Headlines: USCG – Petition for Rulemaking re rebuild determinations; DOJ - $4 million civil penalty for FWPCA violation; House – bill introduced to establish trade corridor fee; House – bill introduced re coastwise trade for certain LNG carriers; Malaysia – robbers board chemical tanker; and Somalia – pirates release fishing vessel.
February 10, 2011
Bryant’s Maritime Blog
Bryant’s Maritime Consulting - 4845 SW 91st Way - Gainesville, FL 32608-8135 - USA
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. Remembering the future.
USCG – Petition for Rulemaking re rebuild determinations
The US Coast Guard received a Petition for Rulemaking from the Shipbuilders Council of America (SCA) and others requesting that the Coast Guard initiate a rulemaking proceeding in order to clarify and revise the agency’s current regulations concerning foreign rebuild determinations. Substantive changes to the regulations are sought with regard to what work constitutes a foreign rebuild, particularly with regard to fabrication and installation of major components and a decrease in the allowed steelweight. Additionally, the petition asks that requests for rebuild determinations be subject to notice and public comment. (1/9/10). Note: The Coast Guard has yet to take official action with regard to the Petition. This item was brought to my attention by my good friend Jon Waldron of Blank Rome LLP, who identified the petition in the public docket.
DOJ – $4 million civil penalty for FWPCA violation
The Department of Justice issued a press release stating that it reached a settlement with the owner and operator of a tank barge that exploded in 2003 in the Arthur Kill Waterway at Staten Island. The explosion killed two persons working on the barge and injured one person ashore. Over 50,000 gallons of gasoline were spilled into the waterway. Defendants have agreed to pay a civil penalty in the amount of $4 million, the largest ever paid for violation of the Federal Water Pollution Control Act (FWPCA). The monies will be paid into the Oil Spill Liability Trust Fund (OSLTF). (2/8/11).
House – bill introduced to establish trade corridor fee
Representative Calvert (R-CA) introduced a bill (H.R. 526) to direct the Secretary of Transportation to establish and collect a fee based on the fair market value of articles imported into the United States and articles exported from the United States in commerce and to use amounts collected from the fee to make grants to carry out certain transportation projects in the transportation trade corridors for which the fee is collected, and for other purposes. Official text of this bill has not yet been posted. (2/8/11).
House – bill introduced re coastwise trade for certain LNG carriers
Representative Young (R-AK) introduced a bill (H.R. 563) to authorize issuance of certificates of documentation authorizing certain vessels to engage in coastwise trade in the carriage of natural gas, and for other purposes. Official text of this bill has not yet been posted. Official text of this bill has not yet been posted. (2/8/11).
Malaysia – robbers board chemical tanker
The ReCAAP Information Sharing Centre issued an Incident Alert stating that a chemical tanker anchored off Pulau Mungging, Malaysia was boarded by armed robbers very early in the morning of February 9. The crew was robbed, but there were no injuries. (2/9/11).
Somalia – pirates release fishing vessel
The EU NAVFOR issued a press release stating that Somali pirates have released the fishing vessel Golden Wave. The condition of the 43 crewmembers is not known. The vessel was hijacked on October 9, 2010 off the coast of Kenya. (2/9/11).
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 – February 2011