Bryant’s Maritime Blog–10 August 2011

Commencing 1 September 2011, my Blogspot blog will no longer be updated. Instead, readers should go to the blog on my official website, located at http://brymar-consulting.com/?page_id=6 . I apologize for any inconvenience, but my official website has the same information and more.

Headlines:

USCG – barge may be constructed of foreign steel;

USCG – Liberia included in Qualship 21 program;

FEMA – submission of financial data;

Court – triggering excess insurance liability;

India – oil spill response;

Liberia, Marshall Islands & Panama – declaration against piracy; and

UK – crew of Viking long boat rescued.

August 10, 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. Remembering the future.

USCG – barge may be constructed of foreign steel

The US Coast Guard National Vessel Documentation Center (NVDC) issued a Determination Letter stating that a flat deck, self-unloading container barge to be constructed in a US shipyard would be eligible for employment in the coastwise trade even though steel plate and steel bulb flats would be procured from a foreign source. These steel pieces would be imported in standard sizes and any manufacturing or fabrication would be done in the United States. A limited number of foreign-fabricated items of the hull or superstructure, amounting to less than 1.5% of the barge’s steelweight, could be utilized in construction of the barge. (8/1/11).

USCG – Liberia included in Qualship 21 program

The US Coast Guard issued a letter stating that Liberia has been included in the Quality Shipping for the 21st Century (Qualship 21) program based on the low (0.73%) detention rate of Liberian vessels calling in US ports over the past three calendar years. (5/19/11).

FEMA – submission of financial data

The Federal Emergency Management Agency (FEMA) issued an Information Bulletin advising that its Grant Programs Directorate will be reviewing all financial data required on the Standard Form (SF) 425. The completed SF 425 must be submitted on a quarterly basis. Failure to submit the SF 425 by its submission date could result in the temporary withholding of cash payments. (8/2/11).

Court – triggering excess insurance liability

The US Court of Appeals for the Fifth Circuit ruled that excess insurance coverage is only triggered after the primary insurance limit has been exhausted. While the instant case was in active litigation in 2009, the intervening excess insurance deposited with the court the amount of excess coverage when it filed a motion to intervene in litigation involving the July 23, 2008 collision in the Mississippi River between the motor vessel Tintomara and the tank barge DM-932, in the tow of the Mel Oliver. A claimant in the case moved for an award of prejudgment interest against the excess insurer, which the district court granted. The excess insurer appealed. The appellate court reversed, holding that, because the primary insurance policy had not been exhausted as of the time the interpleader was filed, the excess insurer neither unreasonably delayed nor was unjustly enriched by not filing the interpleader earlier. Thus, there was no basis on which to award prejudgment interest. Gabarick v. Laurin Maritime, No. 10-30886 (5th Cir., August 9, 2011).

India – oil spill response

The Indian Ministry of Defence issued a press release stating that the Indian Coast Guard is responding to the oil spill from a sunken vessel off the west coast of India near Mumbai. A more-detailed press release was issued by the Ministry of Shipping. (8/8/11).

Liberia, Marshall Islands & Panama – declaration against piracy

The Republic of Liberia, the Republic of the Marshall Islands, and the Republic of Panama issued a Declaration condemning acts of violence against seafarers and affirming their commitment to supply information provide to them by vessel owners, operators, or seafarers following acts or attempted acts of piracy or armed robbery to the International Maritime Bureau, in accordance with each flag State’s internal procedures. (8/3/11).

UK – crew of Viking long boat rescued

The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that the seven-member crew of the Norwegian vessel Dragens Vinge (Dragon’s Wing) has been rescued after they activated their Emergency Position Indicating Radio Beacon (EPIRB). The vessel, a reproduction of a tenth century Viking long boat, was on a voyage from Norway to the Shetland Islands when it encountered heavy weather. (8/8/11).

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 – August 2011

Redistribution permitted with attribution