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Welcome to the Maritime Spotlight. Here you'll find hundreds of pages of information on current and recent developments, port security, government compliance, legislation and court decisions. You can access links to industry resources and organizations and archived materials on maritime matters, as well.


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Status of US Ports (7/24/08)

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.

Australia – report on near-miss

The Australian Transport Safety Bureau (ATSB) issued the report of its investigation into the near collision between a bulk carrier and a ro-ro in Port Phillip, Victoria on 16 May 2007. The bulk carrier was entering the port at the same time that the ro-ro was departing. Their passing occurred at the narrowest portion of the entrance channel. Both masters had been advised by the local vessel traffic service (VTS) of the presence of the other ship. The master of the bulk carrier, though, had sent the rating on the bridge to do other work and forgot about the approach of the other ship. The master of the ro-ro moved his ship to the side of the channel to avoid collision. The two ships passed within 20 meters of each other at a combined speed of almost 30 knots. Bridge procedures on both ships were found to be inadequate and procedures at the VTS were also in need of improvement.

MAIR 242 (7/23/08).

Bill introduced and passed re incidental discharges from vessels

Senator Murkowski (R-AK) introduced a bill (

S. 3298) to clarify the circumstances during which the Administrator of the Environmental Protection Agency and applicable States may require permits for discharges from certain vessels, and to require the Administrator to conduct a study of discharges incidental to the normal operation of vessels. Demonstrating just how fast Congress can act on vital issues, the bill was introduced in the Senate and passed by both the Senate and House of Representatives in a single day. The measure next goes to President Bush for consideration. If enacted into law, it would, among other things, exempt for two years recreational and certain other vessels from a requirement to obtain permits for incidental discharges. (7/22/08).

Boston – “No Discharge” area

The Environmental Protection Agency (EPA) issued a notice stating that it has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for state waters of Boston, Braintree, Cambridge, Chelsea, Everett, Hingham, Hull, Newton, Quincy, Watertown, Weymouth, and Winthrop.

73 Fed. Reg. 43224 (July 24, 2008).

DOJ – company that managed Cosco Busan indicted

The Department of Justice issued a

news release stating that the company that managed the COSCO BUSAN when it allided with a bridge abutment in San Francisco Bay on November 7, 2007 has been indicted for negligently causing the resulting oil spill, falsifying documents, and killing migratory birds. An indictment is merely an accusation. Defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt. (7/23/08).

EC – no objection to Austrian inland waterway scheme

The European Commission (EC) issued a

press release stating that it has decided to raise no objections to Austrian plans to extend its environmental incentive promoting inland waterway transport. (7/23/08).

EPA regulation re incidental discharges exceeded authority

The US Court of Appeals for the Ninth Circuit upheld the decision of the federal District Court and ruled that a regulation promulgated by the Environmental Protection Agency (EPA) exempting from the National Pollutant Discharge Elimination System (NPDES) certain discharges "incidental to the normal operation of a vessel" exceeded the agency’s authority under the Federal Water Pollution Control Act (FWPCA). The court noted that establishment of a permitting program need not be overly onerous. The appellate court noted that the district court had set a deadline of September 30, 2008 for establishment of such a program. It stated that, if an extension of the deadline is needed, the request should be addressed to the district court.

Northwest Environmental Advocates v. Environmental Protection Agency, No. 03-5760 (9th Cir., July 23, 2008). Note: What started out as a challenge to the ballast water discharge program snowballed into an assault on a wide variety of routine vessel discharges. Congress is addressing some, but not all, of these issues, and unfortunately focusing most of its attention on discharges from recreational vessels. It is time for Congress to adopt an over-arching solution for all vessels, preferably one that provides for a uniform national program.

FERC – Dominion Cove Point Pier Reinforcement Project

The Federal Energy Regulatory Commission (FERC) issued a notice stating that it, the US Coast Guard, and the US Army Corps of Engineers (USACE) are evaluating the Pier Reinforcement Project proposed by Dominion Cove Point LNG, LP. The proposed project would allow larger liquefied natural gas (LNG) carriers to utilize the pier. The agencies intend to prepare an environmental assessment regarding this proposal. Comments on environmental issues related to this proposal should be submitted by August 15.

73 Fed. Reg. 43218 (July 24, 2008).

Maryland – research effort to stop invasive species

Representative Elijah Cummings (D-MD) issued a

press release announcing the kick-off of a research and testing project at the Maritime Environmental Resource Center (MERC) to help stop the spread of aquatic invasive species. (7/23/08).

New Orleans – river closure

The USCG Captain of the Port (COTP) New Orleans issued a

Marine Safety Bulletin announcing establishment of a safety zone on the Lower Mississippi River from mile marker 99 to mile marker 70, extending the full width of the river, due to a collision on the river and the release of over 400,000 gallons of heavy fuel oil. A second Marine Safety Bulletin announced that the entire river from mile marker 98 to the sea buoy has been closed to navigation. The Coast Guard also issued a press release discussing the response effort. A second press release states that the towboat had no properly licensed individuals on board at the time of the collision. Representative Elijah Cummings (D-MD), Chair of the House Subcommittee on Coast Guard and Maritime Transportation, issued a press release expressing concern. Note: This has, to this point, been a rapidly evolving situation. Events henceforth will be slower as the clean-up process moves forward and the river slowly reopens to navigation. The pressure on the Coast Guard will be intense due to the economic impact of the closure. Please be assured that everyone will be working on completion of this mission will all due dispatch. Now is not the time to divert resources to respond to inquiries from the media and others that can await a more in-depth analysis. (7/23/08).