Bryant’s Maritime Blog–9 May 2011

Headlines: USCG – notice re high voltage shore power installations on US ships; Mississippi River – portion closed to navigation due to high water; Houston/Galveston – STBL pre-arrival notice; USCG – marine casualty reporting and record retention; USCG – immediate commencement of CPR; Chesapeake Bay – PREP drill; Carlsbad, California – PREP drill; USCG – reorganization of Sector North Carolina; FRA – study on protection of railroad risk reduction data; NSRP - $14.6 million for new R&D projects; MSC – transfer and operation of JHSVs; BOEMRE – senior executive sought for new bureaus; Senate – hearing on TWIC program; Senate – bill introduced re exchange of land in South Carolina; Senate – bill introduced re oil and hazardous substance liability; House – bill introduced re marine turtle conservation; House – bill introduced to establish Gulf Coast Restoration Fund; Court – federal government immune from contribution in collision; Indian Ocean – patrol aircraft thwarts hijacking; Indian Ocean – international response to pirate assault; EU NAVFOR & EMSA – increased tracking of ships off Somalia; EMSA – Blue Belt pilot project; Japan – guidance re radiation measurement of cargo and ships; and UK – end of consultation on Coastguard modernization proposal.

May 9, 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

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. “It is a tale, told by an idiot, full of sound and fury, signifying nothing.” – William Shakespeare.

USCG – notice re high voltage shore power installations on US ships

The US Coast Guard issued a Marine Inspection Notice stating that it expects the draft IEC/ISO/IEEE Draft International Standard (DIS) 80005-1 to serve as a baseline reference for USCG high voltage shore power policy and regulations. Use by ships of shore power (also known as cold ironing) has been in place on a small scale for about 10 years and is now expanding rapidly. Due to the high voltages involved and the differences between the shoreside electrical systems and shipboard electrical systems, extreme care must be utilized when during the connection/disconnection process. (5/6/11).

Mississippi River – portion closed to navigation due to high water

The US Coast Guard issued a news release stating that it is closing the Mississippi River between mile markers 844 and 849 to navigation for approximately eight days due to high water. There is an imminent danger of vessel wakes over topping the flood wall at Caruthersville, Missouri. A second news release states that the river has been opened to limited vessel traffic due to a drop in the projected water level. (5/6/11).

Houston/Galveston – STBL pre-arrival notice

All ships to be lightered (STBL) in waters subject to the jurisdiction of the United States (including the US EEZ) are required to submit a pre-arrival notice at least 24 hours in advance to the relevant USCG Captain of the Port (COTP). Sector Houston/Galveston issued a Marine Safety Information Bulletin (MSIB) explaining the requirement and a template for possible use in notifying either COTP Houston/Galveston or COTP Port Arthur. (4/22/11). Note: The template is written in Word 2010 and is not available in Word 1997-2003.

USCG – marine casualty reporting and record retention

All vessels subject to the Navigation Safety Regulations (33 CFR Part 164) are required to promptly report to the USCG when they are involved in a marine casualty and are also required to retain voyage records for possible use by the Coast Guard in its investigation of the casualty. USCG Sector Houston-Galveston issued a Maritime Safety Information Bulletin reminding masters and persons in charge of vessels operating in the area that it intends to promote full compliance with these requirements. (5/4/11).

USCG – immediate commencement of CPR

The US Coast Guard issued a Safety Alert reminding the maritime community of the importance of immediate commencement of cardiopulmonary resuscitation (CPR) when an individual suffers sudden cardiac arrest. Brain death starts to occur within four to six minutes of cardiac arrest. Each crewmember on a ship should be properly trained in CPR. (5/6/11).

Chesapeake Bay – PREP drill

The US Coast Guard issued a news release stating that it and other government and private sector stakeholders conducted a Preparedness for Response Exercise Program (PREP) oil spill response drill in Chesapeake Bay on May 5. During the exercise, deployment of assets was used by the 200 participants to simulate an actual response. (5/6/11).

Carlsbad, California – PREP drill

The US Coast Guard issued a news release stating that it and other federal, state, and local stakeholders, as well as members of the private sector will conduct a Preparedness for Response Exercise Program (PREP) drill in Carlsbad, California on May 10-12. (5/6/11).

USCG – reorganization of Sector North Carolina

The US Coast Guard issued a final rule reorganizing Sector North Carolina. Effective immediately, the headquarters for Sector North Carolina is moving from Fort Macon to Wilmington. Marine Safety Unit Wilmington is being disestablished as a separate unit. 76 Fed. Reg. 26603 (May 9, 2011).

FRA – study on protection of railroad risk reduction data

The Federal Railroad Administration (FRA) is soliciting public comment on the issue of whether it is in the public interest, including public safety and the legal rights of persons injured in railroad accidents, to withhold from discovery or use in litigation in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for purposes of evaluating, planning, or implementing a railroad safety risk reduction program required under the Rail Safety Improvement Act of 2008 (RISA), including a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures with which it will address those risks. Comments should be received by July 8. 76 Fed. Reg. 26682 (May 9, 2011). Note: The maritime industry may find this study to be of interest.

NSRP – $14.6 million for new R&D projects

The National Shipbuilding Research Program (NSRP), co-sponsored by the US Navy, issued news release stating that it has awarded funding valued at approximately $14.6 million for six new research and development (R&D) projects intended to reduce costs associated with US shipbuilding and ship repair. (5/5/11).

MSC – transfer and operation of JHSVs

The Military Sealift Command (MSC) issued a press release stating that the Departments of the Navy and Army signed a Memorandum of Agreement transferring all five of the Army’s Joint High Speed Vessels (JHSVs) to the Navy. The ten JHSVs will be operated by the MSC and crewed by civil service and contract mariners. (5/5/11).

BOEMRE – senior executives sought for new bureaus

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a press release stating that it is seeking to fill five senior executive positions for the new Bureau of Ocean Energy Management (BOEM) and the new Bureau of Safety and Environmental Enforcement (BSEE) that will replace the former Minerals Management Service (MMS). (5/6/11).

Senate – hearing on TWIC program

On May 10, the Senate Committee on Commerce, Science, and Transportation will conduct a hearing to review the Transportation Worker Identification Credential (TWIC) program. (5/6/11). Note: This item was brought to my attention by my good friend Don Bruce of JTAC Consulting.

Senate – bill introduced re exchange of land in South Carolina

Senator Graham (R-SC) introduced the Former Charleston Naval Base Land Exchange Act of 2011 (S. 869) to provide for an exchange of land between the Department of Homeland Security and the South Carolina State Ports Authority. (5/3/11).

Senate – bill introduced re oil and hazardous substance liability

Senator Tester (D-MT) introduced the Pollution Accountability Act of 2011 (S. 870) to amend the Federal Water Pollution Control Act to modify oil and hazardous substance liability, and for other purposes. (5/3/11).

House – bill introduced re marine turtle conservation

Delegate Pierluisi (D-PR) introduced a bill (H.R. 1761) to reauthorize the Marine Turtle Conservation Act of 2004, and for other purposes. Official text of the bill has not yet been posted. (5/5/11).

House – bill introduced to establish Gulf Coast Restoration Fund

Representative Bonner (R-AL) introduced a bill (H.R. 1762) to establish a Gulf Coast Restoration Fund, and for other purposes. Official text of the bill has not yet been posted. (5/5/11).

Court – federal government immune from contribution in collision

The US Court of Appeals for the Fourth Circuit ruled that the federal government is immune from a claim of contribution from a vessel owner that alleged negligence on the part of the US Navy in conducting a nighttime training exercise in which a Navy member was killed in a collision with claimant’s vessel. The estate of the deceased Navy member filed a wrongful death action against the tug owner. The tug owner sought contribution from the federal government, alleging that the collision between its tug and the rigid-hull inflatable boat (RHIB) of which the deceased was a crewmember was caused in part by the negligence of the Navy personnel who organized and conducted the training exercise. The court held that the government is not subject to suit by a third party for actions based on the death of a service member. Vulcan Materials v. Massiah, No. 10-1041 (4th Cir., May 6, 2011).

Indian Ocean – patrol aircraft thwarts hijacking

The Indian Ministry of Defence issued a press release stating that an Indian Navy patrol aircraft thwarted a vessel hijacking in the Indian Ocean approximately 450 miles off the west coast of India. A distress call was received from the Chinese merchant vessel Full City. The crew had entered a safe room. The aircraft observed a mothership next to the freighter and an empty skiff alongside. The aircraft made low passes over the freighter and warned the pirates via radio that warships were approaching. The pirates departed the freighter and fled the area. (5/6/11).

Indian Ocean – international response to pirate assault

The US Navy issued a news release stating that two of its warships in the Indian Ocean (including the aircraft carrier USS Carl Vinson) responded to a distress call from the merchant vessel Full City, which was under assault by pirates. An Indian Navy patrol aircraft had located the vessel and communicated with its crew, which had locked themselves in a secure space. The Turkish frigate TCG Giresun boarded the merchant vessel and confirmed that the pirates had departed. The guided-missile cruiser Bunker Hill intercepted a dhow in the vicinity. The individuals on board the dhow were suspected to be the pirates, but there was little direct evidence. Paraphernalia onboard, including weapons and excess fuel, were destroyed, as well as the skiff being towed astern. The Turkish Navy issued its own news release regarding the incident. (5/6/11).

EU NAVFOR & EMSA – increased tracking of ships off Somalia

The EU NAVFOR issued a press release stating that it and the European Maritime Safety Agency (EMSA) have collaborated to develop an integrated maritime monitoring service (MARSURV) to allow EU NAVFOR to track merchant vessels in the High Risk Area off the coast of Somalia. MARSURV will fuse multiple sources of ship-specific information (MSCHOA registration and UKMTO reporting information) and positional data (LRIT and satellite AIS) in a real-time environment. (5/6/11).

EMSA – Blue Belt pilot project

The European Maritime Safety Agency (EMSA) issued a press release stating that the Blue Belt pilot project has commenced operation. For the 250 vessels voluntarily participating, their movements will be automatically monitored. Those movements will be reported to relevant customs authorities in EU member states before arrival to confirm that the vessels have only visited EU ports if they declare intra-EU goods on board. (5/6/11).

Japan – guidance re radiation measurement of cargo and ships

The Japanese Ministry of Land, Infrastructure, Transport and Tourism (MLIT) issued guidance regarding radiation measurement for export containers and ships in order to provide foreign port authorities with proper access to accurate data. (4/22/11).

UK – end of consultation on Coastguard modernization proposal

The UK Department for Transport issued a notice stating that the consultation period on the proposed modernization of Coastguard services closed on May 5. The modernization will, if implemented as proposed, consolidate the number of Coastguard Maritime Operations Centres, among other things. (5/6/11). Note: The proposal generated strong opposition among the maritime community and the public in general. Final decision on the proposal pends.

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 – May 2011

Redistribution permitted with attribution