Bryant’s Maritime Blog – 18 May 2010

Headlines: White House – legislative package for response to Gulf oil spill; EPA and USCG – use of subsea dispersant approved; Unified Command – flaring of recovered gas; Hood Canal – RNA; NOAA – incidental harassment of marine mammals; Shipping Coordinating Committee – meeting re STCW Convention; Shipping Coordinating Committee – meeting re Flag State Implementation; Shipping Coordinating Committee – meeting re Technical Cooperation Committee; Shipping Coordinating Committee – meeting re IMO Council; NAVSAC – meeting; Senate – hearing on Gulf Coast oil spill response; Senate – bill introduced for commission to investigate Deepwater Horizon casualty; Senate – bill introduced to remove cap on punitive damages; Senate – bill introduced to increase OCSLA limits on liability; Senate – bill introduced re vessel discharge permits; Senate – bill introduced to increase OPA 90 liability cap; House – bill introduced re vessel discharge permits; and UNGA – meeting on efforts to fight piracy.

Bryant’s Maritime Consulting - 4845 SW 91^st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: dennis.l.bryant@gmail.com – Internet: http://brymar-consulting.com

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. No added salt or MSG.

White House – legislative package for response to Gulf oil spill

The White House posted its Legislative Package that has been transmitted to Congress for consideration in response to the oil spill in the Gulf of Mexico. It proposes increases in the limits of liability for industry segments identified in OPA 90, not just for offshore facilities. If enacted into law, it would also increase the maximum amount that the Oil Spill Liability Trust Fund (OSLTF) could expend on any one spill from $1 billion to $1.5 billion. (5/12/10).

EPA and USCG – use of subsea dispersant approved

The Environmental Protection Agency (EPA) issued a news release stating that it and the US Coast Guard have authorized use of dispersants under water, a the source of the Gulf of Mexico oil spill. The goal is to break the oil into small drops and reduce its impact on the surface and on the shoreline. (5/17/10).

Unified Command – flaring of recovered gas

The Unified Command posted a photo release showing gas recovered from the Gulf of Mexico oil and gas release being flared (burned). (5/17/10).

Hood Canal – RNA

The US Coast Guard established a regulated navigation area (RNA) on certain waters of the Hood Canal in the State of Washington that will be in effect whenever any US Navy submarine is operating in the area and is being escorted by the Coast Guard. 75 Fed. Reg. 27638 (May 18, 2010).

NOAA – incidental harassment of marine mammals

The National Oceanic and Atmospheric Administration (NOAA) issued a notice stating that it received an application for an Incidental Harassment Authorization (IHA) to take marine mammals by harassment incidental to a proposed open water marine survey program in the Beaufort and Chukchi Seas, Alaska between July and October 2010. Comments on this application should be submitted by June 17. 75 Fed. Reg. 27708 (May 18, 2010).

Shipping Coordinating Committee – meeting re STCW Convention

The Shipping Coordinating Committee, sponsored by the US Department of State, will meet in Washington, DC on June 8. The purpose of the meeting is to prepare for the Diplomatic Conference to amend the International Convention on Standards, of Training, Certification, and Watchkeeping (STCW) to be held in Manila on June 21-25. 75 Fed. Reg. 27856 (May 18, 2010).

Shipping Coordinating Committee – meeting re Flag State Implementation

The Shipping Coordinating Committee, sponsored by the US Department of State, will meet in Washington, DC on June 23. The purpose of the meeting is to prepare for the upcoming session of the IMO Subcommittee on Flag State Implementation. 75 Fed. Reg. 27856 (May 18, 2010).

Shipping Coordinating Committee – meeting re Technical Cooperation Committee

The Shipping Coordinating Committee, sponsored by the US Department of State, will meet in Washington, DC on May 28. The purpose of the meeting is to prepare for the upcoming session of the IMO Technical Cooperation Committee. 75 Fed. Reg. 27613 (May 17, 2010).

Shipping Coordinating Committee – meeting re IMO Council

The Shipping Coordinating Committee, sponsored by the US Department of State, will meet in Washington, DC on May 28. The purpose of the meeting is to prepare for the upcoming session of the IMO Council. 75 Fed. Reg. 27614 (May 17, 2010).

NAVSAC – meeting

The Navigation Safety Advisory Committee (NAVSAC), sponsored by the US Coast Guard, will meet in Washington, DC on June 22. Topics on the agenda include offshore renewable energy installations, designation of “narrow channels” for Inland Navigation Rule 9, and unmanned autonomous vessels COLREGS applicability. 75 Fed. Reg. 27353 (May 14, 2010).

Senate – hearing on Gulf Coast oil spill response

The Senate Committee on Homeland Security and Governmental Affairs conducted a hearing on Assessing the Nation’s Response to the Deepwater Horizon Oil Spill. Secretary of Homeland Security Janet Napolitano testified concerning the extensive and sustained response efforts. She also testified that, as of May 14, BP has received over 11,000 claims for damages, has disbursed over $6.6 million, and has yet to deny a claim. She was accompanied by Deputy National Incident Commander RADM Peter Neffenger, USCG. Mr. Lamar McKay, BP America, testified concerning efforts to stop the discharge, clean up the spill, pay all legitimate claims, and learn the cause of the casualty. (5/17/10).

Senate – bill introduced for commission to investigate Deepwater Horizon casualty

Senator Whitehouse (D-RI) introduced the BP Deepwater Horizon Disaster Inquiry Commission Act of 2010 (S. 3344) to establish an independent, nonpartisan commission to investigate the causes and impact of, and evaluate and improve the response to, the explosion, fire, and loss of life on and sinking of the Mobile Drilling Unit Deepwater Horizon and the resulting uncontrolled release of crude oil into the Gulf of Mexico, and to ensure that a similar disaster is not repeated. (5/11/10).

Senate – bill introduced to remove cap on punitive damages

Senator Whitehouse (D-RI) introduced the Big Oil Polluter Pays Act (S. 3345) to amend title 46, United States Code, to remove the cap on punitive damages established by the Supreme Court in Exxon Shipping Company v. Baker. (5/11/10).

Senate – bill introduced to increase OCSLA limits on liability

Senator Whitehouse (D-RI) introduced the Outer Continental Shelf Lands Act Amendments Act of 2010 (S. 3346) to increase the limits on liability under the Outer Continental Shelf Lands Act (OCSLA). (5/11/10). Senator Whitehouse issued a news release explaining the purpose of the bills.

Senate – bill introduced re vessel discharge permits

Senator Boxer (D-CA) introduced a bill (S. 3372) to modify the date on which the Administrator of the Environmental Protection Agency and applicable States may require permits for discharges from certain vessels. (5/13/10). Official test of the bill is not yet available.

Senate – bill introduced to increase OPA 90 liability cap

Senator Vitter (R-LA) introduced a bill S. 3375) to amend the Oil Pollution Act of 1990 to increase the cap on liability for economic damages resulting from an oil spill, and for other purposes. (5/13/10). Official text of the bill is not yet available.

House – bill introduced re vessel discharge permits

Representative LoBiondo (R-NJ) introduced a bill (H.R. 5301) to extend the period during which the Administrator of the Environmental Protection Agency and States are prohibited from requiring a permit under section 402 of the Federal Water Pollution Control Act for certain discharges that are incidental to normal operation of vessels. (5/13/10).

UNGA – meeting on efforts to fight piracy

The United Nations issued a news release stating that the UN General Assembly (UNGA) held an informal meeting on efforts to fight piracy, particularly off the coast of Somalia. It was noted that attacks on ships have increased seven-fold over the four-year period to 2009, when there were 406 reported attacks globally. (5/14/10). Note: This item was brought to my attention by my good friend John Bennett of Maritime Protective Services.

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 – May 2010

Redistribution permitted with attribution