Bryant’s Maritime Blog – 13 April 2010

Headlines: USCG – conditions of entry for vessels arriving from Sao Tome and Principe; Calcasieu River and Ship Channel – security zones; Galveston Channel – RNA proposed; EPA – Clean Air permit for exploratory drilling in Beaufort Sea; DHS – Secretary tours CSI operations in Port of Barcelona; Court – vessel in drydock remains subject to maritime lien; Great Barrier Reef – Shen Neng 1 successfully refloated; and Panama Canal – operations in March.

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USCG – conditions of entry for vessels arriving from Sao Tome and Principe

The US Coast Guard announced that, effective April 27, it is imposing conditions of entry on vessels arriving in the United States after having called at any port in Sao Tome and Principe, during their last five port calls. In summary, each affected vessel must: (1) implement the Security Level 2 measures from its ship security plan while in a Sao Tome and Principe port; (2) ensure that each access point is guarded and that guards have total visibility of the exterior of the vessel while in a Sao Tome and Principe port; (3) attempt to execute a Declaration of Security while in a Sao Tome and Principe port; (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. 75 Fed. Reg. 18871 (April 13, 2010).

Calcasieu River and Ship Channel – security zones

The US Coast Guard issued a final rule disestablishing the safety zone at Trunkline LNG in Lake Charles and replacing it with a security zone with new boundaries. Security zones are also being established on waters of the Calcasieu River for the mooring basins at Cameron LNG in Hackberry and PPG Industries in Lake Charles. The moving safety zone in the Calcasieu River ship channel is being replaced with a moving security zone. The new rule comes into effect on May 13. 75 Fed. Reg. 18755 (April 13, 2010).

Galveston Channel – RNA proposed

The US Coast Guard proposes to establish a regulated navigation area (RNA) across the entire width of the Galveston Channel in the vicinity of USCG Sector Field Office Galveston. The RNA would require vessels to navigate at no wake speeds within this area. Comments on this proposal should be submitted by May 13. 75 Fed. Reg. 18776 (April 13, 2010).

EPA – Clean Air permit for exploratory drilling in Beaufort Sea

The US Environmental Protection Agency (EPA) issued a news release stating that it issued a “Prevention of Significant Deterioration” air quality permit relating to air emissions from the drillship Frontier Discoverer and its support vessels during exploratory oil and gas drilling on the US outer continental shelf (OCS) of the Beaufort Sea off the coast of Alaska. (4/9/10).

DHS – Secretary tours CSI operations in Port of Barcelona

The US Department of Homeland Security (DHS) issued a news release stating that Secretary Janet Napolitano toured the Container Security Initiative (CSI) operations at the Port of Barcelona with her Spanish counterpart. (4/10/10).

Court – vessel in drydock remains subject to maritime lien

The US Court of Appeals for the Eleventh Circuit ruled that a vessel in a drydock for extensive repairs remains a vessel for purposes of attachment of a maritime lien. In the instant case, a yacht was in need of extensive and expensive repairs. When the owner ceased paying for the repairs, the shipyard sued the yacht directly, asserting a maritime lien for repairs. The yacht (and its owner) contended that the yacht was not a proper subject for a maritime lien because it had effectively been taken out of navigation. In a law review style decision, the court analyzed the history of maritime liens and the definition of vessel before holding that the yacht in this case retained the practical ability to engage in maritime transportation and therefore was a vessel subject to maritime liens and the federal district court’s admiralty jurisdiction. Crimson Yachts v. M/Y Betty Lyn II, No. 09-11288 (11th Cir., April 12, 2010).

Great Barrier Reef – Shen Neng 1 successfully refloated

Maritime Safety Queensland (MSQ) issued a media release stating that the oil recovery process for the grounded coal carrier Shen Neng 1 is reaching its end. The next step is to “blow down” the breached tanks with high pressure air to determine whether the tanks are clear of oil. Refloating would be the successful outcome at the end of a series of processes including tank pressurization and lifting. A second media release states that the vessel was refloated at 7:48 pm local time on Monday. It has been towed three nautical miles southwest of Douglas Shoal for assessment. (4/12/10).

Panama Canal – operations in March

The Panama Canal Authority issued an advisory summarizing its operations for March. It also includes the schedule for locks maintenance work for the remainder of the fiscal year. Advisory 5/2010 (4/8/10).

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 – April 2010

Redistribution permitted with attribution