Marine Link
Tuesday, January 23, 2018

33 Cfr News

Proposed Rulemaking on Cruise Ship Terminal Security

The Federal Register Wednesday published the U.S. Coast Guard’s notice of proposed rulemaking amending its regulations on cruise ship terminal security. This proposed rule would standardize screening activities for all persons, baggage and personal effects at cruise ship terminals while also allowing an appropriate degree of flexibility that accommodates and is consistent with different terminal sizes and operations. This flexible standardization ensures a consistent layer of security at terminals throughout the United States.

USCG Requests Charterer Information on NOA Requests Reports

the charterer of the vessel. requirement takes effect September 18. State Control program. requirements, the identity of the individual or organization that contracts for the majority of the vessel's cargo carrying capacity must be listed in the NOA report. The Coast Guard initiated this change to 33 CFR Part 160 in August 2000. However, the change was suspended by the October 2001 temporary final rule on NOA requirements put in place after the September 11 terrorist attacks. CFR Part 160. charterer information.

Nontank Vessel Response Plan Required by January 30, 2014

The "Nontank Vessel Response Plans and Other Response Plan Requirements" (NTVRP) final rule, which was published in the Federal Register on September 30, 2013, requires vessel owners or operators of nontank vessels 400 gross tons and above to prepare and submit oil spill response plans for vessels operating on the navigable waters of the United States by January 30, 2014. Because many of the requirements in the NTVRP final rule are statutory mandates and regulatory constraints on our ability to extend the implementation date…

American Samoa, CG Amends TWIC Rule

The U.S. Coast Guard announced it has submitted to the Federal Register a rulemaking to amend one provision of the Jan. The new rulemaking, which shares the same title as the Jan. 25, 2007 rule, amends the definition of "secure area" in Title 33, Code of Federal Regulations, Section 101.105, to state that facilities otherwise subject to 33 CFR Part 105 located in the territory of American Samoa do not have secure areas for the purposes of the Transportation Worker Identification Credential regulations. This action means that only the facility security officer and facility personnel whose primary employment responsibility is security, will be required to obtain a Transportation Worker Identification Credential per 33 CFR Sections 105.205 and 105.210.

Beta Version of Electronic Notice of Arrival/Departure

The USCG National Vessel Movement Center (NVMC) issued a Notice stating that it is releasing the beta version of the XML schema for the Electronic Notice of Arrival/Departure (eNOA/D). This version includes the fields necessary to meet both USCG (33 CFR Part 160) and USCBP (19 CFR Part 4) requirements. The schema is being provided now in order to allow industry developers time to incorporate USCG and USCBP reporting requirements into their business processes, if they so desire. The NVMC is not yet ready to accept submissions based on this schema. The implementation date will be announced in the near future. (HK Law).

Barge Fleet Lighting

Within the U.S. Coast Guard Eighth District alone, marine casualty data indicates that over the past 12 years, 44 recreational vessels have struck (allided) moored barges within barge fleets, resulting in 26 fatalities and 44 injuries. These serious incidents involving barges highlight the critical need for barge operators to properly display navigation lights in accordance with the Inland Navigation Rules. As with all marine casualty investigations, the Coast Guard seeks to identify the specific causal factors involved in each incident, including whether the involved barge fleets are sufficiently lit. The Coast Guard would like to take this opportunity to remind barge operators of their obligation to meet current barge lighting regulations.

Column: Maritime Security Regulations Published

On July 1, 2003 the Coast Guard published in the Federal Register the long anticipated regulations concerning maritime port and vessel security. This is a major rulemaking printed in seven separate individual rulemakings. These rulemakings concern compliance with provisions of the Maritime Transportation Security Act of 2002 (MTSA) and implementation of the International Maritime Organization's (IMO's) International Ship and Port Facility Security (ISPS) Code. The regulations incorporate the ISPS Code into the domestic maritime trade. The ISPS Code applies to all port facilities and vessels (MODUs, cargo & passenger vessels subject to SOLAS) in international trade. Any vessel not on the above list must still comply with the new security provisions of 33 CFR Parts 101 and 103.

Seaway Pre-Entry Notification Required

On March 4, the Great Lakes / St. Lawrence Seaway System issued a notice stating that all foreign flagged vessels intending to transit the Seaway must submit a complete Notice of Arrival (NOA) 96 hours prior to entering the Seaway at Call In Point 2 (CIP 2). The NOA must be provided electronically following the USCG National Vessel Movement Center’s (NVMC) procedures and using either a website (http://www.nvmc.uscg.gov), eXtensible Markup Language format (XML schema), or InfoPath application. To complete the NOA correctly for the Seaway, CIP2 shall be selected as the Arrival Port, Foreign to Saint Lawrence Seaway shall be selected as the Voyage Type, and Saint Lawrence Seaway – Transit shall be selected as the Arrival State, City and Receiving Facility. As a reminder, if calling on a U.S.

MARAD Seeks Comments on Proposed Policy for Deepwater Export Applications

The Maritime Administration (MARAD) is seeking comments on the agency’s proposed policy to accept, evaluate and process license applications for the construction and operation of offshore deepwater export facilities. The agency is proposing to use the existing Deepwater Port License regulations, found in 33 CFR Parts 148, 149 and 150, for such purposes. However, due to the considerable technical, operational, and environmental differences between import and export operations for natural gas or oil projects, a separate and complete license application, conforming to all licensing requirements and regulations, is required for export applications. The Federal Register Notice may be viewed at https://federalregister.gov/a/2014-24609  

USCG Removes Conditions of Entry for Cuba Bound Vessels

The U.S. Coast Guard (USCG) announced last week the removal of Conditions of Entry on vessels arriving from Cuba. Following a comprehensive assessment, the USCG has determined that Cuba meets the International Ship and Port Facility Security (ISPS) Code requirements established by the International Maritime Organization (IMO) and has effective security measures in their ports. Vessels arriving to the U.S. are no longer required to employ additional security measures while in Cuban ports. Conditions of Entry related to Cuban ports were originally imposed in 2008. All U.S. immigration policies remain unchanged and the Office of Foreign Assets Control travel restrictions remain in effect.

Seebald Wins Port Authority Bid for Security Officer Training

Buffalo, N.Y. – Seebald and Associates International announced that they have been awarded a two- year contract with the Port Authority of New York and New Jersey (PANYNJ) to provide Facility Security Officer (FSO) training to approximately 400 individuals throughout the Port of New York and New Jersey. All Facility Security Officers (FSO) and alternates for companies which own or operate a designated 105 facility are required by law to be trained in accordance with 33 CFR 105. Seebald and Associates International has taught their MARAD Certified course to over 2000 individuals throughout the United States and is recognized in the Maritime Security Field. Its instructors have decades of experience in the Maritime Security as Coast Guard Officers and professional instructors.  

MARSEC Level Increased

As of April 15, 2013, the Captain of the Port of Boston has raised the MARSEC Level to MARSEC level 2 within the COPT Boston zone. Each owner or operator of a vessel or facility required to have a security plan under 33 CFR Parts 104 or 105 must notify the COTP at (617) 223-5242 within 12 hours of receipt of notification that measures or actions described in their security plan and any other requirements that may be imposed by the COTP that correspond with MARSEC Level 2 have been attained. Due to this heightened level of security, regulated vessels and facilities under the authority of the COTP and all maritime partners are asked to be aware of the higher threat conditions and to increase protective measures.

Ten Most Frequently Observed Towing Vessel Deficiencies

The U.S. Coast Guard’s Towing Vessel National Center of Expertise (NCOE) recently conducted an analysis of all deficiencies recorded by CG field personnel while Examining “uninspected towing vessels” (UTV) under the Towing Vessel Bridging Program and through other activities. The purpose of this analysis was to provide information and visibility on the most common UTV deficiencies list to share with UTV owner/operators in order to assist them in identifying and correcting common problems. In May of this year, they issued a comprehensive list that workboat operators – no matter what sector in which they operate – will find enormously helpful.

ProStar Publications 2011 NOAA Tide & Current Tables

ProStar Publications, Inc. announced that the 2011 NOAA Tide & Current Tables are now available for sale. These six volumes cover all navigable waters for commercial and recreational boaters and no information has been abridged or altered. Tide and Tidal Current data continue to be updated, generated by NOAA/NOS Service. The printing and distribution in book-form has been done by ProStar Publications, Inc since 1996. ProStar Publications, Inc. titles include all U.S. Sailing Directions, U.S.C.G. Light Lists, Navigation Rules (International & Inland), NOAA Tide & Tidal Current Tables, Code of Federal Regulations (CFR’s), Boating Almanacs and the U.S. Notice to Mariners on a weekly basis. ProStar also publishes and distributes numerous recreational titles.

Training: Maritime Security Professional Training

Port facilities and Shipping companies are rushing to comply with new international and national maritime security requirements. The ISPS (International Ship and Port Security) and the U.S. maritime security requirements mandate security assessments, plans and training of security personnel. The Maritime Institute of Technology (MITAGS) and its satellite school, the Pacific Maritime Institute (PMI) offer training for port facility, shipping company and ship security officers. MITAGS/PMI is now offering training for Maritime Security Professionals.The ISPS Code, the Maritime Transportation Security Act (MTSA) of 2002 and in the Code of Federal Regulations (CFR) mandate training for port facility personnel with specific security duties.

USCG Approves first Ballast Water Management System

USCG Approved 500 Unit Photo Optimarin

The U.S. Coast Guard issued the first U.S. type-approval certificate for a ballast water management system Friday. The Coast Guard Marine Safety Center issued the certificate to Optimarin after its application for U.S. type approval was reviewed and determined to meet the requirements of the Coast Guard’s type approval requirements contained in 46 C.F.R. § 162.060. While this certification provides vessel owners and operators with a type-approved system to meet the ballast water discharge standard, there are other ways that vessels can comply with U.S. ballast water management regulations.

USCG Issues Fines for Tank Response Plan Noncompliance

The Coast Guard has issued monetary penalties to three vessel operators in violation of federal regulations related to tank vessel response plan requirements. The vessels Pacific Galaxy, operated by Synergy Maritime PET, Tamar, operated by MTM Ship Management, and Yayoi Express, operated by MOL Tankship Management, have been issued a monetary violation for noncompliance with Title 33 Code of Federal Regulations Part 155 Subpart D in Alaska. Vessel operators can face penalties of up to $11,000 per violation, per day. Tank vessels bound to or from a U.S. port and transiting through the Western Alaska Captain of the Port zone must have…

Tank Vessel Response Plan: Alaska Violators Fined

The vessels Pacific Galaxy, operated by Synergy Maritime PET; Tamar, operated by MTM Ship Management, and Yayoi Express, operated by MOL Tankship Management, have been issued a monetary violation for non-compliance with Title 33 Code of Federal Regulations Part 155 Subpart D in Alaska. Vessel operators can face penalties of up to $11,000 per violation, per day. Tank vessels bound to or from a U.S. port and transiting through the Western Alaska Captain of the Port zone, remind the US Coast Guard, must have an approved geographic specific appendix in their vessel response plan for Western Alaska prior to transiting or operating within the COTP zone if carrying oil in bulk as cargo or oil cargo residue.

Balpure BWT System in CG Evaluation Program

The S/R American Progress, a 575-ft, 30,000-gross-ton, double-hull U.S. flag tank ship, operated by SeaRiver Maritime, Inc., has been accepted into the United States Coast Guard’s Shipboard Technology Evaluation Program (STEP) to demonstrate the use of and collect data on the effectiveness of the Severn Trent De Nora BALPURE® ballast water treatment system. In its acceptance letter, the Coast Guard stated the ship “has an accepted means of compliance with Ballast Water Management regulations found in U.S. The United States Coast Guard established the STEP program in 2004 to promote the development of alternatives to ballast water exchange as a means of preventing invasive species from entering U.S. waters through ships’ ballast water.

USCG Operation Clean River

Coast Guard Marine Safety Unit Portland, Ore., conducted Operation Clean River, a large-scale operation to ensure environmental compliance onboard commercial deep draft vessels, Wednesday, Jan. 19. Clean River covered both the Columbia and Willamette Rivers in an effort to examine all vessels that were currently moored or anchored from Portland downriver to Longview, Wash. Specifically, the Coast Guard’s Port State Control Branch verified vessel compliance with both international and domestic regulations found in MARPOL 73/78 and 33 CFR 151, 155 and 157, respectively. MARPOL 73/78 is the International Convention for the Prevention of Pollution from Ships and is one of the most important international marine environmental regulations designed to minimize pollution of the seas…

CG Clarifies Pre-Fire Plan Requirements

In a letter dated 3 June 2010, to MRA Director Captain Scott Powell, the U.S. Coast Guard (USCG) clarified its position on how a plan holder can comply with the pre-fire plan requirements found in 33 CFR Part 155 (Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil). The letter was in response to a request submitted by the MHR on behalf of MRA. “Simply put, the submission of a SOLAS fire control plan does not, in itself, satisfy the intent of 33 Code of Federal Regulations (CFR) Part 155.4035 (b) (1). “A SOLAS fire control plan is only part of an acceptable pre-fire plan submission submitted to the Coast Guard.

Intertanko Develops Format for Reporting Inadequate Reception Facilities in U.S.

Intertanko, in coordination with the U.S. Coast Guard (USCG), has developed a format for reporting problems encountered with port reception facilities (or inadequate port reception facilities) in the United States. The USCG recommends that an inadequate port reception facility in the U.S. should be reported immediately to the local Captain of the Port (COTP) as recommended in 33 CFR 158.167. If that is not possible, or preferred, this format may be used and submitted to our INTERTANKO North America office at (fax) +1 703 841-0389. Upon receipt of these reports, the Secretariat will submit them to USCG Headquarters for their further investigation.

CG Adv Notice of Proposed Rulemaking, TWIC

In March 27, the U.S. Coast Guard announced the Federal Register's publication of an advance notice of proposed rulemaking entitled "Transportation Worker Identification Credential (TWIC) — Reader Requirements." This advance proposed rulemaking discusses the federal government's preliminary issues on potential requirements for owners and operators of certain vessels and facilities regulated by the Coast Guard under 33 CFR Chapter I, subchapter H, for use of electronic readers designed to work with Transportation Worker Identification Credentials as an access control measure. The notice also indicates additional potential requirements associated with Transportation Worker Identification Credential readers…

Maritime Reporter Magazine Cover Dec 2017 - The Great Ships of 2017

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