Headlines: DOJ – Somali national sentenced for assault on foreign merchant ship; White House – continuation of national emergency re Somalia; NATO & EU NAVFOR – guidance re AIS transmissions; FMC – NVOCC negotiated rate arrangements – correction; FEMA – treatment of Sensitive Security Information; Chicago Sanitary & Ship Canal – fish barrier IIB activated; EPA – reducing emissions from trucks used at ports; USCG-BOEMRE – board takes more testimony; Columbia River – tug allides with anchored vessel; House – bill introduced re FWPCA fill material; House – bill introduced to reform BOEMRE; and WTO – trade growth of 6.5% projected for 2011.
April 8, 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. “Honesty is the best policy, but insanity is a better defense.” (Steve Landesburg).
DOJ – Somali national sentenced for assault on foreign merchant ship
The Department of Justice issued a press release stating that a Somali national has been sentenced to 25 years in prison for conspiracy to commit piracy under the law of nations and conspiracy to use a firearm during a crime of violence. The acts involved an armed assault on a foreign merchant vessel on the high seas. The CEC Future (with 13 crew members on board) was hijacked on November 7, 2008 and was released on January 16, 2009, following payment of a $1.7 million ransom. (4/7/11).
White House – continuation of national emergency re Somalia
The White House issued a notice stating that President Obama has continued for one year the national emergency with respect to Somalia. As justification, the notice cites the deterioration of the security situation and the persistence of violence, acts of piracy and armed robbery at sea, and violations of the Somali arms embargo. (4/7/11).
NATO & EU NAVFOR – guidance re AIS transmissions
The North Atlantic Treaty Organization (NATO) and the EU NAVFOR issued Revised AIS Guidance recommending that masters leave their ships’ Automatic Identification System (AIS) transmitting across the entire High Risk Area as set out in BMP3. The reason for this change is so that Counter-Piracy Naval Operations have the required data to track real time positions of merchant vessels. (4/5/11).
FMC – NVOCC negotiated rate arrangements – correction
The Federal Maritime Commission (FMC) issued a correction to its earlier rulemaking relating to non-vessel-operating common carrier (NVOCC) negotiated rate arrangements. The correction, effective on April 18, clarifies that the negotiated rate arrangement must be agreed to prior to receipt of the cargo and removes the requirement that NVOCCs indicate their intention to move cargo under negotiated rate arrangements on their Form FMC-1 on file with the Commission. 76 Fed. Reg. 19706 (April 8, 2011).
FEMA – treatment of Sensitive Security Information
The Federal Emergency Management Agency (FEMA) issued a bulletin emphasizing the importance of properly marking Sensitive Security Information (SSI) in grant application materials and in submission of data and information under transparency requirements or for reporting under the American Recovery and Reinvestment Act of 2009 (ARRA). Information Bulletin No. 359 (4/5/11).
Chicago Sanitary & Ship Canal – fish barrier IIB activated
The US Army Corps of Engineers (USACE) issued a press release stating that electric fish barrier IIB on the Chicago Sanitary and Ship Canal near Romeoville, Illinois has been activated. The barrier applies a maximum field strength at the water surface of 2 volts/inch, with 15 pulses per second and each pulse is 6.5 milliseconds in duration. The electric barriers project was design to reduce the risk of inter-basin transfer of fish (particularly Asian carp) from the Mississippi River and Great Lakes drainage basins. (4/7/11).
EPA – reducing emissions from trucks used at ports
The Environmental Protection Agency (EPA) issued a news release stating that it is launching a dray truck initiative, as part of its SmartWay Transport Partnership program, to reduce harmful diesel emissions from large diesel trucks used at port facilities to haul freight from cargo ships to nearby local distribution points. (4/7/11).
USCG-BOEMRE – board takes more testimony
The USCG-BOEMRE Joint Investigation issued a news release stating that it concluded the third day of its seventh session of hearings. Testimony was taken from Ian Little, manager of exploration and appraisal for BP. (4/7/11).
Columbia River – tug allides with anchored vessel
The US Coast Guard issued a news release stating that a tug allied with an anchored vessel on the Columbia River near Vancouver, Washington. The incident is under investigation. (4/7/11).
House – bill introduced re FWPCA fill material
Representative Pallone (D-NJ) introduced the Clean Water Protection Act (H.R. 1375) to amend the Federal Water Pollution Control Act to clarify that fill material cannot be comprised of waste. (4/5/11).
House – bill introduced to reform BOEMRE
Representative Buchanan (R-FL) introduced a bill (H.R. 1393) to reform the Bureau of Ocean Energy Management, Regulation and Enforcement and offshore drilling for oil and gas, to repeal the limitation of liability of a responsible party for discharge of oil from an offshore facility, and for other purposes. Official text of the bill has not yet been posted. (4/6/11).
WTO – trade growth of 6.5% projected for 2011
The World Trade Organization (WTO) issued a press release stating that world trade during 2010 grew by 14.5% over the previous year. Trade is expected to grow by a more modest but sustainable level of 6.5% during 2011. Recent events, though, make projections uncertain. (4/7/11).
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 – April 2011