[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Notices]
[Pages 33455-33456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16127]


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DEPARTMENT OF TRANSPORTATION

Coast Guard
[CGD 97-026]


Equivalency of Caribbean Cargo Ship Safety Code

AGENCY: Coast Guard, DOT.

ACTION: Notice of policy determination.

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SUMMARY: The Coast Guard is announcing the Commandant's policy 
determination that the fittings, materials, appliances, apparatus, 
equipment, and provisions encompassed in the new vessel provisions of 
the Caribbean Cargo Ship Safety Code are at least as effective as those 
such items required by 46 CFR Subchapter I. Accordingly, the Commandant 
has determined that any freight vessel less than 500 gross tons flagged 
by a foreign country, and operating in the Caribbean region, that 
complies with the new vessel provisions of the Caribbean Cargo Ship 
Safety Code is deemed in compliance with the similar provisions of 46 
CFR Subchapter I.

DATES: This policy determination is effective July 1, 1997.

ADDRESSES: The Executive Secretary maintains the public docket for this 
notice. Documents identified in this

[[Page 33456]]

notice, will become part of this docket and will be available for 
inspection or copying at room 3406, U.S. Coast Guard Headquarters, 
between 9:30 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT:
LCDR Carter, c/o Commander(m) Seventh Coast Guard District, Miami FL 
(305) 536-6535.

SUPPLEMENTARY INFORMATION:

Background

    The Senate report to the 1994 Department of Transportation and 
Related Agencies Appropriations Bill gave the Coast Guard firm 
direction on how to eliminate substandard ships from U.S. waters. The 
Seventh Coast Guard District's effort focused on foreign flag freight 
vessels less than 500 gross tons because these vessels met no 
recognized safety standards which resulted in a highly disproportionate 
need for Coast Guard services, including: Rescue, Law Enforcement, 
medical evacuations, pollution, and investigative assets expended in 
incidents related to this relatively small number of vessels.
    In May 1994, the Seventh Coast Guard District began its ``Operation 
Safety Net'' program. Upon initiation of the program, 238 freight 
vessels of less than 500 gross tons flagged by a foreign countries were 
identified as calling within the Miami Marine Safety Office's area of 
operations, and 130 such vessels were identified as calling in the San 
Juan Marine Safety Office's area of operations.
    Realizing that the summary application of 46 CFR Subchapter I, 
which applies to cargo vessels of less than 500 gross tons, might 
entirely exclude these vessels from U.S. trade with no advance warning, 
an interim inspection program was created using a checklist which 
focused on firefighting, lifesaving, and crew requirements. The Coast 
Guard began to inspect all vessels in this class during June 1994. 
Vessels that did not meet these minimum requirements were detained by 
the Coast Guard Captain of the Port until deficiencies were corrected, 
or they were allowed to leave the U.S. without loading or discharging 
cargo. In June 1994, vessel owners were also informed that as of July 
1, 1997, they would no longer be permitted entry into U.S. waters 
unless they met minimum construction and safety standards.
    Coincident with this program was the development of the Caribbean 
Memorandum of Understanding on Port State Control (Caribbean MOU), 
which was drafted under the sponsorship of the International Maritime 
Organization. A working group of countries signatory to the Caribbean 
MOU drafted the Caribbean Cargo Ship Safety Code (Code). Countries 
party to and/or signatory to the Caribbean MOU and consequently 
signatories to the Code include:

Anguilla
Antigua & Barbuda
Aruba
Bahamas
Barbados
British Virgin Islands
Cayman Islands
Dominica
Grenada
Guyana
Jamaica
Montserrat
The Netherlands Antilles
Suriname
Trinidad & Tobago
Turks & Caicos

Determination

    The Coast Guard reviewed the Code and determined that, with a few 
additions and modifications, it could be used as the basis for the 
inspection of these non-SOLAS vessels. These additions and 
modifications were proposed and accepted in a January 1997 meeting with 
the group drafting the Code.
    The acceptance of these changes and the use of this Code by the 
Coast Guard in inspecting foreign freight vessels less than 500 gross 
tons operating in the Caribbean region represents a significant step 
toward harmonizing vessel inspection standards in the Caribbean region 
and in raising the standards of these vessels which trade in U.S. 
waters. Consequently, in accordance with the provisions of 46 U.S.C. 
3303(a) and 46 CFR 90.15-1(a), the Commandant has determined that, for 
the limited purpose of inspecting freight vessels less than 500 gross 
tons flagged by a foreign country, that operate in the waters of the 
Seventh Coast Guard District, compliance with the new vessels 
provisions of the Code is equivalent to compliance with similar 
provisions of 46 CFR Subchapter I.

Implementation

    Following this determination, and in an effort to enforce stricter 
safety requirements within U.S. ports while at the same time limiting 
adverse effects on commercial shipping, the Coast Guard anticipates 
implementation of a two-phase enforcement program.
    During phase one which commences on July 1, 1997, freight vessels 
of less than 500 gross tons flagged by a foreign country, desiring to 
enter Seventh Coast Guard District ports, will have the option of 
meeting U.S. regulations for freight vessels or the equivalent standard 
under the Code. As the Code is implemented, the Coast Guard will 
continue working with those vessels that have made good faith efforts 
toward compliance. Those vessels that have not worked toward compliance 
or have no reasonable expectation of being able to meet either 
standard, will be excluded from trading in Seventh Coast Guard District 
ports on July 1, 1997. Determination in this regard will be made on a 
case-by-case basis by the appropriate Coast Guard Captain of the Port. 
Vessels that do not possess an International Loadline Certificate (i.e. 
new vessels under 79 feet or existing vessels under 150 gross tons) 
will find it very difficult to meet the international standards under 
the Code for construction, safety, and stability. This is, in part, a 
recognition that these vessels were never envisioned to engage in 
international high seas trade.
    During phase two which commences on January 1, 1998, vessels 
trading to U.S. ports within the Seventh Coast Guard District must have 
a flag state certificate attesting to compliance with the new vessel 
standards of the Code. Alternatively, a foreign flagged freight vessel 
less than 500 gross tons operating in the Caribbean region may submit 
to an inspection by the Coast Guard, leading to the issuance of a 
Certificate of Inspection, that will authorize limited service in U.S. 
waters. The basis for the inspection will be the standards contained in 
the Code, unless inspection under U.S. regulations is requested.
    The acceptance of these Certificates and the inspection of freight 
vessels less than 500 gross tons flagged by a foreign country under 
this Code represents a significant step in the reducing the number of 
substandard ships trading in U.S. waters and is an important 
recognition of a developing international standard for vessels less 
than 500 gross tons operating in the Caribbean and U.S. waters.

    Dated: June 12, 1997.
Robert E. Kramek,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 97-16127 Filed 6-18-97; 8:45 am]
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