Monday, July 11, 2011

Bryant’s Maritime Blog–11 July 2011

Headlines: DOJ – Yemeni pleads guilty to acts of piracy; EPA – proposed CARB ocean-going vessel clean fuel regulation; EPA – approval of Cape Wind OCS permit; OFAC – economic sanctions re Iran; FEMA – After Action Report/Improvement Plan; USCG – qualification as OIC of navigational watch; MARAD – Title XI loan guarantee approved; MARAD – bids sought for two high-speed vessels; House – hearing on harbor maintenance; House – ballast water hearing; House – bill introduced to allow coastwise operation of foreign cruise ships; ILO – Denmark ratifies MLC, 2006; Panama Canal – June operations summary; and UK – Fluoropolymer Foul Release technology.

July 11, 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. Searching for the elusive Higgs bison.

DOJ – Yemeni pleads guilty to acts of piracy

clip_image004 The Department of Justice (DOJ) issued a news release stating that Mounir Ali, a Yemeni national, pled guilty in federal court to acts of piracy against the United States S/V QUEST in February in the Indian Ocean, which resulted in the murder of US citizens Scott Adam, Jean Adam, Phyllis Macay, and Robert Riggle. Ali was on a boat hijacked by Somali pirates. When the pirates were in the process of hijacking the QUEST, Ali elected to participate in exchange for a share of the expected ransom money. Of the 14 suspected pirates captured by the US Navy, eleven have now pled guilty. Sentencing of Ali is scheduled for October 21. (7/7/11).

EPA – proposed CARB ocean-going vessel clean fuel regulation

clip_image006 The Environmental Protection Agency (EPA) proposes to approve revisions to the California State Implementation Plan (SIP) that EPA expects to be submitted by the California Air Resources Board (CARB). These revisions concern three regulations that are intended to reduce emissions of diesel particulate matter (PM), oxides of nitrogen (NOx), sulfur dioxide (SO2), and other pollutants from in-use, heavy-duty diesel-fueled trucks and buses and from ocean-going vessels (OGVs) operating within California jurisdiction. EPA will not take final action until California submits the final adopted regulations. Final EPA approval of the regulations and incorporation of them into the California SIP would make them federally enforceable. Comments on this proposal should be submitted by August 10. 76 Fed. Reg. 40652 (July 11, 2011). Note: CARB reportedly adopted, on June 23, revisions to its regulations regarding air emissions from OGVs, but no official version of the revisions has yet been posted on the CARB website.

EPA – approval of Cape Wind OCS permit

clip_image006[1] The Environmental Protection Agency (EPA) issued a notice stating that, on June 2, it issued a final Outer Continental Shelf (OCS) air permit decision authorizing Cape Wind Associates, LLC to construct and operate an offshore renewable wind energy project in federal waters off the coast of Massachusetts. 76 Fed. Reg. 40725 (July 11, 2011).

OFAC – economic sanctions re Iran

clip_image008 The Office of Foreign Assets Control (OFAC) issued a notice stating that it has designated additional entities whose property and interests in property are blocked as part of the US economic sanctions against Iran. One of the new entities is Tidewater Middle East Company. In addition, a previously-issued General License authorizing certain transactions with this company expires at 11:59 pm eastern daylight time on August 23. 76 Fed. Reg. 40773 (July 11, 2011).

FEMA – After Action Report/Improvement Plan

clip_image010 The Federal Emergency Management Agency (FEMA) posted a bulletin providing clarification of FY11 exercise guidance. In particular, it notes that an After Action Report/Improvement Plan (AAR/IP) must be completed and submitted within 90 days after conduct of an exercise funded through the Port Security Grant Program (PSGP). Information Bulletin 366 (7/7/11).

USCG – qualification as OIC of navigational watch

clip_image012 The US Coast Guard issued guidance regarding appropriate qualifications for STCW endorsements as office in charge (OIC) of a navigational watch on ships of 200 GRT / 500 GT or more for applicants qualifying for an officer endorsement (license) through in-service experience (“via the hawsepipe”) rather than completing a comprehensive, Coast Guard-approved program such as that offered at a maritime academy. Note that the guidance and its attachments consist of 107 pages. CG-543 Policy Letter 11-07 (June 17, 2011). Note: This item was part of the July 5 issue of this newsletter, but the earlier link went bad and has now been updated.

MARAD – Title XI loan guarantee approved

clip_image014 The Maritime Administration (MARAD) issued a news release stating that it approved an application by OSG Delaware Bay Lightering, LLC for a Title XI federal loan guarantee in the amount of $210,900,000 for two 342,775 articulated tug/barge combinations built by Bender Shipbuilding & Repair (Mobile), VT Halter Marine (Pascagoula), and Tampa Ship (Tampa). (7/7/11). Note: It is unclear why the approval is being announced at this time, as the actual approval occurred on May 17.

MARAD – bids sought for two high-speed vessels

clip_image015 The Maritime Administration (MARAD) issued a news release stating that it is now accepting bids on the ALAKAI and HUAKAI, two high-speed vessels previously owned by Hawaii Superferry LLC. Financing to construct the vessels was guaranteed, in part, by Title XI federal loan guarantees and MARAD obtained ownership of the vessels through foreclosure. Bids must be received by 5 p.m., July 20. (7/8/11).

House – hearing on harbor maintenance

clip_image017 The Water Resources and Environment Subcommittee of the House Committee on Transportation and Infrastructure conducted a hearing on maintenance of US harbors and a markup of the Realize America’s Maritime Promise (RAMP) Act (H.R. 104). As discussed in the briefing memorandum, much of the monies collected through the Harbor Maintenance Tax (HMT) is not actually invested in harbor maintenance projects. The legislation is intended to change that. Representative Charles Boustany (R-LA) explained the purpose of the legislation, which he sponsored. Mr. Gary LaGrange, Port of New Orleans, testified regarding the importance of regular dredging for access to ports on the Lower Mississippi River. Mr. Jim Weakley, Lake Carriers Association, testified regarding the importance of harbor maintenance for ports on the Great Lakes. Ms. Bonnie Brady, Long Island Commercial Fishing Association, testified concerning the importance of regular harbor maintenance for commercial fishers. (7/8/11).

House – ballast water hearing

clip_image017[1] The House Committee on Transportation and Infrastructure issued a notice stating that, on July 13, the Subcommittee on Coast Guard and Maritime Transportation and the Subcommittee on Water Resources and Environment will conduct a joint hearing on ballast water regulation. (7/8/11). Note: This item was brought to my attention by my friend Stephen Phillips of the Pacific States Marine Fisheries Commission.

House – bill introduced to allow coastwise operation of foreign cruise ships

Representative Farenthold (R-TX) introduced a bill (H.R. 2460) to amend title 46, United States Code, to allow operation of foreign-flag cruise ships in the coastwise trade of the United States. Official text of the bill is not yet available. (7/8/11).

ILO – Denmark ratifies MLC, 2006

clip_image019 The International Labour Organization (ILO) issued a news release stating that Denmark deposited its instrument of ratification of the Maritime Labour Convention, 2006 (MLC, 2006). Sixteen Member States have now ratified the convention. It is expected that the additional 14 ratifications needed to bring the MLC, 2006 into force will be obtained by the end of the year. (6/23/11).

Panama Canal – June operations summary

clip_image021 The Panama Canal Authority issued an advisory summarizing its operations for June. The advisory includes the schedule of locks maintenance work for the remainder of the year. Advisory 13-2011 (7/8/11).

UK – Fluoropolymer Foul Release technology

clip_image023 The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that it submitted an information paper to the IMO showing possible average fuel and emissions savings of 9.1% when Fluoropolymer Foul Release (FFR) technology is used. (7/8/11).

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 – July 2011

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