News

Wheelhouse Weekly – January 03, 2012

January 3rd 2012

 

– Bridging the Information Gap With E-News You Can Use –

Volume 16 . . . . . Number 1. . . . January 3, 2012

STORIES COVERED

Did you miss a week? Back editions of the Wheelhouse Weekly are available in the section.


MM&P HOLIDAY CLOSING SCHEDULE

All MM&P union halls, the MM&P Health & Benefit Plans, the MM&P Federal Credit Union and MM&P headquarters will be closed on Monday, Jan. 16, in observance of the birthday of the Rev. Martin Luther King Jr.


LEGAL RIGHTS AND OBLIGATIONS IN THE EVENT OF A MARITIME CASUALTY

Risks in the maritime environment are on the rise as regulatory burdens increase, shipping lanes become more crowded and economic pressures lead to tighter deadlines and manning levels that create heavier workloads. The beginning of a new year is a good opportunity to review the mariner’s rights and obligations in the event of a maritime casualty that takes place under U.S. jurisdiction.

In the maritime world as in other industries, many incidents are minor and do not have legal consequences. In more serious cases, it is important to keep in mind the fact that the course the proceedings will take is often established at the earliest stages, in the moments in which initial statements are made to the authorities at the accident scene. Here, the old maxim “Silence is golden” takes on renewed significance: it is important to emphasize that statements that may seem innocent can be interpreted very differently by the authorities.

In this framework, two basic legal rights–the right to counsel and the right to remain silent–assume paramount importance. A mariner involved in an accident has the right to be represented by counsel, in any matter, civil or criminal, at any stage of the investigation. Except for obligations to provide immediate safety information, to produce voyage records (more on this below) and to report a serious accident as soon as possible, a mariner has the right to decline to speak further with the Coast Guard until arrival of counsel. This right also applies to any other investigating agency, be it state or federal (although local counsel may have additional guidance regarding the procedures of a particular state).

A mariner involved in an accident has the right to remain silent in any matter that could subject him or her to criminal prosecution. (And it should be assumed that if an accident results in oil in the water, it may lead to criminal prosecution.) If immunity is offered, a mariner has the right to confer with counsel prior to accepting the offer. This applies to any investigation by the Coast Guard or by any federal, state or local agency.

Upon request of the Coast Guard, voyage records (charts, logs, printouts, manifests, oil record book, etc.) must be produced without delay, even if counsel is not present. There is, however, no requirement that you discuss, interpret or explain any record until counsel is present.

You must report any incident involving death, serious injury, property loss, loss of seaworthiness or harm to the environment, as soon as practical, by VHF or other means. Likewise, there is an obligation to provide the Coast Guard with information relating to the immediate safety of persons, property or the environment, even if counsel is not present.

Within five days of the casualty, the owner, agent, master, operator or person in charge must prepare a CG Form 2692 and forward it to the Coast Guard’s Office of Marine Safety. This required form is usually prepared with advice of counsel.

Labor union members should contact their union as soon as possible after an accident occurs. It is also important to note that company counsel is primarily representing the company’s interest. The law guarantees the mariner a right to be represented by his or her own counsel.

This article is intended as a guideline only for legal rights and responsibilities provided under U.S. law. Seek legal counsel immediately after an incident and remember your rights. It is also recommended that officers in senior positions invest in license insurance.


MARAD ADVISORY: IRANIAN NAVAL EXERCISES, POSSIBLE SHIP INSPECTIONS BY IRANIAN NAVY

The Maritime Administration has issued the following advisory regarding Iranian naval exercises and possible vessel inspections by Iranian naval forces. 

“Reports from maritime forces and commercial maritime interests indicate concern with the potential for localized disruption to shipping in conjunction with future Iranian naval exercises. During previous exercises, Iranian maritime forces conducted boarding and inspections of merchant ships, including those flagged to European nations. The possibility exists that Iran will attempt to conduct boarding and inspection during exercises between December 2011 and March 2012. The most likely location for this activity would be in the vicinity of the Strait of Hormuz, particularly in areas closer to Iranian territorial waters.”

“If a U.S.-flag vessel is hailed for boarding by the Iranian navy in international waters,  the ship’s master should ‘protest but comply,’ if circumstances warrant.”

“U.S.-flag vessels are advised to report incidents to the COMUSNAVCENT Battlewatch Captain (Maritime Operations Center) at 011-973-1785-3879 and Marlo Bahrain at 011-973-3940-1395.”

For further information, contact Capt. Robert Ford, MARAD Office of Security, (202) 366-0223 or e-mail maradsecurity@dot.gov.


U.K. AUTHORITIES RELEASE REPORT ON JULY 2011 MOORING LINE FATALITY

The U.K. Marine Accident Investigation Branch (MAIB) has issued the final report of its investigation into the death of a mariner aboard the container ship FREMANTLE EXPRESS during mooring operations in Veracruz on July 15, 2011. At the time of the accident, the vessel was moving astern along its berth, assisted by two tugs. The headline parted under tension, snapping back and striking an ordinary seaman on the forecastle. The investigators found that the mooring rope had previously suffered abrasion damage that significantly decreased its residual strength. Although the mariner who was struck was wearing a helmet, he was killed by injuries to the head.

The MAIB investigators said that records held on board FREMANTLE EXPRESS indicated that the ropes had been inspected as required, and that some had been cropped when considered necessary. The mooring rope that parted had previously been cropped twice since being brought into service. Although its condition on June 18, 2011, had been recorded as “satisfactory,” an assessment made following the accident suggests that a lower standard of acceptability was being applied on board than that required in the instructions provided by the company responsible for the vessel’s technical management, Anglo Eastern Ship Management Ltd.


PIRATES HIJACK ITALIAN CARGO SHIP WITH CREW OF 18

Pirates hijacked an Italian cargo ship and its 18-man crew in the early morning hours of Dec. 27 off the coast of Oman. The ship, the ENRICO IEVOLI, was carrying a cargo of caustic soda. A spokesperson for the Naples-based owner of the vessel, Marnavi, said the captain of the vessel had reported by radio that no crewmembers had been injured during the hijacking. In 2006, the Italian Navy had blocked a pirate attack against the same ship.

Two other Italian vessels were freed by Somali pirates in November and December. The SAVINA CAYLYN, an oil tanker with 22 crewmembers aboard, was freed on Dec. 21 after more than 10 months in captivity. In November, the ROSALIA D’AMATO cargo ship with a crew of 21 was released after seven months. Also in November, British and U.S. commandos freed another Italian vessel, the MONTECRISTO, with 23 crewmembers aboard. 

In October, the government of Italy and Italian shipowners established a policy that would allow private security guards and military detachments aboard merchant ships. The policy is pending implementation.


YOU CAN SAVE ALMOST $500 A YEAR ON CAR INSURANCE

Union members who switch to Union Plus Auto Insurance through 21st Century Insurance save an average of $483.08 a year compared to policyholders of Allstate, Geico, Progressive and other companies. Union members are entitled to great coverage features, including: evening and weekend policy servicing hours, quick claims settlement and guaranteed repairs. Plus, all 21st Century Insurance clients enjoy 24-hour roadside assistance at no additional charge. To find out more, go to www.unionplus.org, click on “Money and Insurance,” and then on “Auto Insurance.” 


ONE RESCUED, 22 PRESUMED DEAD, AFTER VIETNAMESE CARGO SHIP SINKS

A man who floated on a life raft for six days before being picked up by the crew of a British ship said the cargo vessel he was sailing on, the VINALINES QUEEN, had sunk in bad weather. The VINALINES QUEEN disappeared off the Philippines on Dec. 25. The British ship LONDON COURAGE picked the survivor up on Friday morning, about 350 kilometers from the VINALINES QUEEN’s last known location. A spokesperson for the operating company said the ship was carrying nickel ore. It was traveling from Indonesia’s Morowali Port to Ningde Port in China when it lost contact.


RUSSIAN FIREFIGHTERS EXTINGUISH BLAZE ABOARD NUCLEAR SUB

Russian firefighters on Dec. 30 succeeded in extinguishing a fire aboard a nuclear submarine, the YEKATERINBURG, which had been undergoing repairs at a shipyard in Murmansk. It remains unclear what originally sparked the fire, which first hit wooden structures next to the sub. Nine people–seven seafarers and two emergency workers—were hospitalized for fume inhalation during the day-long battle to quell the blaze. The YEKATERINBURG was commissioned in 1985. It carries 16 intercontinental nuclear-capable ballistic missiles that can each carry four warheads.

After the fire was extinguished, a spokesman for the government reassured residents that there were no signs of above-normal radiation levels in the surrounding community. The authorities said that about 400 people fought the blaze.


MITAGS ACADEMIC NOTES

Try our on-line interactive calendar to register for class: http://mitags-pmi.org/courses/calendar/

For class availability, contact Admissions Coordinator Kelly Michielli toll-free at 866-656-5568 or e-mail: admissions@mitags.org.

AB – Able Bodied Seaman: 1/9

ARPA – Automated Radar Plotting Aids: 1/24, 3/13

AZIPOD (2-DAY) for Pilots: 3/13

BRM – Bridge Resource Management: 2/20

BRMP – Bridge Resource Management for Pilots:  1/23, 3/1

BST – Basic Safety Training: 1/23

[CMM – Chief Mate and Master Courses]

CMM-ADVWX – Advanced Meteorology: 1/9, 3/19

CMM-ADVNAV – Advanced Navigation (=ECDIS & VPEN): 3/5

CMM-ADVSTB – Advanced Stability: 1/16

CMM-CHS – Advanced Cargo Operations (2 weeks): 1/30

CMM-ECDIS – Electronic Chart Display and Information Systems: 1/23

CMM-MPP – Marine Propulsion Plants: 1/23, 3/26

CMM-SHMGT – Ship Management (2 weeks): 2/20

CMM-SHS-ADV-I – Advanced Shiphandling (week 1): 1/16, 1/30, 2/27, 3/12,
3/26

CMM-SHS-ADV-I I – Advanced Shiphandling (week 2): 1/23, 2/6, 3/5, 3/19

CMM-WKP – Advanced Watchkeeping: 2/13

CONSTAB – Ship Construction and Basic Stability: 1/9

CONT PLNG – Contingency Planning: 3/15

DDE-GL – Designated Duty Engineer Great Lakes: 1/30

ECDIS-ENAV (2 DAY) for Pilots: 3/1

ENAV – Electronic Navigation: 3/19

ENVIRO-Regs Permit – Environmental Regulations Permit: 3/13

FF-BADV – Combined Basic and Advanced Fire Fighting: 1/23

FSM – Fatigue, Sleep and Medications for Pilots: 3/16

GMDSS – Global Maritime Distress Safety Signal: 2/20

HAZ – Hazardous Materials (5 day): 3/5

LAP – License Advancement Program for Chief Mate & Master: 3/19

LAP-GL – License Advancement Program for Great Lakes: 1/30

LEG – Legal Aspects of Pilotage: 1/23, 3/1

MCL – Management, Communication & Leadership: 3/26

MED-PIC – Medical Person in Charge: 1/9, 2/13, 3/19

MED-PIC -R– Medical Person in Charge Refresher: 3/5

MED-PRO – Medical Care Provider: 1/9, 2/13, 3/19

MED-DOT-DA – Dept. of Transportation Drug & Alcohol Testing: 1/14, 3/24

MSC -SMA – Military Sealift Command Small Arms Qualification: 3/12

ROR-1 – Radar Observer Renewal Evening Classes: 1/11, 1/25, 2/8, 2/22, 3/7, 3/21

ROR-1 – Radar Observer Renewal: 1/23, 3/12

ROP-5 – Radar Observer Original and Renewal: 1/16

SEC-VCF – Security Officer, Vessel, Company & Facility: 3/12

SHS-BAS – Basic Shiphandling: 2/13

SHS-ESH-BRMP3 – Emergency Shiphandling and Bridge Resource Management for
Pilots: 1/11, 2/27

SHS-EMR5 – Emergency Shiphandling: 3/5

TCNAV/CO – Terrestrial and Costal Navigation and Compasses: 1/30

TPIC-DL – Tankerman Person in Charge Dangerous Liquids: 3/5

WKP BAS – Basic Watchkeeping: 3/5

WX-BAS – Basic Meteorology: 3/26
 
…Remember: If you can’t make the class, make the call. Be courteous, don’t be a “no show.”

Check the MITAGS website at www.mitags.org for course descriptions associated with the course title abbreviations, and schedule revisions.


PMI ACADEMIC NOTES

Schedule of Courses – Please also see our schedule online at www.mates.org.
For registration, call our registrar, Jennifer Pitzen, at (206) 838-1126.
 
January 2012

2-20       Terrestrial and Coastal Navigation with Compasses
20th       Radar Renewal
23-27     Radar Observer Unlimited
23-3       GMDSS
26-27     Vessel Security Officer
30-3       ECDIS
30-3       Medical Care Provider
30-10     Medical Person-In-Charge

February 2012

10th       Flashing Light
13th       Radar Renewal
13-17     Bridge Resource Management
20-24     Medical Care Provider
20-24     Able Seaman
21-24     ARPA
27-2       Basic Meteorology
27-9       Celestial Navigation

March 2012

5-9          ECDIS
12-16     Radar Observer Unlimited
12-23     GMDSS
12-30     License Preparation (Mate – 500Ton, 1600Ton, 3rd Unlimited)
20-21     Safety Management Systems
22-23     Build Your Own Internal Auditing Team Seminar
26th       Radar Renewal
26-30     Medical Care Provider


MM&P MARKET WATCH AS OF 1-3-12

D O W N A S D A Q S & P 500
12,389.93 2,644.47 1,280.62
Fund Name & Trading Symbol
 Closing
Price
 Vanguard Asset Allocation Fund (VAARX)
53.64
 Vanguard 500 Index Fund (VFINX)
115.80
 Vanguard Extended Market Index Fund (VEXMX)
39.34
 Vanguard International Growth Fund (VWIGX)
16.35
 Vanguard Morgan Growth Fund (VMRGX)
17.47
 Vanguard Windsor II Fund (VWNFX)
25.78
 Vanguard GNMA Fund (VFIIX)
11.07
 Vanguard Growth Index Fund (VIGRX)
31.79
 Vanguard High Yield Corporate (VWEHX)
5.69
 Vanguard LifeStrategy Conservative Growth (VSCGX)
16.22
 Vanguard LifeStrategy Growth Fund (VASGX)
21.10
 Vanguard LifeStrategy Income Fund (VASIX)
14.14
 Vanguard LifeStrategy Moderate Growth (VSMGX)
19.16
 Vanguard Target Retirement 2005 (VTOVX)
11.98
 Vanguard Target Retirement 2015 (VTXVX)
12.30
 Vanguard Target Retirement 2025 (VTTVX)
12.27
 Vanguard Target Retirement 2035 (VTTHX)
12.51
 Vanguard Target Retirement 2045 (VTIVX)
12.87
 Vanguard Total Bond Index (VBMFX)
11.00
 Vanguard Total Stock Market Index Fund (VTSMX)
31.29
 Chase Growth Fund (CHASX)
17.15
 Fidelity Asset Manager (FASMX)
15.02
 Fidelity Growth and Income (FGRIX)
18.24
 Fidelity Intermediate bond Fund (FTHRX)
10.88
 Fidelity Magellan Fund (FMAGX)
62.98
 Fidelity Value Fund (FDVLX)
63.47
 Fidelity Equity-Income II Fund (FEQTX)
17.40
Fidelity Blue Chip Growth Fund (FBGRX)
42.43
 Fidelity Diversified International Fund (FDIVX)
25.52
 Fidelity Dividend Growth Fund (FDGFX)
25.87
 Fidelity Freedom Income (FFFAX)
11.24
 Fidelity Freedom 2000 (FFFBX)
11.88
 Fidelity Freedom 2010 (FFFCX)
13.10
 Fidelity Freedom 2020 (FFFDX)
13.12
 Fidelity Freedom 2030 (FFFEX)
12.84
 Fidelity Freedom 2040 (FFFFX)
7.36
 Fidelity Freedom 2050 (FFFHX)
8.54
 Fidelity Total Bond Fund (FTBFX)
10.92
 Spartan Extended market Index Fund (FSEMX)
35.46
 Spartan US Equity Index Fund (FUSEX)
44.49
 Domini Social Equity Fund (DSEFX)
29.76



The MM&P Wheelhouse Weekly is the official electronic newsletter of the International Organization of Masters, Mates, and Pilots, ILA, AFL-CIO, 700 Maritime Blvd. Suite B, Linthicum Heights, MD 21090-1953. Phone: 410-850-8700; Fax: 410-850-0973; Email: iommp@bridgedeck.org. For further info or to subscribe contact Lisa Rosenthal at lrosenthal@bridgedeck.org. The Wheelhouse Weekly is sent via Email to MM&P-contracted vessels at sea and is posted on our web page.

© 2012, International Organization of Masters, Mates & Pilots. All the material contained in this publication is protected by copyright. For permission to reprint text from the Weekly, contact the MM&P Communications Department: lrosenthal@bridgedeck.org. For changes of address, contact Lisa Rosenthal at lrosenthal@bridgedeck.org.