Thursday, December 31, 2009

Bryant’s Maritime Blog – 31 December 2009

Headlines: Arabian Sea – pirate attack; Strait of Singapore – piratical attack thwarted; FMC – complaint filed against Port of Oakland; Calculation of LHWCA average daily wage; Hong Kong – relocation of government mooring buoys; and transitions during 2009.

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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.

Arabian Sea – pirate attack

clip_image004 The NATO Shipping Centre issued an update stating that a merchant vessel came under attack by pirates at 0450 UTC on December 30 in position 1142N 06301E (Arabian Sea). Subsequent attempts to contact the vessel have been unsuccessful. Ships are advised to avoid that immediate area and to maintain maximum CPA with any vessel acting suspiciously. (12/30/09).

Strait of Singapore – piratical attack thwarted

clip_image006 The ReCAAP Information Sharing Centre issued an Incident Alert stating that a product tanker transiting the Strait of Singapore was attacked by pirates in 5 0r 6 small boats. The tanker activated its security alarm and general alarm, engaged in evasive maneuvers, and shined bright lights on the attackers, who broke off after 30 minutes. (12/28/09).

FMC – complaint filed against Port of Oakland

clip_image008 The Federal Maritime Commission (FMC) issued a notice stating that SSA Terminals (SSAT) has filed a complaint asserting that the City of Oakland, acting by and through its Board of Port Commissioners, has violated the Shipping Act of 1984. The complaint alleges that the Port has entered into a lease agreement with a competing terminal that is more favorable in terms of rental and use of marine terminal facilities than those provided to SSAT. Docket No. 09-08 (12/24/09).

Calculation of LHWCA average daily wage

clip_image010 The US Court of Appeals for the Ninth Circuit ruled that, for purposes of the Longshore and Harbor Workers Compensation Act (LHWCA), unworked paid holidays should be included in the calculation of the petitioner’s average daily wage. In the instant case, petitioner was temporarily disabled with a work-related injury for six weeks. In the preceding year, petitioner was paid for ten unworked holidays, in addition to his paid work days. Petitioner argued that “days when so employed” does not include paid unworked holidays. The court concluded that a day so employed includes days for which an employee is paid without regard for whether work was actually performed. Trachsel v. Rogers Terminal & Shipping Corp., No. 08-74397 (9th Cir., December 30, 2009).

Hong Kong – relocation of government mooring buoys

clip_image012 The Hong Kong Marine Department issued a notice stating that it is relocating two government mooring buoys. After the relocations, these buoys will not be available for use during typhoons. Notice No. 178 of 2009 (12/29/09).

Transitions during 2009

January brings a new year, and a new decade. It is also a time to note transitions. It is ironic that January is named for Janus – the Roman god of gates, doors, and beginnings and endings. 2009 seems to have had more than its share of transitions. A number of my friends have retired, many more have changed jobs. On a personal note, I left a major law firm and opened a maritime consultancy, specializing in advising clients on complying with the numerous (and growing) requirements imposed by international, domestic, and regional authorities. Contact me before you get into difficulty. I can assist after you are in trouble, but by then options will have been narrowed. Either way, all the best in the New Year!

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 – December 2009

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