Southeast Us

  • In the realm of marine casualties and incidents, each case has its own set of facts, cast of mariners and vessels involved and, frequently, sharp differences of opinion regarding same.  The one common denominator of most marine casualties, however, is the requirement to report them to the U.S. Coast Guard (U.S.C.G.). While what defines a marine casualty is often in the eyes of the beholder/mariner, it is much more prudent to err on the side of caution and, when in doubt, report it using Form CG-2692.

    Reporting Criteria Is Clear
    The Coast Guard’s definition of a marine casualty leaves little room for interpretation as 46 CFR § 4.03-1 defines a “marine casualty as any occurrence on the navigable waters of the United States, or anywhere if a United States documented vessel is involved, which results in damage by or to any non-public vessel, its cargo or an injury which requires professional medical treatment beyond first aid or death to any person.”  46 CFR § 4.03-1(a) further requires the owner, agent, master or person in charge of the vessel involved in a marine casualty to give notice as soon as possible to the nearest Coast Guard Marine Safety or Marine Inspection Office if the casualty involves, among other criteria, damage to property greater than $25,000.  Finally, 33 CFR §164.53 requires the master or person in charge of any vessel of 1,600 or more gross tons to notify the U.S.C.G. of any “hazardous condition” aboard the vessel, including  loss of main propulsion, loss of generator power, loss of steering, etc.
    Failure to make the required report of a casualty or a hazardous condition can result in a civil penalty of up to $25,000 or criminal penalties of up to $100,000 and 10 years imprisonment. The two brief case studies that follow shed ‘real world’ light on the consequences of not reporting what may, at the time of occurrence, appear to be a minor incident.

    A Failure to Communicate
    The first case involves the captain of an integrated tug-barge unit (ITB) which experienced mechanical problems while departing a southeast U.S. port for a relatively short trip up the coast to a mid-Atlantic port.  While transiting outbound, the vessel’s starboard main engine shut down and, after conferring with the river pilot onboard, the tug’s master decided to proceed to anchorage where the problem was identified and, with some shore-side assistance, quickly repaired. The fully-powered ITB then continued on to its original destination, arriving eight days later. Unbeknownst to the vessel’s captain, Coast Guard officials at his trip’s destination learned of the breakdown incident and determined that he had not properly reported the casualty over a week earlier. The captain was subsequently informed that he would be given a Letter of Warning (LOW) or a Civil Penalty up to $25,000 (see above).
    Three weeks after the original incident and almost two weeks after hearing from the U.S.C.G., the affected master notified his license insurer of the investigation, and the insurer (MOPS) promptly assigned a maritime attorney who made best efforts to catch up with the Coast Guard’s casualty/investigation and work with the ITB’s captain to complete and submit a CG-2629 as soon as possible. Sadly, despite solid representation and incurring almost $2,500 in legal fees, the ITB’s captain did indeed receive a Letter of Warning which, upon acceptance, became part of his permanent record.
    This is but one example of a truly unfortunate and unnecessary consequence for failing to report a blameless temporary mechanical breakdown.

    A Bridge Too Low
    The second case involved a docking pilot in a New England port who allided with a railroad bridge and failed to report the incident to the Coast Guard. Sadly, but not all that rare, the pilot was provided with faulty draft information regarding the vessel he was piloting leading to the allision. No damage was reported by the pilot or the ship’s master to either the vessel or the bridge, and the assumption was ‘no harm, no foul’.  Not surprisingly, the Coast Guard viewed the incident differently and, subsequently contacted the docking pilot advising him that he was the subject of their investigation into the unreported bridge allision.
    The investigation consumed over three months of interviews and paperwork before the Coast Guard concluded that the faulty draft information was indeed a major contributing factor to the incident, but while the pilot was not subjected to negligence charges or civil penalties because of the allision, he too received a Letter of Warning for not reporting the incident or submitting a written CG-2692 within 5 days of the casualty. This proved to be yet another costly ($4,900) and somewhat hollow ‘victory’ for the experienced pilot due to the issuance of the LOW.
    Clearly, the need to report marine casualties to the Coast Guard (and your license insurer if you have coverage) is critical. The consequences of not reporting can leave an unnecessary blemish on a professional mariner’s record that will follow him/her throughout their career.

    (As published in the March 2013 edition of Marine News - www.marinelink.com)

     

  • Promar (Professional Marketing Company) of Tampa, Fla., has been named exclusive representative for Anritsu America's line of marine radar in the Southeast region of the U.S. The Anritsu radar was formerly marketed under the EPSCO name. The line includes 5- and 10- kw models with ranges from 60 to 120

  • The Southeast Section of The Society of Naval Architects and Marine Engineers inducted the newly formed Student Section from the Florida Institute of Technology, Melbourne, Fla., into SNAME at a recent section meeting. This is the second official student section to be established in the Southeast

  • Jardine Offshore Promet Pte. Limited, one of the leading steel fabricating firms in Southeast Asia, recently signed a license agreement with Paceco, Inc., a subsidiary of Fruehauf Corporation, 'to manufacture offshore equipment, to Paceco design, at their Singapore production facilities. Jardine is a

  • to better serve the company's clients. C.L. Davis becomes executive vice president, Oceanic Contractors, Inc., responsible for the Middle East and Southeast Asia areas. Mr. Davis joined the McDermott organization in 1969 as an operations engineer in the Middle East, becoming vice president of the Middle

  • in component technologies, recently re-organized its export sales operations. The main changes involved locating regional executives in Europe and Southeast Asia to provide greater service to customers and assistance to overseas agents and associate companies. Based in Liege, Belgium, J. Houba has taken

  • California, where he was vice president for marketing. Mr. Harris, based in Swansboro, has been with Uniflite for 10 years, serving since 1974 as Southeast regional sales manager. He will continue his Southeast sales duties, but in addition will be in charge of the company's diversified sales program

  • Transamerica Delaval, Lawrenceville, N.J., has taken an important step to strengthen its position in the Southeast Asia energy markets with the establishment of an office in Singapore to be headed by Donald B. Reed, it was announced recently. The office is expected to be operational in September.

  • the flag" ceremony held at Pier 5, Port Authority in Brooklyn, N.Y. With these vessels, P.T. Trikora Lloyd will own five ships on the United States/Southeast Asian route for a sailing f r e - quency from the United States every third week. Formerly sailing under the Dutch flag and chartered to P.T

  • , Singapore. The Selco Group includes Selco Salvage, which operates a comprehensive marine salvage service in an area covering the South China Sea, Southeast Asian waters, and extending westward to the Arabian Gulf. With the support of its own shipyards in Singapore and Brunei, Selco Salvage arranges

  • A device that increases the efficiency of barges is gaining in popularity on the West Coast, especially for Seattle to Alaska and Southeast Alaska runs. Many people report that Hydralift skegs substantially increase the efficiency of towed barges. This results in either increased towing speed or

  • p a r t m e n t , for the Eastern Hemisphere. His responsibilities include the administration of the division's Capac and Chloropac systems sales in Southeast Asia, Japan, and Australia. After graduating from the U.S. Naval Academy with a BS degree in marine engineering, Mr. Lamb acquired an MS degree

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