ISS Warns of Foreign Vessel Reporting Requirements

MaritimeProfessional.com
Friday, June 21, 2013

Inchcape Shipping Services (ISS) is advising of foreign vessel casualty reporting requirements following a $75,000 penalty assessment by the U.S. Coast Guard against a cargo vessel for failure to immediately report a marine casualty.


The regulations require immediate notification of reportable casualties to the U.S. Coast Guard (USCG), with a subsequent written notification on ‘Report of Marine Accident, Injury or Death’ form CG-2692 within five days. The USCG penalised vessel had experienced a failure of its main engine and had not reported the casualty for more than 10 hours.


Under the requirements, foreign vessels have to report casualties that occur in the navigable waters of the U.S. (12 NM from baseline), its territories or possessions, or whenever an accident involves a U.S vessel. U.S vessels also have to meet the regulations.


Further regulations also advise that foreign vessels carrying oil in bulk as cargo, or as cargo residue may have to report certain casualties that occur in waters subject to U.S. jurisdiction, including Exclusive Economic Zone (see 46 USC 6101(d)2). Also foreign vessels are subject to the same penalties for failure to report.         


Failure to report a bona fide casualty may result in a civil penalty ($25,000 max.) against the vessel owner, operator, master or person in charge of the vessel and/or Action of misconduct against a U.S. issued license or document for violation of a regulation.


ISS is also advising of requirements regarding notification to the USCG of Hazardous Conditions following the USCG siting a decision by the U.S. Court of Appeals that reinstated a jury verdict that found that a crew’s failure to immediately report a hazardous condition to the USCG amounted to a criminal violation of the U.S. Ports and Waterways Safety Act and the importance of its regulatory requirements.


Under US regulatory requirements Regulation 33 CFR 160.204 defines a hazardous condition as:  “Any condition that may adversely affect the safety of any vessel, bridge, structure, or shore area or the environmental quality of any port, harbour, or navigable waterway of the United States. It may, but need not, involve collision, fire, explosion, grounding, leaking, damage, injury or illness of a person aboard, or manning-shortage.”


Regulation 33 CFR 160.215 also requires that “Whenever there is a hazardous condition either aboard a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or person in charge shall immediately notify the nearest Coast Guard Sector Office or Group Office.”  The initial report should be made either by VHF radio or by telephone.


If the hazardous condition is also a reportable “marine casualty”, the initial report has to be followed up with a written report within five days as required under regulation 46 CFR 4.05-10.  It is deemed that a negligent failure to report a hazardous condition immediately may result in civil penalties being impose, while a wilful or knowing failure to make such a report may result in criminal charges being brought against the Master and the company. If found guilty, the penalties may include a criminal fine of up to $250,000, a prison sentence of up to six years or a term of probation of up to five years.


The USCG recommends that Agents should ensure that all vessel Masters are aware that they must report any hazardous condition to the USCG immediately while in U.S. territorial waters and of the consequences of failing to do so and the requirement of the need to provide the USCG with a written report within five days of the initial notification if the hazardous condition qualifies as a reportable marine casualty.
If there is any doubt as to whether or not a particular circumstance is a reportable hazardous condition it advises that Masters should report the situation immediately to the nearest USCG Sector Office where the incident occurred for assessment.

 

Maritime Reporter March 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Casualties

Body Of Korean Boy Who Raised Alarm On Sinking Ferry Found

The body of a South Korean boy whose shaking voice first raised the alarm that a passenger ferry with hundreds on board was in trouble has been found, his parents believe,

Mitsui Pays $40 Mln Compensation After Seizure

Japanese shipping firm Mitsui O.S.K. Lines Ltd has paid about 4 billion yen ($39 million) in settlement to China as compensation stemming from a wartime contractual obligation,

Explosion Rocks Natural Gas Processing Plant In Wyoming

An explosion on Wednesday rocked a natural gas-processing plant in Wyoming that can churn out about 2 percent of the daily U.S. gas supply, though no injuries were reported.

News

Mitsui O.S.K. Ship Ready To Leave Chinese Port

Japanese shipping firm Mitsui O.S.K. Lines Ltd said on Thursday that its ship, the "Baosteel Emotion" 226,434 deadweight-tonne ore carrier, is ready to leave

Body Of Korean Boy Who Raised Alarm On Sinking Ferry Found

The body of a South Korean boy whose shaking voice first raised the alarm that a passenger ferry with hundreds on board was in trouble has been found, his parents believe,

UASC Introduces New Asia - Europe Network

UASC has introduced its new Asia – Europe Network with three new services (AEC1, AEC3, AEC4), and two enhanced services (AEC8, AEC9). These services will broaden

Coast Guard

Limited US Arctic Commercial Development Foreseen: GAO Report

Decreasing seasonal sea ice has opened up Arctic waters for longer periods with resulting potential economic opportunities in commercial shipping, cruises, commercial fishing, oil, and mining.

Canadian Icebreaker Refit Contracts Awarded

The Canadian Government informs it has awarded a $6.5 million contract to Babcock Canada Inc. for critical refit work for Canadian Coast Guard ship 'CCGS Louis S.

Resolve Maritime Academy to Host 'DC Olympics'

Resolve Maritime Academy informs it is to host the Damage Control (DC) Olympics as an annual event for officers and damage control crew of US Navy and US Coast

Maritime Safety

China Court Releases Japanese Ship After Payment

A Chinese court said on Thursday that it has released a ship owned by Japanese shipping firm Mitsui O.S.K. Lines Ltd, which had been seized in a contract dispute, after the Japanese firm paid up.

Claxton’s Camera Upgrade Puts Crane Safety in Focus

Claxton Engineering Services Ltd, an Acteon company, launched the latest version for its ATEX and safe-area crane boom cameras to improve operational safety through

Safety the Focus as Heavy Lifting Picks Up

Modern heavy lift capabilities are crucial for safe, efficient operations offshore Heavy lift operations offshore are an awe-inspiring feat, but an operation that

Vessels

GulfMark Offshore Records Highest Ever Q1 Revenue

Houston-based GulfMark Offshore President & CEO Quintin Kneen commented on his company's first quarter 2014 financial report: "We recorded our highest first quarter revenue ever,

Canadian Icebreaker Refit Contracts Awarded

The Canadian Government informs it has awarded a $6.5 million contract to Babcock Canada Inc. for critical refit work for Canadian Coast Guard ship 'CCGS Louis S.

Atkins Gain Maersk Oil Engineering Contract

Design, engineering and project management consultancy Atkins, says it has been awarded an engineering support contract covering three of Maersk Oil’s UK assets in the North Sea.

 
 
Maritime Contracts Naval Architecture Navigation Offshore Oil Pipelines Salvage Ship Electronics Ship Repair Ship Simulators Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1621 sec (6 req/sec)