[Federal Register Volume 60, Number 193 (Thursday, October 5, 1995)]
[Proposed Rules]
[Pages 52143-52144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24672]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Chapter I
[CGD 95-073]
International Management Code for the Safe Operation of Ships and
for Pollution Prevention, (ISM) Code
AGENCY: Coast Guard, DOT
ACTION: Notice of public meetings.
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SUMMARY: The Coast Guard is planning four (4) public meetings 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 these public meetings to provide the public an
opportunity to comment and give input into the implementation of the
Code.
DATES: The public meetings will be held from 9 a.m. until 3 p.m. as
follows: On October 30, 1995, in Seattle, Washington; on November 1,
1995, in Long Beach, California; on November 13, 1995, in New Orleans,
Louisiana; and on November 16, 1995, in New York City, New York. Those
attending the public meetings should have available a photo
identification card to meet entrance requirements for the building
management at the meeting sites. Written material may also be submitted
regarding this matter and must be received not later than November 29,
1995.
ADDRESSES: The public meetings will be held at the following locations:
North Auditorium, 4th Floor, Jackson Federal Building, 915 Second
Avenue, Seattle, Washington; the Boardroom, Port Authority
Administration Building, 925 Harbor Plaza, Port of Long Beach,
California; the Holiday Inn Downtown Hotel, 330 Loyola Avenue, New
Orleans, Louisiana; and New York Port Authority Oval Room, 43rd Floor,
1 World Trade Center, New York City, New York. Written comments may be
mailed to the Executive Secretary, Marine Safety Council (G-LRA), U.S.
Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to room 3406 at the same address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. Comments will
become part of this docket and will be available for inspection or
copying at room 3406, Coast Guard Headquarters, between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Bob Gauvin, Project Manager,
Vessel and Facilities Operating Standards Branch (G-MOS-2), (202) 267-
1181. 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 95-073); name;
company or organizational affiliation (if any); and the estimated
amount of time needed for the comment.
SUPPLEMENTARY INFORMATION:
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 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
which operate in international trade 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 has approached maritime safety from an
engineering and technology perspective. International standards
addressed equipment and design requirements. However, despite
[[Page 52144]]
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
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 non-conformities 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 may be required to promulgate implementing
regulations when the ISM Code becomes mandatory. At present, U.S.
certification is voluntary. Authorized classification societies
currently issue Safety Management System certificates 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 classification 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
ISM Code comes into effect, port states around the world will check
foreign flag vessels for compliance as part calls are made.
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.
Based on discussions with industry representatives, numerous
questions have arisen which, when answered, should significantly assist
in implementing the ISM Code. These questions address issues such as:
which entities will conduct ISM Code inspections or surveys; the
applicability of the ISM certification to various U.S. vessel types;
the cost and time requirements for owners of various vessel types,
operating on different routes/service, to implement the ISM Code; the
viability of using third parties to complete ISM Code Certification;
the need for incentives for companies which own vessels in domestic
trade to be ISM Code certificated; whether Safety management Systems
already developed and in place will be able to meet the requirements of
the ISM Code and be certificated; how long will it take to set up a ISM
Safety Management System and have the company office and it's vessels
certificated; whether companies in domestic U.S. trade should be
required to be ISM Code certificated; the effect of ISM Code
certification on small companies; whether sample Safety Management
Systems should be developed and made available to companies to
facilitate Code implementation; and what the enforcement policy should
be for companies and vessel that do not meet the deadlines for ISM Code
certification.
ISM Code certification must be accomplished by July 1998, for most
vessels. In light of this, these public meetings will provide an
excellent opportunity for members of the maritime industry whose
vessels must be certificated under the ISM Code, to address concerns
and offer suggestions for Code implementation.
Dated: September 28, 1995.
Joseph J. Angelo,
Acting Chief, Office of Marine Safety, Security and Environmental
Protection.
[FR Doc. 95-24672 Filed 10-4-95; 8:45 am]
BILLING CODE 4910-14-M