Bryant’s Maritime Blog – 14 June 2010

Headlines: NIC – exchange of correspondence re containment of oil; NIC – press briefing re Gulf of Mexico oil spill; Pensacola Pass – closed during flood tide; OSHA – MOU on worker safety during oil spill response; Senate – hearing on impact of Gulf of Mexico oil spill; Louisiana – allision results in natural gas leak; DOS – Sixth Plenary Meeting of Contact Group on Piracy; Somalia – pirates release car carrier after ransom paid; Senate – bill introduced to require restitution for FWPCA violations; Senate – bill introduced to remove oil spill limits of liability for offshore facilities; Senate – bill introduced and passed re OSLTF advance payments; House – bill introduced to enhance homeland security; House – bill introduced to authorize OSLTF advance payments; House – bill introduced to revise maritime liability laws; house – bill introduced re environmental assessment of offshore leases; Senate – bill introduced to repeal certain limitations of liability; Rhode Island – bill approved re Block Island offshore wind farm; Texas – OSPR newsletter; IMO – short-term funding to support WMU; IMO – condolences re Gaza convoy deaths; IMO – 2011 WMD theme to be piracy response; Indian Ocean – rescue of solo sailor; UK – provisional port statistics for 2009; and US – Flag Day – June 14, 2010.

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Note: This newsletter 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 email to the editor or by going to the blog page on the website and clicking the envelope that appears at the end of each posting. Be aware that the daily newsletter is a single posting, even though it contains a number of individual items. Bringing chaos out of order.

NIC – exchange of correspondence re containment of oil

The National Incident Command (NIC) posted the letter received from BP proposing a plan of action to address containment of oil from the MC 252 (Macondo) well. As noted in the response from the Federal On-Scene Coordinator (FOSC), the plan proposed by BP has been rejected as inadequate because it does not fully account for currently-estimated oil flow rates, does not provide for maximum mobilization of resources, and does not provide redundancy to account for equipment failure or other unforeseen problems. BP has been given an additional 48 hours to address these points. (6/11/10).

NIC – press briefing re Gulf of Mexico oil spill

The National Incident Commander (NIC) released his press briefing that provides an update on efforts to stop the oil spill and respond to the oil that has been released. (6/11/10).

Pensacola Pass – closed during flood tide

The National Incident Command (NIC) issued a news release stating that, effective immediately, the Pensacola Pass will be closed to marine traffic during the flood tide, when boom will be placed across the opening in an effort to prevent the ingress of oil. The boom will be removed during the ebb tide. (6/11/10).

OSHA – MOU on worker safety during oil spill response

The Occupational Safety and Health Administration (OSHA) issued a news release stating that it entered into a Memorandum of Understanding (MOU) with the Federal On-Scene Coordinator (FOSC) to protect worker health and safety during the response to the Gulf of Mexico oil spill. (6/10/10).

Senate – hearing on impact of Gulf of Mexico oil spill

The Subcommittee on State, Local, and Private Sector Preparedness and Integration of the Senate Committee on Homeland Security and Governmental Affairs conducted a hearing on Deep Impact: Assessing the Effects of the Deepwater Horizon Oil Spill on States, Localities, and the Private Sector. Mr. David Camardelle, Mayor, Grand Isle, Louisiana, testified concerning the local businesses that have closed operations due to the spill. Mr. Billy Nungesser, President, Plaquemines Parish, Louisiana, testified concerning the impact on the local fisheries. Mr. Mark Cooper, Louisiana Governor’s Office, testified the difficulties encountered in working with BP and the federal government. Assistant Secretary Juliette Kayyem, Department of Homeland Security, testified concerning the federal government’s coordination with state and local partners in responding to the spill and addressing the needs of private citizens. Mr. Raymond Dempsey, BP America, testified concerning the company’s commitment to cleaning up the oil spill and responding to the needs of the affected state and local governments and the private sector. (6/10/10).

Louisiana – allision results in natural gas leak

The US Coast Guard issued a news release stating that an offshore supply vessel near Cocodrie, Louisiana allided with a natural gas riser platform and pipeline to which it was attempting to moor. The allision damaged the wellhead’s pipeline assembly, resulting in the release into the atmosphere of approximately 200 cubic feet of natural gas. The wellhead has now been secured. Of the 41 people on board, 36 were transported to shore, treated by emergency medical services, and taken to local hospitals. Symptoms ranged from scratchy throats to coughs and nausea. Of these 36, two were characterized as more serious, complaining of shortness of breath, disorientation, and chest pains. The Coast Guard is investigating the casualty. (6/11/10).

DOS – Sixth Plenary Meeting of Contact Group on Piracy

The US Department of State issued a news release stating that the Contact Group on Piracy off the Coast of Somalia met at the United Nations Headquarters in New York on June 10. It noted that the Best Management Practices have been updated recently. A survey of participating States indicates that a majority prohibit the carriage of armed security guards. Efforts continue to build regional capacity to take enforcement action and to prosecute those arrested for piracy. (6/11/10).

Somalia – pirates release car carrier after ransom paid

The EU NAVFOR issued a press release stating that the car carrier Asian Glory was released by pirates in Garacad, Somalia following payment of ransom. The ship had been hijacked in the Indian Ocean on 1 January 2010. (6/11/10).

Senate – bill introduced to require restitution for FWPCA violations

Senator Leahy (D-VT) introduced the Environmental Crimes Enforcement Act of 2010 (S. 3466) to require restitution for victims of criminal violations of the Federal Water Pollution Control Act (FWPCA), and for other purposes. If enacted into law, this bill would, among other things, amend the Federal Sentencing Guidelines to better reflect the seriousness of violations of the FWPCA. (6/9/10).

Senate – bill introduced to remove oil spill limits of liability for offshore facilities

Senator Menendez (D-NJ) introduced the Big Oil Bailout Prevention Unlimited Liability Act of 2010 (S. 3472) to amend the Oil Pollution Act of 1990 to require oil polluters to pay the full costs of oil spills, and for other purposes. If enacted into law, this bill would require responsible parties for oil spills from offshore facilities to pay for all covered damages, in addition to all response costs. (6/9/10).

Senate – bill introduced and passed re OSLTF advance payments

Senator Reid (D-NV) introduced a bill (S. 3473) to amend the Oil Pollution Act of 1990 to authorize advances from Oil Spill Liability Trust Fund for the Deepwater Horizon oil spill. The bill was immediately considered by the Senate and passed. It was then considered and adopted by the House of Representatives. It now awaits signature by President Obama. (6/9/10).

House – bill introduced to enhance homeland security

Representative Pascrell (D-NJ) introduced a bill (H.R. 5498) to enhance homeland security by improving efforts to prevent, deter, prepare for, detect, attribute, respond to, and recover from an attack with a weapon of mass destruction, and for other purposes. (6/10/10).

House – bill introduced to authorize advances from the OSLTF

Representative Mica (R-FL) introduced a bill (H.R. 5499) to amend the Oil Pollution Act of 1990 to authorize advances from Oil Spill Liability Trust Fund for the Deepwater Horizon oil spill. Official text of the bill is not yet available. (6/10/10). Note: This bill has undoubtedly been overtaken by the Senate bill discussed above.

House – bill introduced to revise maritime liability laws

Representative Conyers (D-MI) introduced a bill (H.R. 5503) to revise laws regarding liability in certain civil actions arising from maritime incidents, and for other purposes. Official text of the bill is not yet available. (6/10/10).

House – bill introduced re environmental assessment of offshore leases

Representative Connolly (D-VA) introduced a bill (H.R. 5506) to amend the Outer Continental Shelf Lands Act to require that treatment of the issuance of any exploration plans, development production plans, development operation coordination documents, and lease sales required under Federal law for offshore drilling activity on the outer Continental Shelf as a major Federal action significantly affecting the quality of the human environment for the purposes of the National Environmental Policy Act of 1969, and for other purposes. Official text of the bill is not yet available. (6/10/10).

Senate – bill introduced to repeal certain limitations of liability

Senator Schumer (D-NY) introduced a bill (S. 3478) to amend title 46, United States Code, to repeal certain limitations of liability and for other purposes. Official text of the bill is not yet available. (6/10/10).

Rhode Island – bill approved re Block Island offshore wind farm

The Rhode Island Legislature issued a press release stating that legislation regarding the proposed Block Island offshore wind farm has been approved and sent to the Governor. (6/11/10).

Texas – OSPR newsletter

The Texas Oil Spill Prevention and Response (OSPR) program released the June edition of its Responder newsletter. This edition includes articles addressing, among other things, preparations for possible impact from the Gulf of Mexico oil spill and a summary of the response to the January 23 collision and oil spill in Sabine-Neches Waterway. (6/11/10).

IMO – short-term funding to support WMU

The IMO issued a news release stating that it will provide short-term funding to support the World Maritime University (WMU) to address financial challenges it faces as a result of the withdrawal of funding from long-standing donors. The IMO will provide two tranches, totaling £500,000, for calendar years 2010 and 2011. Funds will come from the IMO’s Technical Cooperation Fund. (6/11/10).

IMO – condolences over Gaza convoy deaths

The IMO issued a news release stating that the Secretary-General expressed his deep regret for the loss of life and injuries sustained during the incident involving the Israeli Defence Forces and ships of the Gaza convoy in the Eastern Mediterranean Sea on 31 May. (6/11/10).

IMO – 2011 WMD theme to be piracy response

The IMO issued a news release stating that the theme for World Maritime Day (WMD) 2011 will be “Piracy: orchestrating the response”. To this end, five objectives have been identified: (1) securing the release of hostages; (2) strengthening the protection of persons, ships, and cargoes; (3) ensuring compliance with best management practices; (4) promoting cooperation among States, regions, and organizations in reducing the risk of attacks; and (5) building capacity of affected States to deter, interdict, and bring to justice those who commit these crimes. (6/11/10).

Indian Ocean – rescue of solo sailor

The Australian Maritime Safety Authority (AMSA) issued a media release stating that the young American woman who has been attempting a single-handed sailing voyage around the world has been rescued by a French fishing vessel. Her small yacht was damaged in a storm in the Indian Ocean. (6/12/10).

UK – provisional port statistics for 2009

The UK Department for Transport issued its provisional port statistics for 2009. Total freight traffic through UK ports was 508 million tonnes, a drop of 9.5% from that of 2008. (6/10/10).

US – Flag Day – June 14, 2010

Today, June 14, 2010, is celebrated in the United States as Flag Day. We may not do everything exactly right every time, but we try. And for that alone, the Stars and Stripes deserves sincere respect.

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 – June 2010

Redistribution permitted with attribution