Thursday, July 21, 2011

Bryant’s Maritime Blog–21 July 2011


USCG – Deck & Engineering Examination Guide;

Massachusetts Bay – takes of marine mammals;

MPAFAC – meetings;

LCSLCAW – meeting;

Senate – hearing on lessons from Gulf oil spill;

Senate – hearing on transportation infrastructure funding;

IMO – implementation of BMP guidance;

UNCTAD – Transport Newsletter;

EU NAVFOR – Operation Atalanta photographic competition;

Paris MOU – annual report; and

Australia – report on crew member fatality.

July 21, 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 – Deck & Engineering Examination Guide

clip_image004 The USCG National Maritime Center (NMC) issued a notice stating that the format of the Deck & Engineering Examination Guide has been revised to allow for quick retrieval of all necessary information concerning the examination process, as well as the exams administered for each particular endorsement. (7/20/11).

Massachusetts Bay – takes of marine mammals

clip_image006 The National Oceanic and Atmospheric Administration (NOAA) issued a notice stating that it received an application from Tetra Tech EC on behalf of Northeast Gateway Energy Bridge for authorization to take marine mammals by harassment incidental to operating a liquefied natural gas (LNG) deepwater port (DWP) in Massachusetts Bay for the period August 2001 through August 2012. Comments on this application should be submitted by August 22. 76 Fed. Reg. 43639 (July 21, 2011).

MPAFAC – meetings

clip_image007 The Marine Protected Areas Federal Advisory Committee (MPAFAC), sponsored by the National Oceanic and Atmospheric Administration (NOAA), will meet via web conference calls on August 16 and August 23. The first meeting will discuss issues in the draft recommendations developed by the Coastal and Marine Spatial Planning Subcommittee. The second meeting will vote on recommendations on the linkages between marine protected areas and Coastal and Marine Spatial Planning. 76 Fed. Reg. 43658 (July 21, 2011).

LCSLCAW – meeting

clip_image009 The Lake Champlain Sea Lamprey Control Alternatives Workgroup (LCSLCAW), sponsored by the Fish and Wildlife Service (FWS), will meet in Essex, New York on August 22. The agenda includes discussion of proposals received and a presentation on the potential for using Genetically Modified Organism (GMO) technology to control sea lamprey population size in Lake Champlain. 76 Fed. Reg. 43698 (July 21, 2011).

Senate – hearing on lessons from Gulf oil spill

clip_image011 The Subcommittee on Oceans, Atmosphere, Fisheries & Coast Guard of the Senate Committee on Commerce, Science & Transportation conducted an oversight hearing on “Lessons in Prevention, Response, and Restoration from the Gulf Oil Spill”. Committee Chairman John D. (Jay) Rockefeller IV (D-WV) delivered an opening statement. Rear Admiral Paul F. Zukunft, USCG, testified concerning lessons learned by the Coast Guard’s from its response to the oil spill. Mr. David M. Kennedy, NOAA, testified concerning the role of the National Oceanic and Atmospheric Administration (NOAA) with regard to response and restoration. The Honorable Grover Robinson, Escambia County, Florida, testified concerning the impact of the oil spill on coastal communities. Dr. Eugene Turner, Louisiana State University, testified concerning the environmental impact of the spill on the Gulf ecosystem. Mr. Erik Milito, American Petroleum Institute, testified concerning efforts of the oil and gas industry to prevent and address future spills. Mr. Jim Ayers, Ocean Conservancy, testified concerning steps that should be taken to reduce the risk of future spills. (7/20/11).

Senate – hearing on transportation infrastructure funding

clip_image012 The Senate Committee on Commerce, Science & Transportation conducted an oversight hearing on “Building American Transportation Infrastructure through Innovative Funding”. The hearing focused primarily on surface transportation (highway, transit, and rail), but did discuss maritime port access issues. Chairman John D. (Jay) Rockefeller IV (D-WV) delivered an opening statement. The Honorable Polly Trottenberg, Department of Transportation, testified regarding administration policy. Mr. Robert Dove, The Carlyle Group, testified concerning the role of private sector financing. (7/20/11).

Court – due care in dissemination of navigability information

clip_image014 In an unpublished decision, the US Court of Appeals for the Fifth Circuit ruled that the US Army Corps of Engineers (USACE) exercised due care in distributing its data derived from surveys of the Mississippi River in waters off the Napoleon Avenue Wharf in New Orleans. A ship grounded in those waters several days after the most recent survey by the USACE. The USACE had made its survey data available via its website and through the mailing of a paper copy of the data. It also was available to respond to specific questions over the telephone. The court held that these multifaceted efforts to provide information about the navigability of the harbor constituted due care. MS Tabea Schiffahrtsgesellschaft v. Board of Commissioners of the Port of New Orleans, No. 10-31093 (5tth Cir., July 20, 2011).

IMO – implementation of BMP guidance

clip_image016 The IMO Maritime Safety Committee (MSC) adopted a resolution strongly urging all those concerned to take action to ensure that as a minimum and as recommended in the Best Management Practices (BMP): [a] ships’ masters receive updated information before and during sailing through the defined High Risk Area; [b] ships register with the Maritime Security Centre Horn of Africa (MSCHOA) and report to United Kingdom Maritime Trade Operations (UKMTO) Dubai; and [c] ships effectively implement all recommended preventive, evasive, and defensive measures. Res.MSC.324(89) (20 May 2011).

UNCTAD – Transport Newsletter

clip_image018 The United Nations Conference on Trade and Development (UNCTAD) posted the latest edition of its Transport Newsletter. This issue includes articles on the 2004 Ballast Water Management Convention, IMO Codes for the safe carriage of goods at sea, and a discussion on the advent of container derivatives. Transport Newsletter No. 50 (7/14/11).

EU NAVFOR – Operation Atalanta photographic competition

clip_image020 The EU NAVFOR issued a press release announcing the winners of the 2011 Operation Atalanta photographic competition. The photographs illustrate the counter-piracy work of the operation. (7/20/11).

Paris MOU – annual report

clip_image022 The Paris MOU released its 2010 Annual Report on Port State Control (PSC). There are now 42 flags on the White List, three more than the prior year. Since 2007, the detention rate has been gradually decreasing and is now down to 3.3%. (7/11/11).

Australia – report on crew member fatality

clip_image024 The Australian Transport Safety Bureau (ATSB) issued the report of its investigation into a crew member fatality on board a bulk carrier at sea off Queensland on 15 November 2010. The individual died after falling from the ship’s number five cargo hold ladder while repairing a section of its hand railing. The exact reason for the fall could not be determined, but it was found that he was not wearing a safety harness and his hardhat was probably not fastened correctly. MO-2010-010 (7/19/11).

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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