Bryant's Maritime Blog

Wednesday, August 31, 2011

Bryant’s Maritime Blog - 31 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 http://brymar-consulting.com/?page_id=6 . I apologize for any inconvenience, but my official website has the same information and more.

Headlines:

Hampton Roads – cautious return to normal operations;

Court - binding arbitration upheld;

France & US – increased protection for humpback whales;

India – enhancements to coastal security; and

New Zealand – yacht skipper convicted after ignoring rules.

August 31, 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.

Hampton Roads – cautious return to normal operations

The US Coast Guard issued a news release stating that, while normal operations have resumed in the Port of Hampton Roads, mariners should exercise caution due to the possibility of shoaling, debris, and off-station aids to navigation. (8/30/11).

Court – binding arbitration upheld

Over a vigorous dissent, the US Court of Appeals for the Eleventh Circuit ruled that a foreign crewmember on a foreign passenger vessel based out of the United States must comply with an arbitration clause in his employment contract. In the instant case, the clause required that disputes between the employee and the employer be resolved via binding arbitration under the law of the flag state (Bahamas) in the employee’s country of citizenship (in this instance, Nicaragua). Plaintiff crewmember brought suit, alleging that the arbitration clause was not applicable to his dispute and that the clause was void as against public policy. The court held that federal law favors arbitration, but left open the possibility that plaintiff might renew his cause of action at the enforcement stage if it was shown after-the-fact to be contrary to public policy. Lindo v. NCL (Bahamas) Ltd, No. 10-10367 (11th Cir., August 29, 2011).

France & US – increased protection for humpback whales

The National oceanic and Atmospheric Administration (NOAA) issued a news release stating that the United States and France entered into a “sister sanctuary” agreement to support the protection of endangered humpback whales that migrate annually between the Stellwagen Bank National Marine Sanctuary off Massachusetts and the Agoa Marine Mammal Sanctuary in the French Antilles. (8/30/11).

India – enhancements to coastal security

The Indian Ministry of Defence issued a press release stating that efforts have been undertaken to fill gaps in coastal security revealed by certain incidents such as the grounding of the MT Pavit off the Indian coastline. (8/30/11).

New Zealand – yacht skipper convicted after ignoring rules

Maritime New Zealand issued a media release stating that the skipper of a yacht was convicted of deliberately ignoring the rules of the road and fined more than $5,000. The skipper cut dangerous close across the path of a ferry and ignored whistle blasts, forcing the ferry be put into reverse. When questioned afterwards, he admitted deliberately ignoring the collision prevention rules, assuming that the ferry would alter its course. (8/30/11).

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

Redistribution permitted with attribution

Tuesday, August 30, 2011

Bryant’s Maritime Blog - 30 August 2011

Headlines:

MMMAC – meeting;

Missouri River – safety zone;

USCG – town hall meetings;

New York/New Jersey – hurricane restrictions cancelled;

Philadelphia – normal operations resumed;

USCG – East Coast ports reopened;

BOEMRE – Arctic oil spill trajectory analysis;

EMSA – workshop on ship recycling;

India – deployment of armed security guards;

India – status of pollution conventions;

India – entry restrictions on vessels over 25 years of age;

India – emergency towing vessels; and

India – vessel traffic management systems.

August 30, 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

MMMAC – meeting

The Merchant Mariner Medical Advisory Committee (MMMAC), sponsored by the US Coast Guard, will hold its inaugural meeting in Easton, Maryland on September 19-21. Topics on the agenda include maritime casualties with a nexus to mariner medical issues; mariner medical conditions leading to denial of a mariner’s application; and aging mariners. 76 Fed. Reg. 53924 (August 30, 2011).

Missouri River – safety zone

The US Coast Guard has extended, through October 31, the safety zone on the Missouri River from the Montana and North Dakota border to the confluence with the Mississippi River. 76 Fed. Reg. 53820 (August 30, 2011).

USCG – town hall meetings

The US Coast Guard issued a news release stating that it will host town hall meetings in Gulf Shores (September 1); Biloxi (September 7); Pensacola (September 8); and Panama City (September 12) to discuss updates made to the Coast Guard Sector Mobile Area Contingency Plan and to reflect on lessons learned from the Deepwater Horizon oil spill. (8/29/11).

New York/New Jersey – hurricane restrictions cancelled

The US Coast Guard issued a news release stating that restrictions imposed on navigation in the Port of New York and New Jersey due to Hurricane Irene have been cancelled now that the storm has passed. (8/28/11).

Philadelphia – normal operations resumed

The US Coast Guard issued a news release stating that normal operations have resumed in the Port of Philadelphia now that Hurricane Irene has passed. (8/28/11).

USCG – East Coast ports reopened

The US Coast Guard issued a news release stating that all East Coast ports have been reopened to navigation as waterway assessments and verification of aids to navigation continue. Several restrictions remain in place, including in the Ports of New York and Hampton Roads as the Coast Guard, US Army Corps of Engineers (USACE), and the National Oceanic and Atmospheric Administration (NOAA) continue to examine post-storm conditions. (8/29/11).

BOEMRE – Arctic oil spill trajectory analysis

The Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) issued a press release stating that it is releasing a new report evaluating how climate change may affect the environmental conditions measured and used in mathematical modeling for oil-spill trajectory analysis in the Arctic region. (8/29/11).

EMSA – workshop on ship recycling

The European Maritime Safety Agency (EMSA) issued the report of its Workshop on Ship Recycling, held in Lisbon on 27-28 June 2011. The workshop considered, among other things, interim measures prior to entry into force of the Hong Kong Convention and possible alternatives to the prohibition of exporting end-of-life ships to non-OECD countries. (8/25/11).

India – deployment of armed security guards

The Indian Ministry of Shipping, while not endorsing use of armed personnel on its merchant ships, has issued voluntary Guidelines on Deployment of Armed Security Guards on Merchant Ships. Owners are advised to conduct their own risk assessment, particularly for hips which bear slow speed and have low freeboard. In addition to compliance Indian law and regulations, owners must ensure that carriage of weapons and armed security guards on their ships is in accordance with all applicable requirements of coastal and port states through whose waters the ship might transit. (8/29/11).

India – status of pollution conventions

The Indian Ministry of Shipping issued a press release reminding stakeholders that India has recently acceded to: the Nairobi International Convention on Removal of Wrecks; the Protocol of 1996 to the Convention on Limitation of Liability for Maritime Claims; and Annex VI to MASRPOL 73/78. India is in the process of acceding to other conventions, such as: the Bunker Convention; the OPRC and the OPRC-HNS. (8/29/11).

India – entry restrictions on vessels over 25 years of age

The Indian Ministry of Shipping issued a press release stating that the Government has decided to issue a notification that, if ships are more than 25 years old, they will be allowed to enter Indian ports only if they satisfy the following conditions: (1) classed with a society that is a full member of IACS; (2) have adequate insurance coverage to liabilities, including collision, wreck removal, and salvage; (3) appoint an Indian Ship Agent to represent the owner/charterer; and (4) the Indian agent should notify the port authority and the customs collector at least 48 hours prior to arrival about the ship’s details. (8/29/11).

India – emergency towing vessels

The Indian Ministry of Shipping issued a press release stating that it has deployed a chartered emergency towing vessel (ETV) on the West Coast of India during the 2011 monsoon season. The Government is considering to engage three ETVs from next year, two on the West Coast and one on the East Coast, during the monsoon season. (8/29/11).

India – vessel traffic management systems

The Indian Ministry of Shipping issued a press release stating that Vessel Traffic Management Systems (VTMSs) are installed at Mumbai, JNPT, Kolkata, Cochin, New Mangalore, and Mormugao Ports. There is one VTMS installed for monitoring the traffic in the Kutch region. Installation of VTMS is in progress at Chennai Port. The Ports at Visakhaptnam, Tuticorin, Paradip, and Ennore are in the process of installing VTMS shortly. (8/29/11).

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

Redistribution permitted with attribution

Monday, August 29, 2011

Bryant’s Maritime Blog - 29 August 2011

Headlines:

Court – DWH claims for economic loss and property damage;

Charleston – port reopened;

MARAD – Panama Canal Expansion and America’s Marine Highway;

DOT – MTSNAC members announced;

Columbia River – barge removal complete;

Court – securities fraud class action suit dismissed;

Denmark – responsible exploitation of Arctic resources; and

Singapore Strait – tanker boarded and robbed.

August 29, 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

Court – DWH claims for economic loss and property damage

In the multi-district litigation (MDL) involving hundreds of consolidated cases and thousands of plaintiffs regarding the explosion, fire, and sinking of the mobile offshore drilling unit (MODU) Deepwater Horizon and the resulting oil spill, the US District Court for the Eastern District of Louisiana issued an Order regarding claims for private (non-governmental) economic loss and property damage. The court held that: (1) admiralty jurisdiction applies; (2) the Deepwater Horizon was a vessel for purposes of these claims; (3) the blowout preventer (BOP) was an appurtenance of the Deepwater Horizon; (4) state law is inapplicable to these claims because the spill emanated from the Outer Continental Shelf (OCS) and impacted claimants in multiple states; (5) recovery of economic damages under general maritime law requires evidence of physical impact, but not for claims under the Oil Pollution Act of 1990 (OPA 90); (6) defendants other than the OPA 90 responsible parties may be subject to suit under general maritime law; (7) punitive damages are recoverable; and (8) issues regarding presentment of OPA 90 claims are being deferred to a later date. (8/26/11). Note: While little in this order is surprising other than the potential direct liability of the non-OPA 90 defendants, it represents a significant step in this massive litigation. Because of the billions of dollars at stake here, an appeal is almost certain.

Charleston – port reopened

The US Coast Guard issued a news release stating that the Captain of the Port (COTP) has reopened the Port of Charleston following completion of its Hurricane Irene damage assessment. (8/27/11).

MARAD – Panama Canal Expansion and America’s Marine Highway

The Maritime Administration (MARAD) is sponsoring Listening Sessions in San Francisco (September 22) and New York (September 27) for the Panama Canal Expansion Study and the America’s Marine Highway Corridor Workshop. The sessions will discuss the potential impacts of the Panama Canal Expansion on US ports and infrastructure and explore opportunities to better incorporate Marine Highways into the National Transportation System. (8/26/11). Note: This item was brought to my attention by my good friend Mark Yonge of Maritime Transport & Logistics Advisors.

DOT – MTSNAC members announced

The Department of Transportation issued a news release stating that Secretary Ray LaHood appointed 29 members to the Marine Transportation System National Advisory Council (MTSNAC). (8/26/11).

Columbia River – barge removal complete

The Washington State Department of Ecology issued a media release stating that demolition and removal of the barge Davy Crockett from the Columbia River near Camas, Washington is complete. Removal included more than 33,000 gallons of bunker oil and 4,850 pounds of asbestos. The US Coast Guard served as the Incident Commander and the $20 million project was funded by the federal Oil Spill Liability Trust Fund (OSLTF). (8/25/11).

Court – securities fraud class action suit dismissed

In an unpublished decision, the US Court of Appeals for the Third Circuit affirmed the dismissal of a securities fraud class action against a corporate shipowner and five individuals. The Court held that there was insufficient evidence to show that any individual who made actionable statements with regard to the financial condition of the corporation did so with the requisite knowledge that the statements were false. One of the three judges on the panel filed a strong dissent. City of Roseville Employees’ Retirement System v. Horizon Lines, No. 10-2788 (3rd Cir.

Denmark – responsible exploitation of Arctic resources

The Government of Denmark issued a news release stating that Denmark, Greenland, and the Faroe Islands will responsibly respond to changes in the Arctic climate and the possibility of increased natural resource exploration and exploitation. (8/25/11).

Singapore Strait – tanker boarded and robbed

The ReCAAP Information Sharing Centre issued an Incident Alert stating that robbers boarded a petroleum product tanker underway at night in the Singapore Strait approximately seven nm northeast of Horsburgh Lighthouse. They departed the tanker after stealing some shipboard equipment and crew’s personal belongings. The crew was not injured. (8/26/11).

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

Redistribution permitted with attribution

Friday, August 26, 2011

Bryant’s Maritime Blog - 26 August 2011

Headlines:

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

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

USCG – Hurricane Irene

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

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

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

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

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

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

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

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 91^st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

Redistribution permitted with attribution

Thursday, August 25, 2011

Bryant’s Maritime Blog–25 August 2011

Headlines:

USCG – Hurricane Irene;

Willamette River – safety zone;

NOAA – Arctic data collaboration with three energy companies; and

House – hearing on securing the Port of Houston.

August 25, 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

USCG – Hurricane Irene

The US Coast Guard issued a news release stating that Port Condition XRAY has been set for the Port of Port Canaveral and a second news release stating that Port Condition XRAY has been set for the coastal waters of South Carolina as the hurricane approaches. It issued a third news release stating that Port Condition WHISKEY has been set for the Ports of Wilmington and Morehead City in North Carolina and a fourth news release stating that Port Condition WHISKEY has been set for the Port of Hampton Roads. (8/24/11). Note: Copies of the Hurricane and Heavy Weather Plans for the various USCG Sectors are available on my website at: Hurricane Contingency Plans.

Willamette River – safety zone

The US Coast Guard established a safety zone on waters of the Willamette River in Portland, Oregon for construction of the TriMet Bridge. The safety zone will remain in effect through September 30, 2014. 76 Fed. Reg. 53054 (August 25, 2011).

NOAA – Arctic data collaboration with three energy companies

The National Oceanic and Atmospheric Administration (NOAA) issued a news release stating that it signed an agreement with Shell Exploration & Production, ConocoPhillips, and Statoil USA E&P Inc. to enhance collaboration on ocean, coastal, and climate science for the Arctic. The agreement calls for sharing a number of scientific data sets, including weather and ocean observations, biological information, and sea ice and sea floor mapping studies. (8/23/11).

House – hearing on securing the Port of Houston

The Subcommittee on Oversight, Investigations, and Management of the House Committee on Homeland Security conducted a field hearing entitled Preventing an Economic Shock Wave: Securing the Port of Houston from a Terrorist Attack”. Mr. Stephen Caldwell, Government Accountability Office (GAO), testified that the Coast Guard and the Federal Bureau of Investigation (FBI) have made progress implementing prior GAO recommendations to enhance energy tanker security, but that improvements are needed with regard to assessing the security risks to offshore energy infrastructure. Captain James Whitehead, USCG, Sector Houston-Galveston, testified regarding integrated maritime security operations in the Houston-Galveston area. Testimony of other witnesses is not yet available. (8/24/11).

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

Redistribution permitted with attribution

Bryant's Maritime Blog

Wednesday, August 31, 2011

Bryant’s Maritime Blog - 31 August 2011

Tuesday, August 30, 2011

Bryant’s Maritime Blog - 30 August 2011

Monday, August 29, 2011

Bryant’s Maritime Blog - 29 August 2011

Friday, August 26, 2011

Bryant’s Maritime Blog - 26 August 2011

Thursday, August 25, 2011

Bryant’s Maritime Blog–25 August 2011

Subscribe Now: standard

Followers

Blog Archive

About Me

Bryant's Maritime Blog

Wednesday, August 31, 2011

Bryant’s Maritime Blog - 31 August 2011

Tuesday, August 30, 2011

Bryant’s Maritime Blog - 30 August 2011

Monday, August 29, 2011

Bryant’s Maritime Blog - 29 August 2011

Friday, August 26, 2011

Bryant’s Maritime Blog - 26 August 2011

Thursday, August 25, 2011

Bryant’s Maritime Blog–25 August 2011

Subscribe Now: standard

Subscribe Tohttp://www.uscg.mil/comdt/blog/

Followers

Blog Archive

About Me