Monday, November 23, 2009

Bryant’s Maritime Blog – 23 November 2009

Headlines: UN – anti-piracy efforts must deal with root causes; EP – briefing on counter-piracy Operation Atalanta; Indonesia – attack on tanker; USCG – conditions of entry re Madagascar; OFAC – amendments to economic sanctions re Sudan & Iran; EPA – air emissions regulations under OMB review; NOAA – PORTS extended to Cherry Point Reach in Washington State; Alaska – ISO experts in cruise ship wastewater treatment technology; California – proposed amendments to financial responsibility regulations; Wisconsin – ballast water treatment requirement; USN – aircraft carrier available for donation; and Thanksgiving.

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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.

UN – anti-piracy efforts must deal with root causes

clip_image004 The United Nations (UN) issued a news release stating that the UN envoy to Somalia warned that piracy off Somalia’s coast is a symptom of wider problems ashore and any strategy to tackle piracy must also deal with its root causes and strengthen regional capacity. (11/18/09).

EP – briefing on counter-piracy Operation Atalanta

clip_image006 The European Parliament (EP) issued a news release stating that Members of Parliament were briefed by Operation Commander Rear-Admiral Peter Hudson of Britain’s Royal Navy regarding Operation Atalanta and its counter-piracy program in waters of the Indian Ocean off the coast of Somalia. (11/19/09).

Indonesia – attack on tanker

clip_image008 The ReCAAP Information Sharing Centre issued an Incident Alert stating that a tanker underway near Anambas Island, Indonesia was boarded by seven robbers armed with knives and short swords. When they were unable to enter the locked accommodation space and the ship’s alarm was sounded, the robbers fled in their fishing boat. (11/19/09).

USCG – conditions of entry re Madagascar

clip_image010 The US Coast Guard issued an advisory stating that, effective December 4, it is imposing conditions of entry on vessels arriving to the United States from Madagascar, with the exception of vessels arriving from the port of Toamasina (also known as Tamatave) during their last five port calls. The advisory also includes a complete list of all foreign nations for which conditions of entry into the United States have been established. In summary, each affected vessel must: (1) implement the Security Level 2 measures from its ship security plan while in a port in a listed nation; (2) ensure that each access point is guarded and that guards have total visibility of the exterior of the vessel while in a port in a listed nation; (3) attempt to execute a Declaration of Security while in a port in a listed nation; (4) log all security actions; and (5) report actions taken to the pertinent USCG Captain of the Port [COTP] prior to arrival in the US. Port Security Advisory 10-09 (November 20, 2009).

OFAC – amendments to economic sanctions against Sudan & Iran

clip_image012 The US Office of Foreign Assets Control (OFAC) issued interim amendments to its Sudanese Sanctions Regulations and its Iranian Sanctions Regulations. The amendments, which come into effect immediately, relate to the Trade Sanctions Reform and Export Enhancement Act of 2000. The policy is clarified with respect to the process for issuing one-year licenses to export agricultural commodities, medicine, and medical devices. Comments on these interim amendments should be submitted by January 22, 2010. 74 Fed. Reg. 61030 (November 23, 2009).

EPA – air emissions regulation under OMB review

clip_image014 The draft final rule of the Environmental Protection Agency (EPA) for control of air emissions from new marine compression-ignition engines at or above 30 liters per cylinder is under review by the Office of Management and Budget (OMB). The proposed rule was published in the Federal Register on August 28, 2009. While the proposal largely followed the IMO standards for emission control areas (ECAs), it was somewhat controversial because it proposed banning the sale of high-sulphur fuel oil in the United States, even to ships with technology to scrub the emissions. The final rule is scheduled for publication on December 17. (11/18/09).

NOAA – PORTS extended to Cherry Point Reach in Washington State

clip_image016 The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that its Physical Oceanographic Real-Time System (PORTS) is now operational for waters of the Cherry Point Reach in Washington State. PORTS provides real-time information on water and weather conditions and is accessible online or via the telephone. (11/20/09).

Alaska – ISO experts in cruise ship wastewater treatment technology

clip_image018 The Alaska Department of Environmental Conservation issued a press release stating that it is in search of experts in existing and emerging cruise ship wastewater treatment technology to serve on an 11-member science advisory panel. A letter of interest and resume should be submitted by November 30. (11/17/09).

California – proposed amendments to COFR regulations

clip_image020 The California Office of Spill Prevention and Response (OSPR) proposes to amend its oil spill financial responsibility regulations. The primary purpose of the amendments is to account for recent changes to the federal certificate of financial responsibility (COFR) program and to update other relevant material. There will be a public hearing in Sacramento on December 16. Written comments should be submitted by December 16. (9/25/09).

Wisconsin – ballast water treatment requirement

clip_image022 The Wisconsin Department of Natural Resources (WDNR) issued a news release stating that it will start regulating ballast water discharges of oceangoing ships at the beginning of the next shipping season, February 1, 2010. Starting January 1, 2012, new oceangoing ships will be required to meet numerical standards that are 100 times more stringent than the IMO standards. Those same standards will be applied to existing oceangoing ships commencing January 1, 2014. If, by December 31, 2010, the WDNR determines that no available technology meets the new standards, it will apply the IMO standards. (11/19/09).

USN – aircraft carrier available for donation

clip_image024 The US Navy issued a notice stating that the aircraft carrier ex-John F. Kennedy (CV 67), currently located in Philadelphia, is available for donation. A letter of intent and executive summary must be submitted within 60 days. 74 Fed. Reg. 61139 (November 23, 2009). Note: This development may present a major opportunity for those who wish to ratchet up the counter-piracy program in the Indian Ocean.


clip_image026 This coming Thursday, November 26, is commemorated as Thanksgiving Day in the United States (Canadian’s celebrated Thanksgiving on October 12, keeping ahead of their southern neighbors). Thanksgiving is a non-sectarian religious harvest festival, recognized mostly in North America. It has become somewhat unique in recent times for retaining its family-centric characteristics. I, for one, will be with my family this Thursday – not publishing this newsletter (for which some of my long-suffering readers will be truly thankful).

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 – November 2009

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