Bryant’s Maritime Blog – 23 September 2009

Headlines: NOSAC meeting; CEQ – Interim Report of Interagency Ocean Policy Task Force; White House – Alan D. Bersin selected as Customs Commissioner; Vicksburg – meetings re proposed hydrokinetic projects; Seattle – radiological and nuclear detection exercise; For purposes of COGSA, merchants are not shippers; and UK – quality of rivers in England and Wales.

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NOSAC – meeting

The National Offshore Safety Advisory Committee (NOSAC), sponsored by the US Coast Guard, will meet in Ocean Springs, Mississippi on November 5. Topics on the agenda include: IMO standards and activities; implementation of MARPOL Annex II; employment of foreign workers on the OCS; evacuation of injured workers from remote facilities; and advance notice of arrival on the OCS. 74 Fed. Reg. 48580 (September 23, 2009).

CEQ – Interim Report of Interagency Ocean Policy Task Force

The Council on Environmental Quality (CEQ) seeks comments on the Interim Report of the Interagency Ocean Policy Task Force. Comments should be submitted by October 17. 74 Fed. Reg. 48521 (September 23, 2009).

White House – Alan D. Bersin selected as Customs Commissioner

The White House issued a press release stating that President Obama intends to nominate Alan D. Bersin to serve as Commissioner, US Customs and Border Protection (CBP). Mr. Bersin currently serves as Assistant Secretary of International Affairs, Department of Homeland Security. (9/22/09).

Vicksburg – meetings re proposed hydrokinetic projects

The US Coast Guard issued a news release stating that public meetings will be held in Vicksburg on September 28 and 29 to examine proposed hydrokinetic projects along the Mississippi River. (9/21/09).

Seattle – radiological and nuclear detection exercise

The US Coast Guard issued a news release stating that, on September 24, it and other enforcement agencies will conduct a radiological and nuclear detection exercise on Puget Sound. (9/18/09).

For purposes of COGSA, merchants are not shippers

The US Court of Appeals for the Ninth Circuit ruled that merchants are not entitled to the protection accorded shippers under the Carriage of Goods by Sea Act (COGSA) for damages caused by the cargo and that foreign law may be applicable to determination of whether the prevailing party is entitled to recovery of attorneys’ fees. In the instant case, plaintiff carrier sued defendant merchants for damages incurred in cleaning up its vessel when a shipment of aerosol hair mousse and hair spray leaked during transport. Defendants asserted that they were not negligent and were thus entitled to the protection accorded non-negligent shippers under COGSA. The court held that, since the defendants had not provided the cargo to the carrier for shipment that they were not shippers for purposes of COGSA. The court also ruled that, since the bill of lading specifically provided that Singapore law applied to all issues that were not controlled by COGSA and since COGSA does not address attorneys’ fees, entitlement to such fees should be determined in accordance with Singapore law. APL Co. Pte. Ltd. v. U.G. Co., Inc., No. 07-16739 (9th Cir., September 21, 2009).

UK – quality of rivers in England and Wales

The UK Environment Agency issued a news release stating that the quality of rivers in England and Wales is at its highest for over a century. (9/22/09).

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 – September 2009

Redistribution permitted with attribution