Thursday, July 14, 2011

Bryant’s Maritime Blog–14 July 2011

Headlines: USCG – Sector SENE security zones; USCG – cargo security risk reduction meetings; CBP – quarterly interest rates; NOAA – LOA issued for LNG DWP; NTSB – investigation of 2009 San Diego bay collision; House – hearing on ballast water management; Court – suit for securities fraud and maritime torts; and EMSA – the world merchant fleet.

July 14, 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.

USCG – Sector SENE security zones

The US Coast Guard promulgated a rule establishing security zones around cruise ships operating in waters of Sector Southeastern New England. The security zones extend 100 yards around cruise ships anchored or moored within the Sector and 200 yards around cruise ships underway and escorted within the Sector. The rule comes into effect on August 12. 76 Fed. Reg. 41073 (July 13, 2011).

USCG – cargo security risk reduction meetings

The US Coast Guard will host meetings in St. Louis (August 2) and Houston (August 18) to consider options for reducing the risks related to transport, transfer, and/or storage of certain dangerous cargo (CDC) in bulk within the US Marine Transportation System. 76 Fed. Reg. 41278 (July 13, 2011).

CBP – quarterly interest rates

The US Customs and Border Protection (CBP) issued a notice stating that the quarterly interest rates for the period commencing July 1, 2011, are for overpayments: 3% for corporations and 4% for non-corporations, and for underpayments: 4% for all. 76 Fed. Reg. 41283 (July 13, 2011).

NOAA – LOA issued for LNG DWP

The National Oceanic and Atmospheric Administration (NOAA) issued a notice stating that a Letter of Authorization (LOA) has been issued to Neptune LNG LLC to take marine mammals, by harassment, incidental to port commissioning and operation of the Neptune Deepwater Port in Massachusetts Bay. The LOA is valid from July 12, 2011, to July 10, 2016. 76 Fed. Reg. 41486 (July 14, 2011).

NTSB – investigation of 2009 San Diego Bay collision

The National Transportation Safety Board (NTSB) issued a news release stating that it has determined that the causes of the collision in San Diego Bay on the evening of December 20, 2009, between a 33-foot USCG Special Purpose Craft-Law Enforcement (SPC-LE) and a 24-foot recreational vessel with one loss of life were excessive speed by the SPC-LE vessel and ineffective oversight of vessel operations by the Coast Guard. (7/12/11).

House – hearing on ballast water management

The Subcommittee on Coast Guard and Maritime Transportation and the Subcommittee on Water Resources and Environment of the House Committee on Transportation and Infrastructure conducted a joint hearing on ballast water management. The briefing memorandum discussed the background and issues on this topic. VADM Brian Salerno, US Coast Guard, testified concerning the agency’s regulations and policies relating to ballast water management. Mr. James Hanlon, EPA, accompanied by Dr. Deborah Swackhamer, EPA, and Dr. James Carlton, National Research Council, testified concerning the EPA’s ballast water management program. Mr. Thomas Allegretti, American Waterways Operators, testified concerning the impact of these programs on the marine industry. Mr. Michael Jewell, Marine Engineers’ Beneficial Association, testified concerning the impact of the programs on seafarers. After the hearing, the Committee issued a press release calling for a uniform national ballast water management standard. (7/13/11).

Court – suit for securities fraud and maritime torts

The US Court of Appeals for the Eleventh Circuit ruled that where the consummation of a transaction for the sale and purchase of securities that resulted in the transfer of title to a cruise ship occurred in the United States, federal courts may exercise jurisdiction over a dispute involving the transaction and allegations of the maritime torts of fraud in the inducement, recklessness, and negligence/negligent misrepresentation. In the instant case, plaintiff cruise line purchased an older cruise ship by means of acquiring the stock of the company holding title thereto. After the ship was acquired, plaintiff asserts that it learned for the first time that the ship was in need of extensive repairs. Plaintiff sued for costs of repair, loss of use of the ship, and damage to reputation. Quail Cruises v. Agencia de Viagens, No. 10-14253 (11th Cir., July 8, 2011).

EMSA – the world merchant fleet

The European Maritime Safety Agency (EMSA) has made available on its site the Equasis report – The World Merchant Fleet. The report looks at the make-up of the fleet and its performance. (7/11/11).

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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