Bryant’s Maritime Blog–7 January 2011

Headlines: FMC – reminder re EU repeal of Liner Conference Block Exemption; USCG – PWSRCAC recertification; House – bill introduced re veterans benefits for WWII mariners; House – bill introduced to delist the polar bear; House – bill introduced re OSC drilling; House – bill introduced re OPA 90 responsible parties; House – bill introduced re restoration of Gulf coastal areas; House – bill introduced re HMT; House – bill introduced to expand Gulf of the Farallones NMS; Court – FSIA and ships calling in Iran; Indian Ocean – use of BMP defeats pirates; Indian Ocean – medical assistance to Iranian fishing vessel; WCO & US – strengthening air cargo security; and UK – Parliamentary Report on deepwater drilling.

January 7, 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

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FMC – reminder re EU repeal of Liner Conference Block Exemption

The Federal Maritime Commission (FMC) issued a news release reminding stakeholders that comments on the effects of the EU repeal of the Liner Conference Block Exemption should be filed on or before January 18, 2011. (1/6/11).

USCG – PWSRCAC recertification

The US Coast Guard issued a notice stating that it has received an application for recertification of the Prince William Sound Regional Citizen’s Advisory Council (PWSRCAC) as an alternative voluntary advisory group to monitor terminal facilities and crude oil tankers operating in Prince William Sound. Recertification would be for the period March 1, 2011 through February 29, 2012. Comments on the application should be submitted by February 22. 76 Fed. Reg. 1187 (January 7, 2011).

House – bill introduced re veterans benefits for WWII mariners

Representative Filner (D-CA) introduced a bill (H.R. 23) to amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish the Merchant Mariner Equity Compensation Fund to provide benefits to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II. Official text of the bill is not yet available. (1/5/11).

House – bill introduced to delist the polar bear

Representative Young (R-AK) introduced a bill (H.R. 39) to delist the polar bear as a threatened species under the Endangered Species Act of 1973. Official text of the bill is not yet available. (1/5/11).

House – bill introduced re OSC drilling

Representative Connolly (D-VA) introduced a bill (H.R. 52) 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. (1/5/11).

House – bill introduced re OPA 90 responsible parties

Representative Connolly (D-VA) introduced a bill (H.R. 54) to amend the Oil Pollution Act of 1990 to extend liability to corporations, partnerships, and other persons having ownership interests in responsible parties, and for other purposes. Official text of the bill is not yet available. (1/5/11).

House – bill introduced re restoration of Gulf coastal areas

Representative Scalise (R-LA) introduced a bill (H.R. 56) to provide for restoration of the coastal areas of the Gulf of Mexico affected by the Deepwater Horizon oil spill, and for other purposes. Official text of the bill is not yet available. (1/5/11).

House – bill introduced re HMT

Representative Boustany (R-LA) introduced a bill (H.R. 104) to ensure that amounts credited to the Harbor Maintenance Trust Fund are used for harbor maintenance. Official text of the bill is not yet available. (1/5/11).

House – bill introduced to expand Gulf of the Farallones NMS

Representative Woolsey (D-CA) introduced a bill (H.R. 192) to expand the boundaries of the Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary, and for other purposes. Official text of the bill is not yet available. (1/5/11).

Court – FSIA and ships calling in Iran

The US Court of Appeals for the Ninth Circuit ruled that relatives of US military personnel killed in the 1983 bombing of the Marine barracks in Beirut may not collect some of the $2.6 billion default judgment against Iran from a foreign shipping company that owes monies to Iran for port fees and bunkering costs incurred when its ships made port calls in Iran. The court held that Iran is entitled to protections accorded by the Foreign Sovereign Immunities Act (FSIA). One section of the FSIA provides that the foreign nation’s right to a payment is assignable under the FSIA only if that right is located in the United States. In this case, the right to payment is located in France, the home nation of the shipping company. Peterson v. Islamic Republic of Iran, No. 08-17756 (9th Cir., December 3, 2010). Note: This item was brought to my attention by my good friend Louis J. Le Gendre of International Shipping & Logistics.

Indian Ocean – use of BMP defeats pirates

The EU NAVFOR issued a press release stating that use of best management practices (BMP) continues to defeat pirate attacks in the Indian Ocean. Two merchant vessels were attacked on January 6, but the attacks were unsuccessful. The ships used their speed and had razor wire around their perimeters. (1/6/11).

Indian Ocean – medical assistance to Iranian fishing vessel

The US Navy issued a news release stating that a warship from the Combined Maritime Forces (CMF) rendered medical assistance to a member of the crew of an Iranian fishing vessel in the Indian Ocean off the coast of Somalia. (1/6/11).

WCO & US – strengthening air cargo security

The World Customs Organization (WCO) issued a press release stating that WCO Secretary General Kunio Mikuriya and US Secretary of Homeland Security Janet Napolitano met to discuss international efforts to ensure the security of air cargo. The international Customs community will work to secure air cargo through a combination of measures including enhanced risk management, strengthened cooperation, wider intelligence and information sharing, further research, and supportive capacity building activities. The US Department of Homeland Security (DHS) issued a press release stating that it and the WCO have partnered to strengthen the security and resiliency of the global supply chain through: (1) preventing terrorists from exploiting the global supply chain to plan and execute attacks; (2) protecting the most critical elements of the supply chain system, such as transportation hubs and related critical infrastructure, from attacks and disruptions; and (3) building the resilience of the global supply chain to ensure that if something does happen, the supply chain can recover quickly. (1/6/11). Note: Did these two leaders attend the same meeting?

UK – Parliamentary Report on deepwater drilling

The UK Parliament issued a Report on deepwater drilling and the implications of Gulf of Mexico oil spill. The report concludes that the UK regulatory regime is “fit for purpose”, but that certain changes would enhance the overall system for conducting and regulating deepwater drilling in UK waters. Companies engaged in such activities should ensure that they are fully prepared to respond to an oil spill and better prepared to prevent a spill from occurring. The current liability regime should be revisited to ensure its adequacy. (12/14/10). Note: This item was brought to my attention by my good friend Alan Spackman of the International Association of Drilling Contractors.

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