Thursday, September 3, 2009

Bryant’s Maritime Blog – 3 September 2009

Headlines: USCG – incorporating TWIC into existing physical access control systems; UNCITRAL – Rotterdam Rules colloquium and signing ceremony; USCG & NOAA – definition of “marine debris”; Massachusetts Bay – taking of marine mammals at LNG facility; USCG – recertification of CIRCAC; New Orleans – hurricane contingency port plan; New Orleans – eNOA/D update; Australia – offshore oil leak update; and New Zealand – process for review of Customs seizure.

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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 – incorporating TWIC into existing physical access control systems

clip_image004 The US Coast Guard issued a revised policy statement with regard to incorporating the Transportation Worker Identification Credential (TWIC) into existing physical access control systems. This statement expands and clarifies guidance provided previously. Once a TWIC is verified to be valid, and until a final rule requiring use of TWIC readers as an access control measure comes into effect, a company-issued local access card can be used for unescorted access to secure areas if certain conditions are met. Among other things, identity verification must be performed to ensure the individual presenting the company-issued local access card is the individual authorized unescorted access. This means that a match of the photo on the company card to the individual must occur. TWIC PAC 08-09, Change 1 (8/31/09).

UNCITRAL – Rotterdam Rules colloquium and signing ceremony

clip_image006 The United Nations Commission on International Trade Law (UNCITRAL) issued a notice stating that its colloquium on the Rotterdam Rules will be held on September 21 and the official signing ceremony for the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea will be on September 23. (9/2/09). Note: The small print indicates that on the evening of September 22 there will be a guided tour of local Rotterdam pubs. It is unclear what impact, if any, this will have on attendance at the next-day’s ceremony.

USCG & NOAA – definition of “marine debris”

clip_image004[1] clip_image008 The US Coast Guard and the National Oceanic and Atmospheric Administration (NOAA) have defined “marine debris” for purposes of the Marine Debris Research, Prevention, and Reduction Act as any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes. This rule comes into effect on October 5. 74 Fed. Reg. 45555 (September 3, 2009).

Massachusetts Bay – taking of marine mammals at LNG facility

clip_image008[1] The National Oceanic and Atmospheric Administration (NOAA) issued a notice stating that it issued an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to operation of an offshore liquefied natural gas (LNG) deepwater port (DWP) facility by Northeast Gateway Energy Bridge in Massachusetts Bay. 74 Fed. Reg. 45613 (September 3, 2009).

USCG – recertification of CIRCAC

clip_image004[2] The US Coast Guard has recertified the Cook Inlet Regional Citizen’s Advisory Council (CIRCAC) as an alternative voluntary advisory group for Cook Inlet, Alaska in accordance with the Oil Pollution Act of 1990 (OPA 90). 74 Fed. Reg. 45648 (September 3, 2009).

New Orleans – hurricane contingency port plan

clip_image004[3] The US Coast Guard Sector New Orleans issued a Marine Safety Information Bulletin reminding vessel operators that the Inner Harbor Navigation Canal (IHNC); the area of the Harvey Canal located between the Lapalco Bridge and the Algiers Alternate Route; and the Algiers Canal are not approved safe havens during the heavy weather. All floating vessels must be removed from these areas whenever Port Condition Yankee or Port Condition Zulu has been designated by Captain of the Port (COTP) New Orleans. (8/18/09).

New Orleans – eNOA/D update

clip_image009 In coordination with the US Customs and Border Protection (CBP) New Orleans Field Office, the US Coast Guard Sector New Orleans issued a Marine Safety Information Bulletin providing stakeholders with a clarification on the time of submission of the electronic Notice of Arrival/Departure (eNOA/D) for the Port of New Orleans. Because of the unique layout and operations of the Port, including lengthy transit times, multiple anchorages and berths, and numerous operations within the Tri-Port Area, it is paramount that all vessels required to transmit an eNOA/D that enter the Sector New Orleans COTP Zone via the mouth of the Mississippi River at Southwest Pass must submit their eNOA/D showing the arrival date and time of the first place that they intend to anchor or moor. In addition, it is imperative that the “Arrival Port/Place” field show only the CBP port in which the vessel plans to do CBP business (i.e., New Orleans, Gramercy, or Baton Rouge). (8/20/09).

Australia – offshore oil leak - update

clip_image011 The Australian Maritime Safety Authority (AMSA) issued an update stating that it continues its response to the oil leak off the Western Australia coast. Satellite technology shows that the oil remains some 180 km off the shore. Dispersants continue to be applied. (9/1/09).

New Zealand – process for review of Customs seizure

clip_image013 The New Zealand Customs Service issued a news release advising that the process for review of a Customs seizure is being changed, effective 24 September. Henceforth, persons wishing to contest or obtain relief from seizure must apply in writing to the Chief Executive of the Customs Service for a review of seizure. The application must be made within 20 working days from the date that the seizure notice was given to the applicant. Application may be made on either or both of the grounds that: (1) there was no legal basis for seizure; or (2) in the circumstances the applicant should be granted relief. (9/2/09).

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 – September 2009

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