Bryant’s Maritime Blog–1 August 2011

Headlines:

USCG – implementation of STCW 2010;

NOAA – emergency restoration of seagrass impacts from DWH spill;

Elliott Bay – proposed RNA;

GLMRIS – high risk ANS;

USCG – Model Course CVSSA 11-01;

Hampton Roads – multi-agency cargo inspection operation;

EPA – Gulf Guardian Award;

MARAD – PMARS temporarily off line;

Senate – bill introduced to authorize DOT maritime programs;

Senate – bill introduced to provide transportation infrastructure funding;

Court – LHWCA and borrowed employees;

IMO – MARPOL amendments enter into force; and

Congress – 1983 revision of Title 46, U.S. Code.

August 1, 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 – implementation of STCW 2010

The US Coast Guard issued a supplemental notice of proposed rulemaking (SNPRM) regarding implementation of the 2010 amendments to the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW Convention) and the STCW Code. The SNPRM also proposes to make other non-STCW changes necessary to reorganize, clarify, and update these regulations. Public meetings are planned for Miami, New Orleans, Seattle, and Washington, DC. Dates will be announced separately. Written comments should be submitted by September 30. 76 Fed. Reg. 45907 (August 1, 2011). Note: This is a 175-page document. It may take some time to download and will certainly take some time to read.

NOAA – emergency restoration of seagrass impacts from DWH spill

The National Oceanic and Atmospheric Administration (NOAA) is seeking comments on its Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) relating to the emergency restoration of seagrass impacts from the Deepwater Horizon oil spill response. Comments should be submitted by August 16. 76 Fed. Reg. 45780 (August 1, 2011).

Elliott Bay – proposed RNA

The US Coast Guard proposes to establish a permanent regulated navigation area (RNA) on a portion of Elliott Bay in Seattle. The RNA would protect the seabed in portions of the bay that are subject to the Environmental Protection Agency (EPA) Pacific Sound Resources (PSR) and Lockheed Shipyard superfund cleanup remediation efforts. It would prevent activities that might disturb the seabed, such as anchoring, dragging, trawling, and spudding. Comments should be submitted by October 31. 76 Fed. Reg. 45738 (August 1, 2011).

GLMRIS – high risk ANS

The Great Lakes and Mississippi River Interbasin Study (GLMRIS) issued a notice cataloging 10 aquatic nuisance species (ANS) that present a high risk to the Great Lakes Basin and 30 ANS that present a high risk to the Mississippi River Basin. This compilation will aid the study team in focusing efforts toward identifying applicable prevention and control technologies for analysis. (7/27/11). Note: While Asian carp get all the attention, there are many other aquatic species that present threats to the two water basins.

USCG – Model Course CVSSA 11-01

The US Coast Guard has now released the July 2011 edition of the Model Course CVSSA 11-01, Crime Prevention, Detection, Evidence Preservation, and Reporting. (7/29/11). Note: It appears that the changes from the previous edition (dated 15 June 2011) are minor. In fact, the only change observed is the new date on the title page.

Hampton Roads – multi-agency cargo inspection operation

The US Coast Guard issued a news release stating that federal, state, and local agencies conducted a strike force operation on July 27 and 28 at Hampton Roads port facilities to promote awareness of and compliance with federal and state intermodal container, truck, air, rail, and hazardous material safety regulations. (7/29/11).

EPA – Gulf Guardian Award

The environmental Protection Agency (EPA) issued a news release stating that the Gulf of Mexico Program has awarded this year’s Gulf Guardian Award in the Binational Category to: the Port of Houston Authority, Maersk, Hamburg Sud, the EPA, and the Government of Mexico. The award recognizes their cooperative project to conduct the first fuel-switches in the Gulf of Mexico and to study the environmental benefits of switching to lower sulfur diesel on ocean-going vessels. (7/29/11).

MARAD – PMARS temporarily off line

The Maritime Administration (MARAD) reports that its Property Management and Asset Reporting System (PMARS) has been taken off line for security upgrades to the program software. Until such time as it is returned to service, requests for vessel information related to ship recycling announcements should be submitted to the Contracting Officer, Alfredia Rich-Murphy. She will distribute them for action and response. (7/29/11). Note: This item was brought to my attention by my friend Polly Parks of Southern Recycling-EMR USA.

Senate – bill introduced to authorize DOT maritime programs

Senator Lautenberg (D-NJ) introduced a bill (S. 1430) to authorize certain maritime programs of the Department of Transportation, and for other purposes. Official text of the bill is not yet available. (7/27/11).

Senate – bill introduced to provide transportation infrastructure funding

Senator Wyden (D-OR) introduced a bill (S. 1436) to provide $50,000,000,000 in new transportation infrastructure funding through bonding to empower States and local governments to complete significant infrastructure projects across all modes of transportation, including roads, bridges, rail and transit systems, ports, and inland waterways, and for other purposes. (7/28/11).

Court – LHWCA and borrowed employees

The US Court of Appeals for the Eleventh Circuit ruled that a longshoreman may not bring a personal injury action against a longshoring company when he was working as a borrowed employee for that company at the time of the injury. In the instant case, plaintiff was directly employed by labor service supplier. He was assigned to work for defendant longshoring company and was injured on the job. After being awarded benefits from the labor service supplier under the Longshore and Harbor Workers’ Compensation Act (LHWCA), he brought a personal injury action against the longshoring company. The district court granted defendant’s motion for summary judgment and plaintiff appealed. The appellate court affirmed, holding that the longshoring company had the right to control the manner and means by which the plaintiff accomplished his work at the time of the injury. Langfitt v. Federal Marine Terminals, No. 10-12088 (11th Cir., July 29, 2011).

IMO – MARPOL amendments enter into force

The IMO issued a news release reminding stakeholders that two amendments to the MARPOL Convention enter into force on 1 August 2011. A new regulation prohibits the carriage in the Antarctic area in bulk as cargo or as fuel of heavy-grade oils. Amendments to Annex VI formally establish a North American Emission Control Act (ECA) in which emissions of sulphur oxides (SOx), nitrogen oxides (NOx), and particulate matter from ships will be subject to more stringent controls than the limits that apply globally. Enforcement of the North American ECA will commence on 1 August 2012. It should also be noted that the IMO recently adopted amendments to establish the United States Caribbean Sea ECA in certain waters adjacent to Puerto Rico and the US Virgin Islands. That ECA is expected to enter into force on 1 January 2013, with enforcement to commence on 1 January 2014. (7/29/11).

Congress – 1983 revision of Title 46, U.S. Code

Through the courtesy of my good friend Richard Hiscock of Off Soundings (and the cooperation of CRS), a secured version of the Congressional Report on the 1983 bill (S. 46) that revised and codified a major portion of Title 46, U.S. Code, Shipping, is being posted on my website. Due to its size, this report comes in two parts. Part I, consisting of pages 1-100, is available at: H. Rep. 98-338a. Part II, consisting of pages 101-231, is available at: H. Rep. 98-338b. Much of the detailed discussion of individual sections of the legislation starts on page 113 (located in Part II). If you are interested in learning the origin of various provisions of the Shipping Code, search here.

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