Friday, August 26, 2011

Bryant’s Maritime Blog - 26 August 2011

Commencing 1 September 2011, this Blogspot blog will no longer be updated. Instead, readers should go to the blog on my official website, located at . I apologize for any inconvenience, but my official website has the same information and more.


USCG – Hurricane Irene;

Court – Asian carp decision;

CBP – ACE Ocean/Rail manifest rollout rescheduled;

FERC – Freeport LNG liquefaction project;

USCG – recreational vessel propeller strike and CO poisoning prevention;

BOEMRE – Chukchi Sea oil and gas lease SEIS;

FWS – termination of southern sea otter translocation program; and

Panama Canal – locks maintenance.

August 26, 2011

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Bryant’s Maritime Consulting - 4845 SW 91st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: – Internet:

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. Remembering the future.

USCG – Hurricane Irene

clip_image004 The US Coast Guard issued a news release stating that Port Condition XRAY has been set for the coastal waters of North Carolina and a second news release stating that Port Condition XRAY has been set for the Port of Hampton Roads as the hurricane approaches. It issued a third news release stating that Port Condition WHISKEY has been set for waters of the Upper Chesapeake Bay, a fourth news release stating that Port Condition WHISKEY has been set for the Port of Philadelphia and a fifth news release stating that Port Condition WHISKEY has been set for the waters of Sector Long Island Sound. (8/25/11). Note: Copies of the Hurricane and Heavy Weather Plans for the various USCG Sectors are available on my website at: Hurricane Contingency Plans.

Court – Asian carp decision

clip_image006 The US Court of Appeals for the Seventh Circuit has denied the appeal of various Great Lakes states for a preliminary injunction that would require defendant US Army Corps of Engineers (USCOE) to put in place physical barriers throughout the Chicago Area Waterway System (CAWS) and particularly the Chicago Sanitary and Ship Canal to prevent invasive Asian carp from entering the Great Lakes. The district court denied the motion for an injunction, ruling that plaintiffs had shown only a minimal chance of succeeding on their claims. Plaintiffs appealed. The 57-page opinion is summed up in one lengthy quote: “In our view, the plaintiffs presented enough evidence at this preliminary stage of the case to establish a good or perhaps even a substantial likelihood of harm – that is, a non-trivial chance that the carp will invade Lake Michigan in numbers great enough to constitute a public nuisance. If the invasion comes to pass, there is little doubt that the harm to the plaintiff states would be irreparable. That does not mean, however, that they are automatically entitled to injunctive relief. The defendants, in collaboration with a great number of agencies and experts from the state and federal governments, have mounted a full-scale effort to stop the carp from reaching the Great Lakes, and this group has promised that additional steps will be taken in the near future. This effort diminishes any role that equitable relief would otherwise play. . . . In light of the active regulatory efforts that are ongoing, we conclude that an interim injunction would only get in the way. We stress, however, that if the agencies slip into somnolence or if the record reveals new information at the permanent injunction stage, this conclusion can be revisited.” Michigan v. US Army Corps of Engineers, No. 10-3891 (7th Cir., August 24, 2011).

CBP – ACE Ocean/Rail manifest rollout rescheduled

clip_image008 The US Customs and Border Protection (CBP) issued a news release stating that it has rescheduled the ACE Ocean/Rail Manifest System, or M1, deployment for August 26 as a result of an unplanned Automated Commercial System database outage this past weekend. (8/24/11).

FERC – Freeport LNG liquefaction project

clip_image010 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it intends to prepare an environmental assessment (EA) for the planned Freeport liquefied natural gas (LNG) liquefaction and exportation project. A public scoping meeting will be held in Lake Jackson, Texas on September 8. Written comments must be received by September 19. 76 Fed. Reg. 53440 (August 26, 2011).

USCG – recreational vessel propeller strike and CO poisoning prevention

clip_image004[1] The US Coast Guard seeks public input on how best to prevent recreational boating casualties caused by propeller strikes and carbon monoxide (CO) poisoning. Comments should be submitted by November 25. 76 Fed. Reg. 53364 (August 26, 2011).

BOEMRE – Chukchi Sea oil and gas lease SEIS

clip_image012 The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a notice stating that, for the next 30 days, it is accepting comments on its Final Supplemental Environmental Impact Statement (SEIS) for Outer Continental Shelf (OCS) Oil and Gas Lease Sale 193, Chukchi Sea, Alaska. 76 Fed. Reg. 53481 (August 26, 2011).

FWS – termination of southern sea otter translocation program

clip_image014 The Fish and Wildlife Service (FWS) proposes to terminate its southern sea otter translocation program, which it acknowledges has been a failure. Public meetings will be held in Santa Barbara on October 4 and in Santa Cruz on October 6. Written comments should be submitted by October 24. 76 Fed. Reg. 53381 (August 26, 2011). Note: You can lead an otter to water but you can’t make him loiter.

Panama Canal – locks maintenance

clip_image016 The Panama Canal Authority issued an advisory stating that the west lane of Gatun Locks will be out of service for maintenance and repair from August 27 through September 3. In addition, the west lane of Pedro Miguel Locks will be closed for dredging from August 29 through September 2. As a result, Transit Reservation System Condition 2 will be in effect from August 28 through September 2. Advisory 18-2011 (8/24/11).

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 – August 2011

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