Wednesday, November 3, 2010

Bryant’s Maritime Blog–3 November 2010

Headlines: USCG – changes to Northern California security zones; USCG – synopsis of CGSIC meeting; DOI – Ocean Energy Safety Institute proposed; BOEMRE – Atlantic OCS bird monitoring studies; Chicago Sanitary & Ship Canal – temporary waterway restrictions; Court – port risks includes contamination of sediments; Paris MOU – revised memorandum; Paris MOU – new inspection regime; and US – Election Day.

November 3, 2010

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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. He who is lost, hesitates.

USCG – changes to Northern California security zones

clip_image004 The US Coast Guard issued a temporary final rule increasing, until April 15, 2011, the current security zones on waters of San Francisco Bay, Delta Ports, Monterey Bay, and Humboldt Bay from 100 yards to 500 yards around cruise ships, high interest vessels, and tankers. 75 Fed. Reg. 67620 (November 3, 2010). At the same time, the agency issued a proposal to make this temporary change permanent. The Coast Guard states that limitation of the security zones to 100 yards hinders reaction time and the ability of coxswains to determine the target of interest’s intent, properly assess the situation, and execute protective measures. Comments on the proposal should be submitted by December 3. 75 Fed. Reg. 67673 (November 3, 2010).

USCG – synopsis of CGSIC meeting

clip_image004[1] The US Coast Guard Navigation Center posted a synopsis of the 50th Meeting of the Civil GPS Service Interface Committee (CGSIC), held in Portland, Oregon on 20-21 September. It includes links to various presentations. (11/2/10).

DOI – Ocean Energy Safety Institute proposed

clip_image006 The Department of the Interior (DOI) issued a press release stating that Secretary Ken Salazar is proposing establishment of an Ocean Energy Safety Institute to facilitate research and development, training, and implementation in the areas of offshore drilling safety, blowout containment, and oil spill response. The institute would be a collaborative initiative involving government (particularly DOI, the Department of Energy, and the Coast Guard), industry, academia, and scientific experts. (11/2/10).

BOEMRE – Atlantic OCS bird monitoring studies

clip_image006[1] The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a press release stating that it has awarded $2.5 million to a company for two bird monitoring studies on the Atlantic outer continental shelf (OCS). The collection of this information is important to the future development of offshore renewable energy projects in this area. Another study will monitor the seasonal presence of birds, marine mammals, and sea turtles in the Atlantic OCS. (10/29/10).

Chicago Sanitary & Ship Canal – temporary waterway restrictions

clip_image004[2] The US Coast Guard issued a news release stating that it is imposing temporary waterway restrictions for vessel traffic on the Chicago Sanitary & Ship Canal on November 3-5 between the hours of 6 a.m. and 6 p.m. daily. The restrictions will apply to those waters between the Lockport Lock and Dam and the fish barrier (located at mile marker 296.1 – 296.7). Every effort will be made to allow vessels to transit when work is not taking place. (11/2/10).

Court – port risks includes contamination of sediments

clip_image008 The Supreme Court of Oregon ruled that a protection and indemnity insurance policy for “port risks” includes coverage for contamination of sediments that occurred with the ship was scrapped. In the instant case, plaintiff company acquired and dismantled at its shipyard on the Willamette River in Portland, Oregon decommissioned military and commercial ships in the years following World War II. Defendant insurers wrote various lines of insurance to plaintiff, including P&I coverage for the various ships. The policies included coverage for “port risks” that was defined as including loss or damage to any fixed or moveable thing whatsoever, or to any goods or property in or on the same howsoever caused. In 1994, the State of Oregon asserted that plaintiff was responsible for contamination of sediments on the bottom of the river in the vicinity of the old shipyard. When the insurers declined to cover the costs of cleanup, plaintiff bought suit. The court ruled that the “port risks” language was sufficiently broad as to require the defendant insurers to indemnity plaintiff to the extent that the sediment in the river was contaminated by reason of plaintiff’s interest in the insured ships. ZRZ Realty v. Beneficial Fire and Casualty Ins., SC-S057155 (Ore., October 14, 2010).

Paris MOU – revised memorandum

clip_image010 The Paris MOU on Port State Control posted its Revised Memorandum, which comes into effect on 1 January 2011. This revision includes the 32th Amendment and was accepted on November 1, 2010. (11/2/10).

Paris MOU – new inspection regime

clip_image010[1] The Paris MOU on Port State Control posted its New Inspection Regime (NIR), which comes into effect on 1 January 2011. The NIR replaces the old target of inspecting 25% of ships calling at each member State with a shared commitment for full coverage of inspecting all ships visiting ports and anchorages in the Paris MOU region as a whole. The Target Factor will be replaced by the Ship Risk Profile. (11/2/10).

US – Election Day

clip_image012 Yesterday, November 2, 2010, was Election Day in the United States. This is the day on which the American voters exercise their Constitutional right to select the candidate whom they dislike the least. It takes months, if not years, to determine whether there is any validity to the vaunted theory of group wisdom. Meanwhile, the inherent strength of the Republic is again tested.

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 – November 2010

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