Thursday, May 28, 2009

Bryant’s Maritime Blog – 28 May 2009

Headlines: USN – meeting to enhance counter-piracy cooperation; South Korea endorses PSI Principles; NY/NJ – Goethals Bridge replacement project; CNMI – establishing US ports of entry; Bill introduced to establish Working Waterfront Grant Program; Paris MOU – new port state control inspection system; and Singapore – anti-suit injunction denied.

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Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Improvements in this blog site, while slow, are due to the assistance of Kim Nettles. She rapidly points me to the improvements. I, with the speed of a glacier, implement them. Please bear with me.

USN – meeting to enhance counter-piracy cooperation

clip_image004 The US Navy issued a news release stating that naval leaders from 23 nations and international organizations met in Manama, Bahrain to share information and deconflict counter-piracy efforts off the coast of Somalia. The participants represented: Australia, Bahrain, China, Denmark, France, Germany, India, Italy, Japan, Jordan, the Netherlands, Pakistan, Russia, Seychelles, Singapore, South Korea, Spain, Turkey, UK, US, Yemen, the European Naval Force (EUNAVFOR), and NATO. (5/26/09).

DOS – South Korea endorses PSI Principles

clip_image006 clip_image008 The US Department of State (DOS) issued a news release stating that the Republic of Korea (South Korea) announced its endorsement of the Proliferation Security Initiative (PSI) Principles. PSI participants commit to undertake measures to interdict illicit transfers of WMD-related items. (5/26/09).

NY/NJ – Goethals Bridge replacement project

clip_image010 clip_image012 The US Coast Guard is seeking comments on the Draft Environmental Impact Statement (DEIS) for the Goethals Bridge replacement project. Public meetings will be held in Elizabeth, New Jersey (July 8) and Staten Island, New York (July 9). Written comments should be submitted by July 28. 74 Fed. Reg. 25572 (May 28, 2009).

CNMI – establishing US ports of entry

clip_image014 clip_image016 The US Customs and Border Protection (CBP) is delaying until November 28 the implementation date for establishment of US ports of entry in the Commonwealth of the Northern Mariana Islands (CNMI). This effort will also replace the current Guam Visa Waiver Program with a new Guam-CNMI Visa Waiver Program. 74 Fed. Reg. 25387 (May 28, 2009).

MARAD – ship sunk to create artificial reef off Florida Keys

clip_image018 The Maritime Administration (MARAD) issued a news release stating that the former missile-tracking ship Hoyt S. Vandenberg was sunk near Key West to create an artificial reef. (5/27/09).

Bill introduced to establish Working Waterfront Grant Program

clip_image020 Representative Pingree (D-ME) introduced the Keep America’s Waterfronts Working Act of 2009 (H.R. 2548) to amend the Coastal Zone Management Act of 1972 to require establishment of a Working Waterfront Grant Program, and for other purposes. Text of the bill is not yet available. (5/21/09).

Paris MOU – new port state control inspection system adopted

clip_image022 The Paris MOU issued a press release stating that it adopted the New Inspection Regime (NIR), which will enter into force on 1 January 2011. The NIR includes a risk-based targeting mechanism, so that high-risk ships will be subject to more frequent and more detailed inspections. (5/25/09).

IMO – points of contact for facilitation purposes

clip_image024 The IMO issued a circular forwarding an updated list of contact addresses of the offices of designated national authorities and international organizations for facilitation purposes. FAL.5/Circ.27 (3/9/09).

IMO – documents to be held by MRCCs

clip_image024[1] The IMO issued a circular forwarding an updated list of IMO documents and publications which should be held by a Maritime Rescue Coordination Centre (MRCC). SAR.7/Circ.9 (4/7/09).

IMO – corrections to TSSs

clip_image024[2] The IMO issued a circular providing a corrigenda for the traffic separation schemes (TSSs) at “Off Land’s End, between Seven Stones and Longships” and at “In the Approaches to the River Humber”. COLREG.2/Circ.60/Corr.1 (4/2/09).

Canada – signing of Ship Recycling Convention

clip_image026 Transport Canada issued a media release stating that the Government of Canada and 58 other member States of the International Maritime Organization (IMO) signed the International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 at the diplomatic conference in Hong Kong. (5/27/09).

Hong Kong – submarine cable laying operations

clip_image028 The Hong Kong Marine Department issued a notice stating that with immediate effect until 26 June, submarine cable laying operations will be carried out from Deep Water Bay to waters east of Hong Kong. Notice No. 72 of 2009 (5/27/09).

Singapore – anti-suit injunction denied

clip_image030 The Singapore High Court denied an application for an anti-suit injunction against defendant shipowner. The shipowner and the plaintiff were in a dispute over whether the plaintiff had breached a time charter agreement. The agreement provided for arbitration in Singapore. Defendant shipowner sought and obtained a Rule B attachment of monies of the plaintiff as those monies passed through a bank in New York. Plaintiff then commenced the instant action in Singapore, seeking a court order to terminate the attachment in New York. The Singapore court declined to grant the anti-suit injunction, holding that, on principles of equity and international comity, it was not an injustice to allow defendant in these circumstances to exercise a legal right accorded to it by a foreign jurisdiction. Regalindo Resources Pte Ltd v. Seatrek Trans Pte Ltd [2008] SGHC 74 (5/16/09). Note: This case was brought to my attention by my friend Michael Marks Cohen.

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

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – May 2009

clip_image032 Redistribution permitted with attribution

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