President’s MessageGREETINGS ALL, I’m sure everyone should be busy now with summer here and surveyors in many areas having to sort through the damage to yachts, small craft, tugs, barges, and other assorted craft along with dock and marina damage from all the flooding around the country. Good luck to all of you who are participating in those damage claims. Only one short item of importance this time!! 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 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!!! Next, I would like to encourage all NAMS Surveyor Members to use their NAMS designations in all their communications. NAMS-CMS, NAMS-Apprentice, or NAMS-Associate. This is also a recruiting tool. When the general marine community sees the NAMS designation on your reports, on your letterhead, and in your emails, they will know they are associating with a professional who is proud of his or her professional organization. And when other marine surveyors see their friendly competitors are associated with a professional organization like NAMS, they will have incentive to work hard and become a member also. 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 is being 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. WebCom MessageWe want to encourage everyone to be sure their computers (and mobile devices) and software security measures are up-to-date. This includes your anti-virus and anti-spam software and your email client(s) and your internet browser(s). Using the latest versions will insure you have the best, and safest, tools to conduct your online business. The most popular browsers are Internet Explorer, Firefox, Chrome, Safari, and Opera. The percentages of each differ somewhat in various parts of the world. Be sure you have the latest version of your favorite browser for your operating system or your mobile device. For information on Cyber Alerts, Tips, and Bulletins, and to signup to their email list, visit US-CERT (United States Computer Emergency Readiness Team) by clicking here. This link opens a new window which you can close to return here. Thanks To Sponsors, Exhibitors, and Advertisers NAMSGlobal thanks the following companies for participating as a Sponsor, Exhibitor, and / or Advertiser 49th Annual National Marine Conference East, St. Louis, Missouri, April 10 – 12, 2011:
NAMS Applicants, New Members, and Changes in Status
New Members Elected 11 April 2011
Members Change In Status
Crossed The Bar
Upcoming NAMS Educational EventsNAMSGlobal 2011 Conferences & Seminars 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 To view and / or download a conference program, click here. To view and / or download a conference registration form, click here. October 28, 2011 NE Region Fall Meeting, Lincoln, RI The NE Region has scheduled their Fall Meeting at the Amica Insurance Company building. More details to come. You may also contact Neil Rosen at [email protected] March 4-6 2012, Panama City, Florida NAMSGlobal 50th Annual National Marine Conference East. Marriott Bay Point Hotel Additional speakers are being solicited Other Educational EventsABYC 2011 Course Calendar For the latest information on ABYC’s 2011 educational programs, please click here. Note this opens a new window in your browser. Simply close it to return here. ABYC conducts many educational programs including, but not limited to, Marine Electrical Systems, Corrosion Surveys, Diesel Engines & Support Systems, Air Conditioning & Refrigeration, and ABYC Standards. If you have questions regarding registration for the ABYC courses please contact Cris Gardner or Sandy Brown at 410.990.4460. Summer 2011 ProBoat E-Training Online Courses ProBoat E-Training has a variety of web-based courses that are available in a work-at-your own pace format. We also have an ongoing offering of Rhino for Marine Designers, with a new session starting each month. For more details on any of the courses listed here go to http://ProBoatE-Training.pbworks.com NAMSWorthyOpenings and VacanciesUSCG – CFSAC Vacancies The US Coast Guard seeks applications for membership on the Commercial Fishing Safety Advisory Committee (CFSAC). Applications must be received by June 30. 76 Fed. Reg. 28799 (May 18, 2011). Courtesy: Bryant’s Maritime Blog–18 May 2011 Employment Opportunity Looking for entry to mid level Marine Surveyor in New Orleans, experience with sampling/weighing/draft surveys is a plus, experience with grains/oils is a plus. Will train the right person. Contact Steve Holmes, Executive Recruiter Domari & Associates, Inc., 135 Triple Diamond Blvd. #100, N. Venice, FL 34275 941-488-4440 Ext. 304 941-488-4450 (Fax) 877-Domari1 (Toll Free) www.Domarijobs.com Regional News and MeetingsJuly 23, 2011 – S. Atlantic Region Meeting, Tampa, FL The S. Atlantic Region has a regional meeting coming up on July 23, 2011 in Tampa, FL. We are currently working on getting a site and we’ll notify all region members (and others who request to be notified) by email as soon as it is secured. Several speakers have been confirmed. We anticipate six CE Credits for NAMS members. For more information or to be sure you’re on our region email list, email Dick Learned at [email protected]. October 28, 2011 NE Region Fall Meeting, Lincoln, RI The NE Region has scheduled their Fall Meeting at the Amica Insurance Company building. More details to come. You may also contact Neil Rosen, NAMS-CMS, at [email protected] Articles Of InterestNAMSGlobal Examination for Cargo Surveyors on Inland Service At the recent NAMSGlobal conference, a round table discussion was held on the cargo test for prospective candidates for CMS. It was the consensus of the group that another category should be added to the examination for Cargo Surveyors on Inland Service. Members are invited to submit questions for a new section of the cargo surveyor’s certification test. Questions can be in the form of “true or false”, “multiple choice” or “essay answers to a question that describes a function of the surveyor in this discipline”. We are specifically interested in questions that test the candidate’s knowledge of the day-to-day work performed in this discipline. If you have a question, or more than one question that you would like to see included in the test, please forward same to [email protected] Ian D. Cairns, President, Sabine Surveyors, Ltd., Metairie, Louisiana Phone: 504 831 9100, Fax: 504 832 9159, Cell: 504 616 7134 Hazards To Navigation and Obstructions On Navigable Waters By Captain Joseph A. Derie, NAMS-CMS, AMS, SAMS; CMI, Southwest Passage Marine Surveys Generally anything that interferes with navigation on a waterway is referred to as a “hazard to navigation,” however the terms “obstruction” or “obstruction to navigation” are sometimes used. While generic terms may serve for normal conversation, a marine surveyor who does damage claims for insurance companies or a marine accident investigator should always use the proper terminology, especially in a report or during a legal proceeding. The US Army Corps of Engineers (under Chapter II of 33 CFR) and the US Coast Guard both have responsibilities in determining hazards to navigation and obstructions on navigable waterways. 33 CFR 245 Removal of Wrecks and Other Obstructions and 33 CFR 64 Marking of Structures, Sunken Objects and Obstructions both define “hazard to navigation” in their Definitions sections (33 CFR 245.5 and 33 CFR 64.06), as “an obstruction, usually sunken, that presents sufficient danger to navigation so as to require expeditious, affirmative action such as marking, removal, or redefinition of a designated waterway to provide for navigational safety.” Those sections also go on to define “obstruction” as “anything that restricts, endangers or interferes with navigation.” The key phrase in the definition of hazard to navigation is “usually sunken.” The difference between a hazard to navigation and an obstruction is whether the object can be seen on not when navigating a waterway. If it can be seen, a vessel should be able to take action in sufficient time to navigate around it. If it can’t be seen, it is a hazard to navigation lurking beneath the water to cause problems for the unknowing mariner. Note the term “obstruction to navigation” is not used and cannot be found in 33 CFR. The phrase closest to that term in 33 CFR is “obstructionof navigation” which is used when referring to bridges over navigable waters in 33 CFR 494 Obstruction of navigation; alterations and removals; lights and signals; draws. The term “obstruction to navigation” is more commonly used in case law, most notably in United States vs. Rider, a 1901 Supreme Court decision concerned with a bridge over the Muskingum River, a navigable waterway in Ohio. To determine whether an object is a hazard to navigation, we must refer to 33 CFR 64.31 Determination of hazard to navigation, which states: “In determining whether an obstruction is a hazard to navigation for the purposes of marking, the District Commander considers, but is not limited to, the following factors:
This follows the Army Corps of Engineers Chapter 11 of 33 CFR somewhat. 33 CFR 245.20 (a) states “Upon receiving a report of a wreck or other obstruction, District Engineers will consult with the Coast Guard district to jointly determine whether the obstruction poses a hazard to navigation.” 33 CFR 245.20 (b) lists items (1) to (10), which are the exact ten factors listed in 33 CFR 64. 31(a) thru (j) above. However that list does not include a subparagraph similar to (k) above: “Whether the obstruction is defined as a hazard to navigation under other statutes or regulations.” What statutes or regulations this is referring to is unclear, but it is very likely they would be District or area specific such as might be found in 33 CFR 162 Inland Waterway Navigation Regulations. Note that following the general definition that a hazard to navigation is “usually sunken,” the state of the tide or height of water is recognized in both 33 CFR 64.31(c) and 33 CFR 494 (b) (3) which read: “Depth of water over the obstruction, fluctuation of the water level, and other hydrologic characteristics in the area.” Temporary obstructions are frequently caused by unavoidable circumstances. Examples of those types of obstructions would be vessels adrift or not under command, logs and flotsam. This is why Rule 5 of the Navrules “Lookout” is always important. If one of these is spotted, a vessel operator should make a radio call of a call of “Securité, Securité, Securité” followed by a description and location of the obstruction. Information on temporary obstructions can also be found in the local Notices to Mariners published by the US Coast Guard. 33 CFR is generally concerned with safe navigation on navigable waters by commercial vessels. Therefore some hazards to navigation or obstructions outside the channel or fairway may not be marked or shown on charts. Recreational boats with their shallower drafts should therefore be aware of these unmarked/uncharted hazards to their navigation and local knowledge is important. The US Army Corps of Engineers uses, among other publications, 33 CFR 245.5 as a guide when reviewing construction permits for dock in federal navigable waters. Whether the dock will be a hazard to navigation if constructed is among some of the concerns the Corps has before approving such permits. This approval can be important if the dock is damaged in an allision and the owner seeks compensation for the damage. An un-approved dock can be considered a hazard to navigation and no compensation would be forthcoming. In fact, it is conceivable that the owner of the dock might be liable for any damage to the vessel alliding with the dock. This discussion has concentrated on federal navigable waters. The definitions of hazard to navigation and obstruction may differ on sole state waters. Googling that term has findings from Delaware to Texas. Other states undoubtedly have their own interpretations. In many cases the hazards to navigation or obstructions in a man-made lake will depend on rainfall or the release of water from a dam. Marine surveyors working claims on those types of lakes are generally familiar with a boater’s comment on the damage to his outdrive: “That rock wasn’t in the lake last year!” Marine surveyors working claims and marine accident investigators should always be cognizant of the rules of the waterways they are working on and the definitions pertinent to those rules. They should then use the proper terminology. One reason is that they are professionals and are expected to know the rules and proper terminology; another reason is improper use of terminology in a report or in a legal proceeding is a disservice to your client that the other side can capitalize on and make you look less than professional. OMB – Inspection of Towing Vessels The proposed rule for Inspection of Towing Vessels has (finally) been submitted to the Office of Management and Budget (OMB) for review. This rulemaking would implement a program of inspection for certification of US towing vessels, which were previously uninspected. It would prescribe standards for safety management systems and third-party auditors and surveyors, along with standards for construction, operation, vessel systems, safety equipment, and recordkeeping. (4/1/11). Note: Once this rulemaking comes into effect, US towing vessels that become subject to inspection would no longer fall under the joint jurisdiction of the Occupational Safety and Health Administration (OSHA). This joint jurisdiction has been a rubbing point within the towing industry for years. OMB review generally takes 2-3 months. Courtesy: Bryant’s Maritime Blog–5 April 2011 The International Institute of Marine Surveying – Australia opens for business The International Institute of Marine Surveying (IIMS) announces the opening of the IIMS Australia Branch effective 1 May 2011. For the first time the IIMS Australian Marine Surveyors will have their own Branch within the Largest Marine Surveying organisation in the World. Marine surveying dates back to the early days of the Lloyds Coffee House in the 15th Century in London, with insurers using mariners to carry out the assessment of the condition of vessels and cargoes. The IIMS was formed in 1991 with just 31 members. Now in its 20th Anniversary year, the IIMS has over 1500 members in 98 countries and is celebrating the formation of its 4th IIMS branch in the world. IIMS President Mr Peter Morgan has charged the IIMS Australian Regional Director Capt Peter Lambert with the task of organising the inaugural meeting and forming the first Branch Committee. Members of the IIMS – Australia are listed on the website at www.iims.org.uk For more information contact the IIMS Head office at +44 (0) 239 238 5223 or Email: [email protected] or visit the IIMS websitewww.iims.org.uk The International Institute of Marine Surveying (IIMS) is an independent, non-political organisation, Led by an elected president the institute is the professional body for marine surveyors worldwide. Salvage Association Establishes Education Committee The American Salvage Association (ASA) announced that it has established an education committee. The committee will promote general maritime industry interest with a focus on marine salvage, and help develop maritime industry expertise through interactive experience with ASA salvage professionals. The goal is to support career development in all maritime disciplines. For non-seafarers, the promotion of math, sciences, engineering, naval architecture, diving, environmental sciences, robotics, marine insurance, maritime law, ocean engineering, accounting, logistics, and other related fields is a focus of the committee. For information about the ASA Education Committee, contact [email protected]. The American Salvage Association is a trade association promoting professionalism and improving marine casualty response in American coastal and inland waters. Website:http://www.americansalvage.org/ Editor’s Note: NAMSGlobal is an Associate member of The American Salvage Association Court – Waterfront Facility Not Liable For Condition Of Federal Anchorage The US District Court for the Eastern District of Pennsylvania ruled that waterfront oil refinery which a tanker was approaching when it struck a previously unknown submerged object is not liable for the cleanup costs and damages associated with the ensuing damage to the tanker or damages incurred by third parties as a result of the oil spill. In the instant case, the tanker Athos I was delivering heavy crude oil to a refinery in Paulsboro, New Jersey on the Delaware River. When the tanker was approximately 900 feet from the refinery dock, in waters of Federal Anchorage No. 9, it struck and was holed by a submerged object, later found to be an abandoned anchor. As a result of the incident, approximately 200,000 barrels of the crude oil was spilled into the river, causing much damage and leading to a very expensive cleanup. The shipowner filed a petition for exoneration from or limitation of liability. The refinery filed a claim for damages and the shipowner filed a counterclaim, asserting that the refinery was liable for the incident based on, among other things, negligence for failing to survey the approaches to the dock. The court found in favor of the refinery, ruling that, as wharfinger, the refinery was only obligated to survey the waters at the berth and at the entrance and exit providing immediate access to the berth. It was not obligated to survey the waters of the federal anchorage area, over which it had no control. In re Petition of Frescati Shipping, No. 08-CV-02898-JF (E.D. Pa., April 12, 2011).Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website http://brymar-consulting.com © Dennis L. Bryant Security Not In The Cards Nearly a decade after landing squarely in terrorism’s crosshairs, seaports are discovering their security measures aren’t as secure as they thought. Members of Congress see serious flaws in the high-tech credentialing system they set up as one of the bulwarks of frontline defense to keep the central transit points for supply chains safe from terror. Some seven years after Congress ordered the Transportation Security Administration to develop the Transportation Worker Identification Credential and four years after their agency began issuing the first of some 1.6 million cards, the Government Accountability Office says its undercover investigators breached port security with counterfeit, fraudently obtained TWIC cards. Perhaps the GAO’s incursion was aided by the fact that, for all the technological ambitions, the TWIC is still a $132.50 photo ID card. Electronic devices to read the card’s embedded data are still in testing. A proposed rule requiring vessels and facilities to deploy readers should be available for public comment by the end of the year. But one expert believes readers won’t be deployed in large numbers until mid-2013. (The Journal of Commerce, 5/23/11.) Courtesy AIMU Weekly Bulletin. Avoid Big Losses When Shipping: Survey, Use Milspec and Outsource In their journey from manufacturer to customer, large pieces of sophisticated machinery often sustain costly damage due to lack of care and attention in packaging and handling. The losses, however, often go beyond the machinery’s value. Business can also suffer significant production shortfalls if their facilities grind to a halt as they wait for replacement machinery. Modern machinery can also be easily damaged. In the past, machines were virtually indestructible, but today’s machinery often contains sophisticated electronic components. Even apparently minor damage can result in a total loss if the original equipment manufacturers are unwilling to grant a warranty. Heavy machinery shippers can take the following steps to reduce handling and transportation problems:
World Sea Levels Could Rise Quickening climate change in the Artic including a thaw of Greenland’s ice could drive world sea levels by up to 1.6 meters (5 ft. 3 in.) by 2100, an international report said. Such a rise – above most past scientific estimates – would add to threats to coasts from Bangladesh to Florida and cities from London to Shanghai. “The past six years(until 2010) have been the warmest period ever recorded in the Arctic,” according to the report by the Oslo-based Arctic Monitoring and Assessment Program (AMAP), which is supported by governments in the Arctic region. “in the future, global sea level is projected to rise by 0.9 meters to 1.6 meters by 2100 and the loss of ice from Arctic glaciers, ice caps, and the Greenland Ice Sheet will make a substantial contribution,” it said. (Insurance Journal, 5/3/11.) Courtesy AIMU Weekly Bulletin. USCG – Potentially Hazardous Conditions In Cargo Pump Rooms The US Coast Guard issued a Marine Inspection Notice (MIN) advising of potentially hazardous conditions in cargo pump rooms aboard crude carriers. On some ships, the Vacuum Assist Stripping System (VASS) vents into collection tanks located in the cargo pump rooms. This may create a hazardous condition if the tanks were stripped with residues remaining in them. Preferably, the VASS should vent to the main deck or a slop tank. USCG marine inspectors and port state control officers should consult with the marine chemist and ship’s crew to confirm the venting arrangement for the VASS collection tanks prior to examining the cargo pump room. Entry into the cargo pump room with a VASS vent should only be made by Coast Guard personnel when a marine chemist certificate has been issued detailing the conditions for which safe entry can be made. MIN 03-11 (5/12/11). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Websitehttp://brymar-consulting.com © Dennis L. Bryant SafeSpace Project Bob Couttie has written in to Maritime Advocate remind all that he has begun a new campaign based on principles of self-help. Readers may recall that Bob Couttie publishes the Maritime Accident Casebook, the scope of which puts mightier organisations with risk management responsibilities to shame. It makes us wonder why one of the P&I Clubs has not offered to support his work in general. Here is the SafeSpace manifesto: SafeSpace is a free project to reduce the unacceptable toll upon seafarers of confined space hazards. It aims to bring together those in the industry with an active and passionate commitment to safety to mount an assault on a phenomenon that costs too many seafarers their lives every year. SafeSpace is not about what the IMO, or any other organisation or company can do or should do, it’s about what we ourselves can do to make change happen. Your task is to commit to doing something, right now. It doesn’t matter how small. Your publishers have offered this project a free group page on the FOB Network to help foster the cause and to stimulate participation. Join the SafeSpace project by sending an email to: [email protected] Courtesy Maritime Advocate Online IMO To Examine Container Weight Declaration The International Marine Organization will look into the issue of wrongly declared container weights, prompted by a proposal from maritime representatives of the Netherlands, Denmark and Australia. The IMO’s Maritime Safety Committee will “address the issue of incorrectly declared containerized cargo shipments and to undertake other measures to improve the safety of container storage and ship operations,” according to a note from the World Shipping Council. The WSC and International Chamber of Shipping in December urged the IMO to establish an international legal requirement that all loaded containers be weighed at origin port facilities before storage aboard vessels for export. “Verification of actual container weight before vessel loading and the availability of the actual container weights for proper and safe storage planning will mark a long overdue and important improvement in industry safety.” The WSC said. (American Shipper, 5/24/11.) Courtesy AIMU Weekly Bulletin. USCG – passenger weight standards The US Coast Guard issued a notice stating that it published Policy Letter 11-03 entitled “Implementation of Revised Passenger Weight Standards for Existing Passenger Vessels“. The policy letter provides guidance on how the Coast Guard will amend Certificates of Inspection prior to a change in the assumed average weight per person standard that will become effective in December 2011. The policy letter is effective immediately. 76 Fed. Reg. 28998 (May 19, 2011). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website http://brymar-consulting.com © Dennis L. Bryant Port Of Miami Proposed Expansion The Port of Miami expects to greatly expand cargo volume and the hinterland it serves as a result of a new channel that will deepen the main shipping channel to 50 feet from 42 feet. On Tuesday, the U.S. Army Corps of Engineers released its work plan for 2011, including $1 million for completion of the final engineering and dredge work for Miami’s 50-foot channel. (American Shipper, 5/9/11.) .) Courtesy AIMU Weekly Bulletin. Useful LinksRoadmap to Successful Submissions: Exemptions, Appeals & Equivalencies A Guide for Owner/Operators of Commercial Vessels provides detailed instructions on how to obtain approval for continued use of existing fire extinguisher systems on towboats.http://jmtxweb.org/Library/CG%20Docs/Vessel%20Inspection/CG_Guide_ExemptionsAppealsEquiv.pdf Courtesy James McCrory, NAMS-CMS [email protected] The Wreck of the Lady Mary The Star-Ledger spent months investigating the sinking of a Cape May-based scallop boat that left six dead and spared just one crew member. This five-chapter series was printed in a 20-page special Sunday Star-Ledger section and will be presented over four days on NJ.com. Read more about how this story was researched. Story by Amy Ellis Nutt. Photos and Video by Andre Malok
Read the transcript of a live chat with ‘The Wreck of the Lady Mary’ authors Amy Nutt, Andre Malok Courtesy Ron Reisner, NAMS-CMS Link to USCG Deep Water Horizon Report What does Approved by Oil Majors Mean? There are few reported English decisions relating to oil major approvals, according to Ted Graham and Philippa Langton, writing in the latest Ince & Co Shipping Law E-Newsletter. Oil majors operate a system of vetting and approvals to ensure that the vessels they use or trade or buy cargoes from are of satisfactory quality. Owners and operators of tankers seek and collect as many written approvals as possible from top name oil majors, which are often required by charterers. Given the importance of such approvals in tanker charterparties for the purposes of trading a tanker profitably, the observations of the Judge in the case of Transpetrol Maritime Services Limited v SJB (Marine Energy) BV (MT Rowan), 2011 (unreported) on the meaning of “approved” as provided for in the charter party are worth noting. Read the full note here:-http://tinyurl.com/oilmajorappro 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]
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