Nome is Waiting On Jones Act Waiver

I am finding myself getting "sucked in" to another political article. I find it unavoidable this time. I apologize to all of the people on the Left and Right that I may offend.

Several weeks ago, the Congress and the Senate unanimously passed the America's Cup Act of 2011 in order to allow the America's Cup World Series (ACWS) Event to take place in San Diego. (See our blog entry from 06 November 2011) from The noteworthy aspect of this was that Congress provided, essentially, a Jones Act Waiver to host the ACWS event in under 10 days. Nome has been trying to solve their Winter/Spring fuel problem for over a month now.

I find it interesting that our elected congressional officials were the "only ones" who could preserve the America's Cup event enabling jobs, an economic boost for San Diego and San Francisco. They did this in 10 days, yet a small town in Alaska can wait for a month to find out if they will freeze in February. I see that congress is very concerned with the welfare of all Americans. 10 days to pass a waiver that will create nearly 8000 jobs is impressive until you contrast it with the heating fuel and gasoline that will keep 5000 people warm during the coldest part of the year.

The point of this being, the America's Cup Act was completely and entirely one politician's PR stunt to put a feather in her cap for her (and her party's) re-election hopes. It was unnecessary, because the America's Cup Authority could have gotten the Jones Act Exemption the same way Nome, Alaska is getting it. Now, for every expedited exemption to the Jones Act gets to be run through Congress, which will continue to punch holes in a law that has been around since 1925.

For now, Nome, Alaska's well being (financial and otherwise), according to congress' inaction has been told its citizens are not as important as San Diego's.


The following is an Broadcast from Alaska Public Radio:

By Ben Matheson, KNOM - Nome | December 29, 2011 - 5:51 pm

Vitus Marine, the company contracted to help get fuel delivered to Nome, is hoping to hear back Friday on the status of the Jones Act waiver for the Russian tanker Renda. The waiver is necessary for the tanker to be able to load gasoline in Dutch Harbor. Mark Smith, CEO of Vitus Marine says the Defense Department and Maritime Administration have weighed in to Customs and Border Protection, who ultimately makes the decision. The waiver claims that Nome’s fuel is of indirect significance to national security. Alaska’s congressional delegation has sent a letter urging the government to approve the waiver.
Meanwhile, the tanker is headed towards port. Smith says the Renda was 340 miles southwest of Attu this morning. It’s expected to be in Dutch Harbor by the afternoon of Jan. 2.
Several question remain on the final routing and offloading of the fuel, but the regulatory pieces are starting to come together. On Tuesday, Vitus submitted its delivery plans to be approved by the state, filing an amendment to its oil discharge prevention and contingency plan to incorporate the cold weather considerations. The vessel support plan is unique as ice-capable tugs and spare barges will not be on hand – instead the Healy will assist, and land based tanks will provide space in the case of an emergency. The Renda itself is ice capable, but the state Department of Environmental Conservation is requiring the Healy’s participation.
The plan calls for the staging of skimmers, thousands of feet of boom, pumps, sorbent pads, tank trucks, and a bobcat. Vitus has contracted with the Chadux corporation to have spill response equipment on hand. There will be a spare 610,000 gallon tank available for emergency use even after the fuel is transferred.
John Kotula is the Manager of the Marine Vessels section for the Department of Environmental Conservation. He says the agency now is making sure that the plans and resources will be ready.
Additional logistics plans are in place for lighting and monitoring the transfer hose if it goes across the ice. The Renda will have extra environmental protection on board, plus three extra officers for a crew of 21. The document says Crowley has agreed to lend equipment in Nome should it be needed. And in addition to the Healy, the plan calls for the Coast Guard to supply a helicopter on shore, with C-130 support overhead, plus specialty personnel. Kotula says the state is in communication with private industry and government groups to make sure the pieces come together in the plan.
Vitus CEO Mark Smith says he’s confident in the plan. He says it’s based in part on what happens on the North Slope on a regular basis. The oil spill response plan is out for public review until Jan. 3.

Nation’s Third Littoral Combat Ship Successfully Completes Builder’s Trials

MARINETTE, Wisc., October 24th, 2011 — A Lockheed Martin [NYSE: LMT]-led industry team completed Builder’s Sea Trials for Fort Worth, the nation’s third littoral combat ship.

The trials – a coordinated effort between the U.S. Navy and the Lockheed Martin team including Marinette Marine Corporation (MMC) – were conducted in the waters of Green Bay and Lake Michigan. They included operational testing of the vessel’s propulsion, communications, navigation and mission systems, as well as all support systems.

“Successful completion of Builder’s Sea Trials means we are on track for the Navy’s Acceptance Trials, putting us a big step closer to getting the Navy the ships it needs,” said Joe North, vice president of littoral ship systems for Lockheed Martin’s Mission Systems and Sensors business. “We support the Navy’s effort to grow their fleet affordably and effectively.”

The rigorous trial period included maneuverability tests; high-speed runs; power and navigation system checks; rescue boat launch and recovery; and tracking exercises, as well as other ship and system evaluations.

Following the successful completion of Builder’s Sea Trials, Fort Worth returned to MMC to prepare for Acceptance Trials. LCS 3 will be delivered to the Navy next year and its home port will be San Diego, Calif.

Fort Worth, the second Freedom variant ship in the LCS program, was christened in December 2010. It is more than 96 percent complete and remains on cost and on schedule. LCS 3 is being constructed with 30 percent fewer production hours as a result of lessons learned from designing and building LCS 1, USS Freedom.

The team began construction on LCS 5, the future USS Milwaukee, in August.

Headquartered in Bethesda, Md., Lockheed Martin is a global security company that employs about 126,000 people worldwide and is principally engaged in the research, design, development, manufacture, integration and sustainment of advanced technology systems, products and services. The Corporation’s 2010 sales from continuing operations were $45.8 billion.

Pacific Drilling Raises $46 Million in IPO

LUXEMBOURG--(BUSINESS WIRE)-- Pacific Drilling S.A. (NYSE:PACD - News) (NOTC:PDSA) (“Pacific Drilling” or the “Company”) announced that yesterday it closed its previously announced initial public offering of shares of common stock at a price of $8.25 per share. Pacific Drilling sold a total of 6,000,000 shares, resulting in net proceeds of approximately $46 million after deducting underwriting discounts and commissions. The underwriters have been granted a 30-day over-allotment option to purchase up to an additional 900,000 common shares.
Morgan Stanley and Deutsche Bank Securities acted as joint book-running managers for the offering. DnB NOR Markets, Howard Weil Incorporated, Pareto Securities AS and Simmons & Company International acted as co-managers.
This offering was made solely by means of a prospectus, copies of which may be obtained by contacting: Morgan Stanley & Co. LLC, Attention: Prospectus Department, 180 Varick Street, New York, NY 10014, telephone 1-866-718-1649 or by emailing prospectus@morganstanley.com or Deutsche Bank Securities Inc., Prospectus Department, Harborside Financial Center, 100 Plaza One, Jersey City, NJ 07311-3988, telephone 1-800-503-4611 or by emailing prospectus.cpdg@db.com.
A registration statement relating to this offering was declared effective by the Securities and Exchange Commission (“SEC”) on November 10, 2011. This press release shall not constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of these securities in any state or jurisdiction in which such an offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction.
About Pacific Drilling
Pacific Drilling is an international ultra-deepwater offshore drilling company. Pacific Drilling’s fleet consists of six ultra-deepwater drillships. The Company currently operates three recently delivered drillships, expects delivery of its fourth drillship by end of 2011, and has two additional drillships on order at Samsung to be delivered in 2013.

Contact:

Pacific Drilling S.A.
Amy Roddy, Director, Investor Relations, 1-832-255-0502
Investor@pacificdrilling.com

Mobile Content and Your Boat

Earlier this year I received an Android phone as a birthday gift. Of course the first thing you do when you get a smart phone is go searching for the best Apps available. There are Apps that do useful things like track your bank accounts, and there are Apps that do useless mind-numbing things like blowing bubbles.

Eventually, once I began to comprehend how my phone works, I started looking for Boating related applications. There are actually more than I thought there would be. There are Navigational applications (my favorite is still from Navionics), tidal information, weather data, and quite a few others.

I’ve even read a couple articles about applications that control various functions of the boat itself. This is where I become a bit leery of the how fast things are advancing. The fact is that paper charts have not been completely replaced , yet people are willing to allow their phone to control things like auto-pilots and power distribution panels.

The National Marine Electronics Association(NMEA)  has made incredible progress in getting a protocol established that enables most marine electronics to interface. While the people at Apple, Google and Microsoft are all very bright – I'm not certain that any thought has been given to whether any of these programmers have even been on a boat, let alone piloted one.

The London P&I Club, one of the world’s leading mutual marine liability insurers, published in their StopLoss Bulletin that, “Onboard communication has improved significantly over the last few years, with technological advances enabling crew to use mobile phones and laptops to stay in contact with family and friends ashore. However, the use of such equipment at inappropriate moments may distract crew from the navigation or operation of the ship.

“Another issue is the risk of being exposed to excessive information and simply being unable to process it all. Bridge equipment is increasingly sophisticated and it can provide the crew with access to extensive information regarding the relative positions of other ships. But, unless it is used in a focused manner, it can confuse, rather than clarify, and ultimately prove counter-productive.”

There have been accidents on inland waterways, as well as intra-coastal waterways caused by the distractions of Skype calls, streaming news reports, and Email/Texting. Often, these  activities are being conducted on equipment either adjacent to or on the same screen as chartplotters, AIS displays or RADAR supplies.

There is no doubt that great advances have been made in what is possible to accomplish with technology, particularly within the marine industry. In 2004, the idea of linking different systems together seemed like something from the realm of "Star Trek." Now, in the world of tech, there is an app for everything it seems. The question isn't whether we “can” control a boat from an iPhone, Droid, Blackberry or Windows Phone – rather “should” we take this step. Eventually, sure but this is where the NMEA should monitor closely what the mobile device developers are “attaching” to boats. The most dangerous of the four major smart phone’s to the marine industry is the Droid phones – because anybody can make an application for them. This is great for the general public, but can mean disaster to mariners.

We’ve all had that person checking their Twitter or Facebook account cut us off on the road – boats are not quite as responsive. Already there are apps that are trying to replicate the functionality of AIS systems. What happens when somebody loses reception, or they forgot to plug in their phone the night before when they happen to be in a very busy port? Call me a cynic – but I can see bad things happening.

The bottom line is that there always seems to be a trade off for progress made to quickly.

As always, I appreciate any comments.

New amendment passes to boost transparency of Jones Act waivers

Press Release From US Representatives Elijah E Cummings and Jeff Landry
Cummings, Landry say measure will help preserve U.S. mariners' jobs
(11/15/2011)
(WASHINGTON) -- Congressman Elijah E. Cummings, Ranking Member of the House Committee on Oversight and Government Reform, and senior member of the House Committee on Transportation and Infrastructure, today joined Rep. Jeff Landry (R, LA-03), Vice Chairman of the Coast Guard Subcommittee, in applauding their colleagues in the House of Representatives who approved the Cummings-Landry amendment to the Coast Guard reauthorization bill that passed the House on Tuesday. The amendment will increase government transparency surrounding the issuance of waivers allowing non-Jones Act-qualified vessels to carry cargo between U.S. ports. It is nearly identical to the American Mariners Job Protection Act (H.R. 3202), a bill with bipartisan support that was introduced by Reps. Landry and Cummings earlier this year. “Americans are desperate for jobs,” said Cummings. “In this time of economic turmoil, we owe it to the people we represent to make full use of American maritime capabilities by adhering firmly to the Jones Act. Every single ship that can carry cargo under the Jones Act should be full and every American mariner should be able to work a fair day’s work for a fair paycheck. Congressman Landry has stood resolutely beside me as we protect the jobs of American mariners and I thank him for his support.” Under current law, when the head of the agency responsible for the administration of the Jones Act believes it necessary to waive the Act’s requirements in the interest of national defense, the agency must request the Maritime Administration to assess whether Jones Act-qualified vessels are available to carry the cargo under consideration. “I came to Congress to increase government transparency and get America back to work; today we took another step in that direction,” said Landry, whose district has the most domestic maritime industry jobs in the nation and transports much of the nation’s energy-based resources. Excited by today’s passage, Landry continued: “American mariners are the most qualified and safest workers in the world, and I am grateful my colleagues voted today to put them back to work. I thank Congressman Cummings for his leadership on this issue and thank him for working to ensure that the American mariner is always the first option.” The Cummings-Landry amendment will require the Maritime Administration to include in such assessments information on the actions that could be taken to enable Jones Act-qualified vessels to carry the cargo for which the Jones Act waiver is sought. The Maritime Administration would also be required to publish its determinations on its website. Further, the amendment would require notification to be provided to Congress when a waiver is requested or issued.

USCG Responds to A Singing Barge Near Miami

MIAMI - The crew of the Coast Guard Cutter Seneca responded to a sinking barge approximately 10 miles east of Miami, Nov. 7, 2011. The crew of the tug towing a barge notified watchstanders at Coast Guard Sector Miami they were experiencing fuel problems and later become disabled and adrift. U.S. Coast Guard photo.

---

MIAMI — The crew of the Coast Guard Cutter Seneca responded to a sinking barge approximately 10 miles east of Miami Monday afternoon.
The crew of a 94-foot tug boat towing a 270-foot barge notified Coast Guard Sector Miami watchstanders they were experiencing fuel problems and later became disabled and adrift.
The cutter Seneca arrived on scene and took the tug in tow. The crew of the Coast Guard Cutter Diamondback and a Coast Guard Air Station Miami HC-144 Ocean Sentry aircrew also arrived on scene to monitor the situation.
The barge, which has 33 empty containers on deck, was believed to be taking on water. Divers from TowBoat U.S. are attempting to dewater the barge. A commercial tugboat is scheduled to arrive on scene Tuesday morning to relieve the cutter Seneca of its tow.
The cutter Seneca is a 270-foot medium endurance cutter homeported in Boston.
The cutter Diamondback is an 87-foot patrol boat homeported in Miami Beach, Fla.

Port of Seattle Turns Up 10 Explosive Containers

Kizzi Nkwocha | Mon, 7 Nov 2011

US Coast Guard admits it has no plans yet for dealing with containers

IFW-Net

 

At least ten more potentially explosive containers have been found at the Port of Seattle with a question mark still hanging over the fate of the growing collection of containers.

Earlier this year maritime authorities reported that three reefer containers exploded or caused a fire, resulting in two fatalities in Vietnam and one in Brazil.

The explosions were believed to be the result of contaminated gas added to the boxes’ refrigeration units during servicing in Vietnam.

According to local reports, a growing stack of 80 refrigerated containers at the Port of Seattle have been sitting by itself, isolated from the rest of the port for safety reasons.

The US Coast Guard said it is working with the terminal operators to keep the 80 containers away from everyone, but admits there is no specific plan yet for dealing with them.

Rudy Finne of the International Longshore and Warehouse Union, said: "I personally think it’s ludicrous to have possible bombs at every corner here and have everybody seem not that concerned about it."

The Pacific Maritime Association, which represents the various terminal operators, said it is looking for a solution to checking each container to see if it poses any risk. These at-risk containers are being turned away from terminal operators, and as a result, they remain out in the public.

Meantime, the union is worried about containers that left Vietnam and may have passed through local ports before the security alert was put in place.

The three reefers that exploded were operated by Maersk Line, but since the danger was reported all carriers are scrambling to find any reefers that have been repaired in Vietnam since February.

Maersk has removed all its 844 reefer containers that have been repaired in Vietnam.

Sailing The Gulf of Aden Is Like Playing Russian Roulette.

Source: EU NAVFOR

Christian Colombo, a former French Navy sailor and his wife were on their way to fulfil their dream. They were sailing to see the world in their yacht, the SY TRIBAL KAT until this dream was destroyed in the most traumatic way.

E.Colombo threatened with AK47

The TRIBAL KAT was attacked by Somali suspect criminals off the coast of Yemen while passing through the Gulf of Aden. Christian Colombo was killed during the attack, his body thrown overboard and his wife taken against her will by the suspect criminals. She was being moved by skiff towards Somalia when by a combination of good fortune, considering the vast area to be searched, and close cooperation between the counter-piracy forces in the region, a complex and dangerous rescue operation succeeded in recovering Mrs. Colombo uninjured.

The SY TRIBAL KAT was only the most recent of about 10 yachts attacked and their crews captured by Somali suspected pirates in the Gulf of Aden and the Indian Ocean in the past three years.

Nearly every recorded attack on a yacht has led to the crew being taken hostage and moved to Somalia where they were kept on land, their yachts being discarded. SY ROCKALL was completely stripped of everything onboard including the engine.
On land, the level of risk and hardship on the hostages is increased. They are removed from their familiar environment and exposed to a rough country with a harsh, hot climate. Often, hostages are held in the most basic conditions, i.e. no electricity, no sanitary installations, rationed basic food and water. Pirates have frequently moved hostages at short notice to avoid detection, increasing the stress and strain for the hostages.

The ordeal hostages have to endure can include every form of abuse. Physical and psychological mistreatment can include physical violence and mock executions. In some cases, crews and families have been separated for extended periods of time exposing hostages to the stress of uncertainty on the fate of their partner or child. When hostages were separated, pirates have simulated killing one or more of the hostages with machine gun fire out of sight of the remainder to increase the pressure for a ransom to be paid; the hostages are assumed to be very rich and the ransom demands can be for millions of dollars.

On average, maritime hostages have been held for over 7 months. However, for Paul and Rachel Chandler from the SY LYNN RIVAL, their captivity lasted 388 days in the Somali bush. They were eventually released after payment of a ransom however others are not so fortunate; French yacht-owner, husband and father, Florent Lemacon, was killed in April 2009 during the liberation of the SY TANIT. In February 2011, pirates shot and killed four Americans aboard the SY QUEST off the coast of Somalia when U.S. naval forces were trying to negotiate their release.

The presence of warships from EUNAVFOR, NATO and the Coalition Maritime Force, in addition to other naval forces, in the Gulf of Aden has significantly reduced the success of piracy attacks in this area. However, there remains a serious and increasing threat from piracy from the southern Red Sea, through the Bab el-Mandeb to the Gulf of Aden, off the coast of Somalia and into the Indian Ocean. This area is the same size as Western Europe and there are only between 12 and 18 warships in the area, with far higher priority tasking than protection of yachts and their crews, so if attacked, the chance of release is remote.

The risks to yachts from pirates are significant – they operate from one or more small skiffs, able to reach up to 25 knots. Increasingly, pirates use small arms fire and Rocket Propelled Grenades (RPGs) to stop and board vessels. Attacks have taken place mostly during the day, but pirates have also attacked at night. Pirates are likely to be aggressive, highly agitated, and possibly under the influence of drugs, (including khat, an amphetamine like stimulant).

Yachts cannot out-run the pirates and are unable to prevent boarding. Merchant ships, which have higher freeboards and can adopt the self-protection measures recommended in the fourth edition of “Best Management Practices for Protection against Somalia Based Piracy” (BMP) improve their chances but even these only delay a determined pirate.

There is only one sure way of avoiding your yacht and crew being captured – freight the yacht across the high-risk area.

Otherwise you could be playing Russian Roulette with your crew and family.

The Changing Face of Piracy

From Maritime Reporter & Engineering News, October 2011

 

David Rider

As the NATO and EU NAVFOR operations Ocean Shield and Atalanta continue their work in the Gulf of Aden, Indian Ocean and Red Sea areas, one could easily be forgiven for thinking, well, that’s that. Tough luck, pirates, the world is on to you. Sadly, as anyone involved in international shipping knows, that is very far from the truth.
The fact is that the areas patrolled by the world’s navies are vast and the chance of early interdiction of a pirate skiff or mothership by a naval vessel is small. In the risk versus reward world of the pirate, it’s a virtual no-brainer.
Given that around seven percent1 of the world’s oil supplies and an estimated 22,000 vessels transit the Gulf of Aden (GoA) annually, it would be reasonable to expect that same transit route to be safe and free of incident, but the reality is far from it.
In early August 2011, the International Chamber of Commerce’s Commercial Crime Service reported that there had already been 22 successful hijackings by Somali pirates, while countless others have been approached, attacked and pursued by pirates in high speed skiffs, launched from nearby motherships.
As the methods employed by the world’s navies to combat them have become more sophisticated and organized, so the pirates have changed their tactics to suit, with the first six months of 2011 showing a dramatic rise in attacks over the same period for 2010; some 266 attacks on vessels in the period, compared with 196 for last year2.
This year’s monsoon season has been a stark reminder that pirates are highly motivated to capture their quarry. While normally shipping could breath a sigh of relief at the arrival of the summer monsoon, this year the IMB issued a statement warning seafarers of the continuing danger of pirate attack. The organization said that the movement of pirates to the GoA and Southern Red Sea (SRS) areas, due to monsoon conditions in the Indian Ocean were a, “cause for concern.” IMB Director, Captain Pottengal Mukundan, said: “It may be that these recent Indian Ocean incidents are a sign of desperation by pirates, or that there are many more pirate groups operating now than there were in 2010, particularly outside the Gulf of Aden.”
As a leading supplier of armed security personnel to the maritime community, Neptune Maritime Security continually has Vessel Protection Teams (VPTs) transiting both the IRTC and High Risk Area, and identified a potential trend in pirate tactics during the monsoons.
While July was a quiet month in the SRS region, with only a handful of minor reports, a string of what can only be termed ‘swarm’ attacks took place in August off the coast of Eritrea, possibly due to pirates moving up through Bab el-Mandeb, the ‘Gate of Tears,’ the strait that connects the Red Sea to the Gulf of Aden and Indian Ocean. When the monsoons bring dangerous conditions to the open sea, pirates will retreat here to calmer waters.
It was here that large numbers of pirates were reported to be operating in ‘packs’ and attempting to swarm vessels in large numbers.
The first incident, on August 7, according to the report filed with the IMB’s Live Piracy Reporting Center3, saw 12 skiffs containing between five to eight pirates per skiff pursue and attack a bulk carrier approximately 20nm off the coast of Eritrea. As the skiffs approached to within 300m of the carrier, the Master ordered the armed security guards onboard to fire warning shots at the pirates’ skiffs. While this show of force saw the majority of pirate vessels break off their attack, two skiffs continued in their pursuit for some 30 minutes, returning fire at the armed guards until they, too, aborted their attack. If one believes the report – and there is no reason to doubt the legitimacy of reports filed with the IMB – then even underestimating the number of pirates to just 60 still leaves us with evidence of a worrying trend in pirate tactics.
Following an advisory notice issued by Neptune Maritime Security to both the media and other companies in the industry, we received news of a second ‘swarm’ attack4 on August 10. On this occasion, a Panama-flagged tanker, Golden Topstar, was pursued while underway at 13:08N-043:07E by pirates in 12 skiffs. The vessel evaded the attack by employing evasive maneuvers and firing flares. The site of the incident is just 6.5nm away from the attempted attack three days previously.
A third ‘swarm’ attack occurred5 on August 17. A bulk carrier underway, approximately 22nm off Assab, Eritrea, at 13:16N-043:01E, was approached by seven high speed boats, each containing three to five men, armed with automatic weapons. Again, the attack was repelled thanks to the employment of evasive maneuvers and an increase in speed by the vessel. This attempt occurred just 10.2nm away from the incident on August 10th.
Reports then emerged from the Iranian Navy, concerning a wave of attempted attacks on the bulk carrier ‘SAEI’ at the mouth of the SRS at Bab-el-Mandeb, although exact location information was not provided. According to the Iranian Navy report, the first attack saw four skiffs containing 20 pirates engage the vessel, the second wave featured eight skiffs with a force of 40 pirates and a third and final attempt was said to feature just two skiffs with just 12 pirates on board.
While some sources have questioned the credibility of these reports, the bulk of available data should at least raise concerns in the industry as to the changing and malleable nature of the tactics employed by pirates in the area. The IMB reports6 that (at the time of writing), since May 20, 14 vessels have been attacked in the Southern Red Sea.
Further east, pirates were also changing their MO, choosing to avoid the rough Arabian Seas in favour of daring raids near major shipping hubs.
The successful hijacking of the chemical tanker, Fairchem Bogey7, on August 20, illustrates how pirates have altered tactics in response to pressure from EU NAVFOR, the monsoon and better practice by vessels transiting the HRA. According to reports, the Fairchem Bogey, carrying a cargo of methanol, anchored 4-5 miles off the Omani port of Salalah. Ironically, the armed guards employed by the shipping company to watch over the vessel in transit had disembarked once the ship reached what was thought to be safe anchorage. Then, at approximately 0630 UTC, a group of pirates stealthily boarded the vessel and took its crew of 21 hostage. Did the pirates have someone on shore, advising them of the protection team’s departure, or was this just dumb luck? We may never know.
The attack caused concern not only due to its brazen nature, but also because Oman has a well resourced Coast Guard, who were on the scene within an hour. Unfortunately, by then it was too late, and they were warned off by the hijackers, who later sailed the vessel to Garacad and demanded a $10m dollar ransom for its release8.
The attack shows parallels to the hijacking of the cargo ship, Leopard, which was boarded off the Omani coast on January 12. The freighter had discharged its armed guards and was boarded shortly afterwards. Six crew members are still being held hostage by the pirates involved9. Since the hijacking of the Fairchem Bogey, there have been several other attempts made to attack vessels, which the Omani Coast Guard have rebuffed.
While attacks on vessels off Oman are hardly news, recent weeks have seen an increase in attempted hijackings in the region, which perhaps illustrates the increasing pressure pirate gangs have felt due to local weather conditions, the presence of naval vessels and more recently, the presence of armed security guards onboard vessels. According to EU NAVFOR, 90% of ships surviving a pirate attack in the Gulf of Aden this year have credited a security team for aiding their escape10.
As we reach the end of the monsoon season, international shipping can once again expect Somali pirates to strike out further into the Arabian Sea and Indian Ocean in an attempt to make up for time lost due to the monsoon, utilising hijacked fishing boats and merchant vessels as mother ships. As Captain Keith Blount, Chief of Staff with EU NAVFOR told Reuters: “I think we are going to see a surge in piracy because we always have done at this time when the southwest monsoon abates and the seas become flatter.”
 “Typically the pirates have a really good go in the autumn and winter,” he said on the sidelines of a shipping conference11.
The international battle against piracy continues its cat and mouse game, with no immediate end in sight for either the beleaguered shipping companies who have paid an estimated $95 million in ransoms this year alone, or the estimated 343 seafarers still being held hostage in Somalia12.

Neptune Maritime Security
www.neptunemaritimesecurity.com
Email: info@neptune-ms.com

(As published in the October 2011 edition of Maritime Reporter & Engineering News - www.marinelink.com)

What If Deepwater Horizon Oil Spill Happened In Cuban Waters?

WASHINGTON (Dow Jones)–Several U.S. companies are asking the Obama administration for permission to respond to potential oil spills in Cuban waters, a top offshore drilling regulator said Wednesday, hoping to overcome embargo restrictions that currently limit their ability to do so.

The companies’ requests coincide with a growing concern among oil-industry experts who say the U.S. embargo on Cuba could cripple the ability of spill-containment companies to respond to potential spills that start in Cuban waters but then move to U.S. shores.

Speaking at a congressional hearing Wednesday, Bureau of Safety and Environmental Enforcement Director Michael Bromwich said several companies have asked the U.S. Commerce Department for licenses that would allow them to use subsea well containment systems and other types of equipment to respond to spills in Cuban waters.

Bromwich said he had “a high level of confidence” the Commerce Department would approve the licenses, in large part because it had already issued separate approvals for oil-spill containment systems and cleanup items. U.S. government agencies “are very much on alert, looking for the licenses [applications] as they come in and my understanding is that they’re giving them very rapid attention and they’re approving them as promptly as they can.”

The administration’s efforts are not without controversy. The chairman of the House Energy and Mineral Resources Subcommittee, Rep. Doug Lamborn (R., Colo.), said Wednesday that he is concerned “this administration will weaken the U.S. embargo on Cuba.”

Earlier in the week, the head of the House Foreign Affairs Committee sent a letter to President Barack Obama asking him to do more to prevent Cuba’s oil-drilling plans. “This scheme endangers U.S. security and environmental interests, and will enrich the Cuban regime,” Rep. Ileana Ros-Lehtinen (R., Fla.), a Cuban-born American, said.

Many environmental and oil-industry experts have taken a different approach and have urged the administration to give broad flexibility to U.S. companies that are equipped to respond to spills.

They contend Cuba will pursue oil exploration, regardless of whether the U.S. disapproves, so the U.S. should simply prepare for possible accidents.

Cuba’s offshore drilling plans get under way in coming months when Spanish company Repsol YPF SA (REPYY, REP.MC) starts to conduct exploratory drilling off the country’s northern coast. Repsol is transporting a Chinese-built rig to be used for the exploration work.

Repsol has voluntarily agreed to allow U.S. officials to inspect the rig before it enters Cuban waters. The company has also agreed to comply with U.S. drilling standards.

-By Tennille Tracy, Dow Jones Newswires

Coast Guard Detains Egyptian Cargo Vessel for Safety and Security Violations.

The following is a press release from the U.S. Coast Guard dated 01 NOV 2011.

(PORTLAND, Ore.) -- Coast Guard Sector Columbia River detained a foreign freight vessel for failure to comply with international and domestic regulations regarding safety, security, and environmental protection.

Early last week, while preparing to cross the Columbia River Bar, the 734-foot Egyptian cargo ship EDFU experienced a significant reduction in propulsion power. The vessel’s crew conducted an emergency anchoring operation until assist tugs could arrive on scene. Over the ensuing hours, the Coast Guard worked with the Columbia River Bar Pilots Association and local area response tugs to bring the vessel safely to berth in the Port of Astoria, Ore.

Shortly thereafter, Coast Guard inspectors from Marine Safety Unit Portland attended the ship in the Port of Astoria to investigate the loss of propulsion and ensure the vessel’s compliance with other safety and security regulations. While onboard, the inspectors discovered numerous deficiencies including cracked and deteriorated firefighting piping which prevented the ship’s crew from being able to respond to a fire aboard the ship. Furthermore, the vessel failed a critical security inspection and was not in compliance with its Security Plan. Capt. Bruce Jones, Commanding Officer of Sector Columbia River and Coast Guard Captain of the Port, issued an order detaining EDFU until all safety and security measures were corrected.

“EDFU’s failure to comply with numerous provisions of the SOLAS (Safety of Life At Sea) Convention, the ISPS (International Ship and Port Facility Security) Code and the ISM (International Safety Management) Code are unacceptable,” said Capt. Jones. “The economic vitality and security of our region depend upon the majority of maritime industry members who fully abide by U. S. and international safety, security and environmental standards. The Coast Guard remains committed to protecting our region by actively preventing and responding to any and all maritime threats.”

The ship has since come into full compliance with all security measures and has made substantial progress towards fully repairing the firefighting piping system and its associated components.

This case is an example of how the Coast Guard protects our nation’s maritime transportation system from substandard ships, and protects our ports and vital natural resources from accidental or intentional discharges of oil or hazardous material. The Coast Guard Captain of the Port will continue diligent oversight of all vessels subject to international and domestic laws and treaties to ensure they continue to comply with all applicable safety and security regulations in order to protect the people of our community, our environment, and our ports.

Is the America's Cup in Jeopardy?

San FranciscoBusiness Times reporter Eric Young reported October 27th, 2011 that U.S. Senator Dianne Feinstein (D-CA) introduced a bill to the Senate on 20 October 2011 to facilitate the America's Cup Match to occur in San Francisco in 2013. Senate bill 1759 basically saves the America's Cup from the prohibitive rules outlined in the Jones Act of 1920. Commendable for her to do this I think, considering it will be a huge windfall for the City of San Francisco and the State of California. This is an example of a Senator doing the right thing to help out her constituency. There is only one question I have, which by the way is intended to be very cynical. Why was the Jones Act not a problem from 1920 thru 1995, when the Americas Cup was hosted in United States Waters?

 I have read the Bills, S.1759 and H.R.3270 (the House of Representatives nearly identical version), and they seem rather harmless in the grand scheme of things. They are very limited in focus, and effect primarily support vessels for the event. I also re-read every piece of the Jones Act I could think of that might affect the event, and I don’t believe the bills are necessary. Primarily because the waiver authority for Jones Act regulation  already resides with several government agencies. 

They were read twice in their respective forums and will be up for discussion and the a vote. This is government efficiency, right? (Warning, I'm going to get cynical again.)So, my first question stands, why wasn't this a problem from 1920 thru 1995? The next question is, are we going to hear anything about this as it progresses? Answer: Probably not. Why do we care now. Let me think … oh yeah, its an election year next year. This would be a harmless feather in the cap of the good Senator on how her bill saved the America's Cup Event in San Francisco. A more sinister answer could be that since this is an "under the radar" bill (Her office didn't even issue a press release about it), how easy would it be to tack something more meaningful onto it?  I hope this is not the case.

Now, Senator Feinstein has done many things and has many accomplishments. Some of them I actually agree with and some of them (I believe) did more harm than good. I believe that she is doing what she feels is in the best interest of her constituency as well as our country (No I don’t think she's evil), however, I question the need for this Bill now, when the only thing it really threatens immediately is the San Diego America's Cup World Series Match beginning November 12th.

Introduction of this now will not only create panic for the organizers of the America's Cup and the World Series events, but it will open the door for a lot of confusion regarding the Jones Act, which has done pretty well for us since 1920.

Lets leave this fine event and its coverage to the Port Authority of San Francisco, the US Coast Guard, Immigrations  and Customs Enforcement (ICE), and the governing body of the America's Cup Event.  I for one think that this should remain a sporting event with a long and distinguished history dating back to 1851, before it became the America's Cup.

In August of 1851, a Schooner christened America raced against 15 other yachts in a 53 nautical mile regatta around the Isle of Wight. She finished 8 minutes ahead of the nearest rival. This is when its said Queen Victoria asked who was second and someone replied to her,"Ah, Your Majesty, there is no second."

Since 1857, the America's  Cup (newly renamed) has been a perpetual challenge trophy via Deed of Gift of the Americas Cup to the New York Yacht Club.

Politics were not involved in 1851, and should not be involved now. It’s a stretch (at the least) to say the Jones Act will interfere with the upcoming events and our politicians have more to worry about than a yacht race in San Diego or San Francisco.