[Federal Register: April 6, 2004 (Volume 69, Number 66)]
[Rules and Regulations]
[Page 17927-17928]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap04-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 101 and 104
[USCG-2004-17350]
Interpretation of International Voyage for Security Regulations
AGENCY: Coast Guard, DHS.
ACTION: Notice of interpretation.
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SUMMARY: The Coast Guard is issuing an interpretation of the term
``international voyage'' as it is used in our recently-issued maritime
security regulations. This interpretation will assist U.S. flag vessels
operating in the waters of a foreign country in determining whether
they must comply with the new International Ship and Port Facility
[[Page 17928]]
Security Code (ISPS) requirements of the International Convention for
Safety of Life at Sea, 1974 (SOLAS).
DATES: Effective April 6, 2004. Comments and related material must
reach the Docket Management Facility on or before July 6, 2004.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2004-17350 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 Ms. Andrea M. Jenkins, Program Manager, Docket Operations,
telephone 202-366-0271.
SUPPLEMENTARY INFORMATION:
Background and Purpose
On October 22, 2003, we published a final rule entitled ``Vessel
Security'' (68 FR 60483), which was one of six maritime security rules
published in the Federal Register that date. The vessel security rule,
specifically 33 CFR 104.297, requires owners or operators of U.S. flag
vessels that are subject to the International Convention for Safety of
Life at Sea, 1974, (SOLAS), to obtain an International Ship Security
Certificate (ISSC), as described in 46 CFR 2.01-25, by July 1, 2004.
The ISSC certifies that the ship has an approved ship security plan and
that it complies with the applicable requirements of SOLAS chapter XI-2
and Part A, taking into account Part B, of the International Ship and
Port Facility Security Code (ISPS).
In 33 CFR 101.105 of the ``Implementation of National Maritime
Security Initiatives'' final rule, we included a definition of
``international voyage'' that applies to 33 CFR chapter I, subchapter
H, including part 104, Vessel Security. To clarify one aspect of this
security-related definition, we are issuing this notice.
For purposes of vessel security, in interpreting 33 CFR 101.105 and
104.297, the Coast Guard will consider that each voyage of a U.S.
vessel originates at a port in the United States, regardless of when
the voyage actually began. Such a voyage is considered to continue,
until such time as the U.S.-flagged vessel returns to the United
States. U.S. vessels operating from a foreign port will be considered
to be on an international voyage.
Therefore, any U.S. vessel that otherwise meets the applicable
tonnage or capacity requirements in SOLAS for a cargo or passenger
vessel that is engaged on an international voyage must meet ISPS
requirements and obtain an ISSC, within the prescribed timeline.
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-2004-17350). 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 and documents: To view comments, as well as
documents mentioned in this notice as being available in the docket, 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: March 25, 2004.
T.H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security and Environmental Protection.
[FR Doc. 04-7792 Filed 4-5-04; 8:45 am]
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