[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23019]


[[Page Unknown]]

[Federal Register: September 16, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard
[CGD 94-068]

 

International Management Code for the Safe Operation of Ships and 
for Pollution Prevention

AGENCY: Coast Guard, DOT.

ACTION: Notice of public meeting.

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SUMMARY: The Coast Guard is planning a public meeting to discuss the 
implementation of the International Maritime Organization (IMO) 
International Management Code for the Safe Operation of Ships and for 
Pollution Prevention (International Ship Management (ISM) Code). The 
ISM Code encourages the continuous improvement of safety management 
skills within the maritime industry. In keeping with the results of a 
Coast Guard review of its regulatory development process, the Coast 
Guard will hold a public meeting to provide the public an opportunity 
to comment and give input into the implementation of the Code.

DATES: The public meeting will be held from 9 a.m. until 3 p.m. on 
October 18, 1994.

ADDRESSES: The public meeting will be held in room 2415, Coast Guard 
Headquarters, 2100 Second Street, SW., Washington, DC 20593-0001.

FOR FURTHER INFORMATION CONTACT:
LCDR Walter (Bud) Hunt, Project Manager, Oil Pollution Act (OPA 90) 
Staff, (G-MS-A), (202) 267-6740. This number is equipped to record 
messages on a 24-hour basis. Anyone wishing to make a presentation is 
requested to call this number and give the following information: 
Docket number (CGD 94-068); name; company or organizational affiliation 
(if any); and the estimated amount of time needed for the comment.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this Notice are LCDR 
Walter (Bud) Hunt, Project Manager, (202) 267-6230; and Jacqueline 
Sullivan, Project Counsel; OPA 90 Staff.

Background and Discussion

    On November 4, 1993, the International Maritime Organization (IMO) 
adopted resolution A.741(18) entitled ``International Management Code 
for the Safe Operation of Ships and for Pollution Prevention 
(International Safety Management (ISM) Code).'' The objectives of the 
ISM Code are to improve safety at sea, to reduce the occurrence of 
human injury or loss of life, and to minimize environmental and 
property damage attributable to marine casualties. The ISM Code seeks 
to accomplish these objectives by encouraging the implementation of 
safety management systems (SMS) by shipping companies with oversight by 
national administrations, such as the U.S. Coast Guard.
    Beginning in 1998, the ISM Code will become mandatory for vessels 
to which the Safety of Life at Sea (SOLAS) convention applies. On July 
1, 1998, the ISM Code will become mandatory for passenger ships, 
passenger high speed craft, oil tankers, chemical tankers, gas 
carriers, bulk carriers, and cargo high speed craft of 500 gross tons 
and greater. On July 1, 2002, the ISM Code will become mandatory for 
other cargo ships and self propelled mobile offshore drilling units of 
500 gross tons and greater. Until those dates, compliance with the ISM 
Code by owners of the various classes of vessels is voluntary.
    The ISM Code represents the culmination of an evolving recognition 
within the maritime industry that the ``human element'' is a critical 
factor in preventing casualty or pollution incidents. Historically, the 
international maritime community approached maritime safety from an 
engineering and technology perspective. International standards 
addressed equipment and design requirements. However, despite these 
requirements, significant marine casualties continue to occur. The ISM 
Code attempts to reduce these occurrences by recognizing that ``human 
factors,'' defined as acts or omissions of personnel which adversely 
affect the proper functioning of a particular system, or the successful 
performance of a particular task, must be addressed in order to further 
reduce marine casualties and pollution. The ISM Code acknowledges that 
the human element includes both vessel personnel, and the company 
management infrastructure of the vessel's owner or operator. Decisions 
made ashore can be as important as those made at sea, and therefore the 
ISM Code seeks to ensure that every action, taken at any level within a 
company, is based upon sound understanding of the potential 
consequences on marine safety and pollution prevention. The IMO, in 
resolution A.647(16), cited two key elements needed to realize the 
objectives of the ISM Code. Those elements include a philosophical 
commitment to safety at the senior management level, and an effective 
organizational infrastructure to implement and monitor a safety 
management program.
    Under the ISM Code, a shipping company's Safety Management System 
(SMS) must include the following functional requirements: (1) A safety 
and environmental protection policy; (2) instructions and procedures to 
ensure safe operation of ships and protection of the environment in 
compliance with relevant international and flag state legislation; (3) 
defined levels of authority and lines of communication between, and 
amongst, shore and shipboard personnel; (4) procedures for reporting 
accidents and nonconformities with the provisions of the ISM Code; (5) 
procedures to prepare for and respond to emergency situations; and (6) 
procedures for internal audits and management reviews.
    The Coast Guard will promulgate implementing regulations when the 
ISM Code becomes mandatory. At present, U.S. certification is 
voluntary. Authorized classification societies currently issues SMS 
certifications under the provisions of Navigation and Vessel Inspection 
Circular (NVIC) No. 2-94 (March 15, 1994). These certificates have 
neither force nor effect under U.S. law. They indicate only that a 
company and its vessels comply with the terms of the ISM Code as 
interpreted by NVIC 2-94, as determined by the authorized class 
society. Implementing regulations would provide for Coast Guard 
examination of shipping companies and ships to which the ISM Code 
applies to determine their compliance. The Coast Guard would authorize 
the issuance of certificates to companies and ships found to be in 
compliance. Once the IIM Code comes into effect, port states around the 
world will check foreign flag vessels for compliance as port calls are 
made.
    Companies which own or operate non-SOLAS vessels would be 
encouraged to voluntarily adopt practices which comply with the 
provisions of the ISM Code. If such companies were determined to be in 
compliance, these companies and vessels would be certified.
    The Coast Guard is interested in receiving comments on the 
potential costs and benefits of this implementation and on the issues 
discussed in this notice. Specifically, the Coast Guard is interested 
in receiving comments on methods by which the Coast Guard can ensure 
effective compliance with ISM Code standards, while minimizing the 
burden and costs to the maritime industry.
    Implementation of the Code will entail a significant philosophical 
shift in the approach to safety at sea and environmental protection. 
Because of this, the Coast Guard has decided to hold a public meeting 
in order to gather public and industry input at early stages of the 
development of its implementing regulations.

    Dated: September 12, 1994.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 94-23019 Filed 9-15-94; 8:45 am]
BILLING CODE 4910-14-M