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ST. LOUIS -- It's one of the most talked about Senate races in the country: Missouri Republican Rep. Todd Akin is taking on Democratic Sen. Claire McCaskill.
Both parties planned to spend millions there. Then Akin's controversial comments on rape sent the GOP into a tailspin.
Party leaders and the media all but gave the win to the Democrats, but it's still anyone's race.
Akin's Rape Gaffe
The Show Me state is proud of producing hard workers with a healthy dose of skepticism. Missourians are also known for being positive but it's hard to tell by the bitter campaign ads.
Observers expected nastiness between incumbent McCaskill and Akin, given the race's potential to shake up the Senate.
However, the real shake up came during an August interview in which Akin was asked if he would support abortions for women who have been raped.
"It seems to me, first of all, from what I understand from doctors, that's really rare. If it's a legitimate rape, the female body has ways to try to shut that whole thing down," he replied.
That six seconds upended Akin's lead and support from his own party. It also tossed McCaskill a lifeline she desperately needed.
McCaskill was seen as one of the most vulnerable Senate candidates this election cycle. But she's been able to capitalize on Akin's misstep, one that could ultimately help her do the once unthinkable: win re-election.
But the six-term St. Louis congressman would not give up. He's made up lost ground and turned the contest around.
"This is a very close race, and I believe we have a good chance of making the difference of the control of the Senate," he said.
In an exclusive interview, Akin told CBN News he's had peace about his campaign all along, even when party bosses pressured him to bow out.
"They tried to push him out, and he's hung in," University of Missouri professor Peverill Squire said. "I mean he still has a chance to win, but he's had to do that without having any national Republican support."
Akin campaign adviser Rick Tyler offered his take on the GOP's treatment of the Missouri congressman below:
Mourdock 'Rape' Flap
Akin is not the only candidate drawing fire for pro-life comments.
Criticism rained down on Indiana's Richard Mourdock after he connected pregnancies resulting from rape to God's will.
Nevertheless, Republicans stood behind the lawmaker.
Akin believes leaders abandoned him because he's a conservative willing to buck his own party.
"It may be that some of the leadership in the Senate on the Republican side would be more comfortable with people who are more moderate, and because I'm not, apparently, it's more important to them to get moderates than maybe even taking control of the Senate," Akin speculated.
Values Voters Fueling Akin?
The Akin campaign still struggles with finances. McCaskill raised nearly $6 million in a final fundraising push, while Akin took in less than $2 million. Most of that came from small online donations.
"The party has been very successful in turning off our funding," Akin told CBN News. "So in a sense, they're maybe trying to starve us of oxygen, but the other thing is they haven't starved me of gasoline."
Akin is fueling his momentum by attending events like a Friday fish fry in St. Charles. His references to God and traditional American values appeal to conservative voters.
"He's a strong Christian," Missouri voter Jan Beardsley said. "He's a conservative and that's the kind of people I want to see in Washington."
"And I know in spite of what he says he is rock solid on the issues," Beardsley added.
McCaskill: Akin Too Extreme
Meanwhile, McCaskill , a first-term senator, is portraying Akin as "too extreme" on issues ranging from Medicare to Social Security to views on women.
She's slammed his "legitimate rape" comment, while touting her record as a moderate who works across the aisle.
One McCaskill campaign ad says, "All Senators are ranked 1-100: liberal to conservative. You're looking at number 50. How did I get there? Missouri-style independence. I'm Claire McCaskill, and I approved this message because right in the middle is right for Missouri."
McCaskill was unavailable to talk to CBN News because of the illness and death of her mother.
Her backers, which include several leading Missouri newspapers, say McCaskill's bipartisan approach should be rewarded with a second term.
"She's really created a national niche in terms of keeping an eye on defense spending and taking her former role as a state auditor and applying it to her role in the Senate and saving taxpayers millions, if not billions, of dollars in wasted spending," Tony Messenger, with the St. Louis Post-Dispatch, said.
Akin disagreed, describing her record as a "disaster." He called McCaskill out-of-step with the average Missouri voter for totally backing President Obama's agenda -- even his health care law, which Missourians widely oppose.
He said he believes that's the memory voters will take with them to the polls.
"I am very mainstream for the state of Missouri, and that's one of the reasons why I'm optimistic," Akin told CBN News. "I'm going forward with a mission, and I plan, by the grace of God, to replace Claire McCaskill."
Akin was arrested four times in the 1980s for taking part in anti-abortion protests, something reporters questioned him on recently. Akin talked with CBN News about the incident. Listen to his comments below:
So what happens if Mitt Romney wins the presidency and the Democrats maintain control of the Senate? Click below for professor Peverill Squire's response:
Akin Defies GOP, Won't Drop Out of Senate Race
Mo. Republican Apologizes for 'Legitimate Rape' Comment
Akin Optimistic about Missouri Race
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Just heard from hubby that he is off to location #3 for the evening. Says it will be a long night which means he will be out all night. Thankfully the winds are not as bad and have died down. It is long dark outside and all my little twinkle lights and candle lamps are aglow. I am making the best of it. We had a big pot of soup for dinner and now I am curled up on my favorite sofa for a night of blogging and catching up.
Here is where I am except it is dark now and my little tree is all lit up.
I found the Buckingham Palace pillow in a thrift shop on the coast. $3. I sent it out to be dry cleaned and I just love it. It says made in England on the tag inside and is stuffed with feathers. I adore it and so does my little dog who keeps laying on it.


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Gidget is in a foster home during the week, but he will be at our adoption center to meet you on Saturdays.
If you are interested in adopting her please see our "How to Adopt" section and come in to meet her.
Gidget is a very unique looking girl. She has some sort of Spaniel in her, and maybe some Pekingese. She has longer ears with a beautiful brindle coat. It truly doesn't matter what she is a mix of because she is all love and sweetness. She is definitely a lady's girl. She warms up much quicker to women then to men. This doesn't mean that she won't learn to love and adore a man too, it will just take a little more time.
Gidget is a truly amazing girl. She is house-trained and can be left out of her crate during the day while you are at work. The one thing you need to be careful with is toys, she loves to destroy them!! She will need to have sturdy toys while not under supervision. She does great with most other dogs. She even lets them lick her ears and eyes. She loves to snuggle right up to you when you are sitting on the couch and take a nap with you. She walks beautifully on leash, especially while using a harness. When she gets excited, she runs her "happy circles" of joy. She loves staring up into trees to watch birds and squirrels. You couldn't ask for a more lovely lady. Come in to meet Gidget so she can find her forever home soon!
Check her out on CBS's Better Mornings Atlanta:


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The Arizona Cardinals' 2013 schedule has been released, and it looks like it will be a tough season ahead for the team.
The Cardinals will battle their NFC West rivals, the NFC South, the AFC South as well as Detroit and Philadelphia based on standings. Arizona has the seventh-toughest schedule (tied with Miami) as opponents were a combined 131-121-4 last season for a .520 winning percentage.
Arizona opens with three of its first four on the road and has its bye on Week 9. The Cardinals' lone prime-time appearance is Week 7 when they host Seattle on Thursday night.
The easier games are at the beginning of the slideshow, and the harder ones are closer to the end.
Start the slideshow below and see where each game lands in our power rankings.


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Marvin's house is for sale and Ilandra has a surprise. "I redecorated!" she beams. Marvin goes in. His favorite chair: gone. The bathroom: fuchsia. Three walls: missing. "It was perfect before!" he wails. "For you, maybe," says Ilandra, "but nobody was buying." How do you move from writing your novel to writing for readers? Learn what to cut, what to add, and how to "re-vision." Includes in-class writing and critique. Teenage Novelist: Plotting & Scheming and Publishing recommended, but not required, as companion classes. Related classes include Teenage Novelist: Developing Your Character, What's the Big Idea, and Scenes and Dreams.
** Name on account profile must be the same as the student enrolled. NOTE: This may require creating a new profile for the registration. **


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Hello! I have a question, which color lipstick should I use? I have 3 lipstick colors similar to these and would like to ask which one I should wear? Please choose which ever you like :) Thanks!
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text: Shipping newsletter - Legalseas Authors: Ernest van Buuren, Eleanor Martin, Angela Savin, John Liberopoulos, Dimity Maybury, Claire Berwick, Peter Glover Publication | October 2011 Introduction Australian shipping industry reform Widening the scope of the Equator Principles - what could this mean for the ship finance market? Information exchange between tax authorities Cargo liquefaction Competent Authorities disagree on assessment of moisture content of solid bulk cargoes under IMSBC Code When does piracy constitute a total loss? Towards a single regulatory system for the Australian offshore petroleum industry Global contacts Introduction Welcome to our October edition of Legalseas where we continue to consider a series of topical issues for the shipping industry.We open this edition, with an article from Norton Rose Australia partner, Ernie van Buuren and associate Melissa Tang covering the Australian Government's new package of shipping reforms. These reforms, which are to be implemented in July 2012, cover changes to the Australian tax regime (including a zero rate corporate tax on qualifying activities), the introduction of an international shipping registry, a new cabotage licensing regime and proposals for incentivising a skilled maritime workforce. As Norton Rose Of Counsel Scott McCabe put it in Lloyd's List on 13 October 2011, "This is an excellent initiative which should have happened 20 years ago at least".The Equator Principles are a set of principles designed to ensure that projects (traditionally, in industrial sectors such as power, water desalination and petrochemicals etc) are developed in a socially and environmentally responsible way. Due to a recent consultation process invoked by the Equator Principles Association, it is foreseeable that the Equator Principles could soon be applied by ship finance institutions to their lending criteria. In our second article, senior associate Eleanor Martin considers the implications for borrowers of the extension of the Equator Principles to ship lending.Following hot on the heels of our earlier articles on tax investigations and legal advice privilege in tax disputes, tax partner Angela Savin and associate Leyla Kattan conclude their tax article series with a discussion on recent developments in information exchange between tax authorities. This has become very topical in the UK in the light of the recent agreement between the UK and Switzerland which is aimed at obtaining information in order to tax funds held by British citizens in Swiss bank accounts.Our next two articles deal with the sensitive subject of bulk cargo liquefaction, a phenomenon which, in 2010, was responsible for the deaths of 44 seafarers in three separate casualties. In the first article shipping litigation partners David McKie (London) and John Liberopoulos (Athens) consider why this particular problem arises and highlight what steps can be taken to minimise the consequences. This is followed by a report from Norton Rose Australia associates Dimity Maybury and Melissa Tang on the significant differences between the regulatory approach to the carriage of cargoes which may liquefy between jurisdictions.Regular readers of Legalseas will be aware that we have reported on many aspects of the scourge of piracy, including articles relating to the deployment of armed guards, the legitimacy of ransom payments and the effects of piracy on charter contracts. Looking at the issue from a slightly different perspective, associates Richard Milestone and Peter Glover and know-how lawyer Claire Berwick, have provided their thoughts on the implications of piracy on total loss prepayment provisions contained in ship finance documentation and the interplay between such provisions and standard marine insurance policies.Our final article of this edition, from Norton Rose Australia associate Caroline Dearing, covers the recent steps that have been taken in Australia towards consolidating the regulatory framework for offshore petroleum activities in the light of, amongst others, the Montara incident off Western Australia.As always, I hope that you will find our articles to be of interest and we would be delighted if our readers could provide any comments on the content (including editorial), or suggestions for future articles of Legalseas, by using the feedback email. Likewise feel free to pass on the details of colleagues who may wish to receive Legalseas.Finally, for those who may not have seen our press release, I am delighted to announce that with effect from 1 January 2012 the Canadian law firm Macleod Dixon will be merging with Norton Rose Canada and becoming a part of Norton Rose Group. As a result of the merger, Norton Rose Canada will have close to 700 lawyers in their offices across the country and it will add 60 lawyers in Latin America, based in Caracas (Venezuela) and Bogotá (Colombia), a 13 lawyer office in Almaty (Kazakhstan) and a team of lawyers in Moscow to Norton Rose Group.EditorRichard Howley, PartnerNorton Rose LLP, London Australian shipping industry reform Authors: Ernest van Buuren and Melissa TangThe Australian government announced on 9 September 2011 a package of reforms to revitalise the Australian shipping industry and make it more internationally competitive. The intention is to increase the number of Australian ships carrying Australian cargoes.Whilst the reforms will assist in building an Australian shipping industry, if they are not implemented carefully, they may increase costs to shippers and consumers of domestic freight. Overseas ship owners and charterers will also be at risk of losing business as the number of Australian ships carrying coastal and export cargoes increases. Past experience has demonstrated that some overseas owners have been able to maintain and even grow their business within the existing regulatory framework.The proposed reforms are currently planned for implementation in July 2012. This is an ambitious task a year ahead of the Government's initial proposal of mid 2013, but has been fast tracked in response to a rapidly declining and ageing number of Australian ships.The Australian shipping industry has been in crisis for some time, despite substantial and continuing increase in LNG, coal and iron ore exports. Australian coastal shipping has also been in decline. The existing cabotage regime has been criticised as being open to manipulation. The reforms promise to implement the more open and transparent system of cabotage set out in legislation.The Australian government has not yet released detailed information on the proposed reforms and how the reforms will be implemented, but broadly speaking, the package of reforms includes four elements:Tax reformA zero corporate tax rate on qualifying income from shipping for Australian ship owners.An accelerated depreciation rate for Australian vessels of 10 years, rather than current rate of 20 years, to encourage renewal of an ageing fleet.Roll over relief scheme allowing Australian ship owners to defer tax liability arising from gain or profit on the sale of existing vessels, when replacing the vessels with new vessels.A European style PAYE rebate for the shipowner in respect of any seafarer's Australian taxation contributions whilst engaged on international voyages.Royalty withholding tax exemption for vessels chartered by Australian companies on a bareboat charter.In order to receive the tax benefits proposed, the Government has stipulated several conditions, including that vessels must be Australian flagged. Any participant must also commit to providing a minimum training obligation aimed at attracting, training and retaining a skilled seafaring workforce. A ship that elects to be in the regime must remain in the regime for a minimum of 10 years. There will also be a lock out period of 10 years to incentivise compliance with the new rules.Australian international shipping registerThe establishment of a second Australian International Shipping Register aimed at placing Australian companies on an even playing field with international competitors to allow them to participate in international trade.Crew members employed on Australian flag ships registered on the Australian International Shipping Register will not be covered by the Fair Work Act when the ship is engaged in international trades. When Australian International Shipping Register ships are engaged in Australian coastal trades, then all crew, irrespective of nationality, will be covered by the Fair Work Act. All Australian flag ships, whether engaged in coastal or international voyages, must comply with the Maritime Labour Convention.New licensing regimeThis involves the implementation of a three tier licensing regime, namely:General Licence - Australian flagged vessels, holding a general licence will have unrestricted access to coastal trades for a period up to five years at a time.Temporary Licence – foreign-flagged vessels will be able to operate on coastal trades, subject to time, trade and/or voyage conditions, for up to 12 months.Emergency Licence – available for cargo or passenger movements in emergency situations.Workforce skills development.The establishment of a Maritime Workforce Development Forum to build a skilled seafaring workforce and address the current skills gap.The reforms proposed by the Government have come in on the back of a process initiated in 2008 including the commissioning of a parliamentary inquiry into coastal shipping and consultation with industry outlined in a discussion paper published in December 2010. The Government cites economic, environmental and security reasons as the reason for the reforms.The reform package, if implemented properly, has the capacity to encourage more ship owners to base operations in Australia and allow the Australian shipping industry to be more viable and internationally competitive. There are also incentives to increase the number of Australian seafarers. Whether or not this will be the case, is difficult to assess until more detail is released by the Government. We will be following these developments with interest and we will provide further updates in Legalseas (and our regular Shipping Alerts) once more information has been received. Widening the scope of the Equator Principles - what could this mean for the ship finance market? Author: Eleanor MartinThe Equator Principles Association has launched a consultation to consider extending the Equator Principles beyond project financing to apply to corporate loans where fifty per cent or more of the proceeds of that loan are being used to finance a single asset thereby, clearly, bringing such principles into the ambit of shipping and asset financeIntroductionThe Equator Principles are a set of principles designed to ensure that projects are developed in a socially and environmentally responsible way. Financial institutions can voluntarily agree to adhere to the Equator Principles, and by doing so, agree to apply them to all new project financings with total project capital costs of US$10 million or more. Each financial institution which signs up to the Equator Principles (an EPFI) interprets and implements the Equator Principles differently (which has led to inconsistent application) and the EPFIs often then seek to pass on the risk of complying with the Equator Principles to the borrower in loan documentation. As the Equator Principles Association (EPA) is currently considering whether to widen the scope of the Equator Principles to apply to asset finance it is worth considering what this might mean in a shipping context.What does implementation of the Equator Principles involve?As part of an EPFI's internal approval process, it will categorise potential loans based on their perceived level of environmental and social risk. Categorisation is based on the screening criteria of the International Finance Corporation (this is the commercial arm of the World Bank) and the categories include:Category A – Projects with potential significant adverse social or environmental impacts which are diverse, irreversible or unprecedented;Category B – Projects with potential limited adverse social or environmental impacts that are few in number, generally site-specific, largely reversible and readily addressed through mitigation measures; andCategory C – Projects with minimal or no social or environmental impacts.In order to obtain funding for Category A and B projects, a borrower (or external consultant) will need to have conducted a Social and Environmental Impact Assessment (SEIA) which will identify relevant impacts and risks. In addition, borrowers will need to prepare "Action Plans" which set out strategies to mitigate, monitor and manage the impacts and risks identified through the SEIA.The borrower or third party expert involved in Category A projects and some Category B projects will be required to consult with affected communities where the project is located in non high-income OECD countries. The borrower will need to show, to the satisfaction of the EPFI, that a project has adequately incorporated affected communities' concerns.In which type of loans are the Equator Principles implemented now?The Equator Principles are stated to apply to all new project financings with total project capital costs of US$10 million or more. The EPA refers to the Basel II definition of project financing which is "a method of funding in which the lender looks primarily to the revenue generated by a single project, both as a source of repayment and as security for the exposure. This type of financing is usually for large, complex and expensive installations that might include, for example, power plants, chemical processing plants, mines, transportation infrastructure, environment and telecommunications infrastructure…". Many EPFIs take the view that shipping loans fall into the category of "asset finance" and therefore they do not need to apply the Equator Principles in their assessment of the transaction.Changes to the application of the Equator PrinciplesThe EPA recently commissioned a strategic review which highlighted a number of issues and has resulted in certain recommendations. One of the key points is that the definition of "project finance" is interpreted differently across EPFIs. In some cases, the view is that project financings with challenging environmental and social risks are being disguised as corporate loans to avoid application of Equator Principles. The recommendation of the strategic review is to widen the scope of the Equator Principles to apply to corporate loans where fifty per cent or more of the proceeds of that loan are being used to finance a single asset. At present, it is not clear whether that financing would need to be for the construction of that asset or merely related to it.In response to these recommendations, the EPA has launched a consultation process to consider amendments to the Equator Principles. The key dates are summarised below:Phase I – Focused EPA group work and internal discussion on key topics and thematic areas (July – September 2011);Phase II – Consultation period with the EPA membership, preliminary scoping discussions with key stakeholders and initial drafting of a new Equator Principles framework (known as the EP III framework) (September – November 2011);Phase III - Launch of the formal 60 day Stakeholder Consultation and Public Comment Process (December 2011 – February 2012). The EPA will be providing a more detailed timeline for this at a later date; andPhase IV - Finalisation and launch of the EP III framework (target date March 2012).Any formal amendment to the Equator Principles will require a voting process by the entire EPA membership.What this could mean for borrowers and EPFIsIf the Equator Principles apply to shipping loans, each EPFI will need to evaluate the transaction and assess the level of environmental and social risk involved. Depending on the categorisation of the loan, it may be that:Further reports, Action Plans and consultations will be required by EPFIs. This could increase costs for the borrower and lengthen the time period for approvals or satisfaction of conditions precedent.Borrowers are required to give representations, warranties, undertakings and conditions precedent in loan documentation in relation to compliance with SEIAs, Action Plans and environmental laws. There will also be a continuing obligation to provide details of compliance with Action Plans.If an EPFI is planning to syndicate the loan, it will need to ensure that each of the potential syndicate banks agrees to its categorisation of the loan. If not, an EPFI could find that the loan cannot be syndicated without further amendment.In view of the regulation that already exists in the shipping industry it will be interesting to see whether industry players seek to try and limit the application of the Equator Principles to shipping finance transactions and seek to get involved in the consultation process to achieve this. However, with more than 70 financial institutions (representing in excess of 90% of the global project finance industry as at 2009) having signed up to the Equator Principles, and in view of the significant cross-over between shipping and project finance departments in banks involved with offshore shipping finance transactions it may be difficult for borrowers, and other industry players, to entirely avoid them. Information exchange between tax authorities Authors: Angela Savin and Leyla KattanIn these uncertain economic times, there has been a concerted effort by tax authorities around the globe to tackle tax evasion. As part of this, there has been a focus on exchange of information powers which enable tax authorities to send each other information relating to a taxpayer's tax affairs. These powers are the subject of increasing focus as tax authorities are encouraged by their governments to communicate regularly and work together to tackle tax fraud and tax evasion.In this third and final article on tax disputes, we take a brief look at recent legal developments in the field of information exchange between tax authorities. The main provisions are in the relevant EU directives and the relevant OECD measures.The EU recently published two directives which strengthen European tax authorities' abilities to exchange information. The first directive took effect on 11 March 2011, and is designed to improve Member States' administrative cooperation in the field of taxation. The second will take effect on 1 January 2012, and is aimed at establishing a uniform system for the recovery of claims relating to taxes.The perceived need for these directives is based on the increased mobility of taxpayers, the large number of cross-border transactions and the internationalisation of financial instruments - all of which are seen to make it difficult for Member States to assess and recover taxes that are due.Both directives have clear and wide exchange of information provisions which enable Member States to share information which they perceive is "foreseeably relevant" to the administration and enforcement of tax laws. This language is intended to provide for the exchange of information in tax matters "to the widest possible extent", although fishing expeditions are discouraged.A Member State may not refuse to transmit information because it has no domestic interest, or because the information is held by a bank or other financial institution, or by a person acting in an agency or a fiduciary capacity. However, the requested authority is not required to supply information that it would not be able to obtain for the purpose of recovering similar claims arising in its Member State.The directive on the recovery of claims provides a more uniform system of enabling one Member State to ask another Member State to recover a claim for tax. Provided certain conditions are met, the claim must be treated as if it were a claim of the requested Member State.Similar developments are unfolding outside the EU. The Convention for Mutual Administrative Assistance in Tax Matters was developed jointly by the OECD and Council of Europe. However, on 1 June 2011, a protocol to the Convention came into effect. This protocol brings the Convention into line with international standards on information exchange. Over 20 countries have signed the Convention and protocol so far, including the UK, USA, Iceland, Korea and Mexico.The exchange of information provisions in the Convention are intentionally wide, and they contain similar provisions to those seen in the EU directives mentioned above such as the "foreseeably relevant" test, and a provision that an information request may not be declined solely because the information is held by a bank or other financial institution.There are limits to the information that may be exchanged under the directives and the Convention. Under both, a request for information can only be made if:the requesting authority has used all its domestic powers;the disclosure is not contrary to public policy; andit does not involve disclosure of commercial, industrial or professional secrets.Taxpayers should be aware that it is not just multilateral agreements which encourage tax authorities to share information; there are also various bilateral agreements such as double taxation agreements and tax information agreements in place between certain states. Exchange of information provisions in double tax treaties have been around for many years (see article 26 of the OECD Convention). Recently, however, the UK has signed and ratified various tax information exchange agreements with countries such as Belize, Grenada, Liechtenstein and Gibraltar, each with the aim of closing down the benefits of keeping money in tax havens or jurisdictions with banking secrecy laws. These are countries with whom the UK has not had a double taxation treaty.Other ad-hoc bilateral agreements also frequently contain exchange of information provisions; the UK - Swiss agreement ratified in principle in August 2011 which is aimed at taxing funds held by British citizens in Swiss bank accounts, contains information sharing provisions.As many companies increasingly find themselves subject to tax investigations and litigation with HMRC, taxpayers with an international footprint should be conscious about the extent of tax authorities' exchange of information powers. Cargo liquefaction Authors: John Liberopoulos and David McKieIntroductionThe shipment of bulk ore and concentrates cargo with too high a moisture content for safe transportation is a perennial problem and can have tragic consequences. In late 2010, 44 seafarers died in three separate casualties involving the shipment of cargoes which (probably) liquefied. Quite apart from the human cost, the financial cost to shipping runs into hundreds of millions of dollars every year.In the first part of three articles, we examine what cargo liquefaction is, why the problem can arise after shipment, and we highlight steps that can be taken to try to minimise the consequences. The second article in the series from Norton Rose Australia's Dimity Maybury and Melissa Tang will examine a significant difference of international opinion on regulatory requirements for carriage of cargoes which may liquefy. The final article (to follow in a later edition) will consider some of the complex legal issues arising out of the carriage of bulk cargoes which are prone to liquefy.What is liquefaction?All bulk ore and concentrate cargoes are likely to have some moisture content. These cargoes are often open-cast mined, sometimes using water-jetting. They are frequently stored in the open, and in areas prone to heavy rains, prior to shipment, thereby accumulating further moisture. Some cargoes are shipped only in the dry season, but that is no guarantee of safety; a cargo does not have to be obviously wet for it to be prone to liquefy.Bulk mineral ore and concentrates cargoes are made up of fine granular particles. There is a tiny space between each of the particles. That space is filled with either air or water. If the amount of water in these spaces within the cargo is low enough the frictional force between the grains will be sufficient to maintain the cargo in a solid state. However if the moisture content of the cargo reaches a specific level, known as the flow moisture point (FMP), the frictional force will be lost and the cargo will behave as if it were a liquid. In these circumstances it will flow freely.During a sea voyage, the weight of cargo coupled with vibration caused by engines or machinery or the motion of a vessel at sea, particularly in heavy weather, compresses whatever water there is between the fine granular particles. That water is forced out of the spaces between the particles and can flow freely on top of, or between, the particles. When this occurs there can be either a free-surface effect or the whole cargo behaves as if it were liquid. As a result of liquefaction, carrying vessels may suddenly lose stability, and take on a list or even capsize.Carriage of cargoes prone to liquefySolid bulk cargoes which are prone to liquefy are, and should be capable of being, carried safely. P&I Clubs have been issuing circulars on liquefaction for over 20 years (for example the IMO's Bulk Cargo Code has been around since 1981).Currently the International Maritime Solid Bulk Cargoes Code (IMSBC Code) contains the latest internationally agreed requirements for the safe stowage and shipment of solid bulk cargoes. The IMSBC Codehas mandatory application under the Safety of Life at Sea 1974 Convention as from 1 January 2011.Cargoes are split into three types (broader details of which are given in Norton Rose Australia's companion article), namely those which may liquefy if shipped with a moisture content higher than their Transportable Moisture Limit (TML) (Class A), those which possess chemical hazards (Class B) and cargoes which are not Class A or Class B (Class C). Cargoes which are known to have a propensity to liquefy are listed by their Bulk Cargo Shipping Name (BCSN) in Appendix 1 to the ISMBC Code, but cargoes not listed are still covered by the Code.Class A cargoes can be carried only where the moisture content of the cargo is less than its TML. The TML is set at 90 per cent of the FMP. The ship is entitled to demand, and the shipper must supply, accurate details of the cargo's moisture content and FMP. The FMP has to be obtained by laboratory testing and reference to tables for that the type of cargo being shipped.Vessels are required to carry a Document of Compliance issued by the relevant Flag State indicating which classes of cargo the vessel is suitable to carry, and any conditions of carriage which are imposed by the flag state. It is common for the certificates issued for vessels which have not been specifically constructed or fitted for the carriage of cargoes which may liquefy to state that the vessel is designated only to carry cargoes with a moisture content not in excess of the TML.So why do the casualties still occur?The answer is probably a mixture of lack of understanding of the problem, and inadvertent or, occasionally, deliberate misrepresentation of the true nature of the cargo by shippers and others.From our experience of investigating liquefaction casualties and dealing with the legal and insurance issues that result we know that not every Master or Chief Officer is aware of the problem or of the simple "can" or "shake" test that can be performed to check for the risk of cargo liquefaction, despite the test being described in "Thomas on Stowage" and the IMSBC Code.Masters are often not aware of what information they are entitled to receive from shippers under the IMSBC Code; nor are they fully aware of their rights under international carriage of goods conventions to reject or land unsafe cargo. There can be a mistaken assumption that only Class A cargoes present a liquefaction risk. In rare cases, Masters seem to abrogate all responsibility for checking whether or not the cargo being loaded on board is safe.This is not to suggest that the problem is all one way. It is still common for shippers and charterers to use trade names rather than the BCSN. Certificates of moisture content and TML may be inaccurate. It could be that FMP and moisture tests were done at the mine, prior to storage in the open, or on unrepresentative samples, or were not done in accordance with IMSBC Code procedures, or (on rare occasions) have simply been made up. Unfortunately, not every survey certificate can be trusted to be accurate or representative.What might be done in practical terms?The IMO's Maritime Safety Sub-committee on Dangerous Goods, Solid Cargoes and Containers will meet in September 2011 to consider proposals to develop a scheme for ensuring reliable independent sampling, testing and certification of cargoes and enhancing education for ship and shore personnel.The Italian classification society, RINA, has suggested the fitting of strong longitudinal bulkheads under the hatch coamings to port and starboard in alternate holds, and only loading in the space under the hatches. This would reduce the area within which a cargo can flow or suffer a free surface effect.The International Group of P&I Clubs has recently published its suggested Solid Bulk Cargo Clause for use in charterparties. This is a lengthy and complicated clause which re-states, and perhaps enhances, rights that the carrier has under international conventions and seeks to shift all responsibility and liability for carriage of solid bulk cargoes onto the charterer. Transferring liability is one thing but in itself it does not prevent the problem occurring. In this regard the Solid Bulk Cargo Clause includes the sensible practical suggestion that certificates stating moisture content, TML and FMP of the cargo be provided by a laboratory approved in advance by the owner.These measures may take time to implement or be impractical in some situations. While increased regulation, alterations to ship design and use of contractual arrangements can all have a part to play, other commonsense and straightforward steps should not be overlooked.Owners who charter their ships to carry bulk cargoes need to ensure that their Masters and Chief Officers understand the problem of liquefaction as well as the classification of cargoes, and their rights and obligations under the IMSBC Code, the need to perform visual inspections, and the simple "shake" or "can" test that can be done to check before loading whether a cargo is prone to liquefaction, whatever the documentation provided might say. Masters and officers also need to understand that liquefaction can be a risk for all fine particled bulk cargoes, whether or not listed as Class A, and to recognise the importance of level trimming of such cargoes. Owners might also question whether the process of engaging Masters and Chief Officers sufficiently tests their knowledge of the risk of liquefaction and how to deal with it? And while a tick-box exercise is no substitute for the proper exercise of skilled judgment, those on board might benefit if the onshore operations departments provided more detailed or specific loading checklists in relation to liquefaction risks.It may not be possible to get agreement to the Solid Bulk Cargo Clause, and even if this is included it may conflict or contradict with other provisions in the charter. Those in owners' chartering departments also need to understand the shipper's obligation to declare the BCSN and to query the use of trade names, which may (innocently or otherwise) be misleading. Making detailed enquiries prior to fixing charters as to how the cargo has been mined and how it is, or will be, stored and who will undertake sampling and testing, might enable a better assessment of whether or not the cargo can, or should, be carried and, if so, on what terms.As we shall examine in a later article, charterers, shippers and receivers can each have legal responsibility and potentially unlimited liability for the shipment of dangerous cargoes, and the law does not limit "dangerous" cargoes to those listed in the International Maritime Organisation's Dangerous Goods Code. Therefore charterers, shippers and receivers may need to tighten up their own procedures and their sale contract requirements to ensure not only that they are provided with proper and accurate documentation, in order to fulfil their IMSBC Code obligations to the carrier but also that they take steps to verify the information, rather than simply passing on information or relying upon the carrier to carry out tests later. Hull, cargo and liability insurers could also perhaps take a look at whether suitable policy conditions (such as sampling and testing by a laboratory approved by underwriters or owners) or policy exclusions might also assist the industry in improving loss records in this area.Only with concerted effort and the taking of practical steps by all involved in the sale, carriage and insurance of bulk cargoes will it be possible to tackle the problems of cargo liquefaction at sea. Debate continues at IMO, but as our next article shows, there is a divergence of opinion as to what the regulations actually mean - an issue which causes practical difficulties for both owners and charterers. Competent Authorities disagree on assessment of moisture content of solid bulk cargoes under IMSBC Code Authors: Dimity Maybury and Melissa TangSubmissions to be made at the 16th session of the International Maritime Organization, Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) from 19 September 2011 to 23 September 2011 reveal there is an inconsistency as to how the Competent Authorities of France, Japan and Australia determine the classification of some solid bulk cargoes under the International Maritime Solid Bulk Cargoes Code (IMSBC Code). This is an important issue to be resolved as the difference in approach is resulting in the same cargo having to be carried on different types of ships, depending on where the cargo is loaded, in turn creating uncertainty and potential liability for both shippers and ship owners.The IMSBC Code regulates the international carriage of solid bulk cargoes and became mandatory under the Safety of Life At Sea 1974 Convention from 1 January 2011. For cargoes not listed in Appendix 1 to the IMSBC Code, the Code prescribes that the Competent Authority of the loading port under the IMSBC Code will assess whether the cargo proposed for carriage presents hazards as defined under the IMSBC Code.The IMSBC Code defines:Group A cargo as those "cargoes which may liquefy if shipped at a moisture level content in excess of their transportable moisture limit (TML).TML of a cargo which may liquefy is the maximum moisture content of cargo which is considered safe for carriage in standard cargo ships.Group C cargo is defined as consisting "of cargoes which are neither liable to liquefy (Group A) nor to possess chemical hazards (Group B)".In accordance with the IMSBC Code, a Competent Authority that has issued a certificate to the Master of a vessel stating the characteristics and required conditions for carriage of any unlisted cargo is required to submit an application to the International Maritime Organization (IMO) so that the unlisted cargo can be incorporated into Appendix 1 of the IMSBC Code.The submission by the Australian Maritime Safety Authority (AMSA), as the Competent Authority for Australia, suggests that any unlisted cargo with a TML must be categorised as Group A cargo, regardless of whether the moisture content falls below the TML. In other words, AMSA has taken a view that a cargo that has a TML automatically identifies a potential for liquefaction and therefore the cargo must be classified as a Group A cargo. Presumably erring on the side of caution, under AMSA's criteria, no assessment is made whether there is potential for the moisture content to increase because of factors during loading and the intended voyage.In contrast, the French and Japanese Competent Authorities have adopted a more systematic approach, recognising that with certain solid bulk cargo, where the solid bulk cargo has a moisture level content less than its TML at the time of shipment and there is little or no risk that the moisture limit might rise above the TML during shipment, the cargo is to be categorised as Group C cargo. This approach is reflected in many of the scheduled products listed in Appendix 1 of the IMSBC Code, including sulphur and alumina.The interpretative differences between Competent Authorities as to the classification of unlisted solid bulk cargo as either Group A or Group C centres on the issue of whether the relevant factor to be considered is the actual moisture content of the cargo at the time of shipment or whether cargo returns a TML after scientific testing in accordance with the IMSBC Code.The IMSBC Code was introduced to mitigate and avoid incidents of cargo liquefying during carriage causing vessels to capsize due to inadequate precautions being in place to deal with this risk. If there is a risk of the moisture content of a cargo exceeding its TML, there is no suggestion by any Competent Authority that unlisted solid bulk cargoes should not be classified as Group A. Conversely, if there is no evidence that the moisture content of a shipment is likely to exceed its TML, does this warrant it being classed as Group A? It will be interesting to see how the IMO resolves the difference in interpretation by the various Competent Authorities so that both shippers and ship owners are left with no uncertainty as to the type of ships to be used for the carriage of unlisted solid bulk cargoes that may liquefy. When does piracy constitute a total loss? Authors: Richard Milestone, Claire Berwick, Peter GloverThe threat and actual taking of vessels as a result of piracy continues to be a prominent and regular feature in the maritime industry, and one which brings with it a number of practical and legal challenges.We have considered a number of the legal issues in previously published articles and editions of Legalseas including the legality of ransom payments, whether a vessel chartered on NYPE terms is off hire as a result of detention by pirates and what clauses are being drafted into charterparties to address the issue of piracy.Whilst much of the focus has been on response and charterparty issues, we have recently started to see piracy issues feature in ship finance transactions. One example is the issue of how to treat a ship taken by pirates for insurance purposes and whether confiscation by pirates will amount to a total loss for the purpose of the relevant finance documents.As a matter of English law, an actual total loss occurs when insured property is destroyed or damaged such that it ceases to be "a thing of the kind insured"1 or where the shipowner is irretrievably deprived of the insured property. Accordingly, where a ship is captured by pirates and there is still a reasonable prospect of recovering the ship in a repairable condition, there can be no actual total loss.On the other hand, a constructive total loss will occur where the ship is not an actual total loss, but is reasonably abandoned by the shipowner because she is likely to become so as a consequence of the improbability, impracticality or expense of recovery or repair. This would include the shipowner being deprived of the possession of its ship by a peril against which it is insured (which may include piracy) and either it being unlikely that the ship could ever be recovered within a reasonable time or the cost of recovery exceeding the value of the ship once recovered.Where a total loss is deemed to occur under ship finance documentation, the borrower will have an automatic obligation to prepay the outstanding loan (or relevant tranche of the loan relating to that ship). Where a ship has been captured by pirates, lenders will want to trigger this prepayment obligation as soon as possible after the ship has been taken because clearly the mortgage is of limited value whilst the ship is captured. Most ship finance documentation will deem a financed ship to be a total loss after a period of 30 days has elapsed since the ship was seized with the prepayment obligation arising within an agreed timeframe thereafter - this time period is usually a period in the 90-180 day range.The insurance market has, however, responded to concerns by insureds as to when there ceases to be a reasonable prospect of recovery by including a "Detainment Clause" in hull or war risks policies (whichever may be relevant) such that a ship will be deemed to be a constructive total loss if it has been detained for a period of 12 months and there is no realistic possibility of the ship being released. As a result, insurance proceeds for a constructive total loss resulting from piracy will, in principle, not be paid to a shipowner for at least 12 months. Of course, if it becomes clear that there is no hope of recovering the ship before such 12 month period has elapsed (notwithstanding the shipowner's efforts, including the payment of a ransom), the insurer may agree to declare the ship a constructive total loss earlier. However, for the shipowner, it may not be realistic to expect insurance proceeds to be received for at least a one year period. It should be borne in mind that it may be possible to negotiate from underwriters different types of Detainment Clause and hence the detention period could, in particular cases, be shorter or longer than 12 months.A shipowner will clearly prefer to avoid having to prepay a loan following a piracy event until it has received the insurance proceeds from the hull and machinery or war risks insurer. Indeed, the shipowner may not have sufficient available working capital to be able to prepay the loan without relying on insurance proceeds.Clearly this presents a difficulty because there is likely to be a mismatch of expectations between how long a lender will be willing to wait before expecting prepayment (and if payment is not made, ultimately enforcing whatever alternative security to the ship it holds) and whether a shipowner is able to make such prepayment prior to receipt of insurance proceeds.At the documentation stage, depending on its bargaining strength, a shipowner may be able to convince a lender to increase the time period for prepayment after the ship has been detained. As an alternative to demanding immediate prepayment (within the usual prepayment periods mentioned above), a lender who is looking for a workable solution may be willing to consider accepting additional security (for example, a mortgage over an unencumbered vessel) until such time as the insurance proceeds for the ship are paid out by the insurer or the ship is released.With the increasing potential for ships to become victim to pirate attacks, it can be expected that shipowners and their financiers will now regularly have to confront this issue during loan negotiations and it may have interesting implications in the ship finance markets. For example, if a lender was willing to extend the loan prepayment period beyond the usual 30 + 90-180 days period it is perhaps more likely that the lender will require the shipowner to take out, and maintain throughout the loan period, a robust kidnap and ransom (or equivalent) policy to try and reduce the detention period as much as possible.Footnote1. s.57(1) Marine Insurance Act, 1906 Towards a single regulatory system for the Australian offshore petroleum industry Author: Carolyn DearingThe importance of effective offshore petroleum industry control and regulation has been highlighted in recent years by two serious incidents: the blowout from the Montara wellhead platform on 21 August 2009 off the northern coast of Western Australia (Montara Incident) and the explosion of the Deepwater Horizon on 20 April 2010 which drilled on the BP operated Macondo Prospect in the Gulf of Mexico (Macondo Incident).The Montara Incident resulted in the uncontrolled discharge of crude oil into the Timor Sea between 21 August 2009 and 3 November 2009. The Macondo Incident resulted in the loss of 11 lives, 17 injuries and the uncontrolled discharge of crude oil into the Gulf of Mexico between 20 April 2010 and 19 September 2010. Given the impact of these incidents on the environment and local communities, it is unsurprising that they received worldwide media attention and caused significant community concern as to how these types of operations are regulated and whether that regulation is adequate to deal with modern offshore drilling practices.Australian regulation and oversightThe regulation of offshore petroleum activities in Australia is undertaken under a joint arrangement between the Australian federal government and the various States and Northern Territory. This regime divides the offshore area into Commonwealth Waters1 and State or Territory Coastal Waters2.The principal legislation regulating offshore petroleum activities in Commonwealth Waters is the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (Act) and related regulations. Relevantly, the Act imposes a duty on offshore petroleum operators to take all reasonably practicable steps to ensure the facility and its activities are safe and without risks to health.The Act (and other related Commonwealth legislation) is administered by the National Offshore Petroleum Safety Authority (NOPSA). NOPSA's objective is to provide independent assurance that health and safety risks are properly managed. In fulfilling this duty it carries out safety case assessments and inspections to ensure that the operator's risk management arrangements are both adequate and complied with. In carrying out this role, NOPSA collects and summarizes data on the safety performance of the offshore petroleum industry and its own regulatory performance.Increasing rates of incidentsIn 2008 and 2010, NOPSA published its Health and Safety Performance Reports, which indicated that the annual numbers of gas releases and personal injury rates in the offshore petroleum industry were increasing.In 2009 the Australian Federal Government, together with the Western Australian State Government, conducted a joint independent inquiry into the regulation of upstream petroleum operations (Offshore Regulatory Inquiry 2009 (2009 Inquiry)). In its response to the 2009 Inquiry, the Federal Government stated that the increasing rate of accidents indicated there was potential for more severe incidents in the industry (2010 Response).One of the publications that emerged from the 2009 Inquiry was a report titled "Offshore Petroleum Safety Regulation Better practice and the effectiveness of the National Offshore Petroleum Authority" (2009 Report).The 2009 Report observed that offshore petroleum activities in Australia were regulated by many different and sometimes overlapping State and Federal statutes, regulations and directions. As a consequence, the reach and application of those laws and policies to off-shore operations was unclear and inconsistent. The 2009 Report also stated:"Our examination of the regulatory regime has uncovered a confusing mishmash of jurisdictional, legal, process and regulatory interfaces upon which is overlaid poor relationships among regulators. In such an environment, any serious operator shortcomings are far less likely to be found and addressed to reduce the risk of a major accident event."3This problem is compounded by the fact that many different regulators have an interest in the regulation of the industry and their ability to discharge their responsibilities is impacted by the limited resources available to them. Aside from NOPSA, other interested regulators include the relevant State or Territory Minister and that Minister's department4 with responsibility for day-to-day operations, pipelines and subsea facilities in Coastal Waters and environmental aspects of offshore petroleum activities in Commonwealth and Coastal Waters.Consolidation of regulation and a new national regulatorRegionally and internationally, the Montara and Macondo Incidents have raised questions regarding the ability of governments and regulators to approve, monitor and enforce operations that meet the twin goals of protecting human health and safety and preserving the marine environment. The global response has been to review offshore petroleum legislation and processes relating to prevention and response.On 24 November 2010 the Report of the Montara Commission of Inquiry5 was released by the Australian Government (Montara Report). This report was prepared in response to the Montara Incident.6The Montara Report contains 100 findings and makes 105 recommendations which have implications for government, the Federal and State regulators as well as industry. Of these recommendations the Australian Government's final response7 accepted 92 of the recommendations, noted 10 and did not accept 3 on the basis that they were technically inappropriate.As part of its response the Federal Government has committed to:Strengthening the "polluter pays" principle by adding a guarantee in legislation that all costs of responding to a hydrocarbon spill, including scientific monitoring and other damages to the offshore and broader environment, will be met in full by the polluter.Strengthening Australia's objective‐based regulatory regime by clarifying the framework for engagement between regulators and the offshore petroleum industry in responding to any future offshore petroleum incident.Enhancing the environmental assessment processes used by applying additional checks for offshore petroleum activities in Australian waters.The establishment of a single national regulator for offshore petroleum, mineral and greenhouse gas storage activities - the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA)Against this background, on 16 November 2010, the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Miscellaneous Measures) Act 2010 was passed. This legislation consolidated Australia's health and safety regulation for offshore petroleum operations and clarified NOPSA's role as the primary regulator for offshore petroleum activities by increasing its powers and efficiency. It extended NOPSA's regulatory responsibilities to the oversight of the entire structural integrity of petroleum facilities (including pipelines), wells, and well related equipment in Commonwealth Waters, as well as the assessment of Well Operations Management Plans and individual well activities.8In the February 2011 issue of its newsletter "the Regulator", NOPSA stated that it has commenced recruitment of additional inspectors to support its new regulatory responsibilities for well operations and well integrity and is recruiting communication and human resource professionals.On 25 May 2011 the Federal Government put forward the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011 (Bill). If passed in its current form the Bill will:create a new national offshore petroleum regulator, to be called the National Offshore Petroleum Titles Administrator (NOPTA). This will replace the seven "Designated Authorities" which currently regulate offshore petroleum in Commonwealth waters. The Joint Authority (which currently consists of the Australian Government minister and relevant State or Territory minister responsible for offshore petroleum regulation) will be retained to make key title decisions. NOPTA's role will include administering titles, collecting data relating to petroleum and greenhouse gas storage activities, approval and registration of transfers and dealings, maintaining the registers of titles and making recommendations to the Joint Authority on key title decisions. In addition, States and Territories will be able to confer their powers over coastal waters on NOPTA if they wish to do so;expand the role of NOPSA and rename it the National Offshore Petroleum Safety and Environment Management Authority (NOPSEMA). Its functions will be extended beyond occupational health and safety and well integrity to include environmental management;ensure sufficient enforcement powers in relation to NOPSEMA's expanded functions; andrevise the financial arrangements existing between the States and the Commonwealth and impose new levies on industry.Both NOPTA and NOPSEMA will be based in Perth, Western Australia, and the Bill provides expressly for cooperation between the two.These two authorities will have jurisdiction over Commonwealth Waters. In relation to the waters extending three nautical miles from the land boundary, the States and Territories may confer their functions and powers on NOPSEMA and NOPTA. In relation to State and Coastal waters, a State or Territory may contract with NOPSEMA for the provision of services.The Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No 2) Bill 2011 (Levies Bill) has also been introduced to amend the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003 (Cth). The Levies Bill is intended to impose new levies on registered holders of offshore petroleum and greenhouse storage titles in Commonwealth waters in order to recover the costs of establishing NOPTA and the expansion of NOPSA's functions to include environmental management. The Levies Bill provides for two types of well levies:an annual titles administration levy, which is payable for each year that the eligible title is in force; andan environment plan levy, imposed when an application is made to NOPSEMA for acceptance or revision of an environment plan.Similarly, within Australia, industry has undertaken a detailed analysis of its processes and practices in relation to well design, integrity and operations and oil spill response capabilities and blow out contingency plans as well as equipment reviews and verification of preventative maintenance requirements and integrity assessments.Legal and operational barriers to sharing equipment and other resources impacted upon industry's response to the Montara Incident. To address this issue, on 11 August 2011, industry members entered into a Mutual Aid Memorandum of Understanding to establish a framework for deploying and sharing equipment and personnel in responding to a significant offshore petroleum incident.The Australian Petroleum Production & Exploration Association (APPEA) has also developed and published a Self-Audit Check List for Australian Offshore Oil and Gas Title Holders as a guideline for use when assessing or auditing a title holder's management system or when developing formal bridging documentation between a title holder and a facility operator.In APPEA's view, effective control and assurance of activities requires monitoring of the title holder's well operation management plan, the facility operator's safety case and associated bridging documents with an increased need for monitoring of risk mitigation and response mechanisms in formal plans to be included in audits and review.The next stepsWhile the Western Australian government remains opposed to the proposed national offshore regulator it has recently entered into a memorandum of understanding with the Federal Government and on 14 September 2011 the legislative package for the establishment of a single national regulator was passed by the Australian Senate. These bills will now be returned to the House of Representatives for approval with the aim of NOPSEMA and NOPTA becoming operational by 1 January 2012.9This is not the end of the story, however. The development of these arrangements is likely to require the Commonwealth reaching agreement with the States and Northern Territory on cost sharing arrangements, the development of uniform procedures, the level and standard of human resources, recruiting arrangements and the working of accountabilities and ministerial reporting lines. These are just some of the issues that may well generate further political debate.Likely impact on those subject to this changing regulatory frameworkAs can therefore be seen, the Australian and international regulatory landscape is undergoing significant change involving the imposition of greater obligations on offshore petroleum operators and contractors, which in turn is impacting on health and safety and environmental liability. This is likely to see increased requirements with respect to corporate governance and management oversight responsibility and an increased focus on managing contractual risk allocation between operators and offshore contractors.Internationalisation of safety and operating standards amongst regulators can be expected in the future. In turn, there is likely to be a move to adopt uniform standards by global players across each jurisdiction, going beyond minimum compliance with laws and regulations in a particular location.Industry can also expect to see greater emphasis being placed upon oversight and monitoring of process safety, drilling operations and the integrity of ageing facilities including:additional multiple levels of control and audit protocol including greater use of third party assurance providers;improved communication systems and enhancements to the process for managing change, including third party contractors as well as active management of contractor recommendations (which should form part of any review); andenhanced reporting lines and company board mandated management systems with an emphasis on line of sight management tools to improve existing monitoring and compliance regimes.In addition to the specific regulatory changes taking place in the Australian offshore petroleum industry, companies also need to be mindful of legislative agendas in other contexts which will also impact upon their business and operations. For example, the introduction of a new requirement for company officers to exercise due diligence to ensure that the company complies with its obligations under the Model Work Health and Safety Act 2009 (Cth).10It is expected that industry members will continue their current efforts to share information relevant to safety procedures and risk management processes and continue to learn from each other in respect to near misses, safety incidents and new technologies.Continuous improvement and self criticism, together with meaningful engagement with government, regulators and the general public, offers the best chance of both reducing the costs of regulation and the risks of oversight as well as improving safety standards and public perception of the industry.Footnotes1. 3 nautical mile baseline to 200 nautical miles of Australia's Exclusive Economic Zone2. Up to 3 nautical miles from the state or territorial sea baseline3. Kym Bills and David Agostini, Offshore Petroleum Safety Regulation, Better practice and the effectiveness of the National Offshore Petroleum Safety Authority, Commonwealth Department of Resources, Energy and Tourism, 2009 at page xi4. For example, Western Australian Department of Mines and Petroleum and the Northern Territory Department of Resources5. Commissioner David Borthwick, Report of the Montara Commission of Inquiry, Commonwealth of Australia, June 20106. The Commission of Inquiry was established under Part 9.10A of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)7. Final Government Response to the Report of the Montara Commission of Inquiry8. Through the Offshore Petroleum and Greenhouse Gas Storage (Resource Management and Administration) Regulations 2011 (Cth)9. http://minister.ret.gov.au10. section 27. 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Each May, cash awards for civic engagement are given to graduating seniors. A committee made up of faculty, staff, and community representatives will select the award recipient(s) each spring.
The committee looks for students who have made a significant contribution of time and effort in the community, and provided leadership to their peers. Past winners have been able to articulate what they have learned from their experiences, as well as what the community gained. These are endowed awards, which means they have specific criteria determined by the donors.
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An award given to a graduating senior with distinguished work in interdisciplinary studies in physical, mental, and emotional wellness, active in community service, working with the elderly, and planning a career dedicated to helping others. 2016 prize awarded to Ngoc Nguyen.
George Stanley Arthur Prize for Community Service
Established by Andrew William Arthur, Class of 1983, and his father, Robert Arthur. Awarded to a graduating senior who best exemplifies Macalester College's historic tradition of service to the community and is in good academic standing. The form of community service may take different forms, and it is preferred that the recipient have a grade point average of 3.7 or higher. 2016 prize awarded to: Paige Moody, Rachel Ozer-Bearson and John Stark.
2016 Recipients
Paige Moody
Ngoc Nguyen
Rachel Ozer-Bearson
John Stark


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CACTUS - There were two pregnant woman sheltered among the 40 or so people hiding in the basement. Children were crying. Hailed thundered against the home.
Everyone prayed.
As winds up to about 130 mph hammered Francisco Carrasco's brick-and-mortar home along Glennis Avenue in Cactus, no one knew what was happening above them.
All they knew was a tornado was barreling toward them, as hail and winds pummeled the home. Then it all subsided.
Silence fell across the group.
"When we felt our ears pop, we knew it was a tornado," said Luis Alarcon, 20, who hid inside Carrasco's basement with his mother, Arminda Alarcon, 44.
When Luis Alarcon walked outside to see what houses still stood, he didn't see anything. Every building and home along the small street was smashed into rubble.
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His home was among them.
"I am sad because I've lived here my whole life," Alarcon said. "And now we are going to have to start over."
The tornado struck Saturday night, injuring 14 people, including one person who was last reported to be in critical condition. The twister destroyed or damaged at least one-third of Cactus, according to city officials.
But the number of injured could have been higher had Carrasco's neighbors stayed in their own homes as the tornado swept across the city.
A citadel in Cactus
When Carrasco built his home in Cactus, he told his neighbors they could seek shelter in his basement if a tornado ever struck the town.
"When everyone heard the (tornado alarm), they went there," Alarcon said.
As Carrasco stood outside his damaged home, he saw his neighbors salvaging anything they could among their own pile of rubble. He invited his neighbors into his basement because it was a "helping hand for everyone."
"Thank God I could help people and there was no loss of life," Carrasco said.
Finding shelter
When Elizabeth Pena heard the news about a tornado heading toward Cactus and heard the rain pelting her father's home, her dad told his family to flee to Carrasco's home.
"My dad told us, 'let's go, let's run,' " she said.
Once inside the basement, Pena said she and her family felt the storm's pressure against their ears and their eyes.
"We were scared," Pena said. "We felt like we could have died. I can't explain how I felt."
After the tornado passed, Pena said people were running, almost knocking each other over to go outside. They clamored to see what had happened to their homes.
Her father's mobile home was destroyed. His truck was laying on top of mangled debris from the home that the tornado didn't blow away.
Pena said she invited the family members at her father's home to stay with her in Etter.
Pena cupped her hand around her mouth and began to cry she thought about how the tornado wrought so much damage, but did not kill anyone.
She then lay her head on a family member's shoulder and wept.
"We have life," Pea said after stifling her emotions.
A difficult five months
The tornado destroyed dozens of homes.
It came just five months after Immigration and Customs Enforcement officers raided the Cactus Swift & Co. meat packing plant Dec. 12, arresting about 295 people. The raid left many children without their parents and has left many still talking about its effects on the town and residents.
Fifty-three workers pleaded guilty to various immigration and identity theft charges last week.
"This little town is living a lot of history," said Luis Alarcon, 20, referring to both the tornado and the raid.
A survivor's story
As the tornado charged into Cactus, damaging grain silos, it tore the roof off Victoria Fierro's dance hall, El Casino Tropical.
But her home, only about 50 feet away, was left relatively unscathed, except for broken windows, said Melissa Morales, 16, Fierro's daughter.
Morales said friends and family called her home warning them to seek shelter because a tornado was heading for them.
"We didn't have time to move because that is when the hail started coming," she said. "We didn't have time to leave. We just stayed at the house and all we could think of was going to a closet."
Morales said the tornado shattered a window inside her home as she ran to a closet in her home. Glass "splattered everywhere," scarring her cheek and arm.
"We don't know if the tornado hit us or went over us," she said.
Both Morales and her mother surveyed damage at their home and dance hall, but they were both uninjured.
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5 Start-ups to Watch Out For in 2014
Image: Bmaximage
1. Ola Cabs
Bhavish Aggarwal was frustrated with the cabs he used. Fortunately, this computer engineer from IIT-Bombay decided to do something about it. He realised that there were fleet operators in Mumbai with abysmal fleet utilisation. Why not bring them under one umbrella and offer customers a reliable and efficient option? Ola Cabs was born with the idea that it would be asset-lite and tech-intensive. A free downloadable app or a phone call is what connects you to the service. Customers can monitor their cabs via GPS. Heat maps tell the company where their cabs are and what demand is like. At present, the service is available in five cities—Delhi, Pune, Banagalore, Mumbai and Chennai—with plans to expand to 10 by the end of next year.
2. Floh.in
For young professionals across India, finding a spouse can often be a daunting challenge. Enter Floh or Find Life Over Here, an invitation-only network connecting singles. (More recently, Floh has started allowing a select number of people who apply to join.) What does one get? Entry costs a flat fee of Rs 7,500 for three months or Rs 15,000 for the whole year. That gives you a chance to buy separate tickets to events and attend them in the company of 'like-minded singles'. At present, the service is available in Mumbai, Delhi and Bangalore.
3. Portea Medical
Serial entrepreneur K Ganesh has defied critics and the law of averages to achieve success and handsome exits in each of the businesses he started. But Portea Medical, the newest and most ambitious bet of him and his wife, could be yet another test of how the two confound critics with their choice of industries and business models. The company, which the two bought out only in July this year, received a venture funding of $8 million from Accel Partners and Ventureast just weeks ago. Portea Medical provides subscription based, affordable home-healthcare plans targeted at elderly people. Its own staff of doctors, nurses and physiotherapists visit homes to provide preventive care and early diagnosis. Visits cost as little as a few hundred rupees, but with over 144 million Indians over the age of 60, that's a multi-billion dollar market.
4. Instamojo
For those of us who want to sell a book or a TV set, the answer is simple. Log on to one of the many sites that sell second-hand goods and you're done. But what if you want to sell an ebook or digital music? Enter Instamojo. Founded by Aditya Sengupta, Akash Gehani, Harshad Sharma and Sampad Swain, the startup is based in Mumbai and Mountain View, California. All a merchant has to do is register and put a link to his digital products. The company has so far signed on 4,300 merchants, most of whom are from India. A small number are from the US, the UK and Canada. Recently, Instamojo received angel funding from Rajan Anandan and Sunil Kalra.
5. Interviewstreet / HackerRankX
Interviewstreet (which is rebranding itself as HackerRankX from 2014) came out of a simple idea by collegemates Vivek Ravisankar and Harishankaran K to create an online platform to conduct mock interviews for campus placements at their college. It led them to conduct online programming tests for companies that wanted to hire software programmers. After being selected by what is arguably the world's most respected startup accelerator programme, Y Combinator, Interviewstreet is today the platform of choice for over 1,000 small and large companies (including Microsoft, Facebook, Amazon and Yahoo!).
Image: Neha Mithbawkar
Check http://schooladmissioninfo.in .A free service for parent community introduced for first time ever providing such admission information while there are either sites that gather data one time which become obsolete, or there are forums where parents have to rely on their peers for such inormation.
RTI when it comes to school is breached and this initiative strives to restore such rights.
x number of Start-ups to Watch Out For in 2014
pls do research and don't stick to few metros in India.
Please have a look at http://www.rentmasti.com/. As renting is gaining popularity, Rent Masti has great potential ahead.
Floh.in - I don't find it too interesting. In my opinion, it doesn't deserve to be in top 5 atleast.
Portea Medical is interesting concept, and I am going to try it out for my oldies.
Instamojo - Why top 5?
Interviewstreet - Love the idea.
Some more research could've made this article impactful..
Care to enlighten us on some of these "innovative" projects that you mention?
I wouldn't exactly term it as lost interest, however, my post rated the article for where i read it.
In regards enlightening on "innovative" projects, I would do so if I get paid like you guys in forbes.
And it still needed two authors! Lol


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The Future of Browser History — Free Code Camp
I've been thinking about this a lot lately. It feels like a user's browser history is an incredibly rich seam of valuable information just waiting to be presented in a more interesting way.
I've been thinking about this a lot lately. It feels like a user's browser history is an incredibly rich seam of valuable information just waiting to be presented in a more interesting way.
This is so cool! The logs of the Indie Web Camp IRC channel visualised as a series of sparklines in the style of Joy Division/Jocelyn Bell Burnell.
This could be a handy replacement for some Google Charts images of graphs. It uses SVG and is responsive by default.
I bet it wouldn't be too tricky to use this to make some sparklines.
This looks a great book of space-related infographics and data visualisation.
Best of all, there are truly interactive versions online.
A nice navigable timeline of historical events from Wikipedia.
What a lovely bit of progressive enhancement—styling data tables to display as charts.
This infographic offers a visual way to explore the various stages of the Earth's history using a 12 hour clock analogy.
A nice little pattern for generating a swish timeline in SVG from a plain ol' definition list in HTML.
Curiosity's journey so far, nicely visualised.
Beautiful visualisations of science and nature.
Made with love by a designer with a molecular biology degree.
A terrific piece of well-illustrated data-driven journalism.
A lovely visualisation that combines two of my loves: space, and the correct use of the subjunctive.
A lovely bit of data celebration from Ravelry on the occasion of their 4 millionth user.
I've said it before and I'll say it again: if you want to see a successful example of a real social networking site, don't look at Facebook; look at Ravelry.
A beautiful real-time visualisation of winds on our planet.
Data visualisations that make no sense.
On the one hand, this is yet another Snowfall clone. On the other hand, the fact that it's responsive is impressive.
A gorgeous interactive visualisation of our local galactic neighbourhood.
A long-zoom data visualisation.
This powerful timeline illustrates how drone attacks have increased dramatically under Obama's administration.
A damning analysis of the Empire's military strategy at the battle of Hoth, complete with illustrations. The comments are good too:
Guys, cut Palpatine some slack. He's still in his first term as Emperor…
A beautiful timelapse visualisation of code commits to Flickr from 2004 to 2011.
I know have a visualisation of my public data in the form of 3D-printed snowflake, thanks to Medaler.
Eight of Jan White's excellent books on graphic design are now available for free online, licensed under CC0 …they're in the public domain now.
All he asks in return is that you might buy one of his books still in print, and maybe make a donation to the Internet Archive.
Jan V. White is a mensch.
A really nice interactive timeline of data from ten years of scrobbling music to Last.fm.
A nice visualisation of Apple's transition From desktop to mobile over ten years, one Daring Fireball article at a time.
Oh, and happy birthday, Daring Fireball.
A nice timeline visualisation of recent history.
Kyle's Matryoshka phones are as cool as they are cute.
Dan writes about how data saved his life. That is not an exaggeration.
He describes how, after receiving some very bad news from his doctor, he dived into the whole "quantified self" thing with his health data. Looking back on it, he concludes:
If I were still in the startup game, I have a pretty good idea of which industry I'd want to disrupt.
A beautiful and disturbing piece of data visualisation. The numbers are quite astonishing.
Explore the shape of the underwater world of internet backbones.
Mashing up Angry Birds and spreadsheets to better visualise project time-tracking.
A stroke of genius: turning money itself into the carrier for infographics on wealth distribution in America.
This is may just be the best thing on the internet about data visualisation and statistics. And sex.
These lovely visualisations of geotagged photos and tweets are almost indistinguishable from aerial views of cities at night.
A dataviz demo of creepiness: displaying the movements of Malte Spitz by correlating her phone activity and web usage.
I really like this idea: one street in Brighton is openly displaying its electricity usage over time.
A very pretty visualisation of tweets on a map using canvas.
The New York subway schedule converted into sound by treating each line as a string.
Visualising the Republic of Letters.
This looks like it could be a good book: a collaborative project to find patterns and stories in the data of one city.
Oh, and the site is lovely and responsive.
Some beautiful pieces of data visualisation.
Visualisations of the history of controversial Wikipedia articles.
A very handy tool for planning intercontinental communication.
A glanceable indication of the current Thames tide, from James Bridle.
A visual representation of each track on the new Girl Talk album.
Telling stories with data — the video.
A beautiful SVG visualisation (with source code) of the Rattle team's experience of dConstruct 2010.
Cute illustration of different content types in HTML (though, personally, I would put sectioning content — section, article, nav, aside — into their own group).
A JavaScript/SVG library for displaying maps in a variety of interesting ways.
New from BERG: superimposing historical events onto familiar landscapes.
Beautiful map visualisations by Aaron Straup-Cope.
Aaron's lovely visualisation of Flickr's shapetiles.
Brian documents his beautiful Geonames SVG maps.
A site on designing with data from the author of Visual Language For Designers: Principles For Creating Graphics That People Understand.
Mike Stenhouse has graphed civilisation longevity: a nice bit of long zoom perspective.
Beautiful mapping visualisations of crime data.
Excellent news: Brian is writing a book.
A thoroughly well-researched and data-heavy blog post ...complete with interactive charts!
Beatles infographics.
This is a gorgeous-looking website. I have no idea what it's about.
The redesign of everyday things.
The geography of musicians.
Matt gets an opportunity to use the Chernoff effect for visualising school data.
Microsoft are trying to patent sparklines. Twunts.
An in-depth study mapping all the permutations in "choose your own adventure" books.
A blog devoted to data visualisation.
Unbelievable 3D visualisation created by extracting common points from millions of pictures on Flickr of Rome, Venice and Dubrovnik. As Matt Haughey would say, "Holy shitballs!"
Table of Condiments That Periodically Go Bad
Jack Schulze goes into detail on the genesis of the wonderful Here & There map/visualisation.
This is the best location visualisation I have ever seen.
A visualisation of Twitter messages designed for display in public spaces. From the mad genius that is Cameron Adams.
A Cederholm-designed site for tracking trends on Wikipedia. Check out the HTML5-based class names.
The Guardian has released a shedload of data for us to play with. Go forth and hack.
"I love this graph because in one small space, it shows the time of Sunrise and Sunset across the entire world throughout all Latitudes throughout the entire year of this tilted planet."
Information Graphics about WWII for WWII magazine and for the book proposal "A Visual Miscellany of World War II".
I can't wait to get my personal annual report from Dopplr! In the meantime, I'll content myself with the very pretty example of Barack Obama's annual report.
A visual real-time simulation that displays the carbon dioxide (co2) emissions, birth rates, and death rates of every country in the world.
Interactive visualizations of what's happening right now.
A collection of network diagrams and visualisations from the simple to the sublime.
A crazy way of viewing news stories courtesy of Brendan Dawes.
The new Radiohead video isn't really a video at all. It's data visualisation. Here you can interact with the data points while the song is playing. I love this.
A tool for generating beautiful visualisations from commits to code repositories.
A really nice interactive infographic from the New York Times.


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shoppers recently viewed this!
Playforever Toys
401 Midi 1 Race Car
- Color:
- orange
Qty: 1
- 1
- 2
Description: Shiny, sleek and modern, these heirloom toys both look and feel amazing! They are just the right size, making it easy for tots to grab and push around. Truly heirloom pieces to be passed down for generations.
401 Midi 1 Race Car features rubber tires and a sleek, elegant frame, this versatile little race car can be used for play as well as for decoration. A Midi Race Car is a perfect, classic gift for the child or business executive in your life.
- Soft rubber tires
- Suitable for ages 3 and up
- Measures 6½"W x 3"D x 2¼"H
- Wipe with a damp cloth
Material: ABS Plastic, Beechwood, Rubber
Brand: Playforever Toys
Origin: United Kingdom


text:
Untitled Document
Welcome to the home of Mostley Crue, North Carolina's Premier Motley Crue tribute band!
We are firm believers in doing shows just like the bad boys of rock would do it. Balls to the wall and no holds barred. For an in your face rock and roll experience you have to see to believe check us out at our next show.


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1113 Tasting Notes
While on vacation, I happened across a small store selling locally-made goods, including a few small bags of Always Summer Herbs' teas. The others were things I expected to dislike, but I did pick up this one due to the cheap price.
The dry leaf smells very much like a Laffy Taffy: sweet, fake banana. Not a bad scent, but definitely not something that I particularly want to have as a tea. Oddly, however, the liquor has no such smell, instead just reminding me of a generic, dull black tea.
As I sip it, I wish that it had captured that Laffy Taffy smell in the taste, because what it turned out to be is much more disappointing. For the most part, it just tastes metallic, although there's a very light touch of raspberry and banana, in both the sipping and the aftertaste. Very disappointing, I'm glad this was only an ounce.
Dry, this seems like a pretty unassuming tea — not surprising, since I tend to think of Ceylon as "normal" black tea. Steeping gets you a nice dark cup with a fairly strong smell, woodsy and almost smoky. I wasn't expecting much based on the dry leaf, but this is getting exciting!
As I sip, I immediately notice that this isn't the least bit subtle in flavor, which is, as usual, a plus in my book. Toasty is definitely a good way to describe it, and I think my earlier declaration of woodsy still applies. It's somewhat astringent, more than I'm personally used to tasting, and almost sour. I'm not getting any of the sweet or berry-ish notes that others apparently are, and in fact it's more bitter than I'd like.
Taking this one for a second steeping, I'm getting a similar albiet milder taste. The bitterness is mostly gone now, but it seems to have taken a lot of the tea's character with it. This time I tried a pinch of artificial sweetener (I don't have the recommended raw sugar and milk), but it seems to mellow out the flavor some more more than anything else. Not a bad cup, though; it reminds me a lot of Twinnings' very basic ceylon.
A very nice choice if you're a fan of strong, full-bodied black tea, especially if you might like to finish off with a milder second steep! I might choose this as a coffee substitute if I needed one, as while it doesn't taste like coffee at all, it offers a similar experience. On a personal level, it's not a favorite due to the bitter and woodlike qualities, but it's lovely for what it is and I might consider getting it again if I wanted a more permanent ceylon in my stash.
This is a very pretty and colorful pre-steep and has a smell and taste that's a good balance of white tea and coconut. It definitely achieves what it sets out to do! Unfortunately, even though I've started really liking coconut as of late, I'm really not very into this particular iteration of it for some reason. Not rating because I feel as though my lukewarm opinion expresses too strong of a personal bias.


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Q: I have had five ferrets, two males and three females. I have two females left, Engelchen (16 months) and Schätzchen (14 months) Schatzi is smaller, but she beats up Engel. Engel takes on really big dogs with no fear. I do not cage my ferrets. They sleep where they want, usually in my underwear drawers under my bed. Schatzi wakes me with a kiss, licking my lips. Engelchen bites my toes or often my heel. I've tried but can't seem to break her of this habit. I will not hurt or imprison her, but I am a diabetic and bites can be/have been dangerous. She never bites my face or hands, and I hug and hold them whenever they seem to want to be held. I've been hospitalized twice with leg infections, and my family is making complaints. Any idea why she bites my toes and hard spots on my feet?
A: I imagine (just my own idea by the way) that our feet are probably the best smell outside of shoes and socks on the body. Anyplace you walked, all the daily smells, and, of course, sweat end up on your feet. All of which make excellent and interesting odors for a ferret. They also move unpredictably, especially under the covers.
Because you won't cage your ferrets at night and you have a health risk, I suggest that you wear slippers. There are some great slipper-socks out there that may help (not with stopping the biting, but with preventing or minimizing the injury).
Your ferrets are also fairly young and may outgrow the behavior as they age, or at least learn to bite less hard.
See all Ferret FAQ questions and answers>>
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