[Federal Register: June 21, 2004 (Volume 69, Number 118)]
[Notices]
[Page 34383-34384]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn04-67]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[USCG-2004-17615]
Enforcement of SOLAS Requirements
AGENCY: Coast Guard, DHS.
ACTION: Notice of policy.
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SUMMARY: The Coast Guard is issuing this notice to inform U.S. flag
vessels in foreign ports that should be meeting International
Convention for Safety of Life at Sea, 1974, (SOLAS), requirements, that
we intend to more strictly and consistently enforce our regulations
requiring SOLAS compliance. This enforcement notice is intended to warn
such vessels to take steps to come into compliance and avoid the
consequences of non-compliance.
DATES: Effective June 21, 2004 Comments and related material must reach
the Docket Management Facility on or before September 20, 2004.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2004-17615 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Web site: http://dms.dot.gov.
(2) Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., Washington, DC 20590-0001.
(3) Fax: 202-493-2251.
(4) Delivery: Room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
FOR FURTHER INFORMATION CONTACT: For questions on this notice, please
contact Lieutenant Commander Martin Walker, Project Manager, Office of
Compliance (G-MOC-1), U.S. Coast Guard Headquarters, telephone 202-267-
1047. If you have questions on viewing or submitting material to the
docket, call
[[Page 34384]]
Ms. Andrea M. Jenkins, Program Manager, Docket Operations, telephone
202-366-0271.
SUPPLEMENTARY INFORMATION:
Background and Purpose
On April 6, 2004, we published a notice entitled ``Interpretation
of International Voyage for Security Regulations'' (69 FR 17927) to
clarify how we will interpret a security regulation (33 CFR 104.297)
requiring U.S. flag vessels on international voyages to comply with the
International Ship and Port Facility Security Code (ISPS) of the
International Convention for Safety of Life at Sea, 1974, (SOLAS).
Enforcement of the new SOLAS ship security requirements cannot be
separated from the longstanding obligation of the U.S. to ensure
compliance with SOLAS ship safety requirements by U.S. flag vessels
engaged on international voyages.
It is in the best interest of marine safety and security to apply
all SOLAS standards consistently. To this end, the Coast Guard is
publishing this Notice of Policy to avoid potential misunderstandings
in how we will enforce longstanding SOLAS safety requirements as we
begin implementation of the new SOLAS security requirements.
The notice we published on April 6, 2004, entitled ``Interpretation
of International Voyage for Security Regulations'' (69 FR 17927) did
not change the definition of ``international voyage'', either in our
regulations or in SOLAS. It said, in part, that, each voyage of a U.S.
vessel originates in United States waters, regardless of when the
voyage actually began.
Considering this interpretation of voyage, a U.S. flag vessel that
has ever been in U.S. waters, which operates from a foreign port, is on
an international voyage that originated at some time from a U.S. port.
Therefore, all U.S. flag vessels that meet the applicability standards
of SOLAS, and operate in foreign countries, will be required to comply
with ISPS by July 1, 2004. Additionally, during the period of ISPS
implementation, if we discover U.S. flag vessels operating on
international voyages that are not SOLAS safety compliant--that is,
vessels that do not have all appropriate SOLAS documentation--we will
require those vessels to meet all applicable requirements to obtain
those documents.
Some vessels, however, will not be affected by this interpretation
of the term ``voyage.'' Vessels that received a SOLAS exemption
certificate (SOLAS Chapter 1, Regulation 4(a)) granting permission from
the Coast Guard to make a single voyage from the United States to a
foreign country, and then operated solely within the waters of that
foreign country are, at this time, not being required by the Coast
Guard to be SOLAS safety compliant. Nonetheless, we can make no
assurance that other parties to the SOLAS Convention will accept this
continuing interpretation and may take port state action as they deem
appropriate. Vessels in this situation will not be affected by the
Coast Guard's interpretation of the term ``voyage.'' However, the Coast
Guard is considering a regulation change for the future, which may
apply SOLAS safety requirements to these vessels, but will not do so
without notice and an opportunity for comment. Owners or operators of
vessels of this description, or of other vessels deserving special
consideration, should contact the cognizant Officer in Charge, Marine
Inspection (OCMI) so that the OCMI may consider the facts and
circumstances related to those particular vessels.
By way of example, we consider U.S. vessels in foreign waters that
fit the following descriptions to be on an international voyage. Thus,
owners and operators of these vessels that meet the applicability
standards of SOLAS, and operate in foreign countries, should not
inadvertently believe they are exempt, either from the safety or
security requirements of SOLAS.
1. Vessels that did not previously receive a SOLAS exemption
certificate (SOLAS Chapter 1, Regulation 4(a)) granting permission from
the Coast Guard to make a single voyage from the United States to a
foreign country, even though they may now be operating solely within
the waters of a foreign country.
2. Vessels that have engaged in any voyage from their country of
operation, to a port in another country, without complying with all
applicable SOLAS requirements.
3. Vessels that failed to operate within the conditions or any
other specific requirements of a SOLAS exemption certificate previously
issued by the Coast Guard.
Each of the scenarios in ``1'' thru ``3'' above, describe vessels
that are on an international voyage. Thus, once within the waters of a
foreign country, those vessels have been, and are, required to comply
with all applicable SOLAS safety requirements.
Comments and Viewing Documents Referenced in this Notice
If you wish to submit comments regarding this notice, please send
them to the Docket Management Facility at the address under ADDRESSES.
All comments received will be posted, without change, to http://dms.dot.gov
and will include any personal information you have
provided. We have an agreement with the Department of Transportation
(DOT) to use the Docket Management Facility. Please see DOT's ``Privacy
Act'' paragraph below.
Submitting comments: If you submit a comment, please include your
name and address, and identify the docket number (USCG-2004-17615). You
may submit your comments and material by electronic means, mail, fax,
or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 81/2 by 11 inches, suitable for copying
and electronic filing. If you submit them by mail and would like to
know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope.
Viewing comments: To view comments, go to http://dms.dot.gov at any
time and conduct a simple search using the docket number. You may also
visit the Docket Management Facility in room PL-401 on the Plaza level
of the Nassif Building, 400 Seventh Street SW., Washington, DC, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Privacy Act: Anyone can search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477), or you may visit
http://dms.dot.gov.
Dated: June 10, 2004.
T. H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security and Environmental Protection.
[FR Doc. 04-13981 Filed 6-18-04; 8:45 am]
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