Bryant’s Maritime Blog–18 January 2011

Headlines: Chicago Sanitary & Ship Canal – enforcement of safety zone; Illinois Waterway System – suspension of CDC reporting requirement; HOGANSAC – meetings; USCG – meeting re exhaust gas cleaning systems cancelled; OSHA – whistleblower protections; NAS – evaluation of advanced spectroscopic portals; USCG – named-based terrorism check for security personnel; USCG – TWIC card reader proposal – errata; OFAC – additions to SDN list; NOAA – Olympic Coast National Marine Sanctuary; St. Lawrence Seaway – no toll increase in 2011; House – bill introduced to prohibit offshore leasing; Australia – investigation into engine room explosion; and Ireland – commencement of New Inspection Regime.

January 18, 2011

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. Keep misbehaving.

Chicago Sanitary & Ship Canal – enforcement of safety zone

The US Coast Guard issued a notice stating that it will enforce the safety zone on the Chicago Sanitary & Ship Canal from Mile Marker 296.1 to Mile Marker 296.7 daily from 7 a.m. to 11 a.m. and from 1 p.m. to 5 p.m. on January 18-22, January 24-26, January 31, February 1-5, February 7-12, and February 14-19. This enforcement action will also occur from 7 a.m. on January 27 through 7 a.m. January 29. This action is necessary to protect persons and property from hazards associated with the US Army Corps of Engineers’ operational and safety testing of the dispersal barrier IIB, which helps control the spread of aquatic nuisance species. During the enforcement period, entry into, transiting, mooring, laying-up, or anchoring within the enforced area of the safety zone is prohibited. 76 Fed. Reg. 2829 (January 18, 2011).

Illinois Waterway System – suspension of CDC reporting requirement

The US Coast Guard issued a temporary rule suspending reporting requirements for barges loaded with certain dangerous cargoes (CDCs) in the portion of the Illinois Waterway System located within the Ninth Coast Guard District. The Coast Guard will evaluate future reporting needs and requirements. The temporary rule came into effect at midnight on January 15 and will remain in effect until midnight on January 15, 2013. This rulemaking complements an earlier notice suspending the same reporting requirement for inland waterways of the Eighth Coast Guard District. 76 Fed. Reg. 2827 (January 18, 2011).

HOGANSAC – meetings

The Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC), sponsored by the US Coast Guard, will meet in Texas City on February 3. Its working groups will meet in Houston on January 20. 76 Fed. Reg. 2916 (January 18, 2011).

USCG – meeting re exhaust gas cleaning systems cancelled

The US Coast Guard issued a notice stating that the public meeting on the IMO guidelines for exhaust gas cleaning systems for marine engines, scheduled to be held in Washington, DC on January 19 and 20, has been cancelled. A future meeting date on this topic may be scheduled and, if so, will be announced in the Federal Register. 76 Fed. Reg. 2917 (January 18, 2011).

OSHA – whistleblower protections

The Occupational Safety and Health Administration (OSHA) published a final rule of the text of its various regulations governing the employee protection (whistleblower) provisions under various statutes enforced by OSHA, including the Federal Water Pollution Control Act (FWPCA). The final rule is effective immediately. 76 Fed. Reg. 2808 (January 18, 2011).

NAS – evaluation of advanced spectroscopic portals

The National Academy of Science (NAS) released its report entitled Evaluating Testing, Costs, and Benefits of Advanced Spectroscopic Portals. Advanced spectroscopic portals (ASPs) are intended to provide an improved means of non-intrusive inspection of cargo (primarily containerized cargo) bound for the United States in order to determine whether there may be nuclear material or other threats secreted inside. The report found that shortcomings in the ASP performance tests have impaired the ability to draw reliable conclusions about the device’s likely performance in field conditions. Further, the cost-benefit analysis was flawed and needs substantial improvement to support informed decision making. (1/13/11).

USCG – name-based terrorism check for security personnel

The US Coast Guard issued a revised Port Security Advisory regarding procedures for obtaining a name-based terrorism check for security personnel operating in high-risk waters (HRW) in accordance with PSA 05-09 (Rev 1). The only revision relates to an updated point of contact within the Coast Guard for submittal of security personnel information. (1/14/11).

USCG – TWIC card reader proposal - errata

In my previous newsletter (Friday, January 14), I reported that the US Coast Guard had forwarded for consideration by the Office of Management and Budget (OMB) its proposed rule that would, if adopted, establish electronic card reader requirements for US maritime facilities and vessels to be used in combination with the Transportation Worker Identification Credential (TWIC). This item was based on a posting on the OMB website that it had received a proposed rule from the US Coast Guard on the Transportation Worker Identification Credential (TWIC) Card Reader Requirements. The OMB posting was in error. What the Coast Guard had actually sent to OMB was a proposed policy letter providing guidance on voluntary use of the TWIC reader. The OMB posting has been corrected, but not before engendering confusion. (1/14/11).

OFAC – additions to SDN list

The US Office of Foreign Assets Control (OFAC) issued a notice stating that various entities have been added to its list of Specially Designated Nationals determined to assisting in the violation of economic sanctions against the Islamic Republic of Iran. Some or all of these may have business ties with the Islamic Republic of Iran Shipping Lines (IRISL). (1/13/11).

NOAA – Olympic Coast National Marine Sanctuary

The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that it is seeking comments on its draft management plan and environmental assessment for the Olympic Coast National Marine Sanctuary. Comments should be submitted by March 25. (1/14/11).

St. Lawrence Seaway – no toll increase in 2011

The Great Lakes-St. Lawrence Seaway System issued a news release stating that the St. Lawrence Seaway Management Corporation of Canada (SLSMC) will not increase its tolls in 2011. (1/14/11).

House – bill introduced to prohibit offshore leasing

Representative Pallone (D-NJ) introduced the No New Drilling Act of 2011 (H.R. 261) to amend the Outer Continental Shelf Lands Act to prohibit the leasing of any area of the outer Continental Shelf for the exploration, development, or production of oil, gas, or any other mineral. (1/11/10).

Australia – investigation into engine room explosion

The Australian Transport Safety Bureau (ATSB) issued a media release stating that it has commenced an investigation into the engine room explosion on board a tanker at Brisbane, Queensland on 16 January 2011. Three crewmembers are reported to have been injured. (1/17/11).

Ireland – commencement of New Inspection Regime

The Irish Department of Transport (DoT) issued a notice reminding stakeholders that the New Inspection Regime (NIR) for port state control commenced on 1 January. It is now in effect throughout nations party to the Paris Memorandum of Understanding. Quality ships will be rewarded with longer intervals between inspections, while low quality ships will be inspected more frequently. Marine Notice 2/2011 (1/13/11).

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 – January 2011

Redistribution permitted with attribution