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News Notes No. 4 |
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Marineliens.com
sends our e-newsletter each month to approximately 300,000
marine industry professionals.
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Attachment of Maritime Lien for breach
of charter party
A lesson in admiralty law was provided by
the U.S. Court of Appeals for the Fifth Circuit when
it ruled that a maritime lien for breach of a charter
party attaches when the vessel is placed at the charterer's
disposal. In the instant case, a vessel owner entered
into a time charter and accordingly delivered the vessel.
The vessel was then sold to a third party (subject to
the time charter) and the new owner obtained a mortgage
loan on the vessel. The bank providing the loan duly
recorded its preferred ship mortgage. Soon thereafter,
the new owner breached the time charter and then defaulted
on the mortgage. Both the bank and the charterer sought
to recoup their losses by having the vessel sold, but
the proceeds were not expected to cover both claims.
Therefore, the priority of the two liens became paramount.
The bank asserted that its lien took precedence as its
preferred ship mortgage was recorded before the time
charter was breached. The court held that the maritime
lien for a charter attaches when the vessel is placed
at the disposal of the charterer, even though it remains
inchoate until a breach arises. Thus, since the charter
commenced prior to the vessel sale, the charterer's
lien prevailed over the preferred ship mortgage.
Source: Dennis Bryant,
HK Law
Can we apply these sleep studies
to the dog watch
Researchers study crew rest to optimize
performance By Staff Sgt. Jason Smith, 437th Airlift
Wing Public Affairs CHARLESTON AIR FORCE BASE, S.C.
(USTCNS)---
Crews from each of Charleston's
active-duty airlift squadrons are undergoing sleep
research in hopes of finding the perfect sleep schedule
for future missions. Researchers from the U.S. Air
Force Lab, Brooks Air Force Base, Texas, and the Air
Force Operational Test and Evaluation Center, Kirtland
AFB, N.M., are conducting the sleep research during
real-world missions flown by the 14th, 15th and 17th
Airlift Squadrons. Some of those missions will be
in support of Operation Enduring Freedom. Dr. Bill
Storm, senior research scientist from the Air Force
Lab, said sleep research for the Air Force is not
new. The Air Force has been conducting sleep studies
for more than 25 years, and Storm worked with CAFB
C-141 crews in the 1970s and 1980s. He said the reason
for his current visit is to look at a new software
program called the Fatigue Avoidance Scheduling Tool.
"FAST allows us to take the work schedule of a security
force member or pilot and compare it to their sleep
schedule," said Storm. "We can look at a particular
mission and say, 'Here's what time the drop is. If
you take a nap at this particular time in the mission,
you'll be at your maximum performance capability for
the drop.' "Seldom can we say, 'That's a bad time
to bomb,'" continued Storm. "My philosophy is that
any sleep is good sleep. However, there are certain
times during the duration of a long mission when you'll
get a more restorative sleep at one point in that
mission than another." Knowing when crews need sleep
and when they will be at their maximum performance
level is based on the Circadian Rhythm, according
to Storm. Everyone has a Circadian Rhythm, or body
clock, that runs for about 24 hours. At about the
18-hour point of being awake, a person will start
to experience performance deficit. "At 18 hours, you'll
start feeling tired, like you need sleep," Storm said.
"There's a reason for that. Your Circadian Rhythm
is on the downside. You will start having reaction
time problems, and if you stay awake that whole first
day, your performance will drop by 20 or 25 percent."
A person needs between 7.5 and 8.5 hours of sleep
every night, according to Storm. He said a lot of
people get by on 6 hours regularly, and because of
the lack of sleep, they're not performing at their
maximum level. Overseas missions also greatly affect
the performance of aircrews because of the difference
between a crewmember's body clock and the cultural
clock for the area they may have to fly to. According
to Storm, it's not practical for an aircrew member
to try to adapt to a new area's cultural clock. For
instance, it would take a person about six days to
prepare their body clock for Germany's cultural clock
(about one hour of adjustment per day.) Since most
crews don't have six day's notice, and since adjusting
a body clock involves things like blackout curtains,
Storm said it's best just to get as much sleep as
possible before departing CAFB. The FAST software
being studied here will account for things like sleep
attained prior to departing CAFB. Storm said the sleep
schedules of the aircrews being studied are recorded
prior to leaving for a mission. During the mission,
crewmembers wear actigraphs, watch-like sleep monitors,
to record the times they are asleep. When the crews
return, information from the actigraphs is downloaded
into the software. "Pilots are also completing a vision
reaction test three or four times each day," said
Storm. "The test is very sensitive to tracking sleep
loss." Currently, a researcher is flying with each
of the crews to help measure sleep patterns and recommend
prime times to nap. Storm said the researchers are
traveling with the test crews as they fly to Germany
to take part in Operation Enduring Freedom missions.
Eventually, Storm would like to see all the research
pay off in the form of user-friendly software that
flight-planning officials can use while scheduling
missions. With a few keystrokes, FAST should be able
to list the best times to sleep during any mission
and what a person's performance level will look like
if they follow the recommendations. The CAFB crews
taking part in the study have been more than cooperative,
according to Master Sgt. Michelle LaCasse, AFOTEC
test manager. She said although the study has meant
imposing on the crews and asking them to do extra
work, everyone has been friendly and willing to help
in any way possible. LaCasse, who personally served
as a C-130 and E-4 crewmember for 14 years, said the
researchers have done their best to educate the crews
on exactly what they're studying and how they hope
FAST will pay off for crews in the future. Researchers
will return to CAFB in 60-120 days to present their
findings to base officials. (FROM AIR MOBILITY COMMAND
PUBLIC AFFAIRS)
Notice of Maritime Liens
If a buyer buys a boat not knowing it has
a claim of lien against it, it does not mean the lien
goes away. It means that the boat has a claim against
it and that the vendor at some time in the future may
choose to act upon it by pursuing the arrest and sale
of the boat to satisfy the claim.
We continue to receive questions regarding the posting
requirements of maritime liens. Bear in mind that a
lien exists the moment supplies are delivered to the
vessel or the work is completed. As a general business
practice a supplier may give a customer 30 days to pay
in which case the lien remains open for the 30 days
or until paid. Most vendors will not start collection
processing before 90 days. The lien exists regardless
if it is posted for the world to see. If a buyer buys
a boat not knowing it has a claim of lien against it,
it does not mean the lien goes away. It means that the
boat has a claim against it and that the vendor at some
time in the future may choose to act upon it by pursuing
the arrest and sale of the boat to satisfy the claim.
Liens are not extinguished by transfer of ownership.
Vendors that service or supply a vessel may choose as
a business practice to post their claim on the Marineliens.com
site until the invoice is paid thereby using the site
as an accounts receivable tool. This practice will help
buyers and lenders know of the claim and enable them
to contact the vendor for settlement and release of
the lien during the �closing� process.
United
States navy helping with micronesia cleanup after typhoon
kills 37
USTRANSCOM planning disaster relief from
typhoon
By Maj. Scott D. Ross, U.S. Transportation Command Public
Affairs SCOTT AIR FORCE BASE, ILL (USTCNS) --- U.S.
Transportation Command is planning and coordinating
the movement of relief supplies in the wake of a typhoon
that swept through the pacific islands last week. Friday,
Typhoon Chata'an hit Guam with winds exceeding 90 mph
after passing through the Federated States of Micronesia
where 37 people were killed and more than 100 were injured.
Navy Lt. Cmdr. Bob Costello, an action officer at USTRANSCOM
for the Pacific region, said he anticipates movement
of supplies within the next 72 hours. Weather in the
area is making relief efforts difficult. Typhoon Chata'an
is just one in a series of severe storms threatening
the Pacific. As planning continues, Tropical Storm Halong
is expected to intensify to typhoon strength before
reaching Guam. The Federal Emergency Management Agency
has requested Department of Defense help in the relief
efforts. Costello is coordinating with officers from
the U.S. Pacific Command to move relief supplies from
Hawaii to Andersen Air Base in Guam, and then to Chuuk,
one of four island states belonging to the Federated
States of Micronesia. Chata'an dumped heavy rains on
Chuuk, about 1,000 kilometers southeast of Guam last
Tuesday. Lynn Narruhn, a spokesperson for the Micronesian
government said most of those who died on Chuuk were
buried in about 30 different landslides that covered
almost 1,000 homes.
Marineliens.com enables affordable
arrest process
Marineliens.com has upgraded the site
to enable claimants with small claims an affordable
means to the costly arrest process. The site will
notify existing vendors, who have claims posted on
the site, of every new claim that is posted against
the vessel on which they have a claim. Once a vessel
has enough liens against it, all of the claimants
can join together and co-op the costs of the arrest
process. i.e.; Claimant A posts a claim for $3000
on Marineliens.com site. Later Claimant B posts a
claim on the marineliens.com site. When Claimant B
submits the claim for $10,000 the site automatically
sends a notice of the claim to A. Later Claimant C
posts a claim for $10,000 and automatically sends
a notice to Claimants A and B and so on. With 3 Claimants
sharing the expense of the arrest process it may become
affordable to each. Each claimant would share in the
proceeds of the sale of the vessel and recoup all
or a portion of their receivable depending on the
amount of the proceeds after the court expenses etc
are paid. To become more familiar with this concept
one may wish to consult an attorney.
The cost of posting a claim on the site remains $0.
Marineliens.com receives income from searches only.
Engineered for a mission
Karl Holmes, from Melbourne, has been dreaming
of the Melbourne/Osaka two-handed Yacht Race since the
event started in 1987. He finally set his dream to reality
by commissioning Kevin Dibley to design a new boat "Babe"
(Dibley 9900) and getting Hart Marine in Melbourne to
build her. Dibley, a yacht designer from Auckland, New
Zealand, will step in as co-skipper for this 5,500 nm
(10,200 km) marathon.
Name of boat: Babe
Nation: Australia
Class: Racer Group Class C
LOA: 10.02m
Displacement: 2,500kg
Designer: Kevin Dibley (New Zealand)
Skipper: Karl Holmes (45) Australia
Co-Skipper: Kevin Dibley (37) New Zealand
�Babe� will race in the Racer Group of Class C. Due
to restrictions in that class, she will not race with
water-ballast though she has been designed for that
option when other races allow it. The brief was for
an exciting high performance racing yacht that combined
dinghy like performance with Offshore Racing capabilities.
With the homeport being on the edge of the infamous
Bass Straight, the Dibley 10m needed to be tough and
strong with emphasis put on structural integrity and
safety. Performance, however, would not be compromised.
For qualifying races, Holmes and Dibley will be doing
the Sydney/Lord Howe race starting on October5th as
well as the Melbourne/Hobart on Boxing Day. Both will
be done in the two handed division. If time allows,
Babe� will be up at Hamilton Island in August but will
be a late entrant as she is committed on other events
before hand and it may not be possible to get her up
there in time.
To further their time on board and to fine-tune the
Polars for the design, Holmes will be doing as many
short handed races as he can out of Melbourne, with
Dibley flying over at various times for key races. In
the meantime, Dibley will work with Roger �Clouds� Badham
on pre-race strategy and weather routing for the Melbourne/Osaka
so as to hopefully minimize the time spent sailing on
the smallest entrant in the fleet, which starts out
on March 15th 2003
A few comments on why the yacht was named after a pig
have surfaced from time to time and probably needs explaining.
Karl Holmes supports a charity organization called "VSK"
(Very Special Kids") that helps both children with life
threatening illness and their families by hosting an
annual piggy bank appeal with a pig as their logo. Hence
they named the boat "Babe" (after the film) and will
carry the pig logo on the hull to help gain awareness
for the organization
Provisions on supervision and administration
of maritime security on Ro-Ro ship�s
Provisions on Supervision and Administration
of Maritime Ro-Ro(Roll on-Roll off) Ship�s Security
was promulgated by Ministry of Communication of the
People�s Republic of China on May 20, 2002 and shall
come into force as of July 1, 2002. The Provisions,
containing 58 articles, shall be applicable to activities
concerning supervision and administration of Ro-Ro ships�
security within the maritime territory governed by the
People�s Republic of China.
Provisions
on Ro-Ro in 58 Articles
The Provisions
includes Chapter 1 general principles, Chapter 2 operator
of ro-ro shipping, Chapter 3 ro-ro ships and crew, Chapter
4 inspection of ro-ro ships, Chapter 5 vehicles, cargo
and passengers, Chapter 6 supervision and inspection,
Chapter 7 penalties, and Chapter 8 supplementary articles.
According to the Provisions, operators of ro-ro shipping
shall strengthen administration on safety of ro-ro ships,
establish and improve a system of the administration
on safety, and obtain the approval by the marine administrative
authority of China. Ro-ro ships and crew shall get the
qualification concerning safety administration. Ro-ro
ships shall timely or specially apply for inspection
in order to ensure marine safety of people and property,
etc.
Wang Xuanjun
Beacon Law Firm
Email: [email protected] WebSite:
www.sino-laws.com/
Propguards: ongoing issue
We are including
two divergent responses from our readers regarding the
issue of mandatory requirement of prop guards. We were
also notified of an awful tragedy pertinent to the subject
of �prop guards� and have reprinted the article by the
Cape Cod Times.
Reader Response 1:
After seeing the Australian race on Zodiac boat jumping
ocean wave, that duct type apparatus around the propeller
might be very useful, security speaking. Better to have
a bump on the head and a big headache than have it slice
up like a piece of salami. Propeller at 6000 RPM becomes
a blade. Canadian Coast Guards are aware of the apparatus,
could be useful for boat that respond to emergency during
a boat accident in critical situation. In Canada a few
years back on Lake St-Louis in Montreal near Dorval
airport we had an incident at a Sailing school for youngster
a sudden storm overturn 90% of the fleet and as the
crash boat had to fight the elements , current ,wave
,boat, sail and pick up kids, one of them when under
it and had his leg cut-off. It is something to think
about. If you need design I will be oblige. Regards.
Louis Joannette http://v12.vweb.citenet.net/electri/
Reader Response 2:
Why do people always want to legislate in order compel
others to comply with whatever they themselves judge
to be a "good idea"? This is typical, Nanny knows best,
socialism. By nature humans are individuals and free
to do as they choose - and take responsibility for their
actions. Leave boaties alone - we'll make our own decisions
on what's necessary - and take the consequences. Skipper
Ron Yacht Wavelength Bay of Islands New Zealand Permanent
HOME of the AMERICAS CUP.
U.S. Quincy man faces charges in
vineyard boating death
State police charge Quincy man after he leaves scene
of fatal incident on Vineyard.
By DOUG FRASER
STAFF WRITER/ Cape Cod Times
: www.capecodtimes.com
EDGARTOWN, Massachusettes - A Quincy man was arrested
and charged in the death of another man in a boating
accident yesterday.
State police said William O'Connell, 63, was at the
helm of his 47-foot, high-performance boat Thunder
Enlightening and had dropped friends and relatives
off at a beach on the Chappaquiddick side of Edgartown
Harbor, near the ferry pier at 3:50 p.m.
Police said one of the passengers, William B. Sanderson,
63, also of Quincy, attempted to climb back onto the
boat and was caught in the propellers.
Police said O'Connell then fled the scene, returning
to Oak Bluffs, where he'd been staying.
Edgartown Harbor Master Charles Blair came to the
aid of Sanderson, who was taken to Martha's Vineyard
Hospital where he was pronounced dead.
The Coast Guard followed O'Connell to his mooring
in Oak Bluffs, where he was arrested by state police
and Massachusetts environmental police. He was taken
to Dukes County House of Correction in Edgartown and
was charged with operating a motor boat and causing
death, leaving the scene of a motor boat accident
where a death occurred, operating a motor boat while
under the influence of alcohol and operating a motor
boat within 150 feet of a swimming beach.
He is scheduled to be arraigned today in Dukes County
court.
Press Release Rotary Power International,
Inc. And Safe Boats International, LLC
Announce Successful Demonstration of the First Rotary
Diesel Marine Engine Wood-Ridge, New Jersey, Monday,
July 15, 2002 � Mr. Ronald G. McKeown, President and
CEO of Rotary Power International, Inc. (�RPI�) and
William Hansen, President and CEO of SAFE Boats International,
LLC (�SAFE Boats�) jointly announced today the successful
demonstration of RPI�s first prototype Series 70 250
HP Rotary Diesel Fueled Marine Engine. Mr. McKeown
stated �The initial sea testing of the world�s only
250 horsepower (HP) marine diesel fueled rotary engine
was deemed an unqualified success by both RPI and
SAFE Boats reaching speeds of over 40 miles per hour
in a 32 foot prototype boat hull being tested for
the U.S. Coast Guard. The Series 70 250 HP marinized
diesel fueled rotary engine was first delivered to
SAFE Boats in November, 2001 and it received a great
deal of attention at the Seattle Boat Show held this
year in January. The sea test results are being watched
very closely by the marine industry worldwide. The
small size, low vibration, light weight to horsepower
diesel fueled rotary engine can bring about a new
trend in boat manufacturing�. Mr. Hansen stated that,
�This could be the technology of the future. Our boats
have proven to be the overwhelming choice of agencies
such as the U.S. Coast Guard, Navy and other law enforcement
agencies for their fleets. As a result of increased
purchase orders, SAFE Boats International has expanded
its production capabilities to accommodate annual
requirements for as many as 200 diesel engines per
year valued at up to $4,500,000. The benefit of SAFE
Boats and other vessel manufacturers utilizing diesel
engines is the power to weight ratio of the rotary
engine. SAFE Boats wants to be the first boat manufacturer
to purchase RPI�s initial production engines next
year. Our commitment is to provide our customers with
the choice of one of the best marine diesel applications
in the market place.� Gary LaBouff, RPI�s Vice President
of Engineering and former Engineering Manager of John
Deere Technologies� Rotary Engine Division stated,
�T his creates many new boat hull design options and
may enable boat builders to exceed the size and speed
restrictions of existing technology. The engine�s
simplicity and few moving parts will allow for reduced
maintenance and higher reliability. This prototype
engine is the culmination of many years work at RPI
and its predecessor John Deere, and is superior to
any engine of this size produced in the past. RPI�s
plans are to deliver an upgraded Series 70 two (2)
rotor production engine to SAFE Boats this coming
fall for further testing in a 17 foot jet drive boat.
Production of the Series 70 250 HP engines could occur
as early as next year. RPI intends to begin field
testing of the Series 70 four (4) rotor 500 HP version
of the engine in the spring of 2003�. Gary LaBouff
further stated, �Within the next few weeks RPI will
be demonstrating a prototype engine in a 24 foot boat
in New Jersey, provided by one of our major shareholders.
At the completion of this demonstration, the engine
will be sent to Fort Lauderdale for demonstration
and further testing prior to being placed on display
in the October boat show in Florida.� Also, underway
in New Jersey is the development of a Series 580 two
(2) rotor 1000 HP diesel fueled prototype development
engine. This effort to provide a 1000 HP diesel fueled
rotary engine for the marine and power generation
markets is being led by John Mack, RPI�s Vice President
and Chief Engineer. Plans call for the testing of
this engine early this fall. SAFE Boats is known worldwide
for its exclusive 11 to 50 foot long full-sided foam
stabilized hydrodynamic hulled watercraft. More information
can be found on its website at www.safeboats.com.
Safe Harbor Statement This press release contains
�forward-looking statements� based on current expectations,
forecasts and assumptions that involve risks and uncertainties
that could cause actual outcomes and results to differ
materially. These risks and uncertainties include
price and product competition, dependence on new product
development, RPI�s ability to obtain sufficient funding
to be successful, reliance on major customers, customer
demand for our products, control of costs and expenses,
general industry conditions and interest rate and
currency exchange rate fluctuations. For a further
list and description of such risks and uncertainties,
see the public filings made by RPI with the Securities
and Exchange Commission. RPI disclaims any intention
or obligation to update or revise any forward-looking
statements, whether as a result of new information,
future events or otherwise. ROTARY POWER INTERNATIONAL,
INC. One Passaic Street, P.O. Box 128 Wood-Ridge,
NJ 07075-5595 OTCBB symbol: RPIN www.rotarypowerinternational.com
FOR MORE INFORMATION CONTACT: Ronald G. McKeown, President
and Chief Executive Officer, Rotary Power International,
Inc. at (905) 888-0500, e-mail: [email protected]
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