Headlines: USCG & CBP – Small Vessel Stakeholder Executive Summit; SLSDC – Seaway regulations and rules; EPA – shipyard construction site proposed for National Priorities List; House – bill introduced to protect endangered salmon; House – bill introduced re disposal of dredged or fill material; Court – application of Carmack Amendment; CMF – tanker recovered from pirates; EU – European strategy for the Atlantic region; EMSA – March newsletter; Ireland – survey off south coast; and UK – report on engine room fire.
March 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. Planck’s Constant isn’t.
USCG & CBP – Small Vessel Stakeholder Executive Summit
The US Coast Guard issued a news release stating that it and the US Customs and Border Protection (CBP) will host the Small Vessel Stakeholder Executive Summit in Arlington, Virginia on March 11. (3/9/11).
SLSDC – Seaway regulations and rules
The US Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada are jointly amending the Seaway Regulations and Rules. The changes concern condition of vessels and preclearance and security for tolls. The amendments come into effect on March 20. 76 Fed. Reg. 13088 (March 10, 2011).
EPA – shipyard construction site proposed for National Priorities List
The Environmental Protection Agency (EPA) issued a news release stating that it is proposing to add a shipyard construction site in Astoria, Oregon to the National Priorities List for cleanup under the Superfund. Sediments at the site and adjacent waterways have been contaminated with petroleum, heavy metals, polyaromatic hydrocarbons, and organotins. (3/9/11).
House – bill introduced to protect endangered salmon
Representative Hastings (R-WA) introduced the Endangered Salmon Predation Prevention Act (H.R. 946) to amend the Marine Mammal Protection Act of 1972 to reduce predation on endangered Columbia River salmon, and for other purposes. (3/8/11).
House – bill introduced re disposal of dredged or fill material
Representative Rogers (R-KY) introduced a bill (H.R. 960) to amend the Federal Water Pollution Control Act to clarify the authority of the Administrator of the Environmental Protection Agency to disapprove specifications of disposal sites for the discharge of dredged or fill material, and to clarify the procedure under which a higher review of specifications may be requested. Official text of the bill has not yet been posted. (3/8/11).
Court – application of Carmack Amendment
The US Court of Appeals for the Ninth Circuit ruled that a shipper who was not named in the bill of lading, but who owned the cargo, has standing to bring suit under the Carmack Amendment. In the instant case, plaintiff insurance company, on behalf of its insured cargo owner, brought suit against defendant carrier for loss of cargo during an international shipment to the United States. The district court agreed with the defendant that, because the cargo owner was not identified in the bill of lading, it had no standing to sue. Plaintiff appealed. The appellate court reversed, holding that the 1978 change to the Carmack Amendment broadened the group of parties entitled to recover under a receipt or bill of lading. The court also ruled that the carrier in this case was entitled to limit its liability because the shipper had never requested a copy of the rates applicable to the shipment. OneBeacon Insurance Co. v. Haas Industries, No. 08-16826 (9th Cir., March 9, 2011).
CMF – tanker recovered from pirates
The homepage of the Combined Maritime Forces (CMF) starts with an article regarding the recent actions of one of its warships, the USS Buckeley (DDG 84) in securing the release of a tanker and its crew of 24 from Somali pirates who had hijacked the vessel. The crew had retreated to a citadel to await rescue. The article includes several photographs. The first photograph appears to show the assault team from the Buckeley as they board the tanker. (3/9/11).
EU – European strategy for the Atlantic region
The European Parliament issued a press release stating that it adopted a resolution on European strategy for the Atlantic region calling for better policy coordination between EU regions bordering the Atlantic Ocean. (3/9/11).
EMSA – March newsletter
The European Maritime Safety Agency (EMSA) posted its Newsletter for March 2011. This edition discusses, among other things, tracking ships from space and ensuring that polluters pay. (3/8/11).
Ireland – survey off south coast
The Irish Department of Transport issued a notice stating that a multibeam and side scan sonar survey will be conducted off the south coast of Ireland during the period March 29-April 12. Ships are requested to give the survey vessel and its towed array a wide berth. Marine Notice 15/2011 (3/8/11).
UK – report on engine room fire
The UK Marine Accident Investigation Branch (MAIB) issued the report of its investigation of an auxiliary engine room fire on a ro-ro passenger ferry in Falmouth Bay on 2 February 2010. Investigation of the casualty revealed a number of issues, but the major deficiency related to total flooding (high-expansion foam) fixed fire-extinguishing system. This system failed in this instance because rust and scale within the dry pipe network had clogged the foam distribution nozzles and prevented production of foam. Report 3/2011 (3/10/11).
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 – March 2011