Tuesday, July 21, 2009

Bryant’s Maritime Blog – 21 July 2009

Headlines: DOJ – prison sentence for Cosco Busan pilot; Great Lakes – increase in pilotage rates; Great Lakes – pilotage ratemaking methodology; TSA – revision of enforcement procedures; MARAD – Port Dolphin LNG DWP – corrections; Baton Rouge Waterways Action Plan Annex; NOSAC membership; USCG licensing customer survey; USCG – keel laying for third National Security Cutter; CBO – options for combining USN & USCG small combatant programs; Lake Texoma – voluntary commercial passenger vessel safety inspections; and New Zealand – review of maritime qualifications and operational limits.

Jclip_image002
Bryant’s Maritime Consulting - 4845 SW 91st Way - Gainesville, FL 32608-8135 - USA

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

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

DOJ – prison sentence for Cosco Busan pilot

clip_image004 The US Department of Justice (DOJ) issued a news release stating that the pilot who was serving on the container ship Cosco Busan when it allided with the abutment of the San Francisco-Oakland Bay Bridge on November 7, 2007 has been sentenced to serve 10 months in federal prison. He had previously pleaded guilty to negligently causing the discharge of a harmful quantity of oil and to violation of the Migratory Bird Treaty Act. The allision resulting in the discharge of approximately 53,000 gallons of fuel oil into San Francisco Bay. It resulted in the deaths of approximately 2,400 birds. Clean-up costs have been estimated to exceed $70 million. (7/17/09).

Great Lakes – increase in pilotage rates

clip_image006 The US Coast Guard issued a final rule increasing the rates for pilotage service on the Great Lakes by an average of 10.77% over the rates that took effect on February 4, 2009. This change reflects an August 1, 2009 increase in benchmark contractual wages and benefits, as well as an increase in the ratio of pilots to “bridge hours”. The Coast Guard intends the increase to generate sufficient revenue to cover allowable expenses, target pilot compensation, and returns on investment. The increase comes into effect on August 1. 74 Fed. Reg. 35812 (July 21, 2009).

Great Lakes – pilotage ratemaking methodology

clip_image006[1] The US Coast Guard seeks comments on the adequacy of existing regulations that provide the methodology for reviewing and adjusting rates for pilots on US waters of the Great Lakes. These comments are sought in order to obtain a better understanding of how well Great Lakes shippers, Great Lakes pilots, and the general public think these formulas represent the realities of commercial shipping on the Great Lakes and fairly balance competing considerations. Comments should be received by October 19. 74 Fed. Reg. 35838 (July 21, 2009).

TSA – revision of enforcement procedures

clip_image008 The Transportation Security Administration (TSA) issued an interim final rule revising its Investigative and Enforcement Procedures to conform to the Implementing Recommendations of the 9/11 Commission Act of 2007. The rule establishes procedures by which TSA may assess civil penalties for violations of any statutory requirement administered by TSA, including Transportation Worker Identification Credential (TWIC) requirements. The revisions come into effect on August 20. Comments on this rulemaking should be submitted by September 21. 74 Fed. Reg. 36029 (July 21, 2009).

MARAD – Port Dolphin LNG DWP - corrections

clip_image010 The Maritime Administration (MARAD) issued a notice correcting its prior notice regarding the Port Dolphin liquefied natural gas (LNG) deepwater port (DWP) license application. In the earlier notice, the project’s docket number was wrong. The correct docket number is: USCG-2007-28532. The closing date for the public comment period was also wrong. The correct date by which all public comments must be received is August 27, 2009. 74 Fed. Reg. 35905 (July 21, 2009).

USCG – Baton Rouge Waterways Action Plan Annex

clip_image006[2] The US Coast Guard issued a notice stating that it will host a meeting in Baton Rouge on July 30 to receive public comments on the Baton Rouge Waterways Action Plan Annex. Written comments should be received by August 31. The Annex explains the roles of various stakeholders involved in marine traffic on the waterways, particularly in varying river conditions. 74 Fed. Reg. 35882 (July 21, 2009).

USCG – NOSAC membership

clip_image011 The US Coast Guard seeks applications for membership on the National Offshore Safety Advisory Committee (NOSAC), which advises the service on matters affecting the offshore industry. Applications must be received by November 30. 74 Fed. Reg. 35882 (July 21, 2009).

USCG – licensing customer survey

clip_image006[3] The US Coast Guard is conducting a licensing customer survey via its Homeport website. You are invited to participate and comment on your recent experience with the Coast Guard process for processing merchant mariner document applications. (7/17/09).

USCG – keel lying for third National Security Cutter

clip_image006[4] The US Coast Guard issued a news release stating that the keel was laid for the third National Security Cutter – the USCGC Stratton. The cutter is named for Captain Dorothy Stratton, who directed the Coast Guard Women’s Reserve, or SPARs, during World War II. First Lady Michelle Obama is serving as the ship’s sponsor. (7/20/09).

CBO – options for combining USN & USCG small combatant programs

clip_image013 clip_image015 clip_image011[1] The Congressional Budget Office (CBO) issued a paper on Options for Combining the Navy’s and Coast Guard’s Small Combatant Programs. The paper compares the missions of the two programs and considers the possibility of using one basic ship design to accomplish the differing missions. The paper makes no recommendations. (7/17/09).

Lake Texoma – voluntary commercial passenger vessel safety inspections

clip_image006[5] The US Coast Guard issued a news release stating that it will be conducting voluntary commercial passenger vessel safety inspections on Lake Texoma (on the Texas-Oklahoma border) on July 23-28. Owners of commercial passenger vessels operating on the lake should contact the Coast Guard in advance to schedule inspections. (7/20/09).

New Zealand – review of maritime qualifications and operational limits

clip_image017 Maritime New Zealand issued a media release stating that its two-year review of maritime qualifications and the operational limits linked to them has been launched. The review will include visits to nine regions of the country and interviews with more than 150 representatives of the maritime community. (7/20/09).

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

USA

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

http://brymar-consulting.com

© Dennis L. Bryant – July 2009

clip_image019 Redistribution permitted with attribution

3 comments:

  1. Dennis,

    I have vague recollections from my youth that the women Captain Stratton was in charge of were referred to as SPARs--as in Semper Paratus, Always Ready. But then, I'm just a superannuated Navy puke, so maybe I'm mistaken.

    Regards,
    John

    ReplyDelete
  2. Dennis,

    Regarding TSA's civil penalty rule, do you have any feel for how the overlapping jurisdictions of TSA and the USCG over TWIC and SSI violations at MTSA-regulated entities will be handled?

    Regards,

    John

    ReplyDelete
  3. John,
    If the violation relates to the application for a TWIC card or its initial receipt, then TSA should handle it. If the violation relates to use of the the TWIC card, then the USCG should handle it. There are certain to be gray areas where either agency could take the lead. I suspect that the Coast Guard will take most of these mixed cases, since it will probably be the first agency to discover the suspected violation.

    ReplyDelete