[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Notices]
[Pages 67386-67387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27592]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2010-0947]
Policy for Banning of Foreign Vessels From Entry into United
States Ports
AGENCY: Coast Guard, DHS.
ACTION: Notice of policy.
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SUMMARY: The U.S. Coast Guard announces release of policy letter 10-03,
Banning of Foreign Vessels. This policy letter outlines U.S. Coast
Guard procedures for denying entry of certain foreign flagged
commercial vessels into any port or place in the United States as a
result of the vessel's history of operating in a continuous substandard
condition in waters subject to United States jurisdiction.
DATES: This policy became effective on September 1, 2010.
ADDRESSES: This notice and the policy letter described within it are
available in the docket and can be viewed by going to http://www.regulations.gov, inserting USCG-2010-0947 in the ``Keyword'' box,
and then clicking ``Search.'' This policy letter is also available at
http://www.homeport.uscg.mil under the Port State Control tab; Foreign
Vessel Safety; Banning of Foreign Vessels.
FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
or the policy, call or e-mail Lieutenant Commander Charles Fluke,
Foreign and Offshore Vessels Division (CG-5432), U.S. Coast Guard,
telephone 202-372-1235. If you have questions on viewing material in
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The U.S. Coast Guard Port State Control (PSC) program began in the
United States when Congress, through the 1994 Department of
Transportation Appropriations Bill, required the U.S. Coast Guard to
change its approach to foreign vessel examinations. The bill required
the U.S. Coast Guard to hold those most responsible for substandard
ships accountable, including owners, classification societies, and flag
States.
Title 33 of the United States Code provides tools and authority for
the U.S. Coast Guard to meet this mandate. 33 U.S.C. 1228 prohibits
vessels from operating in the navigable waters of the United States or
transferring cargo or residue in any port or place under the
jurisdiction of the United States if such vessels: Have a history of
accidents, pollution incidents, or serious repair problems; fail to
comply with applicable regulations, laws, or treaties; discharges oil
or hazardous material in violation of law or treaty; or fails to comply
with vessel traffic service, manning, and language requirements.
In addition, 33 U.S.C. 1223(b) grants the authority to order any
vessel in a port or place subject to the jurisdiction of the United
States or in the navigable waters of the United States to operate or
anchor as directed if: such vessel does not comply with applicable
regulations, law, or treaty; the vessel does not satisfy the conditions
for port entry as set out in 33 U.S.C. 1228; or in the interest of
safety.
In 1997, the U.S. Coast Guard published regulations to enforce
International Maritime Organization (IMO) Resolution A.741 (18), titled
``International Management Code for the Safe Operation of Ships and for
Pollution Prevention (International Safe Management [ISM] Code)''. The
U.S. Coast Guard also published the Navigation and Vessel Inspection
Circular (NVIC) 04-05, titled, ``Port State Control Guidelines for the
Enforcement of Management for the Safe Operation of Ships (ISM) Code,''
to provide guidance to both Coast Guard and industry personnel
concerning compliance with the requirements of the International
Convention for the Safety of Life at Sea (SOLAS), 1974, Chapter IX and
the ISM Code.
The cornerstone for ensuring a vessel is compliant with
international standards, laws, and regulations is a well written and
properly implemented Safety Management System (SMS). Commitment by top
level company management and continuous improvement are two fundamental
objectives of an effective SMS. Companies that do not embrace a safety
culture and that repeatedly operate vessels in a substandard condition
have failed to recognize the importance of complying with international
conventions and standards and put their crews, vessels, and the marine
environment at risk.
Occasionally, the U.S. Coast Guard intercepts vessels arriving into
United States waters that consistently demonstrate a substandard
condition and, thus, fail to comply with the requirements found in
international conventions and domestic regulations. Previously, there
was no mechanism in place to effectively and consistently respond to
repeat offenders. The U.S. Coast Guard's Banning of Foreign Vessels
policy should provide a systematic approach to addressing these
vessels. This policy aligns the U.S. Coast Guard with other SOLAS
signatory flag States who currently have policies and procedures in
place for processing vessels that repeatedly operate in a substandard
condition.
Policy Implementation
The U.S. Coast Guard will continue to screen, prioritize, and
coordinate all foreign vessel exams in accordance with existing
policies. When a vessel has been repeatedly detained (meaning three or
more detentions within twelve months) and it is determined by the U.S.
Coast Guard's Foreign and Offshore Vessels Division (CG-5432) that
failure to effectively implement the SMS was a contributing factor for
the substandard condition(s) that led to the detentions, the vessel
will be denied entry into any port or place in the United States in
compliance with 33 U.S.C. 1228 and 1223(b) until specified actions are
completed to the satisfaction of the Coast Guard.
[[Page 67387]]
Authority: This notice is issued under authority of 5 U.S.C.
552, 33 U.S.C. 1223(b), and 33 U.S.C. 1228.
Dated: October 25, 2010.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
[FR Doc. 2010-27592 Filed 11-1-10; 8:45 am]
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