[Federal Register Volume 69, Number 118 (Monday, June 21, 2004)]
[Notices]
[Pages 34383-34384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13981]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2004-17615]


Enforcement of SOLAS Requirements

AGENCY: Coast Guard, DHS.

ACTION: Notice of policy.

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SUMMARY: The Coast Guard is issuing this notice to inform U.S. flag 
vessels in foreign ports that should be meeting International 
Convention for Safety of Life at Sea, 1974, (SOLAS), requirements, that 
we intend to more strictly and consistently enforce our regulations 
requiring SOLAS compliance. This enforcement notice is intended to warn 
such vessels to take steps to come into compliance and avoid the 
consequences of non-compliance.

DATES: Effective June 21, 2004 Comments and related material must reach 
the Docket Management Facility on or before September 20, 2004.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2004-17615 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

[[Page 34384]]

Ms. Andrea M. Jenkins, Program Manager, Docket Operations, telephone 
202-366-0271.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    On April 6, 2004, we published a notice entitled ``Interpretation 
of International Voyage for Security Regulations'' (69 FR 17927) to 
clarify how we will interpret a security regulation (33 CFR 104.297) 
requiring U.S. flag vessels on international voyages to comply with the 
International Ship and Port Facility Security Code (ISPS) of the 
International Convention for Safety of Life at Sea, 1974, (SOLAS). 
Enforcement of the new SOLAS ship security requirements cannot be 
separated from the longstanding obligation of the U.S. to ensure 
compliance with SOLAS ship safety requirements by U.S. flag vessels 
engaged on international voyages.
    It is in the best interest of marine safety and security to apply 
all SOLAS standards consistently. To this end, the Coast Guard is 
publishing this Notice of Policy to avoid potential misunderstandings 
in how we will enforce longstanding SOLAS safety requirements as we 
begin implementation of the new SOLAS security requirements.
    The notice we published on April 6, 2004, entitled ``Interpretation 
of International Voyage for Security Regulations'' (69 FR 17927) did 
not change the definition of ``international voyage'', either in our 
regulations or in SOLAS. It said, in part, that, each voyage of a U.S. 
vessel originates in United States waters, regardless of when the 
voyage actually began.
    Considering this interpretation of voyage, a U.S. flag vessel that 
has ever been in U.S. waters, which operates from a foreign port, is on 
an international voyage that originated at some time from a U.S. port. 
Therefore, all U.S. flag vessels that meet the applicability standards 
of SOLAS, and operate in foreign countries, will be required to comply 
with ISPS by July 1, 2004. Additionally, during the period of ISPS 
implementation, if we discover U.S. flag vessels operating on 
international voyages that are not SOLAS safety compliant--that is, 
vessels that do not have all appropriate SOLAS documentation--we will 
require those vessels to meet all applicable requirements to obtain 
those documents.
    Some vessels, however, will not be affected by this interpretation 
of the term ``voyage.'' Vessels that received a SOLAS exemption 
certificate (SOLAS Chapter 1, Regulation 4(a)) granting permission from 
the Coast Guard to make a single voyage from the United States to a 
foreign country, and then operated solely within the waters of that 
foreign country are, at this time, not being required by the Coast 
Guard to be SOLAS safety compliant. Nonetheless, we can make no 
assurance that other parties to the SOLAS Convention will accept this 
continuing interpretation and may take port state action as they deem 
appropriate. Vessels in this situation will not be affected by the 
Coast Guard's interpretation of the term ``voyage.'' However, the Coast 
Guard is considering a regulation change for the future, which may 
apply SOLAS safety requirements to these vessels, but will not do so 
without notice and an opportunity for comment. Owners or operators of 
vessels of this description, or of other vessels deserving special 
consideration, should contact the cognizant Officer in Charge, Marine 
Inspection (OCMI) so that the OCMI may consider the facts and 
circumstances related to those particular vessels.
    By way of example, we consider U.S. vessels in foreign waters that 
fit the following descriptions to be on an international voyage. Thus, 
owners and operators of these vessels that meet the applicability 
standards of SOLAS, and operate in foreign countries, should not 
inadvertently believe they are exempt, either from the safety or 
security requirements of SOLAS.
    1. Vessels that did not previously receive a SOLAS exemption 
certificate (SOLAS Chapter 1, Regulation 4(a)) granting permission from 
the Coast Guard to make a single voyage from the United States to a 
foreign country, even though they may now be operating solely within 
the waters of a foreign country.
    2. Vessels that have engaged in any voyage from their country of 
operation, to a port in another country, without complying with all 
applicable SOLAS requirements.
    3. Vessels that failed to operate within the conditions or any 
other specific requirements of a SOLAS exemption certificate previously 
issued by the Coast Guard.
    Each of the scenarios in ``1'' thru ``3'' above, describe vessels 
that are on an international voyage. Thus, once within the waters of a 
foreign country, those vessels have been, and are, required to comply 
with all applicable SOLAS safety requirements.

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-2004-17615). 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: To view comments, 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: June 10, 2004.
T. H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 04-13981 Filed 6-18-04; 8:45 am]
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