[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Notices]
[Pages 62560-62562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25500]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2010-0618]
Exemption and Equivalent Arrangements Under the International
Convention on Load Lines, 1966, as Modified by the Protocol of 1988
AGENCY: Coast Guard, DHS.
[[Page 62561]]
ACTION: Notice of issuance and availability.
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SUMMARY: The Coast Guard announces that it has recently notified the
International Maritime Organization (IMO) of issuance of an exemption
under the International Convention on Load Lines (ICLL) covering
reduced ``working freeboard'' exemptions for hopper dredges. In
addition, the Coast Guard announces completion and availability of the
DR-68 reduced freeboard standards for hopper dredges. The Coast Guard
also notified IMO of approved equivalent arrangements, as permitted by
the ICLL and U.S. regulations, regarding hatch covers for hopper
dredges and barges that meet ``flooded hopper'' stability criteria.
This notice may be of special interest to the U.S. dredging industry
and naval architecture, and marine engineering firms.
DATES: The Coast Guard issued formal notification to the IMO of
equivalent arrangements for hatch covers for certain unmanned open
hopper barges on March 30, 2009. We issued formal notification to the
IMO of equivalent arrangements for hatch covers for certain manned,
self-propelled open hopper dredges on November 12, 2009. We issued
formal notification to the IMO of reduced freeboard exemptions for
hopper dredges on April 7, 2010.
ADDRESSES: More information on load lines can be found on the Coast
Guard load line website at: http://www.uscg.mil/hq/cg5/cg5212/loadlines.asp. This notice, the IMO notifications, and DR-68 are
available in the docket and can be viewed by going to http://www.regulations.gov, inserting USCG-2010-0618 in the ``Keyword'' box,
and then clicking ``Search.''
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Jordan, United States Coast
Guard, Office of Design and Engineering Standards, Naval Architecture
Division (CG-5212), at telephone 202-372-1370, or by e-mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The International Convention on Load Lines (ICLL), 1966 is one of
several international conventions administered by the IMO, a
specialized agency of the United Nations. It was created to establish
``uniform principles and rules with respect to the limits to which
ships on international voyages may be [safely] loaded.'' Chapter 51
(Load Lines) of Title 46 of the United States Code gives effect to ICLL
provisions.
The most familiar load line feature is the well-known ``Plimsoll
mark'' visible on each side of the hull. However, load lined vessels
must also meet specific design and construction requirements. The
purpose of load line assignment is to ensure the over-all seaworthiness
of the intact (undamaged) vessel. Ocean service load lines allow
unrestricted operations on any ocean, at any time of year (an extreme
example being winter in the North Atlantic). This is accomplished by
load line requirements that ensure: A robust hull that can withstand
severe sea conditions, the weathertight and watertight integrity of
critical openings, sufficient reserve buoyancy and freeboard, and
accurate stability and loading information provided on board.
To that effect, the ICLL prescribes 44 regulations that pertain to
the design and construction of a ship, an additional five regulations
specifically for vessels that carry timber deck cargoes, and seven
regulations that divide the oceans into zones and areas on the basis of
seasonal weather criteria. The United States regulations for a domestic
ocean service load line (in 46 CFR Part 42) implement Chapter 51 of
Title 46 of the United States Code.
United States and ICLL Regulations
As stipulated in 46 CFR 42.03-5, most commercial United States
vessels more than 79 feet long that operate outside the Boundary Line
are required to have a load line assignment. Those United States
vessels that go on voyages to foreign ports must have an international
load line assignment issued in accordance with the ICLL. United States
vessels that operate outside the Boundary Line on domestic voyages only
(i.e., coastwise, Great Lakes, or ocean voyages that return directly to
a U.S. port) must have a domestic United States load line assignment.
Although most domestic and ICLL load line requirements are
appropriate for laden cargo ships on the high seas, some of the
requirements can be overly conservative--and burdensome--for certain
service vessels that operate nearshore under less-severe conditions.
However, under the ICLL and 46 CFR 42.03-20 and 42.03-30, it is
possible to relax those requirements--or exempt them entirely--if the
vessel is still able to maintain the equivalent level of safety
intended by load line assignment.
Exemption and Equivalency Authority Under the ICLL and United States
Law
Recognizing the wide variety of commercial vessel types and
realizing that not every regulation is necessarily appropriate for
every vessel design, the ICLL includes provisions that give
Administrations (signatory member nations) some degree of flexibility
in applying the regulations to vessels of unusual form or service. In
addition, 46 U.S.C. 5108 (``Special Exemptions'') permits exemption of
a vessel from the load lines requirements when ``(1) the vessel is
entitled to an exemption under an international agreement to which the
United States is a party; or (2) under regulations (including
regulations on special operations conditions) prescribed by the
Secretary, the Secretary finds that good cause exists for granting an
exemption.'' When an exemption is granted, a certificate of exemption
may be issued.
Exemptions: Both ICLL Article 6(2) and 46 CFR 42.03-30 authorize
the exemption of any vessel which embodies features of a novel kind
from load lines requirements that might impede research and development
of such novel features. Under both provisions, however, the relevant
authority is required to ensure the over-all safety of the vessel for
the service intended.
Equivalents: Both ICLL Article 8 and 46 CFR 42.03-20 allow the
approval of any alternative fitting, material, appliance, apparatus, or
other provision, provided that the alternative is as effective as that
required by the Convention.
IMO Notification: When approving an exemption or equivalency under
the authority of either Article 6(2) or 8, the Administration is
required to submit a notification to IMO, describing the issue, the
reasons for the Administration's decision, and the alternative
arrangement that was approved (if applicable). IMO then circulates the
notification among all member Administrations for their information.
ICLL Exemptions for Hopper Dredges: Reduced Freeboards
The Coast Guard has recently approved reduced freeboard exemptions
for some United States dredges under two special load line regimes: (1)
``working freeboard'' and 2) DR67.
``Working Freeboard''
With few exceptions, vessels are prohibited from submersion of
their load line marks. This prevents overloading and maintains
sufficient freeboard and reserve buoyancy for the high seas voyage.
However, it is not possible for hopper dredges to conduct dredging
operations under the extreme weather conditions anticipated by the load
line regulations. Furthermore, unlike cargo ships, hopper dredges have
[[Page 62562]]
the unique ability to quickly jettison their spoils cargo and regain
thousands of tons of buoyancy. Therefore, the full freeboard for
unrestricted ocean operation is unnecessary during dredging operations.
Permitting the dredge to operate at a reduced freeboard (i.e., to
submerge its marks) under relatively benign weather conditions allows
it to safely carry more spoils per run, thereby increasing its
efficiency. Based on that consideration, there are two special reduced
freeboard exemption regimes that have been developed for qualified
hopper dredges.
The first regime was established in 1989 for United States dredges
operating in domestic waters, when the Coast Guard promulgated the
``working freeboard'' load line regulations in 46 CFR 44.300 through
44.340. In order to qualify for the reduced ``working freeboard''
assignment, a dredge must meet several design and equipment
requirements: intact and two-compartment damage stability, remote draft
indicators, ability to jettison spoils under emergency conditions, etc.
When dredging at the reduced freeboard, it is operationally restricted
to locations within 20 nautical miles from a place of refuge, seas not
exceeding 10 feet and winds not exceeding 35 knots. Under these
conditions, the dredge can be assigned a reduced ``working freeboard''
of 50% of its normal freeboard assignment.
Several United States hopper dredges have qualified for this
domestic ``working freeboard'' assignment over the 20 years that the
regime has been in existence. The Coast Guard has now reviewed this
domestic regime and determined that it is equally suitable for
international service. For purposes of ICLL assignment, dredges that
meet the ``working freeboard'' criteria of 46 CFR 44.300 embody ``novel
features'' as contemplated by ICLL Article 6(2) (discussed above). When
operated in conjunction with appropriate weather restrictions, they may
safely operate at the reduced freeboard. Therefore, in accordance with
the ICLL Article 6(2) and 46 CFR 42.03-30, and on a case-by-case basis,
the Coast Guard will authorize an ICLL Exemption Certificate that
exempts the dredges from ICLL Article 12, which otherwise prohibits
submersion of the load line marks.
DR-67 and DR-68
The second reduced freeboard regime for hopper dredges was
established in 2001 by a joint European working group of classification
societies, the dredging industry, the shipbuilding industry, and
regulatory officials from Belgium, France, Germany, the Netherlands,
and the United Kingdom. Their exemption regime is titled ``Guidelines
for the Construction and Operation of Dredges Assigned Reduced
Freeboards,'' but is generally referred to as ``DR-67.'' Like the
United States ``working freeboard'' regime, DR-67 sets out similar
design and equipment requirements. However, DR-67 differs from the
United States regime in that it is more flexible in its weather
restrictions, and can allow up to a 66% reduction in freeboard under
sufficiently benign conditions.
The European working group has revised and updated DR-67; the new
revision is referred to as ``DR-68.'' The Coast Guard participated in
this revision effort to ensure that DR-68 is consistent with United
States safety concerns and in order to provide United States dredge
operators with an alternative approach for reduced freeboard
assignment. Therefore, in accordance with the ICLL Article 6(2) and 46
CFR 42.03-30, and on a case-by-case basis, the Coast Guard will
authorize an ICLL Exemption Certificate that exempts the dredges from
ICLL Article 12, which otherwise prohibits submersion of the load line
marks.
ICLL Equivalents for Hopper Dredges and Barges: Hatch Covers
Ordinarily, load line regulations require hatch openings to be
closed by weathertight hatch covers, since conventional cargo ships
cannot survive extensive flooding of their cargo holds. However, some
open hopper vessels (such as dredges, dump scows, etc.) can be designed
to maintain adequate buoyancy and stability even with flooded hoppers.
For such vessels, this stability characteristic provides an equivalent
level of safety to the hatch covers; therefore, hatch covers are
unnecessary and may actually interfere with other aspects of the vessel
design.
In accordance with the ICLL Article 8 and 46 CFR 42.03-20, the
Coast Guard will, on a case-by-case basis, approve equivalent
arrangements from ICLL Regulation 14 (requirement for hatch covers).
Coast Guard Notifications to IMO
As required by the Convention, the Coast Guard has already
submitted the requisite notifications to IMO. These documents, as well
as copies of DR-67 and DR-68, are posted on-line at: http://www.regulations.gov (docket ID number USCG-2010-0618).
Requesting Exemptions and Equivalencies
Owners/operators of hopper dredges or barges desiring an exemption
or equivalency using any of the above three standards should contact
their load line issuing authority (classification society), who will
review the vessel for compliance with the Coast Guard's criteria for
the exemption or equivalency. The classification society will then make
a recommendation to the Coast Guard Naval Architecture Division (CG-
5212) for approval. The mailing address is Commandant (CG-5212), U.S.
Coast Guard, 2100 2nd Street, SW., Stop 7126, Washington, DC 20593-
7126.
This notice is issued under authority of 5 U.S.C. 552 and 46 U.S.C.
5108.
Dated: September 15, 2010.
J.G. Lantz,
Director, Office of Commercial Regulations and Standards, U.S. Coast
Guard.
[FR Doc. 2010-25500 Filed 10-8-10; 8:45 am]
BILLING CODE 9110-04-P