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Government Update Signed Confessions Dennis L. Bryant, Senior Maritime Counsel at the law firm of Holland & Knight, Washington, D.C., is a contributing editor of MR/EN. By Dennis Bryant, Senior Counsel, Holland & Knight LLP Many in the maritime industry are beginning to view the oil record book as a signed confession. The number of prosecutions in the United States for fraudulent entries in oil record books is rising exponentially and fines have recently skyrocketed. In the years 1998 through 2001, research has revealed one prosecution in each year for oil record book violations. In 2002, there were seven prosecutions - and four of those were against individual chief engineers. In 2003, nine prosecutions, four of which were again against individual chief engineers. Through the middle of August 2004. there have been seven prosecutions, and only two were direct- ed at individual chief engineers. Criminal fines to date have totaled $52,285,000. Shipping companies are also being required to implement court- supervised compliance programs. There has been a veritable explosion in the number and amounts of awards made to crewmembers who report viola- tions to the U.S. Coast Guard. In 1998, the first award ($500,000) was made to a crewmember on a cruise ship operat- ing in Alaska. In 2002, an award of $250,000 was made to a crewmember on another cruise ship, this one operat- ing out of Florida. The third award ($225,000) was made in 2003 to a crewmember on a bulk carrier docked in Portland, Oregon. So far in 2004, there have been three awards totaling $3.4 million. The awards have reached a level where virtually any crewmember suspected of implication in an oil record book falsification or an environmental violation (or simply disgruntled with his September 2004 or her employer) may be willing to pro- vide evidence to the Coast Guard or other law enforcement official. How do we get to this sad state of events? Waste liquids naturally accumulate in the bilges of ships. Part of those waste liquids consists of oil. To prevent the waste liquids from overwhelming the cargo spaces and the engine room, the material is periodically discharged over the side and into the ocean. Some years Analysis Software that Sets the Standard in Shipbuilding. mw Support that Surpasses It. Product, Price & Support Make NE/Nastran the Emerging Maritime Standard. Robust performance is just one reason shipbuilders are adopting NE/Nastran analysis software in growing numbers. At Noran Engineering, we proudly offer our Nastran-based finite element analysis systems at very affordable prices, along with the industry's best customer support by far. NE/Nastran is integrated with full ship modeling software and a combination of high performance robust solvers, giving you strong linear and nonlinear solution capability. Plus, we have the ability to install needed customer enhancements in a timeframe that meets your program needs. For example, we delivered a powerful, easy-to-use Dynamic Design Analysis Method (DDAM) module for Naval vessels, which simulates shock responses at mountings of masts, propulsion shafts, rudders and critical structures in eight weeks. At Noran Engineering, we specialize in making CAE solutions accessible to organizations of all sizes, from the largest shipyard to individual consultants. WE INVITE YOU TO TRY NE/NASTRAN FOR FREE. EMAIL MARITIME@NORANENG.COM FOR DETAILS. 1 NASSCO, Norfolk Naval Shipyard,The Naval Surface Warfare Center at Carderock, Portsmouth Naval Shipyard, Bath Iron Works, AMSEC, JJ McMullen, Rosenblatt & Sons, Glosten Associates, Puget Sound Naval Shipyard, NAVSEA and Northrup Grumman Ship Systems-lngalls Operation use NE/Nastran. NORAN ENGINEERING, INC. WWW.NENASTRAN.COM 1 .877.NASTRAN (U.S.) 1.714.899.1220 (U.S. & INTL.) fi Copyright 2004. Noran Engineering, Inc. All rights reserved. Trademarks are the property of their respective owners. Circle 279 on Reader Service Card
