[Federal Register Volume 69, Number 134 (Wednesday, July 14, 2004)]
[Notices]
[Pages 42192-42193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15968]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2002-13057]


Carriage of Navigation Equipment for Ships on International 
Voyages

AGENCY: Coast Guard, DHS.

ACTION: Notice of policy; extension.

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SUMMARY: The Coast Guard is extending its policy for resolving 
conflicts between its own regulations on navigation equipment on ships 
and the recent amendments to the International Convention for the 
Safety of Life at Sea, 1974, (SOLAS). The amendments to SOLAS entered 
into force on July 1, 2002. Until the Coast Guard aligns its 
regulations with these amendments, this policy should benefit ship 
owners and operators by relieving them of the need to meet existing 
Coast Guard regulations that are incompatible with or duplicitous of 
the new SOLAS requirements.

DATES: This extension of policy is effective July 14, 2004.

ADDRESSES: Documents mentioned in this notice are part of docket USCG-
2002-13057 and are available for inspection or copying at the Docket 
Management Facility, U.S. Department of Transportation, room PL-401, 
400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
contact LCDR James Rocco, Office of Vessel Traffic Management, U.S. 
Coast Guard Headquarters, telephone (202) 267-0550; e-mail 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Andrea M. Jenkins, Program Manager, Docket 
Operations, telephone (202) 366-0271.

SUPPLEMENTARY INFORMATION:

Background

    In December 2000, the International Maritime Organization amended 
chapter V of the International Convention for the Safety of Life at 
Sea, 1974, (SOLAS) at the 73rd Session of the Maritime Safety 
Committee. The amendments were accepted by the Contracting Governments 
to SOLAS on January 1, 2002, and entered into force on July 1, 2002.
    These amendments, in part, added requirements for the carriage of 
voyage data recorders (VDR) and automatic identification systems (AIS), 
changed the existing tonnage thresholds used to establish carriage 
requirements for some navigation equipment, and allowed an electronic 
chart display and information systems (ECDIS) to be accepted as meeting 
the chart carriage requirements of chapter V. Because of these 
amendments, the Coast Guard will need to align its regulations in 
titles 33 and 46 of the Code of Federal Regulations, especially those 
in 33 CFR part 164, with these amendments. Until this alignment occurs, 
problems may result because of the inconsistencies between SOLAS 
chapter V and Coast Guard regulations. For example, if a ship owner 
elects to install ECDIS, the ship may still be required under 33 CFR 
164.33 to carry paper nautical charts.

Policy Statement

    Since publishing our initial policy statement on August 15, 2002 
(67 FR 53382), we have implemented some SOLAS V amendment regulations. 
As part of our maritime security regulations, for example, we published 
an automatic identification system vessel carriage requirement final 
rule (68 FR 60559, October 22, 2003). But until the Coast Guard aligns 
all its regulations with the amendments to SOLAS chapter V, the 
following policy applies:
    For ships to which this policy applies, when an amendment to 
chapter V and a provision in Coast Guard regulations address the same 
navigational safety concern and when applying both would result in an 
unnecessary duplication, the Coast Guard will accept the provision 
under chapter V as meeting the corresponding Coast Guard regulation. In 
other words, if a ship has an approved ECDIS installed according to 
chapter V, the ECDIS will be considered by the Coast Guard as meeting 
its nautical chart regulation in 33 CFR 164.33(a)(1), because the ECDIS 
meets the same navigational safety concerns as do paper nautical 
charts. This policy benefits the ship owner and operator by relieving 
them of the need to unnecessarily duplicate equipment.
    Under SOLAS, chapter I, regulation 12, the Coast Guard will not 
issue SOLAS certificates to U.S.-flag ships that are not in full 
compliance with the applicable requirements of the new SOLAS, chapter 
V. The Coast Guard will continue to exercise port state control 
authority under SOLAS, chapter I, regulation 19, for foreign-flag ships 
that are not in compliance with the applicable requirements of SOLAS, 
chapter V. Also, U.S. flag vessels on international voyages, as defined 
in SOLAS, should be aware that foreign

[[Page 42193]]

countries may exercise port state control authority under SOLAS, for 
ships of 150 or more gross tonnage (that is, tonnage as defined under 
the International Convention on Tonnage Measurement of Ships, 1969) 
that are not in compliance with the applicable requirements of SOLAS, 
chapter V.

What Ships Are Affected?

    This policy applies to the following ships, which are subject to 
the amendments to chapter V:
    1. U.S.-flag ships of 150 or more gross tonnage that engage on 
international voyages.
    2. U.S.-flag ships certificated solely for service on the Great 
Lakes and the St. Lawrence River as far east as a straight line drawn 
from Cap de Rosiers to West Point, Anticosti Island, and, on the north 
side of Anticosti Island, the 63rd Meridian.
    3. Foreign-flag ships to which SOLAS, chapter V, applies that are 
operating on the navigable waters of the United States.
    Note that U.S.-flag ships without mechanical means of propulsion 
are exempt from certain requirements of SOLAS under SOLAS, chapter V, 
regulation 3.1.
    This policy is not applicable to U.S.-flag ships engaged only on 
domestic voyages. These ships must continue to comply with the existing 
navigation equipment requirements in titles 33 and 46 CFR.

How Long Will This Policy Remain in Effect?

    This policy will remain in effect until titles 33 and 46 CFR are 
aligned with SOLAS, chapter V.

    Dated: July 8, 2004.
Joseph J. Angelo,
Acting Assistant Commandant Marine Safety, Security and Environmental 
Protection.
[FR Doc. 04-15968 Filed 7-13-04; 8:45 am]
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