Thursday, August 11, 2011

Bryant’s Maritime Blog–11 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 . I apologize for any inconvenience, but my official website has the same information and more.


USCG – inspection of towing vessels;

Columbia River – safety zone extended;

DOT – Digital Transportation Exchange;

IRS – countries requiring boycott cooperation;

USCG – Contingency Exercise Manual;

FMC – meeting;

MARAD – Women on the Water Conference;

Miami – enforcement of manatee and no-wake zones;

Senate – bill introduced re delegation of ship inspection services;

Court – defense costs erode policy limits;

India – coastal surveillance increased;

UK – Red Tape Challenge; and

M/V Windoc-Allanburg Bridge collision – August 11, 2011.

August 11, 2011

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

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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. Remembering the future.

USCG – inspection of towing vessels

clip_image004 The US Coast Guard issued a Notice of Proposed Rulemaking (NPRM) regarding inspection of towing vessels. The proposal, if adopted, would establish safety regulations governing the inspection, standards, and safety management systems for towing vessels. The proposal includes provisions covering: specific electrical and machinery requirements for new and existing towing vessels, the use and approval of third party auditors and surveyors, and procedures for obtaining Certificates of Inspections. The Coast Guard also seeks additional data, information, and public comment on potential requirements for hours of service or crew endurance management for mariners on board towing vessels. The agency estimates that, over the ten year period of its analysis, the annualized costs of this rulemaking to the towing industry will range from $14 to $18 million. Comments on this proposal should be submitted by December 9. 76 Fed. Reg. 49975 (August 11, 2011). Note: For many towing companies and their personnel, this rulemaking will have a major impact on how they do business. For some companies, this will merely formalize what they have been doing for years. The rulemaking will, in many areas, level the playing field between competitors.

Columbia River – safety zone extended

clip_image005 The US Coast Guard has extended, through August 31, the safety zone on the Columbia River in the waters surrounding the salvage operation for the M/V Davy Crockett. 76 Fed. Reg. 49664 (August 11, 2011).

DOT – Digital Transportation Exchange

clip_image007 The Department of Transportation (DOT) issued a notice stating that it is evaluating the feasibility and value of a new cloud-based platform to connect citizens, businesses, state and local governments, industry, entrepreneurs, researchers, and investors to create a marketplace for digital transportation solutions. The Department will host a public meeting in Washington, DC on September 16 to discuss the concept. Written comments should be submitted by September 23. 76 Fed. Reg. 49832 (August 11, 2011).

IRS – countries requiring boycott cooperation

clip_image009 The Internal Revenue Service (IRS) issued a notice providing the current list of countries requiring cooperation with an international boycott. These listed nations are: Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria, the United Arab Emirates, and Yemen. 76 Fed. Reg. 49836 (August 11, 2011).

USCG – Contingency Exercise Manual

clip_image010 The US Coast Guard issued ALCOAST 376/11 announcing that a revision to Volume III of the Coast Guard Contingency Exercise Manual (COMDTINST M3010.13 (series)) has been promulgated. The revised manual provides policy and guidance for the USCG contingency exercise program and for planning, conducting, and evaluating exercises. The revision reflects changes in USCG and Department of Homeland Security (DHS) requirements and legislative mandates since 1994. (8/8/11).

FMC – meeting

clip_image012 The Federal Maritime Commission (FMC) issued a news release stating that it will meet in Washington, DC on August 17. In the open session, it will discuss the proposed rule on passenger vessel financial responsibility requirements. In the closed session, it will consider possible special reporting requirements for the Transpacific Stabilization Agreement and the Westbound Transpacific Stabilization Agreement; the PierPass Traffic Mitigation Fee; index-based service contract filings and regulatory issues; and the reconstruction proceedings and Chapter 15 bankruptcy petition of The Containership Company. (8/10/11).

MARAD – Women on the Water Conference

clip_image014 The Maritime Administration (MARAD) issued a news release stating that the fifth annual Women on the Water Conference will be held at the Massachusetts Maritime Academy in Buzzards Bay on October 27-29. (8/10/11).

Miami – enforcement of manatee and no-wake zones

clip_image015 The US Coast Guard issued a news release stating that it and state and local law enforcement agencies will substantially increase law enforcement operations in manatee and no-wake zones throughout the Miami area. (8/10/11).

Senate – bill introduced re delegation of ship inspection services

clip_image017 Senator Collins (R-ME) introduced the Ethical Shipping Inspections Act of 2011 (S. 1496) to amend title 46, United States Code, to prohibit the delegation by the United States of inspection, certification, and related services to a foreign classification society that provides comparable services to Iran, North Korea, North Sudan, or Syria, and for other purposes. (8/2/11). Note: This bill does not address traditional classification surveys, but is limited to the delegation by the US Coast Guard of authority of certain classification societies to perform inspections on behalf of the Coast Guard and to issue statutory certificates, such as Load Line Certificates. Currently, five foreign classification societies (BV, DNV, GL, LR, and RINA) have been delegated such authority to act on behalf of the US Coast Guard in various circumstances.

Court – defense costs erode policy limits

clip_image019 The US Court of Appeals for the Fifth Circuit ruled that, as regards a maritime liability insurance policy, the policy limits include defense costs. The instant case involves 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. The liability insurer deposited monies equal to the policy limit into the registry of the court and declined to defend the actions against the insured. The insured sought a court order requiring the insurer to defend the actions. The district court denied the motion and the insured appealed. The appellate court affirmed, holding that the insurance policy and traditional principles of maritime law provide that defense costs erode protection and indemnity limits of liability. Gabarick v. Laurin Maritime, No. 09-30549 (5th Cir., August 10, 2011). Note: The appellate court cited as maritime insurance commentators supporting its position two of my good friends: Charles M. Davis and Stephen V. Rible.

India – coastal surveillance increased

clip_image021 The Indian Ministry of Defence issued a press release stating that coastal surveillance and patrolling have been increased off the Gujarat Coast following the apprehension in June of 38 persons, most of Somali origin. (8/8/11).

UK – Red Tape Challenge

clip_image023 The UK Department for Transport (DfT) issued a press release stating that it is seeking comments on which of its regulations are working and which are not. Based, at least in part, on that feedback, DfT will start getting rid of unnecessary red tape. Comments should be submitted by 14 September. (8/10/11).

M/V Windoc-Allanburg Bridge collision – 11 August 2001

clip_image025 On 11 August 2001, the motor vessel Windoc and the Allanburg Bridge suffered a collision. Ship-bridge collisions are rare, because a true collision requires that both objects be in motion at the time of impact. The Allanburg Bridge (also referred to as Bridge 11) is a lift bridge over the Welland Canal at Allanburg, Ontario. The Windoc was downbound and passing under the lift span when the span unexpectedly lowered. The vessel’s wheelhouse and funnel were destroyed. The vessel drifted downstream, caught fire, and grounded approximately 800 meters from the bridge. The vessel was eventually declared a constructive total loss. The bridge sustained structural damage and the Welland Canal was closed to vessel traffic for two days. Amazingly, there were no injuries, the master, third mate, and helmsman escaping down a ladder just before impact. The St. Lawrence Seaway Management Corporation (operator of the bridge) initially denied responsibility, but later paid damages after the Transportation Safety Board (TSB) of Canada issued a report (M01C0054) finding that the performance of the individual operating the bridge at the time was “likely impaired” when he lowered the span prematurely. A short, but interesting, video of the collision and its immediate aftermath is also available. Note: I was reminded of this incident by my friend Donald Pinkerton of Fednav International Ltd.

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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