President’s Message


Well, I hope you all have your Registration in, Reservations made, and packed to attend the Conference in beautiful Vancouver BC!! A terrific program has been put together with excellent speakers in all disciplines, right up to 4PM Tuesday!! I look forward to seeing all of you there.

For any of you who just can’t make it and still need your 2011 CECs (Continuing Education Credits) there will be a great opportunity to achieve them during the New Orleans WorkBoat Show, Nov.30 thru Dec 3rd, 2011. It is being sponsored by SAMS and will include a full USPAP course on Wednesday and Thursday, for 15 CECs. Several excellent subjects will be covered on Thursday, and Friday our own Norm Laskay will present his Marine Appraisal Course. Those who already have the USPAP Course completed can spend Wednesday and Thursday at the WorkBoat Show and still get your 12 CECs on Friday and Saturday.

Please see the full particulars elsewhere in this publication.

A word of Caution!! Those of you who have been successful in the commercial vessel industry, possibly starting in the Y&SC arena many years ago, like I did, may occasionally be called upon to conduct a small yacht survey. I mean, why not, you used to do them?? Please be very careful because the Y&SC arena has changed dramatically in the past few years and your 3-4 page standard report, as done back in the 70’s or earlier, will probably get kicked back by underwriters and your reputation tarnished!!! ABYC, and to a somewhat lesser, but growing, degree, USPAP, have become the norm in the Yacht market. If you are not current in the ABYC Standards, and don’t quote them in the appropriate Recommendations, and don’t describe in detail how you arrived at your Current and Replacement Values, you may be doomed to embarrassment and worse.

This has come up twice in the past six months and we were able to smooth things over, to a certain respect, by the surveyor returning the fee to the client and recommending a NAMS Y&SC expert to complete the assignment. Thus evading a possible Ethics Complaint against a long time member.  Sometimes, even if we don’t want to admit it, it’s best to pass on a potential assignment.

ALSO, don’t forget about RECRUITING!!!  If you have noticed we are continuing to bring in new members but at the same time we are losing others to retirement, inactive, and the occasional sad passing of old members. As we go about our business and interaction with other surveyors, AND potential new surveyors, we need to encourage their interest in becoming members of the most respected Marine Surveyor organization in the world!!  Talk to them!!, describe the benefits, whether Affiliate, Apprentice, Associate, or Certified. They are not your competition, they are your future replacement for when you retire!!  Remember, nothing stays static, it either grows or it falls by the wayside!!!

ALSO, I recently was invited to speak at the Southern US Training Seminar of the Yacht Brokers Association of America, an umbrella group of numerous Regional Yacht Brokers Associations. They are trying to become more professional by these training seminars with CECs and an Ethics policy. I was amazed at the number of attendees that wanted a current NAMS Directory!!! I gave out all I had and had the National Office send out more to the others that requested them. The message is: LET’S GET THOSE DIRECTORIES OUT TO THE PEOPLE THAT USE THEM !!! Get their cards and call the National Office to send them out. That is potential new business to your company!!!

Other than that I hope everyone is swamped with work like I am and are planning to meet with all your fellow members in beautiful Vancouver, BC, where an excellent educational program has been prepared along with the opportunity for all of us to see old friends and meet many new ones!!

SEE Y’ALL IN VANCOUVER!! Regards,  Dick Frenzel, NAMS-CMS.  President.

Editor’s Message

In order to continue the success of NAMSGlobal eNews, we want to expand our list of recipients. When you are discussing the world of marine survey with a client, a fellow non-denominational surveyor or someone who is interested in marine insurance or any related topic, mention the NAMSGlobal eNews and let them know is free for the asking. They can log on to the NAMS website and click on the “Join eMail List” button or send an email to NAMSGlobal headquarters [[email protected]] and ask to be added to the list. Best [and quickest] is to subscribe on the website.

Also, the news articles and current events you send in make the NAMSGlobal eNews interesting to readers in all disciplines of marine survey: [email protected]

Best regards to all: Greg Weeter, Editor

NAMS Applicants, New Members, and Changes in Status

New Applicants
Name Status & Discipline Applying For Region Sponsor(s)
John R. Baird NAMS-CMS, Y&SC N Pacific States Jerry VanderYacht
Todd Bellone NAMS-CMS, Cargo N York Robert Bartek
Freedom Dennis, NAMS Apprentice NAMS-CMS, Cargo C Pacific States Randall Lund
Allen Douglas, NAMS Associate NAMS-CMS, Y&SC S Atlantic Robert Bartek
Leon J. Falgout, Jr. NAMS-CMS, H&M E Gulf Childs E. Dunbar, Jr.
Lloyd Griffin, III, NAMS Associate NAMS-CMS, Y&SC C Atlantic Richard Frenzel
Michael Hunter NAMS-CMS, Y&SC W Rivers Roy Smith
Heather Morse Apprentice, Y&SC & H&M N Pacific Tommy Laing

New Members Elected July 1, 2011

Certified Members
Name Discipline Region Sponsor(s)
Hipolito Almoite Cargo E Gulf David J. Knowles
Edward Gibson Y&SC W Rivers John Colletti
Satish Janardhanan Cargo S Atlantic Chander Gorowara
C. Stanley Johnson Cargo W Rivers Richard Frenzel
Steven P. King H&M W Rivers Peter Merrill
Thomas Polk Cargo W Gulf Doug Cameron
Associate Members
Name Discipline Region Sponsor(s)
William C. Young Y&SC S Pacific States Leroy Lester, George LeBaron, Marvin Henderson
Apprentice Members
Name Discipline Region Sponsor(s)
Phil A. Gallo H&M N York Claudio Crivici
Requesting Change in Status
Member Name & Current Status Requesting Change To Region
John R. Bencal, NAMS-CMS Retired W Gulf
John S. Williams, Jr., NAMS-CMS Retired W Gulf

Crossed The Bar

Sunset and evening star, And one clear call for me!And may there be no moaning of the bar, When I put out to sea,


But such a tide as moving seems asleep, Too full for sound and foam,

When that which drew from out the boundless deep Turns again home.

Twilight and evening bell, And after that the dark!

And may there be no sadness of farewell, When I embark;

For though from out our bourne of Time and Place The flood may bear me far,

I hope to see my Pilot face to face When I have crossed the bar.


Ralph Kershaw Our NAMS member who died when the airplane on which he was flying struck one of the twin towers on September 11, 2001. On September 11, 2011, the 10th anniversary of his death, a granite memorial bench will be unveiled at 1:00 PM in Masconomo Park, Beach Street, Manchester, MA.

Upcoming Educational Events

September 11-13 2011, Vancouver, B.C. Canada

NAMSGlobal 43rd Annual National Marine Conference West

The Coast Plaza Hotel, 1763 Comox Street, Vancouver, B.C. Canada V6G 1P6

Reservations: 604.688.7711 Room rate: $159.00 plus taxes

September 20-21, 2011: Washington, DC

TSAC working group meeting in at USCG Headquarters, after everyone has had a chance to review the NPRM

Contact Tom McWhorter [email protected]

Maritime Services Group of Louisiana, 1926- C Corporate Blvd., Slidell, LA 70458

Phone 985-646-2323

Fax 985-646-2340

Cell 985-373-2485

October 17-19, 2011 IBEX, Louisville, Kentucky

North America’s largest marine trade event.  More details at

November 2 – 4 2011 SAMS Gulf Region Winter Meeting

Sandusky Ohio.  Contact Bob Horvath AMS

SAMS Great Lakes Regional Director

NorthStar Marine Surveying LTD.

Phone 440-336-2295

Fax 440-338-9802

30 November to December 3. 2011SAMS¨ Gulf Region Winter Meeting

New Orleans, Louisiana

Meeting & Educational Seminar Friday and Saturday – December 2 and 3, 2011 at Hotel Provincial, 1024 Chartres Street, New Orleans, Louisiana (6 Education Credits each day). There will also be a two-day USPAP Course Wednesday and Thursday – November 30 and December 1, 2011 (15 Education Credits).

Click here for a Meeting Agenda (PDF).

Click here for a Registration Form

For more information contact: Kristoffer A. Diel, AMS

Society of Accredited Marine Surveyors (SAMS)

Gulf Region Director [email protected], Mobile 504.236.8151

March 4-6 2012, Panama City, Florida

NAMSGlobal 50th Anniversary National Marine Conference

Marriott Bay Point Hotel, Panama City, Florida

Additional speakers are being solicited


Articles Of Interest

AWO Alert: Towing Vessel Inspection NPRM Published

The Coast Guard’s notice of proposed  rulemaking on towing vessel inspection was recently published in the Federal Register. To download a copy of the NPRM, click here:

NPRM Overview The NPRM draws heavily on the recommendations of the Coast Guard-AWO Towing Safety Working Group and the Towing Safety Advisory Committee.  The proposed rule would:

  • Establish a new 46 CFR Subchapter M containing nearly all of the requirements for inspected towing vessels.
  • Exempt from coverage vessels less than 26 feet, unless moving a barge carrying dangerous or hazardous materials; vessels used for assistance towing; work boats operating exclusively within a work site; seagoing towing vessels over 300 GRT subject to inspection under 46 CFR Subchapter I; and vessels inspected under other subchapters that may perform occasional towing.  Vessels in the first three categories would be addressed in a subsequent rulemaking.
  • Provide two compliance options: compliance via the use of an approved Towing Safety Management System (TSMS) and Coast Guard-approved third parties, or compliance via annual inspections of the towing vessel conducted by the Coast Guard. All towing vessels covered by Subchapter M would be required to hold a Certificate of Inspection issued by the Coast Guard.   Vessel owners using the TSMS option would have two years from the effective date of the final rule to create a TSMS and obtain a TSMS certificate signifying approval by a Coast Guard-approved third party. The requirement for all towing vessels to have a COI would be phased in between years three and six after the effective date of the final rule, with 25% of a company’s fleet required to obtain a COI each year.
  • Require towing companies using the TSMS compliance option to conduct internal management and vessel audits annually.  A Coast Guard-approved third party (not limited to a recognized classification society) would be required to conduct external audits of the company’s management system twice in five years and external audits of all covered vessels once in five years.
  • Allow for Coast Guard acceptance of safety management systems other than the International Safety Management Code to meet the TSMS requirements.  This would allow AWO to review the Responsible Carrier Program against the requirements for a Coast Guard-accepted TSMS, make any changes needed, and submit the RCP to the Coast Guard for acceptance as a TSMS.
  • Allow companies using the TSMS compliance option the ability to conduct required drydocking and internal structural examinations on a rolling basis using qualified personnel, rather than as a one-time event, provided all required elements are surveyed at the frequency prescribed in the regulations.  (Companies using a TSMS would also have the option of conducting these examinations as a single event.)
  • Establish requirements for vessel operations (including the development of a health and safety plan within three years), lifesaving, firefighting, machinery and electrical, and construction and arrangements.  The requirements would distinguish between existing and new towing vessels. These requirements would include several new requirements not previously discussed with TSAC, including: 1) the requirement for an automatic external defibrillator (AED) on towing vessels with overnight accommodations and alternating watches; 2) the requirement for a pilothouse alerter to warn of operator incapacitation for towing vessels with overnight accommodations, alternating watches, and no second person in the wheelhouse; 3) for towing vessels moving barges carrying oil or hazardous substances (except for harbor or fleet boats), the requirement for an independent, alternative means of maintaining propulsion, steering, and related control; and, 4) certain electrical system requirements for existing towing vessels, including a requirement for a second source of electrical power for essential systems on vessels other than harbor and fleet boats. The latter two requirements would take effect 5 years after the issuance of an affected vessel’s first COI.
  • Preempt OSHA jurisdiction over the safety and health of seamen on towing vessels as of the effective date of the final rule.
  • Defer consideration of required user fees for inspection until closer to publication of the final rule, so that user fees can be established based on an accurate understanding of Coast Guard activity with respect to towing vessel inspection.
  • Seek comment on issues associated with requirements for implementation of a Crew Endurance Management System and potential work hour requirements for towing vessel personnel. Significantly, the proposed rule does NOT include proposed regulatory text on these issues and indicates that any subsequent regulatory proposal concerning these issues would be published for additional public comment. The Coast Guard’s request for comments on these issues provides an important opportunity to place on the public docket the scientific research on split-sleep schedules that is the focus of AWO’s ongoing work with Northwestern University.

The Coast Guard will accept comments on the NPRM until December 9, 2011. In addition, the agency will hold four public meetings at dates and locations to be confirmed shortly. Meetings are tentatively scheduled to take place in Hampton Roads, VA, on October 18; in St. Louis, MO, and Seattle, WA, in mid-November; and in New Orleans, LA, on November 30. These dates are subject to change and AWO will notify members as soon as they are confirmed.

The transition to towing vessel inspection is the most important regulatory change our industry has ever experienced and we need all AWO members to engage in the advocacy process ahead. The content of the NPRM makes clear how important the contributions of AWO and TSAC have been in bringing us to this point. Thank you for all of your hard work over the last eight years, and for your continued engagement in the process ahead.

Contact: Jennifer A. Carpenter

Senior Vice President – National Advocacy

The American Waterways Operators

801 North Quincy Street, Suite 200

Arlington, VA 22203

(703) 841-9300, Extension 260

GL Ships Top USCG Port Safety List

Germanischer Lloyd (GL) has once again topped the United States Coast Guard (USCG) Annual Port State Control (PSC) Report and Annual Class Performance List for 2010. GL is again in the top-performing group, with a detention ratio of 0%. In over 1,000 distinct vessel arrivals there was no determination of class responsibility in any USCG detention of GL classed vessels.

Source: G Captain, DATE: 05 June 2011  LINK:

Safety Culture Offshore

In the latest edition of the Surveyor, Steve Arendt of ABS Consulting writes rather well on page 10 on the history of safety and the offshore industry.

Human error is widely considered to be the proximate cause of most workplace accidents. For minor incidents to
escalate to headline-grabbing disasters will usually require the convergence of a multitude of failures, with human error perhaps a contributing element within each. Therefore, it is understandable that government agencies charged with establishing and monitoring workplace safety place comparable importance on an organization’s safety management system as on the technical design of fail-safe systems.

For example, one factor identified in the official investigations into the 2010 Macondo well failure in the Gulf of Mexico was unclear assignment of responsibilities; in the 1988 loss of the Piper Alpha rig, one contributing cause identified by the investigation was a lack of effective communication; in the 2005 explosion at BP’s Texas City refi- nery, investigators found an atmosphere of parsimony, pressure, fear and fatigue had developed at the plant. Such findings inevitably raise the question of whether an effective safety culture was in place and being adhered to.

The term “safety culture” is high-minded but rather nebulous. How should it be defined? The UK Health and Safety Executive (HSE) uses the following: “The product of the individual and group values, attitudes, competencies and patterns of behavior that determine the commitment to, and the style and proficiency of, an organization’s health and safety programs.”

Another definition comes from the International Atomic Energy Agency (IDEA): “That assembly of characteristics and attitudes in organizations and individuals which establishes, as an overriding priority, that safety issues receive the attention warranted by their significance.” (More below). The publication, which is largely given over to offshore subjects may be read on the news page of the FOB site at

Courtesy Maritime Advocate Online a weekly digest of news and views on the maritime industries, with particular reference to dispute resolution. To contact the editor Bevis Marks, send an e-mail to: [email protected]

Piracy – A View From The Other Side

Hama Mohamed is currently living and studying in Britain, but is originally from Somalia and many of his family are still there. He uses his own experiences to shed some light on why growing numbers of other young Somali men are prepared to risk life and limb to hijack merchant ships.

Pirates, kidnappers, rag-tag militia, sea-bandits, sea-robbers, disenfranchised fishermen, off-shore entrepreneurs , whatever you call them, it is universally accepted that their way of making a living is unlawful.

Somali pirates currently hold 30 ships and more than 660 seafarers from at least 20 different countries.

But why are these mostly young former fishermen catching ships instead of fish? The answer lies onshore as well as offshore. By looking at pictures from the pirate havens of Eyl and Hobo it is clear that these young men have nothing in common with Johnny Depp in the movie Pirates of the Caribbean.

Somalia hasn’t had a functioning central government in the last 20 years. The country is in ruins thanks to feuding warlords and Islamists. The coastal towns these young men call home haven’t been spared death and destruction. In fact, in some coastal towns the fighting has been worse thanks to illicit trading partnerships between warlords and foreign mafia.

It is true that for these young Somali men, making money has always been their primary goal. During the “good old days” they used to go to the sea and come back with plenty of fish to sell. The sea was not only a provider, but also an escape from the war that was raging on land.

Warlords learnt that dealing in the dumping of toxic waste in Somali waters was more lucrative than running checkpoints and robbing the already penniless populations. Once the dumping of toxic waste had begun, it grew and grew. At the height of the dumping operations, foreign mafia were paying local warlords a mere $2.50 per tonne of toxic waste dumped on the Somalia coastline. This made Somalia one of the world’s cheapest dump sites, giving locals unknown illnesses and killing what remained of any fish that had been left by illegal fishing trawlers. This dumping continues today and no one knows if, or when, it will end. Suspicious containers, leaking what is thought to be radioactive toxic waste, surface every now and then in populous coastal towns all along the Somali coast. The rate of birth defects and children born with cancers has increased.

Terrible civil wars had already made surviving on land hard enough and these young men now found themselves with no way of making a living from the polluted soil and not being able to support their families. Thus, modern-day piracy was born.

In places like Hobyo and Eyl, a young man may only have three options to make a living: join local warlords, join the Al-Qaeda-linked Islamist group Al-Shabaab or become a pirate.

IOne Earth Foundation figures show that the average ransom paid to pirates to free a ship has doubled each year in the last five years. From around $150,000 in 2005 to $5.4m in 2010 , a 3,600% increase. This makes piracy off the coast of Somalia extremely profitable. Is it any wonder that piracy is the undisputed number one “profession” in Eyl and Hobyo?

The world’s reaction to this has been to increase the international naval presence off the coast of Somalia. This hasn’t deterred the pirates and has led to world leaders making exasperated statements about how Somali pirates are taking the world economy hostage.

Pirates know that even when caught red-handed they stand an 80% chance of being released to try their luck again. When they are detained and sent to prisons in the west, the prison conditions are much more favourable than those in many Somali coastal towns.

The Somali people feel abandoned by the world , their plight seen, but not acted upon. They feel they have been left to fight warlords, Islamists and foreign mafia on their own , and now to deal with the pirates, who spend their rich pickings in unknown places away from the local economy. The world needs to know that seaborne-only operations will not solve the issue of piracy in Somalia. Any solution that is proposed must involve solving the problems on land. The longer these problems are ignored, the bolder and richer the pirates get and harder it will be to dislodge them.

As the author of a report on piracy from Chatham House says: “Pirates can be chased on sea, but piracy can only be eradicated on land.” Somalis are left in a dilemma: they know the only means they’ve got of protecting their seas from the unabated illegal dumping of toxic waste and over-fishing are the pirates, and they fear that getting rid of them will only make their situation worse.

The world needs to act and give the Somali people some assurance that these illegal activities will end, if the pirates are to cease their operations. Until that happens, the pirate’s flag will be flying high in Hobyo and Eyl because, as the local fisherman say: “One man’s pirate is another man’s coastguard”.

This modern crisis is truly a question of justice, but also a question of whose justice?

(With thanks to the Nautilus Telegraph)

Pirates Have Their Own Stock Exchange

Pirates are on a hot streak this season. Worldwide, the first quarter of 2011 saw 142 recorded attacks, up from 67 in that time last year. Off the coast of Somalia there were 97, as against 35 last year. Why? Despite some efforts by Western powers to patrol the Horn of Africa, pirates are still able to access capital. The world’s first pirate stock exchange was established in 2009 in Harardheere, some 250 miles northeast of Mogadishu, Somalia. Open 24 hours a day, the exchange allows investors to profit from ransoms collected on the high seas, which can approach $10 million for successful attacks against Western commercial vessels. While there are no credible statistics available, reports from various news sources suggest that over 70 entities are listed on the Harardheere exchange. When a pirate operation is successful, it pays investors a share of the profits. According to a former pirate who spoke to Reuters, “The shares are open to all and everybody can take part, whether personally at sea or on land by providing cash, weapons or useful materials. We’ve made piracy a community activity. (The Wall Street Journal, 6/16/2011.) Courtesy AIMU Weekly Bulletin.

DOJ – Somali Pirates Sentenced to Life Imprisonment

The U. S. Department of Justice (DOJ) issued a news release stating that two Somali nationals have been sentenced to life imprisonment after pleading guilty to piracy in the death of four Americans on board the sailing vessel Quest.  (8/22/11).  Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant

USCG Publishes Supplemental NPR on STCW Implementation

The U.S. Coast Guard announced the publication in the Federal Register of a supplemental notice of proposed rulemaking on implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping (STCW) for Seafarers, 1978, and changes to domestic endorsements. Compliance with these regulations will allow mariners to become qualified in accordance with the STCW and able to find employment on vessels engaged in coastwise and foreign trade. (Marine Log, 8/1/2011.) Courtesy AIMU Weekly Bulletin.

North of England P&I Expands

Some 250 shipping and insurance guest attending the recent opening ceremony of the NOE’s newly enlarged UK headquarters in Newcastle upon Tyne heard how the Club’s entered ships tonnage now stood at over 111 million GT – equivalent to 12.1% of International Group owned tonnage. This was a nice way of putting it, as word swept around as to how the UK P&I Club, like some white collar equivalent of the Port of London and the largest by far in the world for many decades is, as a consequence of this news, no longer even the largest of its kind in England.

The North of England’s strategic objective is to gain a minimum market share of 12.5% of International Group owned tonnage. Together with over 40 million GT of chartered tonnage, the club’s total entry now exceeds 150 million GT.

Courtesy Maritime Advocate Online a weekly digest of news and views on the maritime industries, with particular reference to dispute resolution. To contact the editor Bevis Marks, send an e-mail to: [email protected]

USCG – Mooring Line Operational Safety

The USCG Sector Houston-Galveston issued a Marine Safety Alert reminding mariners and operators of the inherent dangers involved in line-handling operations. During the past two years, the sector has investigated two deaths and nine injuries related to line-handling. (5/26/11). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant

Coast Guard Considers Mandating Adult Life Jacket Wear

An advisory panel to the U.S. Coast Guard gave its go-ahead to pursue federal regulations that would require adults to wear life jackets on certain boats. The National Boating Safety Advisory Council asked the Coast Guard to consider mandating that anyone aboard a boat less than 18-feet long be required to wear a life jacket when underway. In addition it asks that all those being towed in water sports, riding personal watercraft, or in human-powered boats of any length be required to wear life jackets as well. The 16-5 decision mirrors a trend among state boating agencies to increase the number of people actually wearing Coast Guard-approved life jackets with the aim of reducing boating fatalities. But unlike the Council recommendation, which would apply to all ages, most state laws apply just to children and specify varying age cutoffs, typically 12 and under.

The U.S. Forest Service estimates that 82 million people participated in boating in 2010 and Coast Guard statistics show 736 people died in boating accidents that year. According to a Coast Guard mathematical model, if a 70 percent wear rate was achieved, mandating boaters nationwide to wear life jackets in boats less than 18-feet could save 71 lives each year. Courtesy Boat US Magazine, published by the Boat Owners Association of the United States.

USCG – 1,3 Butadiene Exposure Hazard

USCG Sector Houston-Galveston issued a Safety Alert reminding personnel of the potential atmospheric hazards that may be present while working on or around liquefied petroleum gas (LPG) carriers. Recently, USCG personnel were preparing to conduct a port state control Certificate of Compliance “Gas” (COC-Gas) examination of an LPG carrier. Standard guidance provides that entry into cargo compressor rooms may not be made until the space has been certified as “Safe for Workers” by a marine chemist. The marine chemist found 35 ppm of 1,3 Butadiene, well in excess of the NIOSH short term exposure limit (STEL) of 5 ppm. The question arose as to why the vessel’s fixed gas detection system had not identified the high level of the gas. Further research determined that the lower explosive limit (LEL) for 1,3 Butadiene is 20,000 ppm. The fixed gas detection alarm had been set to activate at 10% of the LEL (2,000 ppm). Failure to follow the standard guidance would have exposed the Coast Guard inspectors to an excessive amount of a known carcinogen. (6/13/11).  Note: Owners, operators, and masters should check the gas detection alarm settings on their vessels so as to avoid similar problems.

Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant

EPA and Coast Guard to Jointly Enforce Air Pollution Requirements for Vessels Operating in U.S. Waters

On June 27, 2011, the Environmental Protection Agency and the Coast Guard announced their agreement to jointly enforce Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL), as implemented in the United States by the Act to Prevent Pollution from Ships (APPS) by way of a Memorandum of Understanding.

Annex VI of MARPOL addresses air pollution from ships through the use of both engine-based and fuel-based standards. Since January 8, 2009, all U.S. flagged vessels and non-U.S. flagged vessels operating in U.S. waters must be in compliance with the regulations of MARPOL Annex VI and the APPS provisions implementing Annex VI.

This alert discusses the specifics of the Memorandum and other details of importance to the maritime industry.

Read full article È

Courtesy Holland & Knight LLP, Visit More publications are available on their website.

NTSB – Mate’s Distraction Resulted in Fatal Collision

The National Transportation Safety Board (NTSB) issued a press release stating that its investigation has determined that the mate operating a tugboat on the Delaware River near Philadelphia on July 7, 2010, failed to maintain a proper lookout while towing a barge alongside. He was inattentive due to his repeated use of a cell phone and lap top computer while communicating with his family who were dealing with a family emergency. As a result of this inattention, the barge collided with an anchored amphibious passenger vehicle, the DUKW 34. The collision resulted in the sinking of the vehicle. Two of the 35 passengers on the vehicle were killed. Minor injuries were suffered by 26 passengers and two crew members. A synopsis of the report has been posted. The full report will be released in several weeks. (6/21/11). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant

  1. S. Court – Houseboat Is A Vessel and Subject To Admiralty Jurisdiction

The US Court of Appeals for the Eleventh Circuit ruled that an undocumented houseboat is a vessel for purposes of admiralty jurisdiction. The 33-page decision involves efforts by a municipal marina to enforce its rules and efforts by the owner of one of the vessels at the marina to resist changes in the rules. City of Riviera Beach v. Certain Unnamed Vessel, No. 10-10695 (11th Cir., August 19, 2011). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant

States Target Intoxicated Boating

As the summer boating season enters full swing, states are moving to curtail a peril on the water — boating while intoxicated. Alcohol is the leading contributing factor in fatal boating accidents involving the USA’s 12.4 million registered boats, the U.S. Coast Guard says. There were 126 fatalities and 293 injuries in 330 alcohol-related boating accidents in the USA in 2010. He and other experts say that many recreational boaters don’t realize that stress factors associated with boating — such as heat, direct sunlight, vibration, wind and noise — magnify the effects of alcohol. The Lexington, Ky.-based National Association of State Boating Law Administrators is pushing for a national marine field sobriety test standard that would enable patrol officers to test boaters while they’re seated.  (USA Today, 6/21/2011.) Courtesy AIMU Weekly Bulletin. Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website© Dennis L. Bryant

Cargo Thieves Change Tactics

Thieves are taking cargo thefts to a new level; experts say in some cases, thieves are impersonating legitimate trucking companies. In other cases, they are setting up bogus businesses that appear to be real to gain access to trucking company shipments, the experts say.  The fraudsters, tapping the latest technology, can take company information from the Internet to make it appear they are a legitimate trucking firm.  Sources say cargo thieves will even go so far as setting up a shell company with a website to add legitimacy, then place bids on electronic Òbroker load boardsÓ to haul freight that shippers need help in delivering. It is difficult to put an exact figure on the cost of cargo theft, sources say, but they agree it is at least a billion-dollar problem. The weak U.S. economy likely has had an effect, sources said. To save money, some shippers are turning to electronic freight brokerage boards where thieves often prey. The sites are not doing the vetting and in one case it was found that the site itself was not legitimate. One form of fraud that is increasing involves setting up a legitimate trucking company on paper, gathering necessary approvals from the Department of Transportation and other sources, and even buying cargo insurance to have a policy available to show clients. They may take a couple of loads; and on the third load, as people get comfortable with them, they steal it.Consumer electronics, nonperishable food, apparel and pharmaceuticals remain high-target items for thieves, experts say. But there has been an uptick in the theft of cargo containing metals such as copper, aluminum and steel, sources said. Preventing cargo theft takes vigilance, experts advise. (Business Insurance, 8/22/2011.) Courtesy AIMU Weekly Bulletin.

Coal Cargo Blazes

Readers of Joseph Conrad’s short story called Youth, which features the loss by fire of a coal carrier, the Judea, bound for the East, will need no reminding how mariners have dreaded the tendency of coal to ignite. And yet, as our friend Karl Lumbers of the UK Club says, “the problems associated with carrying coal by sea are today much better understood. This can lead to flammable atmospheres in the hold, depletion of oxygen in those spaces and corrosion of metal structures. Lower quality coals such as lignite are more prone to this process than higher quality coals such as anthracite.

Understanding the quality of coal being shipped and how to monitor it is fundamental to reducing the risk of self-heating, and possibly the outbreak of fire. The Club believes one country whose coal exports present a real threat to ships and seafarers is Indonesia and it further notes that incidents have become increasingly frequent in recent years. It has therefore published a simple checklist entitled How to monitor coal cargoes from Indonesia.

If you would like to read this list go to the news page of FOB and click on the blue filelink:

Courtesy Maritime Advocate Online a weekly digest of news and views on the maritime industries, with particular reference to dispute resolution. To contact the editor Bevis Marks, send an e-mail to: [email protected]

UK – Aircraft Carrier Segment Under Tow

The Royal Navy issued a news release stating that an 8,000 tonne segment of the HMS Queen Elizabeth is being towed around Scotland from the Clyde to the Forth, where it will join other sections to form the UK’s next aircraft carrier.  (8/18/11). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant

Court – Implied Theory of Workmanlike Performance

The US Court of Appeals for the First Circuit ruled that a vessel owner may only recover from a ship repairer under an implied warranty theory if the alleged breach is shown to have caused the owner’s injury. In the instant case, plaintiff purchased a used motorboat from defendant in an “as is” condition. Commencing about five months later, the boat suffered a series of breakdowns. Each time, plaintiff brought the boat back to defendant for repairs. Each time, the boat would operate properly for a few months and then break down again, generally in a different manner than before. After three years of this cycle, plaintiff brought suit against defendant alleging, among other things, breach of the duty of workmanlike performance. As evidence, plaintiff relied on the fact that the boat failed to operate properly despite defendant’s repair work. The court ruled that this was insufficient to prove that defendant’s work was substandard and that such substandard work caused the damage claimed.   Fairest-Knight v. Marine World Distributors, No. 10-1409 (1st Cir., July 15, 2011).Courtesy

Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected]  Website © Dennis L. Bryant

Useful Links

USCG Marine Safety Advisory – Take the search out of search & rescue

USCG Marine Safety Advisory – High Velocity Vent Valves, Courtesy Bryant’s Maritime Consulting


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