Shipping Coordinating Committee – meeting re IMO MSC session

The Shipping Coordinating Committee (SHC), sponsored by the Department of State (DOS), will meet in Washington, DC on 16 November to prepare for the upcoming session of the IMO Marine Safety Committee (MSC).  Topics on the agenda include: maritime security; goal-based ship construction standards; LRIT-related matters; passenger ship safety; and making the Polar Code mandatory.  77 Fed. Reg. 57638  (September 18, 2012).

 

NASA and ESA – monitoring global maritime traffic

The National Aeronautics and Space Administration (NASA) issued a news release stating that the International Space Station (ISS) is testing the viability of monitoring global maritime traffic. The ship detection system is based on the Automatic Identification System (AIS) and is hosted by the European Space Agency (ESA). (4/2/12)

 

Special notice about the Coast Guard Medium Frequency radio infrastructure

The US Coast Guard issued a special notice stating that, due to the aging Coast Guard Medium Frequency radio infrastructure, calls to the Coast Guard on the international radiotelephone distress frequency 2182 kHz may not be reliably received by the Coast Guard. Mariners who hear distress calls that has not been acknowledged by the Coast Guard are asked to assist by advising the Coast Guard unit by using whatever means are available. (3/21/12)

 

California – loan assistance for diesel marine vessels/engines

The California Air Resources Board (CARB) issued a Fact Sheet stating that it received $5 million in American Recovery and Reinvestment Act funds to assist small business owners with replacement of marine vessels or marine vessel diesel engines with cleaner, less-polluting engines. Applications must be submitted prior to July 31. (3/16/12).

 

Court – failure to notify Coast Guard is a continuing offense

The US Court of Appeals for the Sixth Circuit ruled that the willful failure to notify the Coast Guard of a hazardous condition on the vessel is a continuing offense for purposes of venue. Defendant’s barge was loaded benzene and was under towage by defendant’s tug. While the barge was on the Mississippi River near St. Louis, it sprang a leak, emitting benzene. The pilot on the towboat instructed deckhands to seal the leak with a bar of soap. When notified by the pilot, the port captain instructed the pilot to apply a temporary epoxy patch. Meanwhile, the barge was taken down the Mississippi River to Cairo and then up the Ohio River toward its intended destination. The epoxy patch failed while the barge was near Louisville, four days after the initial leak. It was then that the Coast Guard was notified for the first time. Defendant was prosecuted and convicted by a federal court in the Western District of Kentucky.

 

Defendant moved for dismissal, contending that the offense was committed, if at all, when the benzene leak initially occurred near St. Louis and could not be tried in any other venue. The district court granted the motion and the government appealed. The appellate court ruled that the offense of failing to notify the Coast Guard continued until proper notification was given. Since the barge travelled through several federal districts prior to the notification, defendant was subject to prosecution in any of those districts.

 

 United States v. Canal Barge Co., No. 09-5388 (6th Cir., January 7, 2011)