a warship accompanying the merchant vessel or actually embarked aboard the merchant vessel for its transit through high-risk waters.

Malta – M/V Arctic Sea departs Valletta

The Malta Maritime Authority issued a press release stating that, after undergoing repairs and surveys required for the issuance of operating certificates, the M/V Arctic Sea departed Valletta toward its original destination, the Algerian port of Bejaia. (11/11/09). Note: Long-suffering readers may recall that the Arctic Sea was apparently hijacked under mysterious circumstances in the Baltic Sea on July 24 and was boarded by the Russian Navy off the Canary Islands on September 7.

Chicago Sanitary & Ship Canal – safety zone and RNA

The US Coast Guard has established a temporary safety zone and regulated navigation area (RNA) on the Chicago Sanitary and Ship Canal near Romeoville, Illinois. This action basically continues the prior safety zone and RNA placing navigational and operational restrictions on vessels transiting waters located adjacent to and over the US Army Corps of Engineers (USACE) electrical dispersal fish barrier system. The rule will be in effect through November 20. 74 Fed. Reg. 58545 (November 13, 2009).

Congressional action need not be rational

The US Court of Appeals for the Ninth Circuit has officially stated something we all knew but had failed to express. The dispute relates to the constitutionality of a federal statute and has no maritime relationship. Still, I felt the need to share the court’s wisdom with my long-suffering readers. In upholding the statute, the court stated on page eight of its decision: There is not, however, a free-floating requirement that all congressional action be rational. Who can argue with that? Matsuo v. United States, No. 08-15553 (9th Cir., November 12, 2009).

NTSB – meeting

The National Transportation Safety Board (NTSB) issued a press release stating that, on November 17, it will conduct a public meeting at its office in Washington, DC to consider the fire that broke out in the engineroom of a US small passenger vessel on the Columbia River on April 8, 2008. (11/12/09).

DOT – Secretary LaHood honors merchant mariners

The Maritime Administration (MARAD) posted a news item reporting on the actions of Secretary of Transportation Ray LaHood to honor merchant mariners on Veterans Day. (11/11/09).

UK – maritime statistics

The UK Department for Transport released maritime statistics for the second quarter of 2009. Total traffic for the quarter was down 13% from the same quarter of 2008. (11/12/09).

UK – report on ship allision

The UK Marine Accident Investigation Branch (MAIB) released the report of its investigation into the contact made by a tanker with two other tankers moored at the Fawley Marine Terminal on 25 February 2009. As the tanker was entering the channel to get to its berth, the pilot was advised that the berthing had been aborted because the customs paperwork was improper. While turning the tanker in confined waters to return to its original anchorage, the pilot was advised that the paperwork had been corrected and that the tanker should proceed to a closer anchorage before going to its berth. While the pilot and master were discussing these changes, the helmsman lost control of the turn. Before the pilot could take corrective action, the tanker allided with two tankers that were discharging cargo at the nearby terminal. By the way, the paperwork problem was that the submittal to customs was made on a form used for cargoes arriving from outside the EU, but this particular cargo was from within the EU. All three tankers suffered structural damage, there was minor damage to the jetty, and there was minor pollution. Report No. 23/2009 (11/12/09).

Yarmouth Castle fire and sinking – 13 November 1965

The passenger ship SS Yarmouth Castle caught fire and sank on November 13, 1965 while en route from Miami, Florida to Nassau, Bahamas. Of the 376 passengers and 176 crew on board, 88 passengers and two crew died. The ship was built in 1927 with a wooden superstructure. Wood and other flammable materials were used throughout the ship. As the US Coast Guard investigation noted, the foreign-flag vessel was not subject to USCG inspection. Passenger ship construction standards were subsequently strengthened and US law was amended to provide for examination by the Coast Guard of foreign passenger vessels embarking passengers in a US port to ensure compliance with international standards.

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 – November 2009

Redistribution permitted with attribution

Bryant’s Maritime Blog – 12 November 2009

Headlines: Indian Ocean – pirates hijack bulk carrier; Indian Ocean – two more attacks far offshore; India – former US passenger ship banned for TSCA violation; Lower Mississippi River – VTS proposal; Seal Island, Maine – removal of safety zone; Moss Point, Mississippi – EIS for possible gasification facility; FMC – petition for exemption re filing of individual service contract amendments; NOAA – survey vessel strikes whale; Houston – fuel switching demonstration project; Charleston – oil spill source identified; NOAA – BookletCharts; Bill introduced to reauthorize NTSB; and Veterans Day/Remembrance Day/Armistice Day.

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.

Indian Ocean – pirates hijack bulk carrier

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that a bulk carrier with a crew of 22 was hijacked in the south Somali Basin 400 nautical miles northeast of the Seychelles. The NATO Shipping Centre issued a notice stating that a suspected pirate vessel has been located in position 01-10N, 059-04E. The craft is 8-10 meters long with nine people on board. It is towing two smaller skiffs. (11/11/09).

Indian Ocean – two more attacks far offshore

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that two container ships located in the Indian Ocean approximately 1,000 nautical miles east of Somalia and 450 nautical miles east of Tanzania came under piratical attack on the morning of November 10. Automatic weapons were fired in both cases, but the ships were able to outrun their attackers. (11/10/09).

India – former US passenger ship banned for TSCA violation

The Indian Ministry of Environment and Forests issued an Office Memorandum denying permission for the beaching and breaking of the former US passenger ship Platinum-II. The memorandum cited violation of the US Toxic Substances Control Act (TSCA) and allegations that the ship had been brought into India with a falsified flag and registry. The Ministry relied to the Precautionary Principle in reaching its decision. (11/09/09). Note: The ship was previously named the SS Oceanic and, prior to that, the SS Independence. On January 29, 2009, the US Environmental Protection Agency (EPA) issued a press release stating that it had settled an administrative complaint against the owners of the SS Oceanic for alleged illegal distribution and export of a PCB-containing ship. The two companies paid a total of $518,500 to resolve two TSCA violations related to the removal of the ship from the United States without EPA approval.

Lower Mississippi River – VTS proposal

The US Coast Guard proposes to establish a vessel traffic service (VTS) on the Lower Mississippi River and to transfer certain vessel traffic management (VTM) functions from the Mississippi River, Louisiana – Regulated Navigation Area (RNA) to the VTS. The proposed rule is intended to incorporate current practices appropriate to an Automatic Identification System (AIS)-based VTS. Comments on the proposal should be submitted by January 11, 2010. 74 Fed. Reg. 58223 (November 12, 2009).

Seal Island, Maine – removal of safety zone

The US Coast Guard has removed its earlier interim rule establishing a safety zone in certain waters around Seal Island, Maine. The interim rule was intended to provide protection from possible munitions and explosives in waters near the island. Since a comprehensive survey has not been completed, the risk posed cannot be evaluated. 74 Fed. Reg. 58211 (November 12, 2009).

Moss Point, Mississippi – EIS for possible gasification facility

The Department of Energy issued a notice stating that it intends to prepare an environmental impact statement (EIS) to support possible construction and startup of a gasification facility in Moss Point, Mississippi. The facility would produce pipeline-quality substitute natural gas (SNG) from petroleum coke. Non-hazardous vitrified slag would be shipped off-site by barge for sale or disposal. Comments should be submitted by December 14. 74 Fed. Reg. 58262 (November 12, 2009).

FMC – petition for exemption re filing of individual service contract amendments

The Federal Maritime Commission (FMC) issued an official notice stating that it received a petition from Hanjin Shipping Co., Ltd. for an exemption from the FMC rule requiring the filing of individual service contract amendments. Petitioner is in the process of a corporate reorganization that would, under the current FMC regulation, require the filing of more than 2,700 service contract amendments solely to reflect the reorganization. No substantive changes are being made to the service contracts. Petitioner requests authorization to submit a “universal notice” to the Commission to reflect this reorganization. Comments on this petition should be submitted by November 16. 74 Fed. Reg. 58291 (November 12, 2009).

NOAA – survey vessel strikes whale

The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that, on October 17, a hydrographic survey vessel mapping the California coast under a contract managed by NOAA’s Office of Coast Survey struck a blue whale in the Pacific Ocean approximately 1.3 miles off Fort Bragg, California. The ship was traveling at a speed of approximately 5.5 knots at the time. A few hours later, a dead 70-foot long female whale washed ashore approximately seven miles down the coast from Fort Bragg. (10/28/09).

Houston – fuel switching demonstration project

The Environmental Protection Agency (EPA) issued a news release stating that it has partnered with the Port of Houston Authority and Maersk Line in a fuel switching demonstration project. The container ship Maersk Roubaix will, when within 24 nautical miles of the US or Mexican coastlines, switch from its usual bunker fuel to a low-sulfur (0.1%) distillate marine diesel fuel. The ship generally operates between Houston, Texas and Progreso, Mexico. The EPA also notes that the Government of Mexico has expressed interest in participating with the US and Canada in the planned North American Emissions Control Area (ECA). (11/10/09).

Charleston – oil spill source identified

The US Coast Guard issued a news release stating that it formally notified the owner of a cargo ship that the ship has been identified as the source of the oil spill that affected Charleston-area beaches with tar balls and oil debris beginning October 20. The ship had reported a 10-gallon oil spill on October 19 that occurred during the transfer of heavy bunker fuel from a barge to the ship at anchorage in Charleston Harbor. A local contractor was hired to clean the oil from the ship’s decks and hull, but no oil was seen in the water. The wide area impacted by tar balls and oil debris is consistent with a spill of up to a few hundred gallons. (11/10/09).

NOAA – BookletCharts

The National Oceanic and Atmospheric Administration (NOAA) has initiated an experimental BookletChart program to help recreational boaters locate themselves on the water. The charts for US waters have been reduced in scale and divided into pages for convenience, but otherwise contain all the information of a full-scale paper nautical chart. The BookletCharts, though, may not be substituted for regular nautical charts or electronic charts on regulated commercial vessels. (11/10/09).

Bill introduced to reauthorize NTSB

Senator Dorgan (D-ND) introduced a bill (S. 2768) to amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board for fiscal years 2010 through 2014, and for other purposes. Official text of the bill is not yet available. (11/10/09).

Veterans Day/Remembrance Day/Armistice Day

Yesterday, November 11, was marked as the 91st anniversary of the signing of the armistice ending World War I - the war to end all wars, as it was proclaimed at the time. The day is commemorated as Veterans Day in the United States; as Remembrance Day in the Commonwealth nations; and as Armistice Day in France and Belgium. On this day, we should be remember the sacrifices of our military personnel, as well as those of the merchant marine who delivered vital supplies across dangerous seas in time of war.

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 – November 2009

Redistribution permitted with attribution