President’s MessageGREETINGS ALL, As I said in our previous Office Message to members, what a great Vancouver, B.C. Conference organized by Chris Small. Our next important undertaking is the upcoming election for National Officers. We have previously listed the candidates submitted by the Nominating Committee. They are Steven P. Weiss, NAMS-CMS, for National President and Gregon Gant, NAMS-CMS, for National Vice-President. We have also received a candidate petition from Mr. James T. McCrory, NAMS-CMS, for the office of National Vice-President. Mr. McCrory’s name is added to the ballot for National Vice-President. Therefore the ballot, which will be distributed prior to 1 November 2011, will list one candidate for National President and two candidates for National Vice-President. Each candidate may submit a written candidate statement which will be distributed electronically prior to mailing the ballot so members will have an opportunity to review them before casting their ballot. I urge every member to consider these candidates and cast your ballot in the upcoming election. Other than that I hope everyone is planning to meet with all your fellow members in beautiful Panama City Florida March 4 – 6, 2012, 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 SOON!! Regards, Dick Frenzel, NAMS-CMS President. Vancouver Conference PhotographThe photograph below is from the Vancouver conference. From left to right, Tommy Laing, Ian Coffer, and Desmond Connolly, all past National Presidents of NAMS.  Editor’s MessageIn order to continue the success of NAMSGlobal eNews, we want to expand our list of recipients. When you are discussing the world of marine survey with a client, a fellow non-denominational surveyor or someone who is interested in marine insurance or any related topic, mention the NAMSGlobal eNews and let them know is free for the asking. They can log on to the NAMS website and click on the “Join eMail List” button or send an email to NAMSGlobal headquarters [[email protected]] and ask to be added to the list. Best [and quickest] is to subscribe on the website. Also, the news articles and current events you send in make the NAMSGlobal eNews interesting to readers in all disciplines of marine survey: [email protected] Best regards to all: Greg Weeter, Editor National Office MessageThe 2012 Membership dues invoices will be distributed in October, in order to be received by our Guidelines deadline date, 1 November 2011. Guidelines: Payment of Dues: Each years dues are to be paid in full by 1 January and shall be considered delinquent if not paid in full by 31 March, or alternate payment arrangements made. Alternate Payment of Dues: A Member may make arrangements to remit their annual dues in three equal installments. Each installment is due not later than 31 January 2012, 28 February 2012, and 31 March 2012. Please remember that your 2012 dues (and final payments if you’re on the payment plan) must be received by 31 March 2012 to avoid the 25% surcharge and ensure your listing in the printed directory. NAMS accepts MasterCard and Visa. NAMS Applicants, New Members, Changes in Status, and Committee Assignments
New Members Elected 11 September 2011
ABYC 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. Inspection of Towing Vessels – Coast Guard DHS, Notice of Public Meetings; Request for Comment Summary: The Coast Guard announces a series of public meetings to receive comments on a notice of proposed rulemaking (NPRM) entitled “Inspection of Towing Vessels”) that was published in the Federal Register on August 11, 2011. As stated in that document, the regulations proposed in the NPRM would establish safety regulations governing the inspection, standards, and safety management system of towing vessels. The proposal includes provisions covering: Specific electrical and machinery requirements for new and existing towing vessels, the use and approval of third-party auditors and surveyors, and procedures for obtaining Certificates of Inspection. Without making a specific proposal in the NPRM regarding the potential requirements for hours of service or crew endurance management for mariners aboard towing vessels, the Coast Guard also welcomes comments on these two important issues, which are discussed in the NPRM. Dates: Public meeting will be held on several dates in October and November 2011 to provide an opportunity for oral comments: the first date is October 18, 2011, in Newport News, VA, from 9 a.m. until 5 p.m. The other dates may be viewed by clicking here. For further information of if you have questions concerning the meeting or the proposed rule, please call or email Michael Harmon, Project Manager, CGHQ-1210, Coast Guard, telephone 202-372-1427, email: [email protected]. If you have questions on viewing or submitting material to the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. (Federal Register, Vol. 76, No. 175, 9/9/2011.) 27 – 28 October 2011 N England Region Meeting, Lincoln, RI Information on this event is posted on the NAMS Website on the Events Page. 5 November 2011 – NAMS S. Atlantic Region Meeting, Port Canaveral, FL More information on topics and CE Credits as they become available. Check on the Events Page on the NAMS Websitefrom time to time. 30 November to 3 December 2011 SAMS® Gulf Region Winter Meeting, New Orleans, Louisiana Meeting & Educational Seminar Friday and Saturday – December 2 and 3, 2011 at Hotel Provincial, 1024 Chartres Street, New Orleans, Louisiana (6 Education Credits each day). There will also be a two-day USPAP Course Wednesday and Thursday – November 30 and December 1, 2011 (15 Education Credits). Click here for a Meeting Agenda (PDF). Click here for a Registration Form For More Information Contact Kristoffer A. Diel, AMS®, Society of Accredited Marine Surveyors (SAMS®) Gulf Region Director [email protected], Mobile 504.236.8151 January 2012 – Singapore Courses have been produced in response to the overwhelming success of Report Writing for Marine Surveyors, published this year by Petrospot. Its author, the highly experienced surveyor, consultant and lecturer, Mike Wall, will direct the courses. Course One: Report Writing for Marine Surveyors, Monday 9 January 2012 (full day 0900-1700, including lunch, refreshments and documentation) The Report Writing for Marine Surveyors course should be of particular value to new entrants to the industry for whom writing detailed, accurate and concise survey reports is an essential job requirement. The advice, guidelines and practical examples covered in this one-day course will help all surveyors, new or experienced, better understand the importance of effective evidence gathering and the report writing process. The course will explain the essentials of good report writing and explain how to prepare reports in a format that the students will be able to follow logically. Course Two: The Practical Application of Marine Surveyor Expertise Tuesday 10 January 2012 (full day 0900-1700, including lunch, refreshments and documentation) The Practical Application of Marine Surveyor Expertise course covers four key areas of activity that every surveyor at some point in his or her career is almost certain to encounter. Divided into four 90-minute sessions, the first covers the marine surveyor’s role in maritime fraud and claims; the second explores preparing expert witness reports; the third focuses on preparing P&I Club condition surveys; and the fourth examines pre-purchase condition surveys. Course Three: Technical Report Writing for Mariners, Wednesday 11 January 2012 (half day, 0900-1300, including lunch, refreshments and documentation). The half-day Technical Report Writing for Mariners course looks more closely at the specialist reports that mariners are often required to write. It will break down the various elements of a report into manageable parts in order to help them to organise their thoughts and produce professional standard reports. The course will use practical examples and share with students some of the editorial ‘tricks of the trade’ that can help turn a standard report into a highly-polished piece of writing that conveys everything that is of importance. For more information please visit our Petrospot Asia 2012 website: www.petrospot.com/asia2012 or alternatively contact: Nicholas Leader orMatthew Conisbee Email: [email protected] or Tel +44 1295 814 455 STOP PRESS…Can’t make it to these courses but still need to boost your knowledge and understanding of Marine Surveying? Order your copy of Report Writing for Marine Surveyors today and also learn more about other specialist titles from Petrospot publications atwww.petrospot.com/books 14 & 15 February 2012, Knox Marine’s Annual Yacht Claims Conference, Ft Lauderdale, FL Knox Marine Consultants is proud to announce that their 19th Annual Yacht Claims Conference will be held at Roscioli Yachting Center in Fort Lauderdale, Florida. This will be the first time the event has been held in south Florida. Cost is $470 for the two-day event. Discounts are available for groups of four or more. On line registration is now available at www.knoxmarine.com. According to Steve Knox, President of Knox Marine Consultants, this annual program was developed for marine surveyors, insurance adjusters, claims handlers and underwriters, attorneys, repairers, and others who deal in the investigation and adjustment of pleasure boat losses. This is the only national conference devoted exclusively to yacht claims, and is a long established networking event for marine surveyors and insurance professionals. Visit Knox Marine’s web site for the latest in conference news – www.knoxmarine.com. The session topics change each year. You may register at the web site. For more information, contact Steve Knox at 804.222.5627 or [email protected]. The Society of Accredited Marine Surveyors (SAMS) and the National Association of Marine Surveyors (NAMS) have traditionally awarded 12 CEU’s for the conference. Knox Marine chose these dates so that attendees could stay over and attend opening day at the Miami Boat Show on February 16. Knox Marine has arranged discounted room rates at two nearby hotels. The rates run through Friday February 17 so that attendees can stay over and attend opening day. The shipyard and hotels are a short cab or shuttle ride from the Ft. Lauderdale airport (FLL). 4 – 6 March 2012, NAMSGlobal 50th Anniversary National Marine Conference, Panama City Beach, FL Wyndham Bay Point Resort, 4114 Jan Cooley Drive, Panama City Beach, Florida 32408 Conference room rate: $120.00, plus taxes 11.5% Direct reservations: 850.236.6000 or Central reservations: 866.269.9165 As more information is available, it will be posted on the NAMS Website. NAMSWorthy 9th Circuit Court – Cruise Line Duty To Warn Passengers Not Unlimited The US Court of Appeals for the Ninth Circuit ruled that a cruise line has no duty to warn passengers of potentially dangerous conditions ashore where the cruise line had neither actual nor constructive notice of the dangerous condition. In the instant case, plaintiff passenger was injured while bathing in waters of the Pacific Ocean at Lover’s Beach while the cruise ship called at Cabo San Lucas. He sued the cruise line for negligence for failure to warn him that the waters at the beach were dangerous. No admissible evidence was introduced at trial to show that dangerous at Lover’s Beach were actually known to the cruise line or that dangers there were so notorious that the cruise line should have known of them. Samuels v. Holland American Line, No. 10-35933 (9th Cir., September 2, 2011). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website http://brymar-consulting.com © Dennis L. Bryant Coast Guard Issues Safety Alert on VHF Radios with DSC DATE: September 14, 2011 Source: The Log (California) LINK: http://goo.gl/kTGdA Washington, D.C. (Log News Service) — The Coast Guard reports that it cannot effectively respond to a majority of the distress alerts received by its new Rescue 21 marine radio system from digital selective calling (DSC) equipped VHF marine radios, because they do not contain position information or a registered identity. Ship Operating Costs Rising The costs of operating ships are increasing this year after a relatively static 2010 as operators face higher commodity prices and soaring premiums for piracy insurance, according to a new report by Drewry Shipping Consultants. The report, “Ship Operating Costs 2011/12,” estimates overall operating costs are rising at a rate of 4 percent to 6 percent this year, depending on the vessel type. The increase in commodity prices is pushing up ship lube, repair and maintenance costs. Ship-owners are also paying much higher premiums to cover the risk of vessel hijacking. Sharply high oil prices are driving up lubricating oil prices. Manning costs, which have remained low across the globe because of low market demand, are also rising, as the delivery of big new ships raise demand for experienced seamen. The report covers eight vessel sectors, more than 35 different sizes of vessel and operating budgets for a range of vessel types. (The Journal of Commerce, 8/17/2011.) Courtesy AIMU Weekly Bulletin. No-Cure/No-Pay Marine Salvage Contract Final Arbitration Award H.R.M., Inc. d/b/a Safe Sea, Petitioner and S/V Ilene, and The Travelers Insurance Company, Respondents. INTRODUCTION: The disputes in the arbitration arise under a No-Cure/No-Pay Marine Salvage Contract on the Rhode Island Standard Form, dated August 23, 2010 and entered into by Roger Karlebach, Owner/Captain of the Sailing Vessel Ileneand Captain Philippe LeBlanc, Captain/Salvage Master on behalf H.R.M. Inc. for the salvage/towing of the Ileneat a location near Point Judith, Rhode Island on August 23, 2010. BACKGROUND: On the evening of August 23, 2010 the Sailing Vessel ILENE on its passage from City Island, Bronx, New York to Newport, Rhode Island, diverted to the protected area known as Point Judith Pond, to wait-out the stormy weather conditions then prevailing outside on the Long Island Sound. Slow sail/motoring through the channel, the Ilenedrifted out of the marked channel, touched bottom and grounded somewhere just north-east of the No. 7 buoy with the tide running out. Initial evasive maneuvering proved unsuccessful. Around 2300 hours a salvage towboat, owned by H.R.M. appeared on the scene and, following some protracted negotiations about what to do about the yacht’s precarious situation, a salvage contract was signed and the boat was towed off the sandbank and moored to a nearby marina. The Owner’s insurance company later paid H.R.M. a negotiated interim salvage fee of $27,840.00. However, as more detailed information of the rescue efforts that night evolved and because the salvor, insisting that it had been underpaid for its efforts and demanded a substantially higher reward based on a percentage of the post-casualty value of the yacht and, because the insurance company, disputing those arguments and realizing it likely had overpaid the salvor, the parties then proceeded to arbitration. CONTENTIONS: The parties’ differing contentions here result from their respective and vastly different interpretations of the prevailing weather conditions that night and the seriousness of the stranding situation at hand and the extent of the rescue efforts. Having thoroughly evaluated the evidence submitted, the numerous Affidavits, Declarations and Statements made by the participants in the events of the night of August 23, 2010 on both sides, we (the Arbitrators) unanimously find that a) a salvage contract was executed; b) the “salvage” efforts rendered by H.R.M. — Safe/Sea were at best of low level; c) the factual circumstances of the rescue events, as described by H.R.M — Safe/Sea, were more akin to a towage rather than to a salvage operation, especially when taking the actual location into account. AWARD: In accordance with our conclusions above we find H.R.M. shall be entitled to a salvage award of 5% of the post-casualty value of the ILENE, said to be $232,000.00 or $11.600.00. Inasmuch as Traveler already paid H.R.M. an interim settlement of $27,840.00, Traveler shall be entitled to a reimbursement of $16,240.00. We find each party responsible for its attorney fees. (Rubin, Fiorella, Friedman LLP on Behalf of Travelers Insurance Co.) Courtesy AIMU Weekly Bulletin. Seafarers ‘Died in Minutes’ In Log Carrier Cargo Hold Transport safety officials in New Zealand have called for further action to raise awareness of the risks of oxygen depletion in enclosed spaces, following the death of two seafarers last year. The men died in a cargo hold onboard the Panamanian-flagged log carrier TPC Wellington while the ship was loading logs in Port Marsden, Northland, and a report by the New Zealand Transport Accident Investigation Commission (TAIC) says they would have probably lost consciousness within as little as three seconds. The accident happened when the chief officer passed out and fell from a ladder while entering the hold, which was full of logs that had been loaded at a previous port. A crewmember who went to rescue him also died after losing consciousness and falling from the ladder. The TAIC said the two men had been overcome by the combined effects of an oxygen-depleted atmosphere and the likely presence of toxic gases, both consequences of the organic decomposition of the logs in the closed cargo hold. With oxygen levels of between 1% and 3%, the men would have died within five minutes. ‘The dangers of the organic decomposition of logs and other organic cargos in enclosed spaces are well known in the international maritime community, and were documented on board the TPC Wellington, but in spite of this the high risk this posed to the crew had not been identified, no specific training had been given to the crew members to heighten their awareness of the risk, and no emergency drills had been conducted in recent times for rescue from enclosed spaces,’ the report notes. Investigators could not determine why the experienced chief officer had entered the hold, nor could they establish what training the other crewmember had received in entering enclosed spaces. The report also criticises the rescue response, pointing out that it took more than 15 minutes to recover the men from the hold and attempt resuscitation. The TAIC noted the ‘disproportionately high number of deaths attributable to entry into enclosed spaces’ around the world, but did not identify any new ‘meaningful recommendations’. However, it added, the report would be sent to the IMO with a request for the findings to be noted ‘for any future programmes to improve awareness of the dangers associated with entry into enclosed spaces’ 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] Editor’s note: As a marine surveyor who enters Confined Spaces on barges, towboats and dredges regularly for survey purposes, I want remind our readers of the very real danger we face. We read from time to time of longshoremen and crewmembers who perish in situations such as is described in the above article. If you do Confined Space Entry, do you own a Personal Gas Detector? Do you know how to use it? Do you calibrate it often? Obtain Shipyard Competent Person training, it will make you more aware. I encountered hazardous atmosphere in a dry box container, of all places! The box was loaded with popcorn, it landed in a lake due to derailment. At the damage survey I entered to assess the extent of damage, never considering the effect of decomposition on the now wet popcorn, which depleted the oxygen level. Be careful out there! Here in the U. S., the Occupational Safety and Health Administration has strict rules on Confined Space Entry. Refer to this link for more info:http://www.osha.gov/SLTC/confinedspaces/index.html Link to Editorial on Regulation of Vessel Discharges: http://www.marinelink.com/news/regulation-discharges340486.aspx
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