President’s MessageWell, the first months as President have been a whole lot busier than expected. We are having a nice influx of new talent and are working on several new opportunities for NAMSGlobal. I will go into more detail below. One of the platforms for my Presidency is developing new talent – this not only means recruiting high-quality surveyors, but reaching out and developing new paths to CMS. I encourage everyone to consider the Apprentice and Associate Programs as paths to certification. This can be a challenge due to costs, etc., but if you need another set of hands and either cannot find a well-trained, experienced surveyor, consider a less experienced, enthusiastic younger marine talent. I came into the business at age 26 after a 5-year active and 4-year reserve stint in the Navy. My first employers took the chance and helped me to develop and now I am writing this letter. Some of the alternative ways in consideration to become a CMS are Subchapter M (towing vessels), separate Fishing Vessel path and Marine Warranty Surveyor. Our profile in the industry as a quality professional organization with ethics and continuing education requirements is of interest to the broader industry as everyone looks for ways to be sure the surveyors they hire, as contractors are qualified for the roles they perform. The Board and I had a telephonic meeting on April 26, 2012 in accordance with the By Laws. My appreciation is extended to the board members who attended and excellent communication from those not able to attend. The board had a quorum and we discussed three major topics:
Ethics was to review pending issues, all of which I am happy to report were considered work product issues by the board. None met the much higher standard of Ethics. I do want all of us to learn from the mistakes and realize that every time you are in the field on a survey, you are expected to do your best. This is why I believe each and every one of us is a member of an organization like NAMSGlobal. During the discussions on alternative paths to CMS, the board voted to approve the Marine Warranty Surveyor designation. Currently Doug Devoy, Chris Bowman and Greg Gant are working with the Qualifications committee to develop a framework and details around this exciting new venture for NAMSGlobal. Briefly, the Joint Hull Committee at Lloyds is looking for a way to develop a standard definition and requirement to be an MWS. This includes the proper prerequisites, continuing education, ethics, etc. Through Doug, they reached out to NAMSGlobal and we have agreed to develop a program. Stay tuned for more developments. Ed Shearer is also leading a group focused on outlining and developing a framework for the upcoming U. S. Subchapter M inspection protocol for the Towing Industry. He and Dick Frenzel recently attended the Tugs and Barges conference in Stamford, Connecticut (sponsored by Marine Log Magazine) to promote NAMSGlobal to the industry. The initial reactions were excellent and this looks to be a promising new avenue for NAMSGlobal as well. The other piece that I believe needs to be updated and reviewed is the requirement for 350 Surveys. Having come up the commercial ladder many of the surveys I attended took several weeks to complete the field part and months to wrap up the project. This would mean a highly qualified surveyor in that type business could take 10 years or more to get 350 Surveys. On the other hand, a simple barge draft survey could be done in two to three hours – including field time. (I did both by the way) This obviously does not speak to technical experience. I will be working with the Board on proposed changes going forward. The next board meeting will be held in conjunction with the Houston Marine Insurance Seminar. It will be Sunday afternoon, September 16th from 1 to 4 pm at the Liberty International Underwriters offices in Houston. Personal attendance and telephonic participation will be available. All members are welcome to attend the Board Meeting. The boardroom is good for about 20 people, if we require more space; there are alternate venues available. I will be asking for RSVP’s in the future. Holding the meeting in conjunction with the HMIS is an exciting opportunity for NAMSGlobal. There is first of all the seminar availability for 9 to 10 CE credits and secondly, this is one of the largest marine gatherings in the world so is always a great opportunity for networking and client development. The website is www.houstonmarineseminar.com – click on the Early Notice tab for 2012 program & hotel information. The Board and I welcome feedback and my door is always open to your calls, emails or texts. Please be involved. It takes strong, vibrant, grass-roots action to make an organization like NAMSGlobal run. Fair winds and following seas, Editor’s MessageThe news articles and current events you send in make the NAMSGlobal E-News interesting to readers in all disciplines of marine survey: Send new material to [email protected]. Thanks, and best regards to all. NAMS Applicants, New Members, Changes in Status, and Committee Assignments
Crossed The Bar
Upcoming Educational EventsAIMU Online Education There are new additions to AIMU’s online Web Lecture Center, which now offers fourteen webinars. The online Web Lecture Center can be accessed through the AIMU website under the ‘Education’ tab or directly at www.aimuedu.org/default.aspx. Additional recordings will be added continually and will particularly benefit those who prefer viewing the lectures at their convenience. The fee for each webinar is $50 (members) and $75 (non-members). Diploma in Yacht & Small Craft Surveying, Online For the 2011-2012 Diploma In Yacht & Small Craft Surveying brochure, please click here. For further information please contact: Ken Lovegrove. International Distance Learning Representative Email: [email protected]Telephone: +1 250 833 5771 or FREEPHONE +1 800 262 9176 [email protected] SUNY Maritime College Online SUNY Maritime College is offering the online courses listed below. All four courses are offered entirely online. Classes: Typical costs for online classes are $800.00 plus class book. Saving travel, lodging, meals and time away from your business practice. CEU‚s earned the typical 6-week course earns 18 credit hours for continuing education credits. Class schedule for 2012:
To obtain syllabus of the classes contact: Janet Peck, NAMS-CMS, [email protected] To enroll in any of these classes you should contact: Margaret Poppiti Administrative Assistant Department of Professional Education & Training SUNY Maritime College, 6 Pennyfield Avenue, Throggs Neck, NY 10465 www.sunymaritime.edu (718) 409-7341 [email protected] 27 & 28 June 2012, New York, New York – Optimising Your Salvage & Casualty Response Presented by ACI. Delegates will be drawn from salvage, tug and towage companies, legal and insurance companies and ship-owners and ship-managers. Positions will include: Presidents, CEOs, VPs, Technical Directors, Fleet Managers, quality environment and safety managers and DPAs. For Information & Registration contact: Dimitri Pavlyk on +44 (0)20 7981 2503 or click HERE Sponsorship & Commercial Opportunities contact: Jean-Jacques Hermans on +44 (0)20 7981 2505. Speaking Opportunities contact: Neal de Beer on +44 (0)20 7981 2501 or click HERE 30 August 2012, Brisbane, Queensland, Australia Australasian Institute of Marine Surveyors Biennial Conference, Stamford Plaza The Conference is titled ‘Major Port Development – The Gladstone Experience’. For anyone wanting to know more they can e-mail the following: [email protected] or [email protected] 16-18 Sept 2012, Houston Texas – Houston Marine Insurance Seminar For details, go to http://www.houstonmarineseminar.com/program_info.htm 2-4 October, 2012 – IBEX, Louisville, KY The International Boatbuilders Exhibition & Conference. For details, go to www.ibexshow.com. 10 – 13 October 2012 – SAMS Annual Meeting, Baltimore, MD The Society of Accredited Marine Surveyors®, Inc. will hold its 2012 Annual Conference and Educational Training Symposia at the Hyatt Regency Baltimore on the Inner Harbor, 300 Light Street. For further information call the SAMS Office Manager, Rhea Shea, at 800-344-9077 or Email [email protected] For details, go to http://www.marinesurvey.org/events.html 5 – 7 December 2012 – The International Boat Show, New Orleans, Louisiana For complete information, please click the following link: The International Workboat Show. 3 – 5 March 2013 – NAMSGlobal 51st National Marine Conference, San Diego, CA Catamaran Resort Hotel & Spa, 3999 Mission Blvd., San Diego, CA. 92109 NAMSWorthyArticles Of InterestNFPA Upcoming Revisions Public Input proposals requested for upcoming revisions of NFPA 302 Standard for Pleasure and Commercial Watercraft. Most of you I am sure are familiar with NFPA 302 Standard for Pleasure and Commercial Watercraft up to 300 Gross Tons. Earlier this year I was appointed chairman of this committee. I am hoping to see, and welcome more industry collaboration and participation in the boating standards writing process and feel that the Surveyors are an excellent resource. ‘Public Input’ is the key part of this process. Public Input proposals should be well written and concise and be submitted on the proper NFPA Public Input proposal form for consideration. The forms are available on line at the NFPA website by entering ‘Public Input Form’ in the NFPA search bar. I would be happy to answer any questions about the process and your particular interest if you send me an email directly. Ken Weinbrecht is the SAMS representative on the NFPA 302 committee and he will also be available to answer your questions. The public proposal period for changes and/or updates to the next edition of the NFPA 302 standard ends June 22nd, 2012. These proposals will be reviewed by the committee and the results posted on the NFPA website throughout the process. The next edition publishes in 2014. Thank you. John McDevitt Trip In Tow Photographs Larry Montgomery, NAMS-CMS sends great photos of a Trip In Tow Survey of the USS Vessel Iowa he recently completed. To read more on the USS Iowa, follow this link: http://www.dailynews.com/ci_20822905/uss-iowa-moves-its-permanent-resting-place   Containerized Exports Gain Steam Wastepaper exports to China often are a leading indicator of import container volume. A large portion of scrap paper shipments are recycled into packing material for consumer goods for U.S. and European markets. Almost all of the increase came from a 31 percent jump in shipments of the commodity to China, which accounted for two-thirds of U.S. paper and paperboard exports in February. Wastepaper is the top-ranked commodity in U.S. containerized exports. Total shipments to China increased 28 percent to 253,894 TEUs in February, following an 8 percent increase to 227,868 TEUs in January. Exports to India rose 30 percent to 27,966 TEUs. Exports to Russia jumped 82 percent to 13,928 TEUs. Several export commodities showed sharp increases in February. Pet and animal feeds, the second-ranking export commodity, increased 12 percent to 48,227 TEUs. Poultry rose 62 percent to 22,267 TEUs. Frozen fish shipments jumped 157 percent to 10,524 TEUs. Exports of building materials nearly tripled to 13,788 TEUs. Metal scrap was up 28 percent to 13,139 TEUs. Strong export gains also were posted in the Caribbean, with exports to the region up 49 percent to 55,813 TEUs, and the west coast of South America, where shipments rose 16 percent to 35,621 TEUs, boosted by increased U.S. exports of paper and paperboard, PVC resins and auto parts. Exports to the Mediterranean fell 18 percent to 40,841 TEUs. Shipments to Southeast Asia fell 9 percent to 73,973 TEUs. (Journal of Commerce, 4/23/2012) Courtesy AIMU Weekly Bulletin. Container Ship Fleet Grows 10 Percent Capacity aboard the active container ship fleet has grown 10 percent in the past year, running ahead of cargo demand and putting pressure on freight rates and vessel utilization levels in a lackluster peak season, according to Alphaliner. Carriers have boosted capacity on all routes with the secondary line-haul markets in South America and Africa seeing the largest percentage increases, the container market analyst said. The world’s active fleet reached 14.95 million 20-foot equivalent units on April 1, an increase of 1.33 million TEUs over the past year. The recent withdrawal of capacity on the main Far East-Europe and Far East-North America trade lanes has largely resulted in the redeployment of tonnage to secondary routes. As a result, capacity jumped 20 percent on African routes during the past year, 14 percent on the Trans-Atlantic and 13 percent on Latin American trade lanes. The arrival of new vessels onto the trade has increased weekly capacity by 32,000 TEUs to 400,000 TEUs, accounting for a third of the total worldwide increase in capacity in the past 12 months. With cargo demand growing much more slowly, vessel utilization rates have remained weak. (Journal of Commerce, 4/24/2012) Courtesy AIMU Weekly Bulletin. Where is The Recovery Going? Economists may have finally learned CEOs’ first rule of dealing with Wall Street: It’s better to underpromise and overdeliver. For the past two years, forecasters have overpromised, as bullish predictions for 2010 and 2011 fell short. Last year’s hoped-for recovery soon faded in the fallout from Japan’s earthquake, coupled with Washington’s flirtation with defaulting on the national debt. As the recovery finally puts down what appear to be stronger roots, it faces one big force that could strengthen and reinforce it — and an even bigger one that threatens to derail it. Coming down the track from one direction is the bullish force of pent-up demand — especially the potential buying power of households that haven’t been formed since 2008. In the other direction is another Washington-induced showdown: a locomotive of expiring tax cuts and spending reductions set to take effect Dec. 31 that forecasters think could shave 3.5% off the economy next year — in essence, negating all of its 2012 growth. “People don’t realize the U.S. was the only major economy in the world that improved last year,” said Richard Bernstein, head of money manager Richard Bernstein Advisors in New York. (US Today, 4/25/2012) Courtesy AIMU Weekly Bulletin. Black Box Voyage Data Recorders on Ocean-Going Ships Concern has been expressed about a marine casualty expert’s warning that more than half the ‘black box’ voyage data recorders fitted to ocean-going ships are failing to record all the information they are meant to collect. Writing in the North of England P&I Club’s loss prevention newsletter, Clive Reed cautions against the complacency that is being fostered by ‘the mistaken belief that VDR black boxes have recorded everything’. He says the ‘false sense of security’ created by the presence of the equipment on most ships of 3,000 gt and above engaged on international voyages can lead to a failure to collect other vital evidence about accidents. In the incidents we have investigated, less than 50% of black boxes recorded everything they were supposed to,’ he explains. ‘The rest varied from recording nearly all information to complete failure to record anything useful at all.’ In one case, a VDR fitted to a one-month old ship involved in a collision in the South China Sea had recorded no radar or position information, but did record the Italian master saying ‘Oh [expletive]’ in English about six seconds before impact. The VDR showed that the rudder went hard to port just before the collision, although the master and helmsman said it had been put to starboard. Investigations revealed the VDR sensors on the rudder had been installed by a technician who did not know the difference between port and starboard. Mr. Reed said other problems include the connected radar being switched off or on standby, or radar images being on an unsuitable range scale or at a poor resolution. Difficulties in interpreting AIS positions may also create problems, he notes. Sometimes post-accident situations are so chaotic that masters and officers may forget to save the VDR data. ‘This is compounded in many cases where the hard disc has proved to be corrupt and has not saved any data, even though the correct procedure had been followed onboard,’ he adds. Masters and officers need to be fully aware of which equipment is connected to the black box on their ship and how best to use it to preserve as much evidence as possible, Mr. Reed argues. Procedures onboard individual ships should be amended to ensure the bridge team is more conscious of the idiosyncrasies of their VDR and the way it records data. Nautilus senior national secretary Allan Graveson said he was disturbed by the evidence of VDR problems and added: ‘Regrettably this is typical of an industry that does not take safety seriously. Action needs to be taken by regulatory authorities to ensure correct fit and ease of post incident data saving.’ Courtesy FLASHLIGHT, a free monthly e-newsletter circulated to more than 5,000 people involved in marine surveying around the world. It is circulated to anybody who wishes to receive a copy. It is a collation of articles relevant to our profession taken from various publications together with contributions from readers. Letters, opinions and articles relating to our profession are welcomed for the newsletter. [email protected] In the Wake of The Titanic: An Unsinkable Law James Mercante of the firm of Rubin, Fiorella & Friedman has written a piece for the New York Law Journal, which describes the lasting memorial left on US Admiralty Law by the tragedy. At the time the limitation of liability permissible was even lower than the one applicable under English law. He concludes:- There was public outcry over the meager liability limits available to shipowners in the United States based on post-casualty value of a vessel’s remains, particularly in major tragedies such as The Titanic and the 1934 M.V. Morro Castle casualty. 14 As a result, amendments to the law adopted a ‘tonnage’ based limitation fund similar to England in loss of life and bodily injury cases to $60 per ton of the vessel in 1935 and in 1984 to $420 per ton. 46 U.S.C. App. §30506(b). The Second Circuit has since indicated that The Titanic decision remains good law, and it is often cited in many jurisdictions and treatises. On this 100th anniversary of a sea tragedy, we also mark the commissioning of a notable U.S. law, which in instances such as this, reaches extraterritorially to apply to all shipowners, foreign and domestic. It is also noteworthy that no matter what happens, or how much time elapses, the only ‘unsinkable’ part of Titanic lore is the 1914 U.S. Supreme Court law; now referred to simply as The Titanic…still seaworthy after all these years! Due to the vagaries of corporate firewalls, we cannot attach his article in full. Readers can find the item in full under the News Section of the FOB website. Go to the item and click on the blue file link: http://:www.fobnetworking.com Petrospot Marine Surveying Conference Was Held , 23 & 24 April 2012 Twenty delegates from all over South East Asia and Australia attended the first of a series of seminars at the Traders Hotel, Singapore. Entitled Report Writing for Marine Surveyors, the event was led by Mike Wall, author of the best-selling book by the same title. Proclaimed a great success, with all delegates participating in the discussions, Petrospot is now planning more marine surveying courses in Singapore (15-16 October) and Dubai (5-6 November). Those interested in attending or receiving details of the courses should email: [email protected]. Courtesy FLASHLIGHT Marine Insurance Warranties and their Attenuation Law Graduate Quintin Rares ,writing in the May edition of the Piper Alderman Trade and Transport News reports on the increasing tendency of courts in many jurisdictions to force insurers to pay marine claims, even where warranties have been breached. Marine insurers often ask their insureds to warrant certain things are true before issuing a policy. For example, the insured may warrant that the ship will be in survey throughout the policy. If the ship is then taken by pirates, the insurer may then deny indemnity due to the breached warranty, even though the (survey) warranty had nothing to do with the cause of the loss. This system has been in place for hundreds of years. For example, in Kenyon v Berthon [1779], a ship was warranted as “in Port 20th July, 1776”. If fact she sailed 2 days earlier. Lord Mansfield stated that “though the difference of two days may not make any material difference in the risk, yet as the condition has not been complied with, the underwriter is not liable.” This legal position has been codified in section 39 of the Marine Insurance Act 1909, which states “A warranty… is a condition which must be exactly complied with, whether it be material to the risk or not. If it be not so complied with, then, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of warranty, but without prejudice to any liability incurred by him or her before that date.” On first glance, this section seems very precise and harsh, yet recently, judiciaries around the common law world have attempted to water down its efforts. In short, there are four main methods by which judges have softened the effect of the section. Read about the four main methods here:- 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] Man Convicted for Obstruction of Justice & False Statements for Certifying Ships Safe for Sea The Maritime Executive reports that a federal jury in Miami convicted a Miami-based ship surveyor for lying to the Coast Guard and for falsely certifying the safety of ships at sea. Alejandro Gonzalez, 60, of Miami-Dade County was convicted by a federal jury in Miami of three counts of making false statements to the U.S. Coast Guard and one count of obstruction of an agency proceeding. The defendant faces a maximum statutory penalty of five years in prison on each count. The jury found Gonzalez guilty of lying to U.S. Coast Guard inspectors and a criminal investigator during an interview in April 2009 about the dry-docking of the M/V CALA GALDANA, a 68 mt cargo vessel, in San Juan, Puerto Rico. Gonzalez repeatedly claimed the vessel was dry-docked in Cartagena, Colombia, in March 2006, while evidence at the trial proved conclusively that the vessel was never in Colombia during 2006. Gonzalez was also convicted of falsifying documents in December 2009 for the M/V COSETTE, a 92 mt cargo vessel. As the surveyor on behalf of Bolivia, Gonzalez certified the ship as safe for sea while the vessel was docked in Fort Pierce in November 2009. When the vessel shortly thereafter arrived in New York City harbor, U.S. Coast Guard inspectors discovered exhaust and fuel pouring into the ship’s engine room, endangering the crew and the ship. For his action, Gonzalez was convicted of making a false statement and obstructing a U.S. Coast Guard Port State Control examination. The full article from the Maritime Executive can be seen here: http://www.maritime-executive.com/article/man-convicted-for-obstruction-of-justice-false-statements-for-certifying-ships-safe-for-sea. If you are interested in contacting Ms Valdez, you may do so at [email protected]. Courtesy Miami Shipping Law ABS Connect Launched To a Press Conference did the Avo and H.Hill go to see ABS Chief Technology Officer Todd Grove introduce the company’s new mobile interface for its website. Although we receive many publications from this highly competent and technical industry, the accent is very much on paper and pdf publications. ABS have decided to make a move into pastures new with the launch of the ABS Bookshelf application. Currently available for download (at no charge) from Apple’s App Store™, ABS Bookshelf is a mobile library of ABS’ extensive publications, including the more than 100 Rules and Guides available electronically and used in the design, construction and maintenance of vessels and offshore structures to ABS classification. The organisation says “the ABS Bookshelf app provides designers, builders, owners, managers and operators the ability to take ABS’ Rules and Guides anywhere in the world on their iPad or iPhone, “The functionality of the app allows users to easily search and annotate key pieces of information that previously required internet access or large volumes of printed documents – all within a dedicated app designed to organize a user’s ABS documents.” The mobile version of the ABS website also allows for the downloading of ABS publications, including the Rules and Guides, onto any mobile device including Blackberries and Androids. The mobile website streamlines clients’ access to key areas of the website including the hub of ABS classification services – My Eagle. The new ABS mobile website and ABS Bookshelf app will soon be joined by ABS Survey Manager and ABS Directory apps, prototypes of which were presented at the press conference. The ABS Survey Manager app allows owners and managers a secure means to search real-time class and survey information on their ABS-classed fleet and then store it on their device. The ABS Directory provides contact details for ABS offices around the world through a direct search or GPS location functionality. Both apps will be available this summer. [We can well imagine that ABS has stolen a march on the other players in this industry. What will they do? They will probably all follow suit. By Christmas some of them will probably be announcing something similar. By next spring one or two P&I Clubs, a hull insurer and flag state or two will announce how they are entering into the new era. 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] Costa Concordia Claims May Reach $1B Concordia claims may reach $1 billion says Moodys. For more information, please see the Bloomberg news article. USCG – Towing Vessel Bridging Program The US Coast Guard issued a news release stating that it will commence Phase Two of the Towing Vessel Bridging Program on July 1, conducting prioritized examinations aboard towing vessels that have not undergone voluntary examination during Phase One. To date, approximately 75% of the towing vessels in the Eighth Coast Guard District have participated in the program. (5/8/12). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website http://brymar-consulting.com © Dennis L. Bryant World’s Largest Online Database for Cargo Transportation goes Live Word reaches us, via the fellows at BMT De Beer in Holland, of a notable event in the world of cargo with the launching of CargoHandbook.com, which is described as the world’s largest online database for cargo transportation in the marine industry. As a rich source of knowledge, BMT De Beer aims to provide and share information on cargo transportation with the wider market and therefore help to reduce the number of cargo incidents and claims that occur. Jeroen De Haas, Managing Director at BMT De Beer explains: “While every mode of transport has its own challenges and limitations, it is particularly during marine transportation that cargoes are often exposed to extreme conditions such as the forces caused by a rolling vessel or the constantly changing atmosphere. A strong understanding of cargoes and their specific transportation requirements is the key to ensuring the cargo arrives at its destination undamaged. This subscription free, online platform will provide quick and easy access to information that isn’t readily available to the market today.” The development of CargoHandbook includes a number of industry partners such as the Container Owners Association and GDV Transport Information Services. As well as a basic description and photograph of the cargo product, people can access information on the shipment/storage requirements including optimum temperature/humidity and moisture and the risk factors associated with the particular product. [Kudos to all concerneded] http://www.cargohandbook.com 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] Useful LinksDigital Cargo Handbook A newly launched Website, http://CargoHandbook.com, provides transportation details related to more than 750 commodities. The Website also offers definitions and restrictions related to the products, with the goal of reducing cargo-related incidents and claims. The website is managed by BMT de Beer, an independent marine survey company. (American Shipper, 4/16/2012) Courtesy AIMU Weekly Bulletin. Several articles are of special interest to marine surveyors What Boat Captains and Marine Surveyors Should Know About Oil Analysis Nautical Humor (Some of these are as old as the hills) http://www.uss-bennington.org/hu-fitnessreport.html http://www.uss-bennington.org/hu-divert15.html http://www.uss-bennington.org/hu-lateback.html http://www.uss-bennington.org/humor.html New Poem Feature, thanks to Ted Crosby, NAMS-CMS Shipmates Greasy and I were shipmates, By James A. Quinby
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