Wednesday, February 16, 2011

Bryant’s Maritime Blog–16 February 2011

Headlines: Great Lakes – Ballast Water Working Group report; EPA – electronic waste shipment intercepted; USCG – updated Light lists; San Francisco – barge aground; BOEMRE – renewable energy alternative uses of OCS facilities; USACE – proposal to reissue and modify nationwide permits; DOT – review of existing regulations; Court – EFT must be released if not executed in time; Maryland – Offshore Wind Energy Act; Australia – unavailability of amphibious support ships; Panama Canal – heavy-duty dredger arrives; and UK – fishing vessel fined for COLREGS violation.

February 16, 2011

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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.

Great Lakes – Ballast Water Working Group report

clip_image004 The US Coast Guard issued a news release stating that the Great Lakes Seaway Ballast Water Working Group (BWWG) has posted its 2010 Summary Report. The report provides information on inspection procedures and compliance rates regarding ballast water management. In 2010, 100% of vessels bound for the Great Lakes from outside the EEZ received ballast tank examinations. In total, 7,754 ballast tanks were assessed during 415 vessel transits. Of these, 71 vessels were required to retain their ballast water on board while in the Great Lakes; one vessel elected to not enter the Great Lakes, and three vessels journeyed offshore to exchange their ballast water. (2/15/11).

EPA – electronic waste shipment intercepted

clip_image006 The Environmental Protection Agency (EPA) issued a news release stating that it has ordered two recycling companies to properly dispose of a shipment of computer waste that was intercepted by the US Customs and Border Protection (CBP). The companies were attempting to ship the discarded computer monitors via the Port of Seattle to Vietnam, having identified the items in the shipping documents as “scrap plastic”. The EPA is also seeking a $31,600 penalty against the companies for violating federal hazardous waste laws. (2/15/11).

USCG – updated Light Lists

clip_image004[1] The US Coast Guard Navigation Center issued a notice stating that Light Lists (corrected through Coast Guard LNM 01/11) for each Coast Guard District are available via the internet. The sole exception is the Light List for the Eighth District (Volumes IV and V), which should be available on February 23. (2/15/11).

San Francisco – barge aground

clip_image004[2] The US Coast Guard issued a news release stating that it is responding to a grounded barge in San Francisco Bay near the St. Francis Yacht Club. The barge was engaged in dredging operations when it started taking on water. A tug pushed it onto a sand bar to prevent it from sinking. (2/15/11).

BOEMRE – renewable energy alternative uses of OCS facilities

clip_image008 The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a proposal to revise its regulations that pertain to noncompetitive acquisition of an outer continental shelf (OCS) renewable energy lease. Comments on the proposal should be submitted by March 18. 76 Fed. Reg. 8962 (February 16, 2011).

USACE – proposal to reissue and modify nationwide permits

clip_image010 The US Army Corps of Engineers (USACE) issued a notice soliciting comments for the reissuance of the existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. Comments should be submitted by April 18. 76 Fed. Reg. 9173 (February 16, 2011).

DOT – review of existing regulations

clip_image012 The Department of Transportation (DOT) is conducting a review of its existing regulations to evaluate their continued validity and determine whether they are crafted effectively to address current problems. It is seeking comments from the public and stakeholders in this effort. Comments should be submitted by April 1. 76 Fed. Reg. 8940 (February 16, 2011).

Court – EFT must be released if final judgment not executed in time

clip_image014 The US Court of Appeals for the Second Circuit ruled that an electronic funds transfer (EFT) that was attached prior to the court’s 2009 decision that an EFT is not properly attachable under Rule B must be released where the plaintiff obtained a final judgment but had not executed it against the attached funds that were being retained by the banks in suspense accounts. Eitzen Bulk v. Ashapura Minechem, No. 10-0976-cv (2nd Cir., February 15, 2011).

Maryland – Offshore Wind Energy Act

clip_image016 The State of Maryland issued a press release stating that Governor O’Malley will introduce the Maryland Offshore Wind Energy Act of 2011 (HB 1054). Among other things, the Act will require long-term power-purchase agreements with offshore wind energy generation facilities located more than 10 miles offshore. (2/11/11).

Australia – unavailability of amphibious support ships

clip_image018 The Australian Minister for Defence, Stephen Smith MP, issued a media release stating that the amphibious support ship HMAS Tobruk will be undergoing unscheduled maintenance work for the foreseeable future. Of the other two amphibious support ships, the HMAS Manoora was decommissioned in February and the HMAS Kanimbla is in a period of extended unavailability. An independent team of experts has been convened to develop a plan to address problems in the repair and management of the amphibious and support ship fleet. The major problem, though, seems to be a long-term lack of funding for support and maintenance. (2/15/11)/

Panama Canal – heavy-duty dredger arrives

clip_image020 The Panama Canal Authority issued a press release stating that the most powerful self-propelled heavy-duty cutter suction dredge in the world, the D’Artagnan, has arrived in Panama to assist in expansion of the Canal. It will be used to expand the Pacific entrance from 192 meters to 255 meters in width and to deepen it to 15.5 meters below the mean water springs. (2/11/11).

UK – fishing vessel fined for COLREGS violation

clip_image022 The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that the master and owner of a fishing vessel pleaded guilty to breach of the International Regulations for the Prevention of Collisions at Sea by progressing in an easterly direction through the English Inshore Traffic Zone, which is designated for westerly traffic only. The fishing vessel was in a near miss situation with a Cross-Channel ferry off Dover. The master was fined £600 and the owner was fined £1,500 plus costs of £3,733. (2/15/11).

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

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