Maritime >> Spotlight RSS Document

Status of US Ports (8/28/08)

Thu, 28 Aug 2008 15:36:32 GMT

No significant changes in the security status of US ports have been brought to our attention in the preceding 24 hours. For a summary of maritime security requirements in the United States, access the Port Security page of our Web site - Maritime Spotlight - Port Security.

Canada – extension of jurisdiction over Arctic waters

Thu, 28 Aug 2008 15:36:32 GMT

The Office of Canadian Prime Minister Stephen Harper issued a

media release stating that the Government of Canada will extend its jurisdiction over Arctic waters. Legislation will be introduced to amend the Arctic Waters Pollution Prevention Act so as to regulate ships operating within 200 nautical miles of the nearest Canadian land. Regulations will be established to require mandatory reporting from all ships destined for Canadian Arctic waters. (8/27/08).

EMSA – newsletter

Thu, 28 Aug 2008 15:36:32 GMT

The European Maritime Safety Agency (EMSA) issued its

newsletter for July/August. Among other things, it reports that it has prepared an inventory of EU Member States Policies and Operational Response Capabilities for HNS Marine Pollution. (8/27/08).

FMC – ISO Area Representative

Thu, 28 Aug 2008 15:36:32 GMT

The Federal Maritime Commission (FMC) issued a

Vacancy Announcement stating that it is seeking qualified applicants for the position of Area Representative in New Orleans. Applications must be received by September 9. (7/24/08).

FMC – Section 15 Order re US-Australia/New Zealand trade

Thu, 28 Aug 2008 15:36:32 GMT

The Federal Maritime Commission (FMC) issued a

Section 15 Order directing members of the US Pacific Coast-Oceania Agreement and others to submit information and documents so that the FMC may determine whether the various arrangements improperly reduce competition and adversely affect prices and services in such trade. (8/26/08).

Singapore – reminders re AFS Convention

Thu, 28 Aug 2008 15:36:32 GMT

The Singapore Maritime and Port Authority (MPA) issued a circular reminding owners, operators, and masters that the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001 comes into force on 17 September.

Shipping Circular No. 22 of 2008. The MPA also issued a circular advising the maritime community of recommended practices for removal of harmful anti-fouling coatings from hulls. Shipping Circular No. 23 of 2208 (8/26/08).

TSA – security technology tested in North Carolina

Thu, 28 Aug 2008 15:36:32 GMT

The Transportation Security Administration (TSA) issued a

press release stating that it is conducting pilot tests of backscatter imaging technology to screen vehicles for explosives before they are driven onto the Cherry Branch-Minnesott Beach Ferry near Havelock, North Carolina. (8/26/08).

USCG – first SAREX in the Arctic Ocean

Thu, 28 Aug 2008 15:36:32 GMT

The US Coast Guard issued a

press release stating that on Friday, August 29, it will conduct its first search and rescue exercise in the Arctic Ocean near Barrow, Alaska. (8/27/08).

USCG – TWIC compliance date – various ports

Thu, 28 Aug 2008 15:36:32 GMT

The US Coast Guard issued a notice stating that waterfront facilities within the Captain of the Port (COTP) Zones Baltimore, Delaware Bay, Mobile, Lower Mississippi River, Ohio Valley, Pittsburgh, and San Diego must enforce, commencing not later than December 30, 2008, the requirement for persons seeking unescorted access to the facilities to have a valid Transportation Worker Identification Credential (TWIC).

73 Fed. Reg. 50721 (August 28, 2008).

CBP – test of ACE ESAR capabilities

Thu, 28 Aug 2008 15:36:32 GMT

The US Customs and Border Protection (CBP) issued a notice stating that it plans to conduct a National Customs Automation Program (NCAP) test concerning Automated Commercial Environment (ACE) Entry Summary, Accounts and Revenue (ESAR) capabilities. Comments on this plan and interest in participation in the planned test should be submitted by October 27.

73 Fed. Reg. 50337 (August 26, 2008).

DOT – drug testing – change in effective date

Thu, 28 Aug 2008 15:36:32 GMT

The Department of Transportation issued a notice stating that it is changing the effective date of a recent amendment to the transportation workplace drug testing regulations from August 25 to November 1. Comments on the regulation, which requires employers to ensure that all follow-up and return-to-duty drug tests are directly observed, should be submitted by September 25.

73 Fed. Reg. 50222 (August 26, 2008).

Guam – TWIC enrollment

Thu, 28 Aug 2008 15:36:32 GMT

The Transportation Security Administration (TSA) issued a notice stating that enrollment of maritime workers for the Transportation Worker Identification Credential (TWIC) will commence in Guam on September 4.

73 Fed. Reg. 50632 (August 27, 2008).

NOAA – Ship strike reduction measures FEIS

Thu, 28 Aug 2008 15:36:32 GMT

The National Oceanic and Atmospheric Administration (NOAA) issued a

news release stating that it seeks comments on the 850-page Final Environmental Impact Statement (FEIS) for the proposed Ship Strike Reduction Rule. The proposal calls for reducing the risk of ships colliding with the endangered North Atlantic right whale by, among other things, reducing vessel speeds in areas frequented by these whales. Comments on the FEIS should be submitted by September 29. (8/25/08).

Singapore – license of bunker supplier suspended for 2 weeks

Thu, 28 Aug 2008 15:36:32 GMT

The Singapore Maritime and Port Authority (MPA) issued a

news release stating that the bunker supplier license of a local company has been suspended for two weeks for tampering with the bunker sampling container during a bunkering operation. (8/22/08).

USCG – C4IT Strategic Plan

Thu, 28 Aug 2008 15:36:32 GMT

The US Coast Guard issued a

press release stating that it has published its Strategic Plan for Command, Control, Communication, Computers & Information Technology (C4IT). Among other things, the Plan addresses some aspects of deployment of the National Automatic Identification System (NAIS). (8/25/08).

USN – maritime security patrol area established in Gulf of Aden

Thu, 28 Aug 2008 15:36:32 GMT

The US Naval Forces Central Command issued a

news release stating that it directed establishment of a Maritime Security Patrol Area (MSPA) in the Gulf of Aden. Coalition warships will patrol the area and aircraft will fly in the airspace above. The MSPA is being established in support of the IMO’s ongoing efforts to suppress piracy. (8/22/08).

Breach of warranty by insured excuses payment by insurer

Thu, 28 Aug 2008 15:36:32 GMT

The US Court of Appeals for the First Circuit ruled that breach of a warranty contained in a maritime insurance contract will excuse the insurers from payment regardless of any causal connection to the loss. In the instant case, defendant insured obtained a marine insurance policy from plaintiff insurers. The policy provided, in part, that defendant insured warranted the vessel’s fire extinguishing equipment was properly installed and maintained in good working order. After the vessel sank and a claim was presented by the insured, plaintiff insurers discovered that the vessel’s fire extinguishing system had not been inspected or certified within the year preceding the loss and that the automatic engine room fire extinguisher system had been disconnected. There was, though, no evidence that the breach of this particular warranty was directly related to the loss of the vessel. The court held that the breach of the express warranty by the insured, without more, was sufficient to excuse the insurers from payment under the policy.

Lloyd’s of London v. Pagan-Sanchez, No. 07-1709 (1st Cir., August 21, 2008).

California – CARB celebrates LA/LB clean trucks program

Thu, 28 Aug 2008 15:36:32 GMT

The California Air Resources Board (CARB) issued a

news release stating that it joined forces with the Ports of Los Angeles and Long Beach to celebrate the opening of a Clean Trucks Center and invite truckers to apply for funds to replace their dirty diesel vehicles with new clean models. (8/22/08).

California – contingency plan workshop

Thu, 28 Aug 2008 15:36:32 GMT

The California Office of Spill Prevention and Response (OSPR) issued a

notice stating that it will hold workshops in Sausalito (September 25) and Long Beach (September 30) to discuss draft amendments to the oil spill contingency plan regulations. (8/22/08).

Jacksonville – gaming vessel grounds during heavy weather

Thu, 28 Aug 2008 15:36:32 GMT

The US Coast Guard issued a

press release stating that a local casino ship in Jacksonville broke free from its moorings during Tropical Storm Fay and grounded nearby. A tug freed the vessel and returned it to its moorings. There were no reports of damage or pollution. The incident is under investigation. (8/22/08).

Jacksonville, Brunswick & Savannah – back to work

Thu, 28 Aug 2008 15:36:32 GMT

The US Coast Guard issued press releases stating that the Port of

Jacksonville has re-opened and that hurricane readiness conditions have been lifted for the Ports of Brunswick and Savannah based on the continued movement of Tropical Storm Fay away from the area. (8/22/08).

MARAD – advisory re Gulf of Aden

Thu, 28 Aug 2008 15:36:32 GMT

The Maritime Administration (MARAD) issued an

Advisory alerting mariners to be vigilant when navigating through the Gulf of Aden. To the extent possible, keep at least 35 nautical miles off the Yemen coast, at least 50 nautical miles from Socotra Island, and as far as possible off the coast of Somalia. Masters should maintain 24-hour piracy watches and be wary of approaching small craft. Four vessels have been hijacked in recent days and two more were attacked. Coalition warships intervened and helped prevent two of the attacks. (8/22/08).

MMS – sperm whales in the Gulf of Mexico

Thu, 28 Aug 2008 15:36:32 GMT

The Minerals Management Service (MMS) issued a

press release stating that a six-year long Sperm Whale Seismic Study revealed that a distinct stock of non-migrating sperm whales live in the northern Gulf of Mexico. The study did not find any horizontal avoidance of seismic sounds, leading MMS to conclude that the whales did not alter their visible behavior on the surface when exposed to seismic sounds in the heavily industrialized Gulf with its numerous oil and gas exploration and production activities. It should be noted that the sperm whale is an endangered species. The press release includes a link to the full study, which is a lengthy tome. (8/21/08).

New Orleans – oil spill update

Thu, 28 Aug 2008 15:36:32 GMT

The US Coast Guard issued a

Marine Safety Bulletin stating that the safety zone on the Lower Mississippi River established to assist in the response to the July 23 oil spill has been reduced to extend from mile marker 67 to mile marker 97, encompassing the entire width of the river. Vessels transiting the safety zone are to move at their slowest safe speed to produce minimum wake. The Vessel Traffic Service (VTS) will continue to control vessel movements within the zone. (8/22/08).

NOAA – storm tide stations installed in Gulf of Mexico

Thu, 28 Aug 2008 15:36:32 GMT

The National Oceanic and Atmospheric Administration (NOAA) issued a

news release stating that it is installing hurricane-hardened water level observing stations in the Gulf of Mexico off the coasts of Mississippi and Louisiana. The "NOAA Sentinels" will provide real-time water level and meteorological data to improve weather reports and forecasts. (8/22/08).

Passengers entitled to equitable tolling of limitation period

Thu, 28 Aug 2008 15:36:32 GMT

The US Court of Appeals for the Ninth Circuit ruled that passengers with a claim against a cruise ship operator are entitled, on the facts presented, to equitable tolling of the statute of limitations based on the timely filing of a state court action and the prompt filing of a federal court action after the state action was dismissed under the forum selection clause in the cruise contract. In the instant case, plaintiffs purchased passage on defendant’s cruise ship. Plaintiffs alleged that they contracted a serious gastrointestinal illness while on board. Suit was filed in state court within the one-year time provided for in the cruise contract. The state court later dismissed the action because the forum selection clause in the cruise contract provided that suit must be brought in federal court. Plaintiffs filed an identical action against defendant in federal court the same day that the state action was dismissed. Unfortunately, the one-year limitation period had expired by this time. The federal district court dismissed the new action as time-barred. Plaintiffs appealed. The appellate court reversed, holding that plaintiffs did not sleep on their rights, but merely filed their action in an improper venue. There was no evidence that defendant was prejudiced by the delay.

Oltman v. Holland America Line, No. 07-35135 (9th Cir., August 19, 2008).