Bryant’s Maritime Blog–20 June 2011

Headlines: MARAD – two high-speed vessels for sale; OFAC – shipment of certain merchandise between foreign countries; OFAC – economic sanctions against North Korea; Approaches to San Francisco – Port Access Route Study; New Bedford – anchorage ground and RNA; USCG – validation of MMD information; USCG – validation of license and COR information; USCG – meeting of SLF SOLAS working group; DOJ – chief engineer sentenced for obstructing investigation; USN – Merchant Marine Reserve Program becomes Strategic Sealift Officer Program; House – bill introduced re capital construction funds; Court – ruling on vertical tandem lifts; EC – vessel traffic monitoring and information system regime; EMSA – CleanSeaNet report; India – escort activities in Gulf of Aden; Somalia – pirates release MV Suez; and Somalia – pirates release MV Susan K.

June 20, 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. The Ship of Theseus sails forever.

MARAD – two high-speed vessels for sale

The Maritime Administration (MARAD) issued a notice stating that it is offering for public sale, on an “as is, where is” basis, two fast ferry vessels, the ALAKAI and the HUAKAI. The vessels are currently berthed in Norfolk, Virginia. Bids must be received not later than 5:00 pm on July 20. 76 Fed. Reg. 35941 (June 20, 2011).

OFAC – shipment of certain merchandise between foreign countries

The Office of Foreign Assets Control (OFAC) is removing parts 500 and 505 from Title 31, Code of Federal Regulations (CFR) relating to the prohibition of transactions involving shipment of certain merchandise between foreign countries. The removal is effective immediately. 76 Fed. Reg. 35739 (June 20, 2011).

OFAC – economic sanctions against North Korea

The Office of Foreign Assets Control (OFAC) is amending the North Korea Sanctions Regulations to implement Executive Order 13570 of April 18, 2011. The amendments come into effect immediately. 76 Fed. Reg. 35740 (June 20, 2011).

Approaches to San Francisco – Port Access Route Study

The US Coast Guard announced the availability of a Port Access Route Study (PARS) evaluating the continued applicability of and potential need for modifications to the current vessel routing in the Approaches to San Francisco. 76 Fed. Reg. 35805 (June 20, 2011).

New Bedford – anchorage ground and RNA

The US Coast Guard is amending an existing anchorage ground that overlaps a pilot underwater cap in the New Bedford Harbor Superfund Site. It is also establishing a regulated navigation area (RNA) prohibiting activities that disturb the seabed around the Superfund Site. The RNA will not affect transit or navigation in the area. The changes come into effect on July 20. 76 Fed. Reg. 35742 (June 20, 2011).

USCG – validation of MMD information

The US Coast Guard issued a notice stating that it intends to finalize regulations previously published as an interim rule on January 6, 2004 establishing enhanced application procedures for the Merchant Mariner Licensing and Documentation program. The only unfinalized interim rule (which would be finalized by this proposed action) is located at 46 CFR § 12.01-1(a)(1) and relates to the purpose of rule. It currently provides, in pertinent part: “The purposes of the regulations in this part are to provide – (1) A comprehensive and adequate means of determining and verifying the identity, citizenship, nationality, and professional qualifications an applicant must possess to be eligible for certification to serve on merchant vessels of the United States; . . .” Comments on this proposed action should be submitted by August 15. 76 Fed. Reg. 35173 (June 16, 2011).

USCG – validation of license and COR information

The US Coast Guard issued a notice stating that it intends to finalize regulations previously published as an interim rule on January 13, 2006 amending the maritime personnel licensing rules to include new security requirements when mariners apply for original, renewal, and raise-in-grade licenses and certificates of registry. The only unfinalized interim rule (which would be finalized by this proposed action) is the definition of Dangerous Drug, located at 46 CFR § 10.107(b) and currently worded as follows: “Dangerous drug means a narcotic drug, a controlled substance, or a controlled-substance analogue (as defined in section 102 of the Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).” Comments on this proposed action should be submitted by August 15. 76 Fed. Reg. 35169 (June 16, 2011).

USCG – meeting of SLF SOLAS working group

The US SOLAS Working Group on Stability and Load Lines and on Fishing Vessel Safety (SLF) will meet in Washington, DC on July 21 to prepare for the upcoming session of the IMO SLF Subcommittee. Topics on the agenda include development of second generation intact stability criteria and development of guidelines for verification of damage stability requirements for tankers. (6/17/11).

DOJ – chief engineer sentenced for obstructing investigation

The Department of Justice (DOJ) issued a news release stating that the former chief engineer of a cargo ship has been sentenced to six months in prison, followed by two years of supervised release. The mariner pleaded guilty to obstructing a Coast Guard investigation into illegal overboard discharges of oily waste water. Previously, the owner/operator of the vessel pleaded guilty to obstructing the investigation and to violating the Act to Prevent Pollution from Ships. It was sentenced to pay a criminal fine of $2.4 million and to serve three years’ probation, subject to an environmental compliance plan that includes audits by an independent third party auditor. (6/16/11).

USN – Merchant Marine Reserve Program becomes Strategic Sealift Officer Program

The US Navy issued a news release stating that OPNAVINST 1534.ID has been revised to transition the Merchant Marine Reserve Program to the Strategic Sealift Officer Program (SSOP). The changes are intended to align and improve support to the Military Sealift Command (MSC) and other Joint and Navy commands, providing the capability for emergency crewing of sealift ships and shoreside support to Navy commands that require unique maritime expertise. (6/16/11).

House – bill introduced re capital construction funds

Representative Young (R-AK) introduced a bill (H.R. 2241) to provide an election to terminate certain capital construction funds without penalties. Official text of the bill is not yet available. (6/16/11).

Court – ruling on vertical tandem lifts

The US Court of Appeals for the District of Columbia Circuit ruled that the 2008 rulemaking by the Occupational Safety and Health Administration (OSHA) regarding vertical tandem lifts (VTLs) of cargo at marine terminals is generally valid, but that the portions relating to the inspection requirement for ship-to-shore VTLs and the total ban on platform container VTLs are invalid. National Maritime Safety Association v. OSHA, No. 09-1050 (DC Cir., June 17, 2011).

EC – vessel traffic monitoring and information system regime

The European Commission (EC) issued a press release stating that it has requested nine Member States to adopt national legislation to implement EU rules setting up a vessel traffic monitoring and information system. (6/16/11).

EMSA – CleanSeaNet report

The European Maritime Safety Agency (EMSA) posted its CleanSeaNet report summarizing its satellite surveillance activities during the period 16 April 2007 through 31 January 2011. The EMSA utilizes satellites to detect pollution (primarily oil spills) in European waters and identify the polluters. During this period, 2,828 satellite detections were checked on site, of which 745 were confirmed as mineral oil (80%) or other substance (20%). (6/16/11). Note: This item was brought to my attention by my good friend Jean-Philippe Gobillon of Adnavis BVBA.

India – escort activities in Gulf of Aden

The Indian Ministry of Defence issued a press release stating that the MV Suez (previously hijacked by Somali pirates but recently released by the pirates) is transiting the Gulf of Aden and is being closely monitored by warships in the vicinity. The INS Godavari is escorting two other merchant vessels with 21 Indian crewmembers in the Gulf of Aden. (6/16/11).

Somalia – pirates release MV Suez

The EU NAVFOR issued a press release stating that the MV Suez and its 23 crewmembers have been released by Somali pirates. The vessel was hijacked on August 2, 2010 in the Gulf of Aden. (6/17/11).

Somalia – pirates release MV Susan K

The EU NAVFOR issued a press release stating that the MV Susan K and its ten crewmembers have been released by Somali pirates. The vessel was hijacked on April 8, 2011 in the Indian Ocean 200 nautical miles northeast of Salalah, Oman. (6/17/11).

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 – June 2011

Redistribution permitted with attribution