Bryant’s Maritime Blog – 21 January 2010

Headlines: US Supreme Court – petition for certiorari in EFT Rule B case; MSC – Navy Prepositioning Ship loading relief supplies for Haiti; USN – port-clearing ship being sent to Haiti; FMC – regulatory relief for Haitian aid; Ponce – safety zone during crane delivery; IMO – SAR region agreement – Croatia & Italy; IMO – removal of anti-fouling coatings; IMO – ballast water management systems using active substances; ReCAAP – Annual Report for 2009; Canada – support for shortsea shipping; Panama Canal – increase in total Canal transits; and UK – report re fatal accident on diving support vessel.

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US Supreme Court – petition for certiorari in EFT Rule B case

The Shipping Corporation of India filed a petition for certiorari with the US Supreme Court seeking review of the recent decision of the US Court of Appeals for the Second Circuit holding that an electronic funds transfer (EFT) is not subject to attachment under Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure. The appellate court, in Shipping Corporation of India v. Jaldhi Overseas, ruled that EFTs in that case were not attachable under federal maritime law because an EFT is not subject to attachment under New York State law. The petition contends that the appellate court ruling adversely impacts the national uniformity of maritime law. (1/14/10).

MSC – Navy Prepositioning Ship loading relief supplies for Haiti

The Military Sealift Command (MSC) issued a media release stating that a US Navy Maritime Prepositioning Ship is loading cargo in Jacksonville in support of international relief efforts in Haiti. (1/19/10).

USN – port-clearing ship being sent to Haiti

The Department of Defense (DOD) issued a news release stating that a US Navy port-clearing ship equipped with cranes is being sent to Haiti to assist in returning the port facilities at Port-au-Prince to operational status. (1/20/10).

FMC – regulatory relief for Haitian aid

The Federal Maritime Commission (FMC) issued a news release stating that it is exercising its authority under the regulations to permit vessel operating common carriers, non-vessel-operating common carriers, freight forwarders, and marine terminal operators to waive or reduce freight forwarding fees, tariff rates, and charges for charitable shipments to Haiti. (1/19/10).

Ponce – safety zone during crane delivery

The US Coast Guard issued a news release stating that it established a safety zone around a heavy lift ship as it delivers two Super-Post Panamax cranes in Ponce, Puerto Rico. (1/20/10).

IMO – SAR region agreement – Croatia & Italy

The IMO issued a circular forwarding an agreement on search and rescue (SAR) regions by Croatia and Italy. SAR.6/Circ.41 (11/9/09).

IMO – removal of anti-fouling coatings

The IMO issued a circular providing guidance on bet management practices for removal of anti-fouling coatings from ships, including TBT hull paints. LC-LP.1/Circ.31 (11/2/09).

IMO – ballast water management systems using active substances

The IMO issued a circular relating to the upcoming 13th meeting of the GESAMP Ballast Water Working Group regarding ballast water management systems that make use of active substances. BWM.2/Circ.24 (11/23/09).

ReCAAP – Annual Report for 2009

The ReCAAP Information Sharing Centre issued its Annual Report for 2009. It notes a marginal increase in incidents of piracy and armed robbery against ships in Asia in 2009 as compared with 2008. The total number of such incidents increased from 96 to 101. The number of actual incidents decreased slightly, from 83 in 2008 to 83 in 2009. ReCAAP attributes this decrease to vigilance of the crew and pro-active and evasive measures undertaken by masters. (1/20/10).

Canada – support for shortsea shipping

Transport Canada issued a news release stating that a rail barge ramp has been completed at a marine terminal in the Delta. The project, made possible by federal funding, enhances shortsea shipping by allowing the handling of railcars and truck trailers destined to or coming from Vancouver Island and coastal British Columbia locations and traveling by rail. (1/15/10).

Panama Canal – increase in total Canal transits

The issued a press release stating that total Canal transits increased 2% during the first quarter of FY 2010 compared to FY 2009. (1/20/10).

UK – report re fatal accident on diving support vessel

The UK Marine Accident Investigation Branch (MAIB) issued the report of its investigation of a fatal accident on a diving support vessel near Aberdeen, Scotland on 1 April 2009. Work on the vessel’s diving bell emergency recovery system had been performed while the vessel was in drydock. Final work was being done while the vessel was off Aberdeen. While this final work was performed, the docking cursor, which weighed approximately 4 tons, was suspended from the newly-installed winch. Suddenly, and without warning, the winch rendered and the cursor dropped onto the diving bell, trapping and fatally injuring one of the riggers. Investigation revealed that project management of the cursor modifications lacked direction, focus, and effective monitoring. Major revisions to the company’s safety management system have been implemented as a result. Report No. 1/2010 (1/20/10).

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 – January 2010

Redistribution permitted with attribution