Bryant’s Maritime Blog – 22 July 2009

Headlines: USCG safety alert re high pressure CO2 fire extinguishing system; NTSB – two Board Members announce resignations; Choice of law determines outcome; Amendments to IAMSAR Manual; Foam concentrate guidelines; IMO – application of Chapters 4 to 7 and 9 of FSS Code; IMO – emergency fire pump capacity; New Zealand – consultation on qualifications and operational limits; and Singapore – National Day 2009.

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USCG – safety alert re high pressure CO2 fire extinguishing system

The US Coast Guard issued a safety alert advising of a potential problem involving certain ANSUL – High Pressure Carbon Dioxide Fire Extinguishing Systems. There have been several instances where this system has discharged without human intervention. The manufacturer has identified the suspect CO2 cylinder valves as those having a date code between 10-07 and 06-08. Owners, operators, and masters of ships having such ANSUL systems should immediately check the dates on the CO2 cylinder valves and notify ANSUL if the date code is within the suspect range. Safety Alert 05-09 (7/21/09).

NTSB – two Board Members announce resignations

The National Transportation Safety Board (NTSB) issued a news release stating that Board Member Kathryn O’Leary Higgins has submitted her resignation to President Obama, effective August 3. This was followed by a second news release stating that Board Member and Acting Chairman Mark V. Rosenker has submitted his resignation to President Obama. Mr. Rosenker will delay his departure until a new Chairman and an additional Board Member are confirmed to ensure that a quorum remains at the Board. (7/21/09).

Choice of law determines outcome

In a complex 57-page opinion, the US Court of Appeals for the Eleventh Circuit affirmed in part, reversed in part, and remanded a case involving a variety of choice of law options. In the instant case, plaintiff yacht master was injured in 2005 while on a voyage in the Red Sea when a foodlift on the yacht struck his leg. He sued the yacht owner and others, recovering damages. The defendants in the initial action sought recovery from the yacht builder, yacht designer, and others, including the US affiliate of the Dutch shipbuilder. The yacht had been built in the Netherlands, under a contract executed in the Netherlands in 1994 and providing for application of Dutch law. Dutch law provides for a ten-year statute of limitations for contractual actions, but has no similar limitation for actions based on negligence or general tort theory. The court affirmed dismissal of the contractual actions against the Dutch parties, because more than ten years elapsed between the contract execution and incident. The court allowed the negligence action to proceed against the Dutch parties, but only under Dutch law. The court allowed the action against the US affiliate to proceed under federal maritime law. Cooper v. Meridian Yachts, Ltd., No. 08-13830 (11th Cir., July 21, 2009).

IMO – amendments to IAMSAR Manual

The IMO issued a circular forwarding amendments to the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual. The amendments come into effect on 1 June 2010. MSC.1/Circ.1311 (6/8/09).

IMO – foam concentrate guidelines

The IMO issued a circular forwarding revised guidelines for the performance and testing criteria, and surveys of foam concentrates for fixed fire-extinguishing systems. Type approvals conducted in accordance with the prior guidelines should remain valid until 1 July 2012. MSC.1/Circ.1312 (6/10/09).

IMO – application of Chapters 4 to 7 and 9 of FSS Code

The IMO issued a circular providing guidance for application of Chapters 4 to 7 and 9 of the Fire Safety Systems (FSS) Code, as amended by Resolutions MSC.206(81) and MSC.217(82). MSC.1/Circ.1313 (6/10/09).

IMO – emergency fire pump capacity

The IMO issued a circular regarding application of SOLAS Regulation II-2/10 and Chapter 12 of the Fire Safety Systems (FSS) Code related to emergency fire pump capacity. MSC.1/Circ.1314 (6/10/09).

,font size=4>New Zealand – consultation on qualifications and operational limits

Maritime New Zealand issued a notice stating that it has commenced a consultation on maritime qualifications and operational limits. Stakeholders are invited to complete and submit a Maritime Community Engagement Programme Questionnaire by 31 October. (7/21/09).

Singapore – National Day 2009

The Singapore Maritime and Port Authority (MPA) issued a notice reminding masters that Singapore will celebrate its 44th National Day on Sunday, 9 August 2009. Masters are encouraged to participate by dressing and lighting up their ships. Port Marine Notice No. 91 of 2009 (7/21/09).

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 – July 2009

Redistribution permitted with attribution