Bryant’s Maritime Blog–1 December 2010

Headlines: FBI – passenger arrested for deploying anchor on cruise ship; Joint Investigation – announcement of sixth session; USCG – inquiry re vessel inspection fees; USCG – unescorted access for persons who have lost their TWIC; Houston-Galveston – advance notice of LHG transfers – errata; OFAC – more IRISL entities added to SDN list; Court – only an admiralty claim can support a Rule B attachment; Indian Ocean – use of BMP helps three ships evade pirates; and India – development of major ports.

December 1, 2010

Bryant’s Maritime Blog
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. When no one will listen to you, SHOUT.

FBI – passenger arrested for deploying anchor on cruise ship

The Federal Bureau of Investigation (FBI) released the affidavit of one of its agents in support of the arrest of a passenger on the MS Ryndam for release of an anchor from the ship while it was underway in transit between Costa Maya, Mexico and Tampa. The individual is charged with attempting to damage, destroy, disable, or wreck a vessel and attempting to cause damage to a ship which is likely to endanger the safe navigation of that ship. (11/29/10). Note: This appears to be an alcohol-aided crime.

Joint Investigation – announcement of sixth session

The US Coast Guard and the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a notice stating that the sixth public session of their Joint Investigation will be held in Houston on December 7-9. The Joint Investigation is examining the circumstances surrounding the explosion, fire, pollution, and sinking of the MODU Deepwater Horizon with multiple loss of life in the Gulf of Mexico on April 20, 2010. (11/30/10).

USCG – inquiry re vessel inspection fees

The US Coast Guard seeks public comment on updating its vessel inspection fees. It is considering options for updating and restructuring these inspection fees to ensure their adequacy and equity and for adapting to changes that have occurred since they were last modified in 1998. The Coast Guard seeks information on factors to consider when updating these fees. Comments should be submitted by March 1, 2011. 75 Fed. Reg. 74674 (December 1, 2010).

USCG – unescorted access for persons who have lost their TWIC

The US Coast Guard has amended its policy regarding unescorted access to secure areas for persons who have reported their Transportation Worker Identification Credential (TWIC) lost, damaged, or stolen. Previously, unescorted access could only be allowed for seven days while awaiting issuance of a replacement TWIC. Because TWIC replacement is sometimes taking longer, an additional 30 calendar days of unescorted access may be allowed under certain conditions. Among other things, the individual must provide proof that a replacement TWIC has been ordered. TWIC/MTSA PAC 03-09 Change 4 (10/12/10).

Houston-Galveston – advance notice of LHG transfers - errata

The USCG Sector Houston-Galveston issued a Marine Safety Information Bulletin requiring all waterfront facilities within the Sector to notify the Captain of the Port (COTP) at least four (4) hours in advance of transfers of cargo involving liquefied hazardous gas (LHG). MSIB 16-10 (11/15/10). In yesterday’s newsletter, I erroneously stated that the advance notice requirement applied to LNG. As one of my long-suffering readers gently pointed out, it actually applies to all LHG. Mea culpa.

OFAC – more IRISL entities added to SDN list

The Office of Foreign Assets Control (OFAC) issued a notice stating that five individuals and ten entities associated with the Islamic Republic of Iran Shipping Lines (IRISL) have been added to the list of Specially Designated Nationals (SDN) with which persons subject to the jurisdiction of the United States may not engage in business transactions. (11/30/10).

Court – only an admiralty claim can support a Rule B attachment

The US Court of Appeals for the Fifth Circuit ruled that only a prima facie admiralty claim can undergird a Rule B attachment. In the instant case, plaintiff commodity trader filed a motion for Rule B attachment of grain loaded on a ship in Louisiana for delivery to a company in Libya with which it had a contract dispute. The seller of the grain moved to vacate the attachment. The court held that the Rule B attachment was improper because the contract on which it was based either was not a maritime contract or, if a mixed contract, the maritime elements of the contract were not severable from the non-maritime elements. Alphamate Commodity v. CHS Europe, No. 09-30804 (5th Cir., November 29, 2010).

Indian Ocean – use of BMP helps three ships evade pirates

The EU NAVFOR issued a press release stating that three merchant vessels were able to evade attacks by pirates in the Indian Ocean through use of Best Management Practices (BMP). (11/29/10).

India – development of major ports

The Indian Ministry of Shipping issued a press release stating that Major Ports of India have formulated perspective/business plans to facilitate transformation of these ports into world-class facilities suited to the requirements of the future economy of India. Steps have been taken to improve the productivity and efficiency of Major Ports, including construction of new berths and terminals, replacement of old cargo-handling equipment, and deepening of channels. (11/30/10).

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 – November 2010

Redistribution permitted with attribution