[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Rules and Regulations]
[Pages 17927-17928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7792]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 101 and 104

[USCG-2004-17350]


Interpretation of International Voyage for Security Regulations

AGENCY: Coast Guard, DHS.

ACTION: Notice of interpretation.

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SUMMARY: The Coast Guard is issuing an interpretation of the term 
``international voyage'' as it is used in our recently-issued maritime 
security regulations. This interpretation will assist U.S. flag vessels 
operating in the waters of a foreign country in determining whether 
they must comply with the new International Ship and Port Facility

[[Page 17928]]

Security Code (ISPS) requirements of the International Convention for 
Safety of Life at Sea, 1974 (SOLAS).

DATES: Effective April 6, 2004. Comments and related material must 
reach the Docket Management Facility on or before July 6, 2004.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2004-17350 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Web Site: http://dms.dot.gov.
    (2) Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Washington, DC 20590-0001.
    (3) Fax: 202-493-2251.
    (4) Delivery: Room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.

FOR FURTHER INFORMATION CONTACT: For questions on this notice, please 
contact Lieutenant Commander Martin Walker, Project Manager, Office of 
Compliance (G-MOC-1), U.S. Coast Guard Headquarters, telephone 202-267-
1047. If you have questions on viewing or submitting material to the 
docket, call Ms. Andrea M. Jenkins, Program Manager, Docket Operations, 
telephone 202-366-0271.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    On October 22, 2003, we published a final rule entitled ``Vessel 
Security'' (68 FR 60483), which was one of six maritime security rules 
published in the Federal Register that date. The vessel security rule, 
specifically 33 CFR 104.297, requires owners or operators of U.S. flag 
vessels that are subject to the International Convention for Safety of 
Life at Sea, 1974, (SOLAS), to obtain an International Ship Security 
Certificate (ISSC), as described in 46 CFR 2.01-25, by July 1, 2004. 
The ISSC certifies that the ship has an approved ship security plan and 
that it complies with the applicable requirements of SOLAS chapter XI-2 
and Part A, taking into account Part B, of the International Ship and 
Port Facility Security Code (ISPS).
    In 33 CFR 101.105 of the ``Implementation of National Maritime 
Security Initiatives'' final rule, we included a definition of 
``international voyage'' that applies to 33 CFR chapter I, subchapter 
H, including part 104, Vessel Security. To clarify one aspect of this 
security-related definition, we are issuing this notice.
    For purposes of vessel security, in interpreting 33 CFR 101.105 and 
104.297, the Coast Guard will consider that each voyage of a U.S. 
vessel originates at a port in the United States, regardless of when 
the voyage actually began. Such a voyage is considered to continue, 
until such time as the U.S.-flagged vessel returns to the United 
States. U.S. vessels operating from a foreign port will be considered 
to be on an international voyage.
    Therefore, any U.S. vessel that otherwise meets the applicable 
tonnage or capacity requirements in SOLAS for a cargo or passenger 
vessel that is engaged on an international voyage must meet ISPS 
requirements and obtain an ISSC, within the prescribed timeline.

Comments and Viewing Documents Referenced in This Notice

    If you wish to submit comments regarding this notice, please send 
them to the Docket Management Facility at the address under ADDRESSES. 
All comments received will be posted, without change, to http://dms.dot.gov and will include any personal information you have 
provided. We have an agreement with the Department of Transportation 
(DOT) to use the Docket Management Facility. Please see DOT's ``Privacy 
Act'' paragraph below.
    Submitting comments: If you submit a comment, please include your 
name and address, and identify the docket number (USCG-2004-17350). You 
may submit your comments and material by electronic means, mail, fax, 
or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 81/2 by 11 inches, suitable for copying 
and electronic filing. If you submit them by mail and would like to 
know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope.
    Viewing comments and documents: To view comments, as well as 
documents mentioned in this notice as being available in the docket, go 
to http://dms.dot.gov at any time and conduct a simple search using the 
docket number. You may also visit the Docket Management Facility in 
room PL-401 on the Plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477), or you may visit 
http://dms.dot.gov.

    Dated: March 25, 2004.
T.H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 04-7792 Filed 4-5-04; 8:45 am]
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