Bryant’s Maritime Blog – 11 August 2009

Headlines: NATO – Somali pirates release tug and crew; EU – container ship released by pirates is escorted into port; DHS – QHSR dialogue; Bill introduced re customs facilitation and trade enforcement; Bill introduced re marine shipping in the Arctic; Bill introduced re Arctic Ocean research; Bill introduced re increased maritime activity in the Arctic; Claims for Katrina damages barred by lack of subject matter jurisdiction; LHWCA allows recovery of appellate attorney’s fees; IMO – protective coating maintenance and repair; IMO – good practice for port reception facility providers and users; Panama Canal – summary of July operations; and Rotterdam Rules – analysis.

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NATO – Somali pirates release tug and crew

The NATO Shipping Centre issued an update stating that an Italian tugboat and its crew of 16, seized by Somali pirates off the Gulf of Aden on April 11, has been released and is now being escorted to the port of Djibouti. (8/11/09).

EU – container ship released by pirates is escorted into port

The European Union (EU) Maritime Security Centre-Horn of Africa (MSC-HOA) issued a press release stating that the container ship Hansa Stavanger, which was released by Somali pirates on August 3, has been escorted safely into the port of Mombasa by the EU NAVFOR ship FGS Brandenburg. (8/9/09).

DHS – QHSR dialogue

The National Dialogue on the Quadrennial Homeland Security Review (QHSR) has completed its first phase. Over 10,000 stakeholders participated in this outreach effort. Contributions and comments may be viewed by clicking on any one of the six major subject areas of the dialogue. The second phase of the dialogue, running from August 31 through September 6, will be interactive, asking participants to set priorities for homeland security and to comment directly on other participants’ thoughts and ideas. (8/10/09).

Bill introduced re customs facilitation and trade enforcement

Senator Baucus (D-MT) introduced the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009 (S. 1631) to reauthorize customs facilitation and trade enforcement functions and programs, and for other purposes. Official text of the bill is not yet available, but an advance copy of the bill is linked hereto. If enacted into law, the bill would increase the emphasis accorded to customs facilitation and trade enforcement by establishing senior positions in US Customs and Border Protection (CBP) focused on these programs. It would also require development and implementation of additional trade benefits for participation in the Customs-Trade Partnership Against Terrorism (C-TPAT) program. (8/6/09).

Bill introduced re marine shipping in the Arctic

Senator Begich (D-AK) introduced the Arctic Marine Shipping Assessment Implementation Act of 2009 (S. 1561) to ensure safe, secure, and reliable marine shipping in the Arctic, including the availability of aids to navigation, vessel escorts, oil spill response capability, and maritime search and rescue in the Arctic, and for other purposes. This bill, if enacted into law, would encourage the Secretary of State to establish agreements with other Arctic nations regarding aids to navigation, charts icebreaking, spill prevention, and other maritime activities in Arctic waters. It would also require an independent analysis of future Coast Guard mission requirements in polar regions; require vessel traffic risk assessments for the Bering Strait and Arctic Ocean waters adjacent to Alaska; require consideration of establishment of a Central Bering Sea Harbor of Refuge and an Arctic deep water sea port; direct the transfer of funds for icebreaking services from the National Science Foundation to the US Coast Guard; and authorize funding for design, construction, and operation of two new polar class icebreakers. (8/3/09).

Bill introduced re Arctic Ocean research

Senator Begich (D-AK) introduced the Arctic Ocean Research and Science Policy Review Act of 2009 (S. 1562) to provide for a study and report on research on the United States Arctic Ocean and for other purposes. (8/3/09).

Bill introduced re increased maritime activity in the Arctic

Senator Begich (D-AK) introduced the Arctic Oil Spill Research and Prevention Act of 2009 (S. 1564) to enhance the readiness of the United States to deal with increased maritime and development activity in the Arctic as a result of climate change, and for other purposes. If enacted into law, the bill would require the Coast Guard to assess the risk and take action to improve its capability to respond to a maritime disaster in US Arctic waters and require the National Oceanic and Atmospheric Administration (NOAA) to assess oil spill prevention, response and recovery in Arctic waters. (8/3/09).

Claims for Katrina damages barred by lack of subject matter jurisdiction

In an unpublished decision, the US Court of Appeals for the Fifth Circuit ruled that former residents of the Lower Ninth Ward in New Orleans who incurred damages as a result of Hurricane Katrina are barred from bringing suit against the federal government for failure to exhaust administrative remedies as required by the Federal Tort Claims Act (FTCA) and the Admiralty Extension Act (AEA). Plaintiffs’ assertion of jurisdiction under the Suits in Admiralty Act (SAA) failed because their injuries did not occur on navigable waters. In re Ingram Barge Company, No. 08-30626 (5th Cir., August 10, 2009).

LHWCA allows recovery of appellate attorney’s fees

The US Court of Appeals for the Ninth Circuit ruled that petitioners who successfully brought suit against their employers under the Longshore and Harbor Workers’ Compensation Act (LHWCA) are entitled to recovery of appellate attorney’s fees. Christensen v. Office of Workers Compensation Programs, No. 07-70247 (9th Cir., August 10, 2009).

IMO – protective coating maintenance & repair

The IMO issued a circular forwarding guidelines for maintenance and repair of protective coatings. MSC.1/Circ.1330 (6/11/09).

IMO – good practice for port reception facility providers and users

The IMO issued a circular forwarding a Guide to Good Practice for port reception facility providers and users. The guide is intended to be a practical users’ tool for ships’ crews who seek to deliver MARPOL residues/wastes ashore and for port reception facility providers who seek to provide timely and efficient port reception services to ships. MEPC.1/Circ.671 (7/20/09).

Panama Canal – summary of July operations

The Panama Canal Authority issued an advisory summarizing operations during July. It also includes the schedule of planned locks maintenance work for the remainder of the fiscal year. Advisory 13-2009 (8/5/09).

Rotterdam Rules – analysis

Lawtext Publishing Limited issued a Flyer announcing the impending release of its book: A New Convention for the Carriage of Goods by Sea – The Rotterdam Rules. The book is an analysis of the recently adopted UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea. The Convention is scheduled for a formal signature ceremony in Rotterdam on September 20-23, 2009.

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 – August 2009

Redistribution permitted with attribution