Gardner Holland News

forecast of international energy demand. patterns increasingly resemble those of the industrialized world. raise oil prices in 2000. industrialized (mainly Western Europe) and developing (mainly Central and South America) nations. 2001, and global oil demand is projected to expand by about 0.6 mbd in 2002. an annualized growth rate of 2.2%. almost 44 mbd over current production capacity by 2020. Latin America, and deepwater West Africa. future source of oil production in both Latin America and Africa.

by Dennis L. When the federal government began examining United States vulnerabilities in the days following the horrific terrorist attacks of September 11, 2001, it quickly became apparent that significant weakness existed on the U.S. maritime borders. Many, but not all, of these weaknesses were systemic and derived from both the U.S. open society and the procedures underlying modern maritime commerce. The goal quickly became to reduce the risk of maritime terrorism while not fundamentally altering the efficiencies of the commercial system. It was quickly realized that the threat to the maritime sector consisted of two distinct types: explosives and other contraband being shipped as cargo (particularly in a container) and the ship being used as a weapon…

At press time, the political debate surrounding the creation and final details of the Homeland Security Department was still being vehemently debated, rightfully so considering that it is perhaps the most significant U.S. government overhaul in nearly half a century. Those hoping for a clean and quick decision on the matter should have known that politics — and time — would eventually cool the fervor created by the September 11 attack. This is not to say that safety and security is no longer a top priority ... quite the opposite in fact. The marine business in and around the U.S. has been under intense scrutiny since 9/11, with measures…

The Architectural and Transportation Barriers Compliance Board (Access Board) will hold two informational meetings to assist the board in developing accessibility guidelines under the Americans with Disabilities Act (ADA) for passenger vessels. The meeting will focus on providing accessible embarkation and disembarkation for persons with disabilities on and off certain U.S. and foreign passenger vessels. The meetings will be held in New Orleans on August 20 and in Seattle on September 9, 2003. (Source: Haight Gardner Holland & Knight)

The U.S. Coast Guard issued a final rule establishing safety and security zones with a radius of 500 yards around cruise ships and vessels carrying Certain Dangerous Cargo (CDC), liquefied natural gas (LNG), or liquefied hazardous gas (LHG) on waters of Chesapeake Bay within Captain of the Port (COTP) Baltimore Zone. The rule comes into effect on August 21, 2003. 68 Fed. Reg. 43309 (Source: Haight Gardner Holland & Knight)

The Transportation Security Administration (TSA) issued a Notice stating that it has initiated Round 3 of the Port Security Grants Program. This round will focus on enhanced facility and operational security. Up to $104 million in grant monies may be awarded in this round. Applications for grants must be received by TSA not later than 2 p.m. Eastern Daylight Savings Time, August 21, 2003. 68 Fed. Reg. 43152

The U.S. August 1, 2003, severely restricting the authority of U.S. visas. Comments on this rule should be submitted within 60 days. to obtain U.S. United States in the near future. Even if they know of such U.S. calls, they may reside in a location distant from the U.S. consulate. official. 68 Fed. Reg. 40127 (July 7, 2003).

The IMO issued a Maritime Safety Committee circular providing the annual report for 2002 of reports on acts of piracy and armed robbery against ships. The number of such acts reported to the IMO during 2002 was 383, an increase of 4% over the figure for 2001. The most affected area was the Far East, with 140 incidents reported in the South China Sea alone. MSC.4/Circ.32 http://www.imo.org/includes/blastDataOnly.asp/data_id=7215/32-b&w.pdf (Source: Haight Gardner Holland & Knight “Maritime Items”)

The U.S. (SARS). The three guidelines are somewhat redundant with each other. first focuses on Personnel Boarding Maritime Vessels from Areas with SARS . Workers Handling Cargo or Other Packages . Cruise Ship Passengers and Crew Members . that SARS appears to be spread by close person-to-person contact. or a sanitizer. contact with objects. from SARS. persons and appropriate medical authorities should be notified.

The U.S. of the Shipping Coordinating Committee. subcommittee structure. certification and watchkeeping. of the Maritime Safety Committee. (RTCM) in St. 49th session of the IMO Subcommittee on Safety of Navigation. 68 Fed. Reg.

Shipowners are constantly faced with ever-changing laws and guidelines they must abide by. If they don't adhere - or even are not aware of these environmental requirements and regulations - they may not only risk losing their upstanding place in the maritime industry, but could face stiff fines and possibly even jail time. Ever since the Exxon Valdez oil spill disaster in 1989, vessel owners and masters have since become wary of already-established and new guidelines (such as OPA '90) exerted by IMO and SOLAS for safe and clean waters. Everyone from captains on the largest cruise ships in the world - to the master of a small tugboat fall into this category. But, alas, there are always a few who think they are above the law or are just - in plain English - negligent in their decisions.

The National Oceanic and Atmospheric Administration (NOAA) has launched an electronic chart update service via its Nautical Charts Internet site. Users may access chart updates published in the USCG Local Notice to Mariners, NIMA Notice to Mariners, and Canadian Coast Guard Notice to Mariners. Chart updates include information on aids to navigation changes, hazards to navigation, and other essential information for safe navigation. (5/29/03). (Source: Haight Gardner Holland & Knight, May 2003)

The Research and Special Programs Administration (RSPA) will conduct public meetings in Washington, DC on June 18 and July 16, 2003. The first meeting is to prepare for the 23rd session of the United Nations' Subcommittee of Experts on the Transport of Dangerous Goods. The second meeting is to report on the results of the UN session. 68 Fed. Reg. 32579 (May 30, 2003). (Source: Haight Gardner Holland & Knight, May 2003)

The U.S. Coast Guard and the Maritime Administration (MARAD) have made available the draft environmental impact statement for the Port Pelican LLC Deepwater Port License Application. The proposed project calls for construction and operation of a liquefied natural gas deepwater port and associated anchorage in the Gulf of Mexico. Written comments should be submitted by July 15, 2003. Oral comments will be received at a public meeting to be held in Lafayette, Louisiana on July 1, 2003. 68 Fed. Reg. 32538 (May 30, 2003). (Source: © Haight Gardner Holland & Knight, May 2003)

The U.S. Court of Appeals for the Fifth Circuit ruled that a ship involved in a collision that was due, in part, to its lack of a safety system, may be found unseaworthy and the owner may lose its ability to limit liability. In the instant case, two offshore supply vessels collided in the fog on the Mississippi River. Multiple lawsuits followed. The trial court found that one of the vessels was operated at high speed, without running lights or fog signals, without use of radar, and without making use of its radio. The trial court denied the owner's petition for limitation of liability and the owner appealed. The appellate court held that the owner had privity and knowledge of the master's negligence because it failed to provide a lookout…

The Washington State Department of Ecology has reopened the comment period with regard to the proposal to deepen the navigable channel of the Columbia River. Comments are sought with regard to possible ocean disposal of the dredge spoil. Comments should be submitted by June 9, 2003. (5/20/03). (Source: Haight Gardner Holland & Knight, May 2003)

The National Oceanic and Atmospheric Administration (NOAA) issued a Notice stating that announcing distribution of certain digital navigation and related data on the Internet. Certain electronic charts have been available on the Internet for several years. Soon, the U.S. Coast Pilot, tide and current tables, and other data will be available. 68 Fed. Reg. 27784 (Source: Haight Gardner Holland & Knight, May 2003)

coordination with the St. requirements for manning of vessels underway. January 1, 2003. qualified crewmember. duties.

The U.S. Coast Guard has established a new anchorage area (designated "C") in Bolivar Roads near Galveston. Anchorage area C is located inside the Galveston Bay entrance jetties and will provide a sheltered place for vessels to anchor. The new anchorage area comes into effect on June 12, 2003. 68 Fed. Reg. 25496 (May 13, 2003). (Source: Haight Gardner Holland & Knight, Maritime Items, May 13, 2003)

The U.S. Government, and particularly the U.S. Customs Service, has focused on cargo as a major risk factor with regard to the maritime security of the United States. The following is an outline of some of the measures being adopted or considered by the Customs Service in its efforts to enhance maritime security and the impacts of those measures on shippers, intermediaries, and carriers. By Dennis L. Bryant, Senior Maritime Counsel, Haight Gardner Holland & Knight, Washington, D.C. The measures can be grouped into three general categories: inspections, risk reduction, and container security. Inspections occur both in the United States and abroad and involve both use of technology and physical inspection.