[Federal Register Volume 59, Number 31 (Tuesday, February 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3500]


[[Page Unknown]]

[Federal Register: February 15, 1994]


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SECURITIES AND EXCHANGE COMMISSION
[Public Notice 1946]

 

Shipping Coordinating Committee, International Maritime 
Organization (IMO) Legal Committee; Meeting

    The U.S. Shipping Coordinating Committee (SHC) will conduct an open 
meeting at 10 a.m., on Tuesday, March 1, 1994, in room 4315 of U.S. 
Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC. The 
primary purpose of this meeting is to prepare for the 70th Session of 
the International Maritime Organization (IMO) Legal Committee to be 
held March 21 through 25, 1994, in London.
    To facilitate the attendance of those participants who may be 
interested in only certain aspects of the public meeting, the first 
subject addressed will be the draft International Convention on 
Liability and Compensation for Damage in Connection with the Carriage 
of Hazardous and Noxious Substances by Sea (HNS Convention). The second 
major subject, which will be considered at approximately 11:30 a.m., 
will be a discussion on revisions to the 1976 Convention on Limitation 
of Liability for Maritime Claims (`76 LLMC).
    The draft HNS Convention would impose strict liability upon the 
shipowner for damages arising from hazardous substances up to a yet-to-
be-determined limit of liability with a second-tier international fund 
available to provide compensation for catastrophic damages or when the 
shipowner, for one reason or another, could not pay. The second-tier 
international fund, modeled after the International Oil Pollution 
Compensation Fund, may be financed by levies imposed upon hazardous 
cargo shipments or by postincident collections.
    The draft convention would provide compensation for environmental 
damage as well as personal injury and property damage from a broad 
range of substances including oils (those not covered under the oil 
regimes), bulk liquid cargo, bulk solid cargo, bulk gases, packaged 
cargo, and flammable residues.
    At the 69th Session, the Legal Committee decided to recommend that 
a Diplomatic Conference be scheduled for early 1996. The Committee also 
began to distinctly lean towards certain features in the draft 
convention: a simplified two-tier structure with the second tier split 
into a few independent accounts entirely funded by postincident 
contributions from the bulk chemical industry (and perhaps some large 
volume types of container cargos) and definition of HNS by reference to 
existing IMO codes. However, final decisions on these issues have not 
been made. Other important questions remain to be answered which 
include:
    (1) Whether to proceed with a two tier convention for the 1996 
Diplomatic Conference or to concentrate on a single tier convention for 
the Conference and start on the second immediately after;
    (2) How to define the entities responsible for making payments to 
the second tier international fund;
    (3) Which substances would be included within the scope of the 
convention's coverage for purposes of both compensating damage as well 
as for financing of the second-tier fund; and
    (4) Whether postincident funding of the second-tier fund is 
appropriate for all types of HNS cargo.
    The views of the public, and particularly those of affected 
maritime commercial and environmental interests, are requested.
    The Legal Committee began work on the `76 LLMC at the 69th Session. 
The Committee focused discussion on a draft protocol, submitted by the 
United Kingdom, which provides for raising the limits of liability and 
a streamlined tacit amendment procedure. Some delegations expressed 
interest in working on provisions to allow state parties to adopt their 
own limits, or opt out of limits altogether in cases of personal injury 
and death or for claims of passengers. Discussion on these topics and a 
decision on an accelerated work timetable are expected at the 70th 
session in March.
    Although the United States has not ratified this convention, 
interests within the United States--such as owners of foreign flag 
vessels and passengers on foreign flag vessels--may be affected by 
changes to this convention. The views of the public are requested.
    Members of the public are invited to attend the SHC meeting, up to 
the seating capacity of the room. For further information or to submit 
views concerning the subjects of discussion, contact either Captain 
David J. Kantor or Lieutenant Lee A. Handford, U.S. Coast Guard (G-
LMI), 2100 Second Street, SW., Washington, DC 20593, telephone (202) 
267-1527, telefax (202) 267-4496.

    Dated: February 1, 1994.
Geoffrey Ogden,
Chairman, Shipping Coordinating Committee.
[FR Doc. 94-3500 Filed 2-14-94; 8:45 am]
BILLING CODE 4710-07-M