Bryant’s Maritime Blog–29 December 2010

Headlines: BOEMRE – RFI for wind energy leasing offshore Massachusetts; MARAD – US Great Lakes Fleet Revitalization Study; USCG – meeting re exhaust gas cleaning systems; DOS – Shipping Coordinating Committee meetings; NMSAC – meeting; FWS – Lake Champlain Sea Lamprey Control Alternatives Workgroup; New Orleans – security zone continued; Court – mariner must exhaust administrative remedies before bringing suit; Indian Ocean – pirates use mothership to hijack freighter; Somalia – pirates release tanker; India – enhanced safety measures for hazardous cargoes; and India – Coast Guard expansion.

December 29, 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 all else fails, SHOUT.

BOEMRE – RFI for wind energy leasing offshore Massachusetts

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) invites submissions describing interest in obtaining one or more commercial leases for construction of a wind energy project(s) on the outer continental shelf (OCS) offshore Massachusetts. The submissions must be received by February 28, 2011. 75 Fed. Reg. 82055 (December 29, 2010).

MARAD – US Great Lakes Fleet Revitalization Study

The Maritime Administration (MARAD) will conduct three public listening sessions to gather data and comments to inform the US-Flag Great Lakes Fleet Revitalization Study. The Study will examine the current and potential future role of Great Lakes shipping in supporting the region’s economy and as an important component of the greater US Marine Highway System. It will also be used to assess the impact of new environmental regulations on the Great Lakes fleet. Of particular interest is the likely impact of the EPA’s final emission standards for new marine diesel “Category 3” engines that come into effect in January 2012. The listening sessions will be held in Cleveland (February 15); Duluth (February 23); and Chicago (February 25). 75 Fed. Reg. 82141 (December 29, 2010).

USCG – meeting re exhaust gas cleaning systems

The US Coast Guard will conduct a public meeting on the IMO guidelines for exhaust gas cleaning systems for marine engines to comply with Annex VI to MARPOL 73/78. The meeting will be held in Washington, DC on January 19-20, 2011. Topics on the agenda include: inspection and verification of compliance; disposal of sludge; reception facilities; training; and recordkeeping. 75 Fed. Reg. 82040 (December 29, 2010).

DOS – Shipping Coordinating Committee meetings

The Shipping Coordinating Committee, sponsored by the Department of State (DOS), will meet in Washington, DC on January 26 and February 15, 2011. The January meeting is to prepare for the upcoming session of the IMO Subcommittee on Bulk Liquids and Gases (BLG 15). The February meeting is to prepare for the upcoming session of the IMO Subcommittee on Flag State Implementation (FSI 19). 75 Fed. Reg. 82129 (December 29, 2010).

NMSAC – meeting

The National Maritime Security Advisory Committee (NMSAC), sponsored by the US Coast Guard, will meet in Arlington, Virginia on January 19-20, 2011. Among other things, the NMSAC will discuss port security grants and global supply chain security policy efforts. 75 Fed. Reg. 82039 (December 29, 2010).

FWS – Lake Champlain Sea Lamprey Control Alternatives Workgroup

The Lake Champlain Sea Lamprey Control Alternatives Workgroup, sponsored by the Fish and Wildlife Service (FWS), will meet in Grand Isle, Vermont on January 18 to discuss potential research initiatives that may enhance alternative sea lamprey control techniques. 75 Fed. Reg. 82061 (December 29, 2010).

New Orleans – security zone continued

The US Coast Guard has extended, through December 31, 2011, the security zone for the Michoud Slip in East New Orleans. 75 Fed. Reg. 81856 (December 29, 2010).

Court – mariner must exhaust administrative remedies before bringing suit

The US Court of Appeals for the Fifth Circuit ruled that federal courts lack jurisdiction to review a decision of the Commandant of the US Coast Guard to revoke a mariner’s license where the mariner has not appealed that decision to the National Transportation Safety Board (NTSB). In the instant case, a Coast Guard Administrative Law Judge (ALJ), after a full hearing, directed the revocation of defendant’s license for illegal drug use. Defendant appealed to the Commandant, who upheld the ALJ decision. Defendant then brought suit in federal district court, asserting that the Coast Guard decision was unconstitutional. The district court ruled against the defendant, holding that the court had no subject matter jurisdiction as the defendant had failed to exhaust his administrative remedies. Defendant appealed and the appellate court affirmed. Dresser v. MEBA Medical & Benefits Plan, No. 10-30301 (5th Cir., December 22, 2010).

Indian Ocean – pirates use mothership to hijack freighter

The EU NAVFOR issued a press release stating that the general cargo ship Ems River, with a crew of eight and a cargo of petroleum coke, was hijacked by pirates in the Indian Ocean approximately 175 nautical miles northeast of Salalah, Oman. The previously-hijacked vessel Motivator was in the vicinity throughout the pirate attack, which is consistent with recent mothership methods utilized by Somali pirates. (12/28/10).

Somalia – pirates release tanker

The EU NAVFOR issued a press release stating that the chemical/oil products tanker Marida Marguerite has been released by pirates. It had been held off the coast of Somalia after being hijacked on 8 May 2010 in the Indian Ocean approximately 120 nautical miles south of Salalah, Oman. There are now 25 vessels and 587 hostages being held by Somali pirates. (12/28/10).

India – enhanced safety measures for hazardous cargoes

The Indian Ministry of Shipping issued a press release stating that, as a result of a chlorine gas leak at Mumbai Port Trust on 14 July 2010, it is implementing enhanced safety measures at all ports. Among other things, hazardous cargoes will be handled only during daylight hours and hazardous cargoes will not be allowed to lie in the port for more than seven days. (12/24/10).

India – Coast Guard expansion

The Indian Ministry of Defence issued a press release stating that 2010 saw a major expansion of the Indian Coast Guard. The Government has approved setting up 14 new stations, seven new vessels, and twelve new aircraft. (12/28/10).

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 – December 2010

Redistribution permitted with attribution