05/05/2020
Headlines:
USCG – Application for Inspection of a US Vessel;
USCG – PARS for New Jersey coast;
USCG – rescue swimmer honored;
DOT - $500 million loan for Port of Long Beach;
Cook Inlet – geohazard survey permit issued;
Court – lack of standing;
Australia – DGPS shutdown on 1 July;
Hong Kong – typhoon season; and
Singapore – revalidation of certificates of competency.
May 5, 2020
Bryant’s Maritime Blog
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USCG – Application for Inspection of a US Vessel
The US Coast Guard issued a bulletin stating that the Office of Commercial Vessel Compliance (CG-CVC) has posted an updated CG-3752 Application for Inspection of U.S. Vessel which combines CG form CG-3752 – Application for Inspection of U.S. Vessel and CG-3752A – Application for Inspection of U.S. Vessel (New Construction) into a new single two-page form. The second page of the form is only needed to be completed in addition to the first page if a U.S. vessel is New Construction or Entering Certificated Service. The updated Application for Inspection reduces redundancy, increases efficiency, and streamlines form completion with necessary values to align with the Coast Guard’s database. It includes embedded hyperlinks, dropdowns, electronic signatures, and manual entry options if needed. The form can be found on the Office of Information Management’s (CG-61) forms website by searching CG-3752. (5/4/20) [https://mariners.coastguard.blog/2020/05/04/new-form-cg-3752-application-for-inspection-of-u-s-vessel/]
USCG – PARS for New Jersey coast
The US Coast Guard issued a notice stating that it is conducting a Port Access Route Study (PARS) to determine whether existing or additional vessel routing measures are necessary along the seacoast of New Jersey and approaches to the Delaware Bay. The PARS will consider whether existing or additional routing measures are necessary to improve navigation safety due to factors such as planned or potential offshore development, current port capabilities and planned improvements, increased vessel traffic, existing and potential anchorage areas, changing vessel traffic patterns, weather conditions, or navigational difficulty. Vessel routing measures are implemented to reduce the risk of marine casualties. Examples of potential measures include traffic separation schemes, two-way routes, recommended tracks, deep-water routes, precautionary areas, and areas to be avoided. The recommendations of the study may lead to future rulemakings or international agreements. Comments must be received by 6 July. 85 Fed. Reg. 26695 (5/5/20) [https://www.govinfo.gov/content/pkg/FR-2020-05-05/pdf/2020-09538.pdf].
USCG – rescue swimmer honored
The US Coast Guard issued a news release stating that a USCG rescue swimmer at Air Station North Bend has been awarded a medal for saving the life of a fellow aircrew member suffering cardiac arrest. (5/5/20) [https://content.govdelivery.com/accounts/USDHSCG/bulletins/289e562].
DOT – $500 million loan to Port of Long Beach
The Department of Transportation (DOT) issued a press release stating that the Department’s Build America Bureau will provide a loan of $500 million under the Transportation Infrastructure Finance and Innovation Act (TIFIA) to the City of Long Beach, California, acting through its Board of Harbor Commissioners (the Port of Long Beach). (5/4/20) [https://www.transportation.gov/briefing-room/us-transportation-secretary-elaine-l-chao-announces-500-million-loan-port-long-beach].
Cook Inlet – geohazard survey permit issued
The Bureau of Ocean Energy Management (BOEM) issued a press release stating that it issued a permit to Hilcorp Alaska LLC to conduct a geohazards survey in the federal waters of Cook Inlet, off the coast of Southcentral Alaska. The area to be surveyed is in lower Cook Inlet, west to southwest of Kachemak Bay. (5/1/20) [https://www.boem.gov/newsroom/press-releases/boem-approves-cook-inlet-geohazards-survey].
Court – lack of standing
The US Court of Appeals for the First Circuit dismissed an action by a putative class of shippers (collectively, "Dantzler") who use the services of ocean freight carriers to import goods into Puerto Rico through the maritime port of San Juan. Their claims stem from a cargo scanning program implemented by the Puerto Rico Ports Authority ("PRPA") in an effort to improve the safety of the port. Pursuant to that program, PRPA contracted with Rapiscan Systems, Inc. ("Rapiscan") -- which later assigned its rights and obligations to its wholly-owned subsidiary S2 Services Puerto Rico LLC ("S2") -- to provide the technology and services needed to scan all containerized inbound cargo. To offset the costs of the program, PRPA charged the ocean freight carriers a fee for their use of the scanning facilities in the Port of San Juan. Dantzler alleges that, in response to that fee, ocean freight carriers were "forced" to be "collection agents" that collected fees from the shipper entities. Consequently, Dantzler brought a Section 1983 lawsuit against PRPA, Rapiscan, and S2 together, seeking money damages and requesting that the court declare and enjoin the collection of the additional fee as violative of the United States Constitution and Puerto Rico law. The defendants filed motions to dismiss the complaint, which the district court granted in part and denied in part. They now appeal the partial denial of those motions. In the end, their appeals reduce to a question of standing over the denial of immunity. The appellate court found that Dantzler has failed to establish its constitutional standing to sue PRPA, Rapiscan, and S2, and thus the appellate court vacated the district court's order and remanded for dismissal on jurisdictional grounds. Dantzler, Inc v S2 Services Puerto Rico, No. 18-2087 (1st Cir., May 1, 2020) [http://media.ca1.uscourts.gov/pdf.opinions/18-2087P-01A.pdf]. Note: This item was brought to my attention by my good friend Keith Heard of Lennon, Murphy & Philips LLC.
Australia – DGPS shutdown on 1 July
The Australian Maritime Safety Authority (AMSA) issued a Notice announcing that its Differential Global Positioning System (DGPS) will shut down effective 1 July. (5/5/20) [https://www.amsa.gov.au/about/regulations-and-standards/032020-shutdown-amsas-differential-global-positioning-system-dgps].
Hong Kong – typhoon season
The Hong Kong Marine Department issued a Notice reminding stakeholders of the approach of typhoon season. (4/29/20) [https://www.mardep.gov.hk/en/notices/pdf/mdn20063.pdf].
Singapore – revalidation of certificates of competency
The Singapore Maritime and Port Authority (MPA) issued a Shipping Circular concerning revalidation of Certificates of Competency and Tanker Endorsements. (5/4/20) [https://www.mpa.gov.sg/web/portal/home/port-of-singapore/circulars-and-notices/detail/cc8fb5b6-1b1d-48f6-8110-621ce3e7045d].
Thought for the day – 5 May 2020
Since I recently started posting these particular thoughts, I have received many comments. Regardless, I will keep posting them! Listen to your mother and wash your hands.
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Dennis L. Bryant
Bryant’s Maritime Consulting
4845 SW 91st Way
Gainesville, FL 32608-8135
USA
1-352-692-5493
[email protected]
https://brymarconsulting.com/
© Dennis L. Bryant – May 2020
Assisting the maritime community in regulatory and environmental compliance. US Coast Guard, MARAD, FMC, EPA, IMO and related entities.