Thursday, October 15, 2009

Bryant’s Maritime Blog – 15 October 2009

Headlines: OFAC – enforcement action; USCG – extension of unescorted access policy; USCG – ballast water standards – extension of comment period; MARAD- VISA Program – open season for enrollment; FMC – agenda for October meeting; Portsmouth Naval Shipyard – maritime speed limit; NBSAC meeting; Straits of Malacca and Singapore – Co-operative Mechanism; IMO – discharge of passenger ship waste water; and IMO – guidance on managing spoilt cargoes.

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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.

OFAC – enforcement action

clip_image004 The US Office of Foreign Assets Control (OFAC) released a summary of civil penalties assessed during September for violation of its economic sanction regulations. A shipping agency was assessed a civil penalty of $84,000 in an agreed settlement of allegations of violations of the Iranian Transactions Regulations. OFAC alleged that the shipping agency was involved in payment of port expenses for a vessel’s port call in Bandar Mahshahr without an OFAC license. (10/1/09). Note: This civil penalty action highlights the difficulties encountered by entities and persons subject to US jurisdiction when their trade or business also involves a nation against which the US has imposed economic sanctions. Great care must be exercised so as to avoid inadvertent violations.

USCG – extension of unescorted access policy

clip_image006 The US Coast Guard issued an updated policy regarding unescorted access for individuals awaiting receipt of a replacement Transportation Worker Identification Credential (TWIC). The previous policy limited such unescorted access to no longer than seven days. Because some individuals are not receiving their replacement TWIC within that period of time, the policy is being changed to allow such unescorted access for no longer than 30 days. The individual must show that the replacement TWIC has been ordered and must provide the VSO, FSO, or other designated employee with security duties, the individual’s first and last names and application ID. PAC 03-09 Change 3 (10/13/09).

USCG – ballast water standards – extension of comment period

clip_image006[1] The US Coast Guard has extended, until December 4, the period within which to submit comments on its proposed standards for living organisms in ships’ ballast water discharged in US waters. 74 Fed. Reg. 52941 (October 15, 2009).

MARAD – VISA program – open season for enrollment

clip_image008 The Maritime Administration (MARAD) issued a notice stating that the open season for enrollment in Voluntary Intermodal Sealift Agreement (VISA) program will extend for the next 60 days. 74 Fed. Reg. 53000 (October 15, 2009).

FMC – agenda for October meeting

clip_image010 The Federal Maritime Commission (FMC) issued the agenda for its meeting on October 21. Matters to be considered during the open session are: (1) discussion of the Court of Appeals mandate in Landstar; and (2) briefing on the conclusion of the FY 2009 budget. During the closed session, the Commission will consider, among other things, the evidence of financial responsibility for Lindblad Expeditions. (10/14/09).

Portsmouth Naval Shipyard – maritime speed limit

clip_image011 The US Coast Guard issued a news release stating that it has established a five-knot speed limit on the Piscataqua River near the Portsmouth Naval Shipyard on Seavey Island, Maine from October 15 through November 15 while Navy divers conduct underwater operations there. (10/14/09).

NBSAC – meeting

clip_image011[1] The National Boating Safety Advisory Council (NBSAC), sponsored by the US Coast Guard, will meet in Arlington, Virginia on October 31-November 2. 74 Fed. Reg. 52971 (October 15, 2009).

Straits of Malacca and Singapore – Co-operative Mechanism

clip_image013 clip_image015 clip_image017 clip_image019 The Singapore Maritime and Port Authority (MPA) issued a news release stating that the governments of Indonesia, Malaysia, and Singapore have concluded a Joint Technical Arrangement (JTA) with the IMO to institutionalize an IMO Trust Fund that supports cooperation among stakeholders toward enhancing safety and marine environment protection in the Straits of Malacca and Singapore. The Co-operative Mechanism currently addresses six projects: (1) removal of wrecks in the Straits; (2) enhancing preparedness and response capability against hazardous and noxious substances (HNS) incidents; (3) demonstration trials of AIS Class B transponders; (4) wind, tide, and current measurement system; (5) replacement and maintenance of aids to navigation; and (6) replacement of navigation aids damaged by the tsunami off Sumatra. (10/14/09).

IMO – discharge of passenger ship waste water

clip_image020 The IMO released a circular encouraging all passenger vessels navigating in semi-closed and closed sea areas which are threatened by eutrophication to refrain from discharging their waste water into the sea and to dispose of it only in port reception facilities, if available. MEPC.1/Circ.685 (8/18/09).

IMO – guidance on managing spoilt cargoes

clip_image020[1] The IMO released a circular forwarding guidance on managing spoilt cargoes. MEPC.1/Circ.688 (9/4/09).

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 – October 2009

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