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

Bryant’s Maritime Blog – 10 November 2009

Headlines: Indian Ocean – piratical attack 1,000 miles off Somalia; USCG – updated port state responses to DOS weapons demarche; Kenya – seven suspected pirates transferred for prosecution; Mobile – port closed due to TS Ida; Gulf of Mexico – two rescued from damaged oil rig; Bering Sea – search for missing crewman; FMC – licensed OTI may engage unlicensed persons as agents; MMC meeting; Salvage claim by crewmembers; New Zealand – MSDSs for SOLAS ships; Panama Canal – operations summary – October; UK – National Policy Statement for Ports; UK – open call re Motorways of the North Sea projects; UK – report on smoldering cargo in hold; and SS Edmund Fitzgerald – November 10, 1975.

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 – piratical attack 1,000 miles off Somalia

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that a very large crude carrier (VLCC) came under piratical attack in the Indian Ocean 400 nautical miles off the Seychelles and 1,000 nautical miles east of Mogadishu. Automatic weapons and rocket-propelled grenades were fired in the unsuccessful attack, the furthest yet from the Somali coast. With increasing speed and evasive maneuvers, the master of the tanker was able to evade the attack. (11/9/09).

USCG – updated port state responses to DOS weapons demarche

The US Coast Guard posted an updated summary of the responses received to date from various port states to the Department of State (DOS) demarche requesting information regarding carriage and transport of self-defense weapons aboard US commercial vessels. There is one wholly new response: Kenya allows such carriage on non-naval vessels on a case-by-case basis. The response from South Africa has been amended to indicate that a temporary import license is required for weapons brought into the country. The response from Sweden has also been amended to indicate that it will evaluate on an individual basis each request to bring weapons into the country. (11/9/09). Note: Ship owners and operators may want to check carefully prior to entering a port with weapons or armed security guards on board.

Kenya – seven suspected pirates transferred for prosecution

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that seven individuals suspected of having attacked a French fishing vessel in the Indian Ocean on October 27 have been transferred to Kenya for prosecution in accordance with an agreement between the EU and Kenya. (11/9/09).

Mobile – port closed due to TS Ida

The US Coast Guard issued a news release stating that, due to the approach of Tropical Storm Ida, the ports of Gulfport, Pascagoula, Mobile, Pensacola, and Panama City have been closed to all vessel traffic. (11/9/09).

Gulf of Mexico – two rescued from damaged oil rig

The US Coast Guard issued a news release stating that two workers were rescued from an oil rig in the Gulf of Mexico that incurred damage as a result of Hurricane Ida. (11/9/09).

Bering Sea – search for missing crewman

The US Coast Guard issued a news release stating that a search is underway in the Bering Sea for a crewman reported missing from a coal carrier in transit from Prince Rupert, British Columbia to Asia. (11/9/09).

FMC – licensed OTI may engage unlicensed persons as agents

The Federal Maritime Commission (FMC) issued an order granting a petition for a declaratory order, affirming that it is lawful for a licensed Ocean Transportation Intermediary (OTI) to engage unlicensed persons to act as their agents to perform OTI services. Docket No. 06-08 (11/6/09).

MMC – meeting

The Marine Mammal Commission (MMC) and its Committee of Scientific Advisors will meet in Waikiki Beach on December 2-4. Among the topics on the agenda are the status and effectiveness of marine protected areas. 74 Fed. Reg. 58056 (November 10, 2009).

Salvage claim by crew members

The US Court of Appeals for the Fifth Circuit ruled that, while crew members may in limited circumstances assert salvage claims for services rendered which their ship is in distress, the plaintiffs here are not eligible for a salvage award. In the instant case, plaintiff crew members were ashore when their employer asked them to return to a damaged, listing semi-submersible drilling unit in an attempt to prevent it from sinking. Plaintiffs led a team of other crew members who, with assistance from professional salvors, saved the rig. Plaintiffs sued, seeking recovery as pure salvors. The federal district court granted summary judgment in favor of the rig owner and plaintiffs appealed. After reviewing the law of salvage and the application of the International Convention on Salvage, 1989, the appellate court agreed that the crew members were not entitled to a salvage award because it was understood that they would be paid whether or not they were successful. The appellate court remanded the case, though, for a determination as to the appropriate level of compensation that the rig owner owed to the crew members. Solana v. GSF Development Driller I, No. 06-30930 (5th Cir., October 29, 2009).

New Zealand – MSDSs for SOLAS ships

Maritime New Zealand issued a notice reminding owners, operators, and masters that any SOLAS ship that makes use of or transports a chemical or fuel should identify the hazard related to such activity, provide the appropriate material safety data sheet (MSDS) for the substance in question, and supply personal protective equipment (PPE) and emergency procedures to suit. Guidance Notice 12 (11/9/09).

Panama Canal – operations summary – October

The Panama Canal Authority issued an advisory that summarizes Canal operations for the month of October. It also includes the schedule of locks maintenance work for the remainder of the fiscal year. Advisory 23-2009 (11/9/09).

UK – National Policy Statement for Ports

The UK Department for Transport released the statement of the Secretary of State for Transport (Andrew Adonis) announcing the launch of the public consultation on a draft National Policy Statement for Ports. The aims of the reform to the planning system are to be more responsive to challenges such as climate change; more streamlined, efficient, and predictable; and more transparent and accountable, with fair opportunities for public consultation and community engagement. A press release discussing the proposal was also posted. Comments on the draft document should be submitted by 6 May 2010. (11/9/09).

UK – open call re Motorways of the North Sea projects

The UK Department for Transport issued an Open Call for tender for Motorways of the Sea projects in the North Sea Region: 2009-2013. (11/9/09).

UK – report on smoldering cargo in hold

The UK Marine Accident Investigation Branch (MAIB) issued the summary of its preliminary examination on minor smoldering damage to a cargo of wheat pellets on a small freighter. The ship’s previous owner had installed 300-watt hold lights, which were unapproved. The lights had been switched on during loading of the wheat pellets and no one remembered to turn them off when the loading was completed. On passage, smoke was seen to escape from a hold ventilation terminal. A 4-man Maritime Incident Response Group (MIRG) was transferred by helicopter to the ship to assess the situation. After the ship docked, it was unloaded while under fire department personnel were in attendance. The hold lights have since been removed. (11/9/09).

SS Edmund Fitzgerald – November 10, 1975

On November 10, 1975, the laker Edmund Fitzgerald sank in Lake Superior with a loss of all 29 hands. It was one of the largest ships on the Great Lakes, carrying over 26,000 tons of taconite ore between Duluth/Superior and the steel mills to the south. The “Fitz” had departed on November 9 in tandem with another laker, but sailed directly into an early winter storm. It sank suddenly, without making a distress call, at about 7:30 p.m., in heavy snow with winds gusting to hurricane force and seas exceeding 30 feet in height. Gordon Lightfoot memorialized the casualty in his hit song “The Wreck of the Edmund Fitzgerald”.

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 – 9 November 2009

Headlines: Gulf of Mexico – preparations for Hurricane Ida; Indian Ocean – warning re threat of hijacking and piracy; FMC – petition for exemption re filing of individual service contract amendments; Gulf of Mexico – Florida LNG DWP facility approved for construction; USCG – North Atlantic Right Whale speed reduction; USCG – Oregon and Washington bars closed due to heavy weather; Pascagoula – USCGC Waesche – In-Commission Special; CBP – seizure of Volkswagen Bus stolen in 1974; OFAC – economic sanctions enforcement guidelines; USN – meetings with commercial tanker industry; IMO – Canada accedes to Bunker Convention; Singapore – APEC Singapore 2009; and the Great Lakes storm of 1913.

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 Mexico – preparations for Hurricane Ida

The US Coast Guard issued a news release advising mariners in the Gulf of Mexico to make preparations for the arrival of Hurricane Ida. The ship’s heavy weather plan should be reviewed and implemented. The appropriate USCG Sector Hurricane Plan should also be reviewed. The USCG hurricane plans are available on the “Hurricane Contingency Plans” page of the Bryant’s Maritime Consulting website. (11/8/09).

Indian Ocean – warning re threat of hijacking and piracy

The Office of the Maritime Administrator, Republic of the Marshall Islands issued an advisory warning that the threat of hijacking and piracy extends beyond the waters of the Gulf of Aden and the waters immediately off the coast of Somalia. A ship was recently attacked and hijacked just north of the Comoros Islands, well outside the usual high risk waters. Masters are urged to exercise caution throughout this broader region. Marine Safety Advisory No. 52-09 (11/5/09).

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

The Federal Maritime Commission (FMC) issued a 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. Petition No. P1-09 (11/6/09).

Gulf of Mexico – Florida LNG DWP facility approved for construction

The Department of Transportation (DOT) issued a news release stating that the Maritime Administration (MARAD) has approved the construction of a liquefied natural gas (LNG) deepwater port (DWP) in the Gulf of Mexico off the coast of Florida. As part of the approval agreement, officials of Port Dolphin Energy, LLC agreed to provide employment and training opportunities to US mariners on ships using the DWP. (10/27/09).

USCG – North Atlantic Right Whale speed reduction

The US Coast Guard issued a news release reminding operators of vessels 65 feet or greater in length that the Right Whale Ship Strike Reduction Rule came into effect on November 1. This rule requires such vessels to slow down while operating in US Mid-Atlantic waters where North Atlantic Right Whales are known to migrate, calve, and nurse. The National Marine Fisheries Service (NMFS) provides further details regarding the Ship Strike Reduction Program. (10/30/09).

USCG – Oregon and Washington bars closed due to heavy weather

The US Coast Guard issued a news release stating that the Pacific Coast river bars from the Coquille River to Gray’s Harbor (including the Columbia River bar) have been closed for all vessels due to extreme winds and heavy seas. (11/6/09).

Pascagoula – USCGC Waesche – In-Commission Special

The US Coast Guard issued a news release stating that the service has accepted delivery of its second National Security Cutter, the USCGC Waesche, which was placed in the In-Commission Special status pending its upcoming shakedown cruise. A second news release reports on acceptance of the cutter from Northrop Grumman, the ship builder. (11/6/09).

CBP – seizure of Volkswagen Bus stolen in 1974

The US Customs and Border Protection (CBP) issued a news release stating that its agents in the Port of Los Angeles seized a 1965 Volkswagen Bus that was reported stolen in Spokane, Washington in 1974. The vehicle was scheduled for export to the Netherlands. The vehicle, owned by the insurance company that paid the original theft claim, is in pristine condition. (11/5/09). Note: I don’t have to invent this stuff. It just pops up on its own.

OFAC – economic sanctions enforcement guidelines

The US Office of Foreign Assets Control (OFAC) has finalized its Economic Sanctions Enforcement Guidelines, setting forth the policy that OFAC will follow in determining an appropriate enforcement response to apparent violations of US economic sanctions programs that OFAC enforces. These guidelines finalize an interim rule promulgated previously and come into effect immediately. 74 Fed. Reg. 57593 (November 9, 2009).

USN – meetings with commercial tanker industry

The US Navy issued a notice stating that the Military Sealift Command (MSC) will be holding monthly meetings to partner with the commercial tanker industry so that the industry will be more cognizant of the Department of Defense (DOD) Petroleum, Oil, and Lubes (POL) Procurement Process. The first meeting will be held in Washington, DC on November 17. 74 Fed. Reg. 57665 (November 9, 2009).

IMO – Canada accedes to Bunker Convention

The IMO issued a circular advising that Canada has acceded to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. The Convention will enter into force for Canada on 2 January 2010. At present, there are 45 States Parties to the Convention, representing 79.15% of the gross tonnage of the world’s merchant shipping. Bunkers.1/Circ.35 (10/2/09).

Singapore – APEC Singapore 2009

The Singapore Maritime and Port Authority (MPA) issued a notice stating that, in conjunction with APEC Singapore 2009, vessels will be prohibited from anchoring in the demarcated area at the Eastern Anchorage on Saturday, 14 November from 1600 to 2359. Vessels currently anchored in this area will be required to shift out of the area by 1300 on 14 November. Port Marine Notice No. 160 of 2009 (11/6/09).

Great Lakes storm of 1913

In early November, 1913, a blizzard struck the US Midwest and the Canadian province of Ontario. The Great Lakes storm of 1913 reached its highest intensity on November 9. A total of 19 ships were sunk and another 19 were stranded on Lakes Superior, Michigan, Huron, and Erie. Cargo losses were in excess of 68,300 tons and were valued at over a million dollars. More than 280 mariners lost their lives in the most destructive natural disaster to ever strike the Great Lakes.

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 – 6 November 2009

Headlines: Indian Ocean – bulk carrier hijacked by pirates; Gulf of Aden – two piratical attacks disrupted; USCG – port state responses to DOS weapons demarche; Inland Waterways Users Board meeting; San Pablo Bay – safety zone proposed; Bill introduced to reauthorize hazardous materials transportation program; IMO – AIS discrepancy reports; IMO – SAR agreement between Russia and Poland; IMO – SAR arrangement between Chile and New Zealand; EMSA – November newsletter; Malta – oil spill response exercise; and UK – seminar on Maritime Labour Convention 2006.

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 – bulk carrier hijacked by pirates

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that a bulk carrier en route Zanzibar has been hijacked by pirates approximately 300 miles southeast of Mombasa. The ship has a crew of 21, consisting of 7 Ukrainians and 14 Filipinos. (11/5/09).

Gulf of Aden – two piratical attacks disrupted

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that within the space of a few hours two merchant vessels were attacked by pirates in the Gulf of Aden. The first attack was disrupted by a NATO warship; the second attack was disrupted by an EU NAVFOR warship. (11/5/09).

USCG – port state responses to DOS weapons demarche

The US Coast Guard posted a summary of the responses received to date from various port states to the Department of State (DOS) demarche requesting information regarding carriage and transport of self-defense weapons aboard US commercial vessels. The ten responses received to date are a mixed bag. South Africa, for example, responded with a simple “yes”. Oman said yes, but contact the local port authority. Djibouti said yes, but imposes license and transit fees. Latvia and Sweden responded “no”. The United Arab Emirates said “no” and added that persons or vessels entering with arms will be arrested. (10/23/09). Note: Ship owners and operators may want to check carefully prior to entering a port with weapons or armed security guards on board.

Inland Waterways Users Board – meeting

The Inland Waterways Users Board, sponsored by the US Army Corps of Engineers, will meet in New Orleans on December 15. The Board will hear the results of the Inland Marine Transportation System (IMTS) Investment Strategy Team activities, as well as the status of funding for inland navigation projects and studies and the status of the Inland Waterways Trust Fund. 74 Fed. Reg. 57460 (November 6, 2009).

San Pablo Bay – safety zone proposed

The US Coast Guard proposes to establish a permanent safety zone in San Pablo Bay for Coast Guard Use of Force Training exercises. The safety zone would be enforced during such training exercises. Comments on the proposal should be submitted by January 5, 2010. 74 Fed. Reg. 57427 (November 6, 2009).

Bill introduced to reauthorize hazardous materials transportation program

Representative Oberstar (D-MN) introduced the Hazardous Material Transportation Act of 2009 (H.R. 4016) to reauthorize the hazardous material safety program, ensure the safe transport of hazardous material in all modes of transportation, and reduce the risks to life and property inherent in the commercial transportation of hazardous material, and for other purposes. (11/4/09).

IMO – AIS discrepancy reports

The IMO issued a circular forwarding AIS discrepancy reports for the period July to September 2009. Analysis of the reports shows that in the majority of cases the errors relate to transmission of wrong IMO number, MMSI (Maritime Mobile Service Identity), call sign, or name of a particular ship. These information items relate to fixed or static information, which is entered into the AIS on installation and need only be changed if the ship changes its name or undergoes a major conversion from one ship type to another. MSC.6/Circ.4 (10/2/09).

IMO – SAR agreement between Russia and Poland

The IMO issued a circular forwarding an agreement between the Russian Federation and Poland on search and rescue (SAR) regions and coordination of SAR services. SAR.6/Circ.39 (8/26/09).

IMO – SAR arrangement between Chile and New Zealand

The IMO issued a circular forwarding an arrangement between Chile and New Zealand on search and rescue (SAR) regions and coordination of SAR services. SAR.6/Circ.40 (10/6/09).

EMSA – November newsletter

The European Maritime Safety Agency (EMSA) issued its November newsletter. Among other things, the newsletter reports that, during the period 12-16 October, its CleanSeaNet satellite service detected three oil spills in the western Mediterranean Sea, which were then identified and confirmed by aircraft. The discharging ships are being investigated by the French authorities. (11/5/09).

Malta – oil spill response exercise

The Malta Maritime Authority issued a news release stating that a successful oil spill response exercise was conducted on November 4 off the coast of Delimara. (11/4/09).

UK – seminar on Maritime Labour Convention 2006

The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that it and the UK Chamber of Shipping are co-sponsoring a seminar in London on November 9-10 on the Maritime Labour Convention 2006. The UK is on target to ratify the Convention toward the end of 2010. The seminar will examine the Convention from both the flag state and port state perspective. (11/5/09).

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 – 5 November 2009

Headlines: USCG – port state responses to request for information; USCG – expected courses of action following piratical attacks; NOAA – Next Generation Strategic Plan; and Hearing on US National Ocean 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.

USCG – port state responses to request for information

The US Coast Guard issued an advisory providing an update regarding the responses received from port states for information regarding their policies relating to carriage and transport of self-defense weapons aboard US commercial vessels. In May 2009, the US Department of State sent demarches to various governments. Only five nations have responded to date. US vessel owners and operators affected by this advisory are requested to provide the Coast Guard with specific port call information so that a prioritized list of ports may be compiled. Port Security Advisory 8-09 (10/19/09).

USCG – expected courses of action following piratical attacks

The US Coast Guard issued an advisory addressing expected courses of action for US vessels following attacks by pirates in the Horn of Africa region. Port Security Advisory 9-09 (10/19/09).

NOAA – Next Generation Strategic Plan

The National Oceanic and Atmospheric Administration (NOAA) is developing its Next Generation Strategic Plan (NGSP). The agency will host the NGSP Stakeholder Forum in Washington, DC on December 2. The Forum is open to the public, but registration is recommended. (11/4/09).

Hearing on US National Ocean Policy

On November 4, the Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard of the Senate Committee on Commerce, Science, and Transportation conducted a hearing on The Future of Ocean Governance: Building our National Ocean Policy. Ms. Nancy Sutley, Council on Environmental Quality (CEQ), testified that the Interagency Ocean Policy Task Force has been charged with developing a recommended framework for effective coastal and marine spatial planning. An interim report was issued and comments on that report are currently under review. Ms. Jane Lubchenco, National Oceanic and Atmospheric Administration (NOAA), testified concerning the need for a stronger ocean policy and an improved governance structure. Admiral Thad Allen, US Coast Guard, testified that a unified framework for effective coastal and marine spatial planning is critical to the ability of the Coast Guard to execute its missions. Ms. Laura Davis, Department of the Interior, testified that coordinated action is needed to make our oceans, coasts, and the Great Lakes healthy, resilient, and sustainable. Mr. Billy Frank, Jr., Northwest Indian Fisheries Commission, testified that preserving fish and wildlife resources, as well as access to them, is essential. Dr. Dennis Takahashi-Kelso, The Ocean Conservancy, testified concerning the threat to our oceans posed by climate change. Mr. Matthew Paxton, Coastal Conservation Association, testified that promotion of marine recreation should be a core element of the national ocean policy. Ms. Carolyn Elefant, Ocean Renewable Energy Coalition, testified that development of marine renewable technologies can play a significant role in economic recovery and expand the renewable energy portfolio. (11/4/09).

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 – 4 November 2009

Headlines: Indian Ocean – US bulker and Dutch tanker unsuccessfully attacked; IMO – support for Somalia to repress piracy; IRS – foreign taxpayers engaged in OCS activities; Australia – update re offshore oil leak and fire; New Orleans – Channel 12 VHF-FM for Harbor Area VTS; DHS OIG – detection of biological and chemical threats in containers; Gulf of Mexico – hole in freighter patched, stopping oil leak; APHIS – withdrawal of proposed increase in user fees; NTSB meeting; TRB meeting; IMO – implementation of MARPOL Annex I regulations 20 and 21; and UK – ship destined for breaking finds new career.

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 – US bulker and Dutch tanker unsuccessfully attacked

The EU Maritime Security Centre – Horn of Africa (MSC-HOA) issued a press release stating that the US-flag bulker Harriette and the Dutch-flag tanker Jo Cedar came under piratical attacks in the Indian Ocean approximately 360 nautical miles east of Mombasa, Kenya. The attacks from several skiffs occurred within hours of each other and involved use of automatic weapons by the pirates. In both cases, the ships successfully fended off the attacks through employment of speed and evasive maneuvering. A second press release reports that an EU NAVFOR warship subsequently located a suspected pirate skiff in the vicinity. (11/3/09). This sounds like good employment of the best management practices by the two merchant ships and business as usual otherwise.

IMO – support for Somalia to repress piracy

The IMO issued a news release stating that the Organization supported efforts by Somalia to repress piracy off its coast and in the Gulf of Aden. Among other things, through its technical cooperation program and with assistance from Member States, the IMO would help Somalia to establish a national coast guard. (10/2/09).

IRS – foreign taxpayers engaged in OCS activities

The US Internal Revenue Service (IRS) issued a directive providing notice and guidance to foreign taxpayers engaged in activities related to the exploration for or exploitation of natural resources on the US Outer Continental Shelf (OCS). Generally, monies derived from such activities are considered US-source income, requiring the entity to file with the IRS and pay the appropriate tax on that income. (10/28/09). Note: This item should not be construed as tax advice. Tax matters just make my head hurt, and my wallet lighter.

Australia – update re offshore oil leak and fire

The Australian Maritime Safety Authority (AMSA) issued an update stating that the leak from the offshore oil rig in the Timor Sea has been capped and the recent fire on the rig has been extinguished. Response operations continue. (11/4/09).

New Orleans – Channel 12 VHF-FM for Harbor Area VTS

US Coast Guard Sector New Orleans issued a Marine Safety Information Bulletin stating that, effective December 1, it is establishing Channel 12 VHF-FM (156.600 MHz) as the Vessel Traffic Service (VTS) working channel for the New Orleans Harbor Area. The Harbor Area consists of the portion of the Lower Mississippi River between Twelve Mile Point Light (MM 109.0 LDB) and Saxonholm Light 86 (MM 86.0 LDB), including the riverside lock forebays for the Inner Harbor Navigation Canal (IHNC), Algiers Canal, and Harvey Canal. Within this section of the river, vessels will no longer be required to monitor Channel 16 VHF-FM. (10/23/09).

DHS OIG – detection of biological and chemical threats in containers

The Department of Homeland Security (DHS) Office of Inspector General (OIG) issued its redacted report on the ability of US Customs and Border Protection (CBP) to detect biological and chemical threats in maritime cargo containers. The report concludes that, while CBP has taken various steps to mitigate the threat posed by nuclear and radiological weapons in maritime cargo containers, it could do more to mitigate threats posed by biological and chemical weapons. In particular, CBP has not conducted a formal risk assessment to determine which pathways pose the highest risk of these weapons entering the United States. Further, the agency needs updates policies and procedures for conducting its inspections for these threats. OIG-10-01 (11/2/09).

Gulf of Mexico – hole in freighter patched, stopping oil leak

The US Coast Guard issued a news release stating that divers patched the hole in the hull of the freighter anchored in the Gulf of Mexico near Southwest Pass. Approximately 12,000 gallons of bunker fuel had leaked from the ship before the hole could be closed. Once the patch was applied, the ship was able to journey up the Mississippi River to a shipyard in New Orleans for permanent repairs. The incident is under investigation. (11/2/09).

APHIS – withdrawal of proposed increase in user fees

The Animal and Plant Health Inspection Service (APHIS) has withdrawn its proposed increase in user fees for certain agricultural quarantine and inspection services. 74 Fed. Reg. 57057 (November 4, 2009).

NTSB – meeting

The National Transportation Safety Board (NTSB) will meet in Washington, DC on November 17 to consider the marine accident report relating to the engineroom fire on the small passenger vessel Queen of the West on the Columbia River that occurred on April 8, 2008. 74 Fed. Reg. 57206 (November 4, 2009).

TRB – meeting

The Transportation Research Board (TRB) of the National Academies will conduct its Annual Meeting in Washington, DC on January 10-14, 2010. (11/3/09).

IMO – implementation of MARPOL Annex I regulations 20 & 21

The IMO issued a circular summarizing communications received from MARPOL Parties relating to implementation of regulations 20 and 21 of MARPOL Annex I concerning continued operation allowances or exemptions that may be granted by Administrations to oil tankers flying their flags and on denial of entry into ports of other States to those tankers that have been granted those allowances or exemptions. MEPC.1/Circ.695 (10/2/09).

UK – ship destined for breaking finds new career

The UK Environment Agency issued a news release stating that it initially detained a gas tanker under suspicion that it would be taken overseas for dismantling in a manner prohibited by UK law. Working with the mortgagee in possession, arrangements were made for the ship to be refurbished and put into service as a floating treatment plant for liquefied natural gas (LNG). The ship was then released from detention. (10/29/09).

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 – 3 November 2009

Headlines: Singapore – updated best management practices to deter piracy; Australia – updated advice re prevention of piracy; Malta – redelivery of the M/V Arctic Sea; Straits of Malacca & Singapore – room for capacity growth; Singapore – electronic port clearance (EPC) scheme; Panama Canal – extension re mandatory BAPLIE EDI file method; Panama Canal – FY 2009 metrics; FMC – termination of passenger vessel financial responsibility rulemaking; FMC – remarks of Commissioner Rebecca Dye; FMC meeting; USCG – Navigation Rules – updated and corrected; USCG – Mariner Credentialing Program customer survey; Columbia River – safety zone; NTSB – report on sinking of fish processing vessel Alaska Ranger; UK – Port Marine Safety Code updated; English Channel – major maritime exercise; and Canada – enhancing recreational boating safety.

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.

Singapore – updated best management practices to deter piracy

The Singapore Maritime and Port Authority (MPA) issued a circular regarding piracy in the Gulf of Aden and in the Indian Ocean near the coast of Somalia. The circular links to the updated best management practices to deter piracy. Shipping Circular No. 30 of 2009 (10/26/09).

Australia – updated advice re prevention of piracy

The Australian Maritime Safety Authority (AMSA) issued a notice providing updated advice on the prevention and suppression of acts of piracy and armed robbery against ships. Marine Notice 15/2009 (10/30/09).

Malta – redelivery of M/V Arctic Sea

The Malta Maritime Authority issued a press release stating that an agreement has been reached with the owners of the M/V Arctic Sea for its redelivery outside Malta territorial waters. The vessel will be allowed to enter Malta for repairs, survey, and certification after it has been inspected by Maltese authorities. (10/27/09). A second press release states that the Arctic Sea was released to its owners after all necessary inspections and formalities were concluded. (10/29/09).

Straits of Malacca & Singapore – room for capacity growth

The Singapore Maritime and Port Authority (MPA) issued a news release stating that the preliminary finding from the Straits of Malacca and Singapore (SoMS) capacity study showed that there is still substantial room for vessel traffic growth in the Straits without affecting either efficiency or navigational safety. (10/28/09).

Singapore – electronic port clearance (EPC) scheme

The Singapore Maritime and Port Authority (MPA) issued a circular stating that Singapore registered ships are no longer required to submit any new or revalidated statutory certificates to the MPA after the ship’s departure from the Port of Singapore. Agents of Singapore registered vessels will however be required to check and ensure that the required statutory certificates are valid and to submit a declaration to this effect. Upon submission of the declaration, the agent will be able to print the Port Clearance Certificate. Port Marine Circular No. 15 of 2009 (10/29/09).

Panama Canal – extension re mandatory BAPLIE EDI file method

The Panama Canal Authority issued an advisory stating that it has extended until January 15, 2010, the requirement that containerized cargo information for full container vessels be submitted via the BAPLIE EDI file method. Advisory 22-2009 (10/30/09).

Panama Canal – FY 2009 metrics

The Panama Canal Authority issued a press release stating that total Canal transits during fiscal year 2009 decreased 2.4% (from 14,702 transits in 2008 to 14,342 transits in 2009). General cargo, dry bulk, and tanker traffic increased, while container traffic decreased. (10/30/09).

FMC – termination of passenger vessel financial responsibility rulemaking

The Federal Maritime Commission (FMC) has officially terminated its rulemaking regarding passenger vessel financial responsibility. 74 Fed. Reg. 56756 (November 3, 2009).

FMC – remarks of Commissioner Rebecca Dye

The Federal Maritime Commission (FMC) posted the remarks of Commissioner Rebecca Dye delivered at the dinner of the National Association of Waterfront Employers. She discussed, among other things, the agency’s review of marine terminal agreements, antitrust immunity for the liner trade, and regulatory relief. (10/20/09).

FMC – meeting

The Federal Maritime Commission (FMC) issued a notice stating that its meeting previously scheduled for Wednesday, November 18, will be held on Thursday, November 19. (11/2/09).

USCG – Navigation Rules – updated and corrected

The US Coast Guard issued an updated and corrected version of the International and Inland Navigation Rules (COMDTINST M16672.2D). The publication is a compendium of: the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), the Inland Navigation Rules, their respective technical annexes, a listing of the COLREGS Demarcation Lines, the Vessel Bridge-to-Bridge Radiotelephone Regulations, and various other legal provisions regarding compliance and penalties associated with the Navigation Rules. The original version was published on March 25, 1999, by the US Coast Guard Navigation Standards Branch at Coast Guard Headquarters, Washington, DC 20593-7856. This updated version has corrected typographical errors and omissions and includes post-publication 2003 amendments to the International Regulations for Preventing Collisions at Sea (COLREGS). (10/19/09).

USCG – Mariner Credentialing Program customer survey

The US Coast Guard is conducting a Mariner Credentialing Program customer survey to garner feedback from its customers and stakeholders. The feedback will be used to improve service to US merchant mariners and the maritime industry. (10/27/09).

Columbia River – safety zone

The US Coast Guard issued a news release stating that it established a safety zone on the Columbia River near St. Helens, Oregon. The measure is intended to enhance marine safety during a US Army Corps of Engineers channel improvement project, which is scheduled to continue through February 28, 2010. The channel in the safety zone is narrowed to one lane and no passing or overtaking will be allowed. (11/2/09).

NTSB – report on sinking of fish processing vessel Alaska Ranger

The National Transportation Safety Board (NTSB) issued the report of its investigation of the sinking of the fish processing vessel Alaska Ranger in the Bering Sea on March 23, 2008. MAR-09/05 (11/2/09).

UK – Port Marine Safety Code updated

The UK Department for Transport issued a news release stating that it launched an updated Port Marine Safety Code. The Code aims to improve the safety of marine operations and to establish clear national standards of compliance for all port authorities. The Guide to Good Practice supplements the Code with more detailed information. (10/29/09).

English Channel – major maritime exercise

The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that a major maritime exercise will be conducted in the Channel on Tuesday, November 3. The exercise, involving the UK Coastguard, the French Coastguard, and other emergency services, will simulate a fire and evacuation from a cross-channel passenger ferry. (10/29/09).

Canada – enhancing recreational boating safety

Transport Canada issued a media release stating that it is proposing amendments to its Vessel Operation Restriction Regulations in order to enhance recreational boating safety. Comments on the proposal should be submitted by November 9. (10/27/09).

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