Wednesday, June 17, 2009

Bryant’s Maritime Blog – 17 June 2009

Headlines: USCG Port Security Advisory re piracy; USCG – IMO Voluntary Member State Audit; Singapore – recommendation for MSDS for MARPOL Annex I oil; Safety alert re avoiding propulsion loss from fuel switching; MMS – safety and environmental management system proposed; NOSAC meeting; East River tidal energy project; DOD – North Korean compliance with Security Council resolution sought; FMC seeks dismissal of challenge to LA/LB Clean Trucks Program; Florida seaport security bill signed into law; Washington contract for stand-by tug extended; Piracy update; and EMSA – maritime accident review.

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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.

USCG – Port Security Advisory re piracy

clip_image004 The US Coast Guard posted Port Security Advisory (2-09) relating to measures to reduce the risks presented by piratical attacks on merchant vessels. The Advisory is basically a sanitized version of Maritime Security (MARSEC) Directive 104-6 (Rev. 2). The major omission in this version is the list of high risk waters. The measures included in the Advisory are required to be implemented by US-flag vessels operating in high risk waters and may be considered for implementation by foreign-flag vessels. (5/22/09).

USCG – IMO Voluntary Member State Audit Scheme

clip_image004[1] clip_image006 In accordance with IMO guidelines, the United States recently underwent an audit of its marine safety programs. The goal of the audit program is to ensure that member states are fulfilling their IMO mandatory instrument obligations to which they are signatory as well as to evaluate overall effectiveness. The US Coast Guard posted the 10-page Audit Summary Report and the 52-page Audit Final Report. (5/28/09).

Singapore – recommendation for MSDS for MARPOL Annex I oil

clip_image008 clip_image009 The Singapore Maritime and Port Authority (MPA) issued a circular advising owners, operators, and masters that the recent session of the IMO Maritime Safety Committee (MSC) adopted a revised recommendation for Material Safety Data Sheets (MSDS) for MARPOL Annex I type oil carried as cargo in bulk or as marine fuel oil. Masters should require that the revised MSDS be provided when such oil is received as either cargo or fuel, because, effective 1 July 2009, port state control (PSC) officers may require such documents be provided during boardings. Shipping Circular No. 20 of 2009 (6/11/09). Note: This new requirement, which originated at IMO, not at the Singapore MPA, has an impossible effective date. The MSDS would normally come on board the ship with (or prior to) the loading of the cargo or bunkers. There are already ships underway with scheduled port calls on or after 1 July that loaded cargo and/or bunkers prior to the adoption of this resolution (which has yet to be officially promulgated by the IMO). If the law requires the ship to have such an updated MSDS as of 1 July, it is not only unreasonable, but also probably violates the Due Process Clause of the US Constitution. With respect to the effective date, it is hoped that wiser heads prevail in the actual implementation of this requirement than apparently were involved in its final development.

USCG – safety alert re avoiding propulsion loss from fuel switching

clip_image004[2] The US Coast Guard issued a Safety Alert providing recommendations to owners, operators, and masters to reduce the risk of loss of propulsion associated with fuel oil switching. The Coast Guard also posted a paper developed by the American Petroleum Institute (API) entitled “Technical Considerations of Fuel Switching Practices”. (6/16/09).

MMS – safety and environmental management system proposed

clip_image011 The Minerals Management Service (MMS) proposes to require operators to develop and implement a Safety and Environmental Management System to address oil and gas operations in the US Outer Continental Shelf (OCS). The system would consist of four elements: (1) hazard analysis; (2) management of change; (3) operating procedures; and (4) mechanical integrity. Comments on this proposal should be submitted by September 15. 74 Fed. Reg. 28693 (June 17, 2009).

NOSAC – meeting

clip_image012 The National Offshore Safety Advisory Committee (NOSAC), sponsored by the US Coast Guard, will conduct a teleconference meeting on July 8. Topics on the agenda include: draft guidelines on carriage of noxious liquid substances; medical treatment of injured workers on OCS facilities; and foreign citizens engaged in OCS activities. 74 Fed. Reg. 28715 (June 17, 2009).

FERC – East River tidal energy project

clip_image014 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it received a notice of intent to file a license application for a hydrokinetic pilot project to be located in the East River at Hell Gate in New York City. Comments should be submitted by July 10. 74 Fed. Reg. 28681 (June 17, 2009).

DOD – North Korean compliance with Security Council resolution sought

clip_image016 clip_image018 The Department of Defense issued a news release stating that the United States seeks compliance by North Korea with the recent United Nations Security Council resolution aimed at stopping that nation’s proliferation activities. If a North Korean ship is suspected of carrying banned cargo, permission will be requested from North Korea to board and inspect the vessel. (6/16/09).

FMC – dismissal sought of challenge to LA/LB Clean Trucks Program

clip_image020 The Federal Maritime Commission (FMC) issued a news release stating that it filed a motion in federal court seeking dismissal of its challenge to the Ports of Los Angeles and Long Beach (LA/LB) Clean Trucks Agreement. Dismissal has been sought due to changed circumstances, including the unrelated litigation involving the American Trucking Association (ATA). (6/16/09).

FMC – petition for rulemaking dismissed

clip_image020[1] The Federal Maritime Commission (FMC) issued an Order denying a petition for a rulemaking, declaratory order, or other appropriate relief regarding an industry practice involving domestic inland movements. The Commission found that petitioners have made no showing of hardship or injustice and acceptance of petitioners’ position would not further the expeditious conduct of Commission business. Docket No. 08-07 (6/15/09).

OGMSA – streamlining information sharing

The Office of Global Maritime Situational Awareness (OGMSA) will conduct a workshop in Washington, DC on June 17 on Transforming Interagency Information Sharing. This is an internal federal government get-together. Its goal is to better integrate the vast amount of information collected by the government from the maritime community. One possible result is that there may be a reduction in the amount of information that the maritime community has to submit multiple times to various federal agencies. This will be followed by the Global Maritime Information Sharing Symposium in Washington, DC on September 15-17. The GMISS event is intended to bring the industry prospective into government policy and is open to the maritime industry. (6/16/09).

Florida – seaport security bill signed into law

clip_image022 The Office of the Governor of Florida issued a news release stating that Governor Crist signed into law House Bill 7141, which reduces the cost of doing business by eliminating unnecessary and redundant security reviews for persons working at waterfront facilities in Florida. (6/15/09).

Washington – contract for stand-by tug extended

clip_image024 The Washington State Department of Ecology issued a news release stating that the contract for the emergency response stand-by tug at Neah Bay in the Strait of Juan de Fuca has been extended through June 30, 2010. At that point, plans call for funding of the tug to shift from the public sector to the maritime industry. (6/16/09).

EU MSC(HOA) – piracy update and video

clip_image026 The European Union – Maritime Security Centre (Horn of Africa) [EU MSC(HOA)] issued a press release containing an update on recent changes and a 5-minute 34-second video summarizing its operations. (6/16/09).

EMSA – maritime accident review

clip_image026[1] The European Maritime Safety Agency (EMSA) issued a press release stating that its second annual Maritime Accident Review (covering the year 2008) has been completed. It shows that 754 vessels were involved in 670 accidents in and around European waters during the year. In addition, 82 seafarers were reported to have lost their lives on ships operating in and around EU waters. (6/16/09).

Singapore – financial assistance for bunker surveying companies

clip_image027 The Singapore Maritime and Port Authority issued a news release stating that it will grant a 30% financial relief to bunker surveying companies on the assessment fee when they attain their accreditation credentials. From 1 January 2010, all bunker surveyors must be employed by accredited companies. Applications for accreditation must be submitted by 31 December 2009. (6/16/09).

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 – June 2009

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