[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Notices]
[Pages 33455-33456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16127]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD 97-026]
Equivalency of Caribbean Cargo Ship Safety Code
AGENCY: Coast Guard, DOT.
ACTION: Notice of policy determination.
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SUMMARY: The Coast Guard is announcing the Commandant's policy
determination that the fittings, materials, appliances, apparatus,
equipment, and provisions encompassed in the new vessel provisions of
the Caribbean Cargo Ship Safety Code are at least as effective as those
such items required by 46 CFR Subchapter I. Accordingly, the Commandant
has determined that any freight vessel less than 500 gross tons flagged
by a foreign country, and operating in the Caribbean region, that
complies with the new vessel provisions of the Caribbean Cargo Ship
Safety Code is deemed in compliance with the similar provisions of 46
CFR Subchapter I.
DATES: This policy determination is effective July 1, 1997.
ADDRESSES: The Executive Secretary maintains the public docket for this
notice. Documents identified in this
[[Page 33456]]
notice, will become part of this docket and will be available for
inspection or copying at room 3406, U.S. Coast Guard Headquarters,
between 9:30 a.m. and 2 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
LCDR Carter, c/o Commander(m) Seventh Coast Guard District, Miami FL
(305) 536-6535.
SUPPLEMENTARY INFORMATION:
Background
The Senate report to the 1994 Department of Transportation and
Related Agencies Appropriations Bill gave the Coast Guard firm
direction on how to eliminate substandard ships from U.S. waters. The
Seventh Coast Guard District's effort focused on foreign flag freight
vessels less than 500 gross tons because these vessels met no
recognized safety standards which resulted in a highly disproportionate
need for Coast Guard services, including: Rescue, Law Enforcement,
medical evacuations, pollution, and investigative assets expended in
incidents related to this relatively small number of vessels.
In May 1994, the Seventh Coast Guard District began its ``Operation
Safety Net'' program. Upon initiation of the program, 238 freight
vessels of less than 500 gross tons flagged by a foreign countries were
identified as calling within the Miami Marine Safety Office's area of
operations, and 130 such vessels were identified as calling in the San
Juan Marine Safety Office's area of operations.
Realizing that the summary application of 46 CFR Subchapter I,
which applies to cargo vessels of less than 500 gross tons, might
entirely exclude these vessels from U.S. trade with no advance warning,
an interim inspection program was created using a checklist which
focused on firefighting, lifesaving, and crew requirements. The Coast
Guard began to inspect all vessels in this class during June 1994.
Vessels that did not meet these minimum requirements were detained by
the Coast Guard Captain of the Port until deficiencies were corrected,
or they were allowed to leave the U.S. without loading or discharging
cargo. In June 1994, vessel owners were also informed that as of July
1, 1997, they would no longer be permitted entry into U.S. waters
unless they met minimum construction and safety standards.
Coincident with this program was the development of the Caribbean
Memorandum of Understanding on Port State Control (Caribbean MOU),
which was drafted under the sponsorship of the International Maritime
Organization. A working group of countries signatory to the Caribbean
MOU drafted the Caribbean Cargo Ship Safety Code (Code). Countries
party to and/or signatory to the Caribbean MOU and consequently
signatories to the Code include:
Anguilla
Antigua & Barbuda
Aruba
Bahamas
Barbados
British Virgin Islands
Cayman Islands
Dominica
Grenada
Guyana
Jamaica
Montserrat
The Netherlands Antilles
Suriname
Trinidad & Tobago
Turks & Caicos
Determination
The Coast Guard reviewed the Code and determined that, with a few
additions and modifications, it could be used as the basis for the
inspection of these non-SOLAS vessels. These additions and
modifications were proposed and accepted in a January 1997 meeting with
the group drafting the Code.
The acceptance of these changes and the use of this Code by the
Coast Guard in inspecting foreign freight vessels less than 500 gross
tons operating in the Caribbean region represents a significant step
toward harmonizing vessel inspection standards in the Caribbean region
and in raising the standards of these vessels which trade in U.S.
waters. Consequently, in accordance with the provisions of 46 U.S.C.
3303(a) and 46 CFR 90.15-1(a), the Commandant has determined that, for
the limited purpose of inspecting freight vessels less than 500 gross
tons flagged by a foreign country, that operate in the waters of the
Seventh Coast Guard District, compliance with the new vessels
provisions of the Code is equivalent to compliance with similar
provisions of 46 CFR Subchapter I.
Implementation
Following this determination, and in an effort to enforce stricter
safety requirements within U.S. ports while at the same time limiting
adverse effects on commercial shipping, the Coast Guard anticipates
implementation of a two-phase enforcement program.
During phase one which commences on July 1, 1997, freight vessels
of less than 500 gross tons flagged by a foreign country, desiring to
enter Seventh Coast Guard District ports, will have the option of
meeting U.S. regulations for freight vessels or the equivalent standard
under the Code. As the Code is implemented, the Coast Guard will
continue working with those vessels that have made good faith efforts
toward compliance. Those vessels that have not worked toward compliance
or have no reasonable expectation of being able to meet either
standard, will be excluded from trading in Seventh Coast Guard District
ports on July 1, 1997. Determination in this regard will be made on a
case-by-case basis by the appropriate Coast Guard Captain of the Port.
Vessels that do not possess an International Loadline Certificate (i.e.
new vessels under 79 feet or existing vessels under 150 gross tons)
will find it very difficult to meet the international standards under
the Code for construction, safety, and stability. This is, in part, a
recognition that these vessels were never envisioned to engage in
international high seas trade.
During phase two which commences on January 1, 1998, vessels
trading to U.S. ports within the Seventh Coast Guard District must have
a flag state certificate attesting to compliance with the new vessel
standards of the Code. Alternatively, a foreign flagged freight vessel
less than 500 gross tons operating in the Caribbean region may submit
to an inspection by the Coast Guard, leading to the issuance of a
Certificate of Inspection, that will authorize limited service in U.S.
waters. The basis for the inspection will be the standards contained in
the Code, unless inspection under U.S. regulations is requested.
The acceptance of these Certificates and the inspection of freight
vessels less than 500 gross tons flagged by a foreign country under
this Code represents a significant step in the reducing the number of
substandard ships trading in U.S. waters and is an important
recognition of a developing international standard for vessels less
than 500 gross tons operating in the Caribbean and U.S. waters.
Dated: June 12, 1997.
Robert E. Kramek,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 97-16127 Filed 6-18-97; 8:45 am]
BILLING CODE 4910-14-M
