[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Notices]
[Pages 62560-62562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25500]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-0618]


Exemption and Equivalent Arrangements Under the International 
Convention on Load Lines, 1966, as Modified by the Protocol of 1988

AGENCY: Coast Guard, DHS.

[[Page 62561]]


ACTION: Notice of issuance and availability.

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SUMMARY: The Coast Guard announces that it has recently notified the 
International Maritime Organization (IMO) of issuance of an exemption 
under the International Convention on Load Lines (ICLL) covering 
reduced ``working freeboard'' exemptions for hopper dredges. In 
addition, the Coast Guard announces completion and availability of the 
DR-68 reduced freeboard standards for hopper dredges. The Coast Guard 
also notified IMO of approved equivalent arrangements, as permitted by 
the ICLL and U.S. regulations, regarding hatch covers for hopper 
dredges and barges that meet ``flooded hopper'' stability criteria. 
This notice may be of special interest to the U.S. dredging industry 
and naval architecture, and marine engineering firms.

DATES: The Coast Guard issued formal notification to the IMO of 
equivalent arrangements for hatch covers for certain unmanned open 
hopper barges on March 30, 2009. We issued formal notification to the 
IMO of equivalent arrangements for hatch covers for certain manned, 
self-propelled open hopper dredges on November 12, 2009. We issued 
formal notification to the IMO of reduced freeboard exemptions for 
hopper dredges on April 7, 2010.

ADDRESSES: More information on load lines can be found on the Coast 
Guard load line website at: http://www.uscg.mil/hq/cg5/cg5212/loadlines.asp. This notice, the IMO notifications, and DR-68 are 
available in the docket and can be viewed by going to http://www.regulations.gov, inserting USCG-2010-0618 in the ``Keyword'' box, 
and then clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Jordan, United States Coast 
Guard, Office of Design and Engineering Standards, Naval Architecture 
Division (CG-5212), at telephone 202-372-1370, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The International Convention on Load Lines (ICLL), 1966 is one of 
several international conventions administered by the IMO, a 
specialized agency of the United Nations. It was created to establish 
``uniform principles and rules with respect to the limits to which 
ships on international voyages may be [safely] loaded.'' Chapter 51 
(Load Lines) of Title 46 of the United States Code gives effect to ICLL 
provisions.
    The most familiar load line feature is the well-known ``Plimsoll 
mark'' visible on each side of the hull. However, load lined vessels 
must also meet specific design and construction requirements. The 
purpose of load line assignment is to ensure the over-all seaworthiness 
of the intact (undamaged) vessel. Ocean service load lines allow 
unrestricted operations on any ocean, at any time of year (an extreme 
example being winter in the North Atlantic). This is accomplished by 
load line requirements that ensure: A robust hull that can withstand 
severe sea conditions, the weathertight and watertight integrity of 
critical openings, sufficient reserve buoyancy and freeboard, and 
accurate stability and loading information provided on board.
    To that effect, the ICLL prescribes 44 regulations that pertain to 
the design and construction of a ship, an additional five regulations 
specifically for vessels that carry timber deck cargoes, and seven 
regulations that divide the oceans into zones and areas on the basis of 
seasonal weather criteria. The United States regulations for a domestic 
ocean service load line (in 46 CFR Part 42) implement Chapter 51 of 
Title 46 of the United States Code.

United States and ICLL Regulations

    As stipulated in 46 CFR 42.03-5, most commercial United States 
vessels more than 79 feet long that operate outside the Boundary Line 
are required to have a load line assignment. Those United States 
vessels that go on voyages to foreign ports must have an international 
load line assignment issued in accordance with the ICLL. United States 
vessels that operate outside the Boundary Line on domestic voyages only 
(i.e., coastwise, Great Lakes, or ocean voyages that return directly to 
a U.S. port) must have a domestic United States load line assignment.
    Although most domestic and ICLL load line requirements are 
appropriate for laden cargo ships on the high seas, some of the 
requirements can be overly conservative--and burdensome--for certain 
service vessels that operate nearshore under less-severe conditions. 
However, under the ICLL and 46 CFR 42.03-20 and 42.03-30, it is 
possible to relax those requirements--or exempt them entirely--if the 
vessel is still able to maintain the equivalent level of safety 
intended by load line assignment.

Exemption and Equivalency Authority Under the ICLL and United States 
Law

    Recognizing the wide variety of commercial vessel types and 
realizing that not every regulation is necessarily appropriate for 
every vessel design, the ICLL includes provisions that give 
Administrations (signatory member nations) some degree of flexibility 
in applying the regulations to vessels of unusual form or service. In 
addition, 46 U.S.C. 5108 (``Special Exemptions'') permits exemption of 
a vessel from the load lines requirements when ``(1) the vessel is 
entitled to an exemption under an international agreement to which the 
United States is a party; or (2) under regulations (including 
regulations on special operations conditions) prescribed by the 
Secretary, the Secretary finds that good cause exists for granting an 
exemption.'' When an exemption is granted, a certificate of exemption 
may be issued.
    Exemptions: Both ICLL Article 6(2) and 46 CFR 42.03-30 authorize 
the exemption of any vessel which embodies features of a novel kind 
from load lines requirements that might impede research and development 
of such novel features. Under both provisions, however, the relevant 
authority is required to ensure the over-all safety of the vessel for 
the service intended.
    Equivalents: Both ICLL Article 8 and 46 CFR 42.03-20 allow the 
approval of any alternative fitting, material, appliance, apparatus, or 
other provision, provided that the alternative is as effective as that 
required by the Convention.
    IMO Notification: When approving an exemption or equivalency under 
the authority of either Article 6(2) or 8, the Administration is 
required to submit a notification to IMO, describing the issue, the 
reasons for the Administration's decision, and the alternative 
arrangement that was approved (if applicable). IMO then circulates the 
notification among all member Administrations for their information.

ICLL Exemptions for Hopper Dredges: Reduced Freeboards

    The Coast Guard has recently approved reduced freeboard exemptions 
for some United States dredges under two special load line regimes: (1) 
``working freeboard'' and 2) DR67.

``Working Freeboard''

    With few exceptions, vessels are prohibited from submersion of 
their load line marks. This prevents overloading and maintains 
sufficient freeboard and reserve buoyancy for the high seas voyage. 
However, it is not possible for hopper dredges to conduct dredging 
operations under the extreme weather conditions anticipated by the load 
line regulations. Furthermore, unlike cargo ships, hopper dredges have

[[Page 62562]]

the unique ability to quickly jettison their spoils cargo and regain 
thousands of tons of buoyancy. Therefore, the full freeboard for 
unrestricted ocean operation is unnecessary during dredging operations. 
Permitting the dredge to operate at a reduced freeboard (i.e., to 
submerge its marks) under relatively benign weather conditions allows 
it to safely carry more spoils per run, thereby increasing its 
efficiency. Based on that consideration, there are two special reduced 
freeboard exemption regimes that have been developed for qualified 
hopper dredges.
    The first regime was established in 1989 for United States dredges 
operating in domestic waters, when the Coast Guard promulgated the 
``working freeboard'' load line regulations in 46 CFR 44.300 through 
44.340. In order to qualify for the reduced ``working freeboard'' 
assignment, a dredge must meet several design and equipment 
requirements: intact and two-compartment damage stability, remote draft 
indicators, ability to jettison spoils under emergency conditions, etc. 
When dredging at the reduced freeboard, it is operationally restricted 
to locations within 20 nautical miles from a place of refuge, seas not 
exceeding 10 feet and winds not exceeding 35 knots. Under these 
conditions, the dredge can be assigned a reduced ``working freeboard'' 
of 50% of its normal freeboard assignment.
    Several United States hopper dredges have qualified for this 
domestic ``working freeboard'' assignment over the 20 years that the 
regime has been in existence. The Coast Guard has now reviewed this 
domestic regime and determined that it is equally suitable for 
international service. For purposes of ICLL assignment, dredges that 
meet the ``working freeboard'' criteria of 46 CFR 44.300 embody ``novel 
features'' as contemplated by ICLL Article 6(2) (discussed above). When 
operated in conjunction with appropriate weather restrictions, they may 
safely operate at the reduced freeboard. Therefore, in accordance with 
the ICLL Article 6(2) and 46 CFR 42.03-30, and on a case-by-case basis, 
the Coast Guard will authorize an ICLL Exemption Certificate that 
exempts the dredges from ICLL Article 12, which otherwise prohibits 
submersion of the load line marks.

DR-67 and DR-68

    The second reduced freeboard regime for hopper dredges was 
established in 2001 by a joint European working group of classification 
societies, the dredging industry, the shipbuilding industry, and 
regulatory officials from Belgium, France, Germany, the Netherlands, 
and the United Kingdom. Their exemption regime is titled ``Guidelines 
for the Construction and Operation of Dredges Assigned Reduced 
Freeboards,'' but is generally referred to as ``DR-67.'' Like the 
United States ``working freeboard'' regime, DR-67 sets out similar 
design and equipment requirements. However, DR-67 differs from the 
United States regime in that it is more flexible in its weather 
restrictions, and can allow up to a 66% reduction in freeboard under 
sufficiently benign conditions.
    The European working group has revised and updated DR-67; the new 
revision is referred to as ``DR-68.'' The Coast Guard participated in 
this revision effort to ensure that DR-68 is consistent with United 
States safety concerns and in order to provide United States dredge 
operators with an alternative approach for reduced freeboard 
assignment. Therefore, in accordance with the ICLL Article 6(2) and 46 
CFR 42.03-30, and on a case-by-case basis, the Coast Guard will 
authorize an ICLL Exemption Certificate that exempts the dredges from 
ICLL Article 12, which otherwise prohibits submersion of the load line 
marks.

ICLL Equivalents for Hopper Dredges and Barges: Hatch Covers

    Ordinarily, load line regulations require hatch openings to be 
closed by weathertight hatch covers, since conventional cargo ships 
cannot survive extensive flooding of their cargo holds. However, some 
open hopper vessels (such as dredges, dump scows, etc.) can be designed 
to maintain adequate buoyancy and stability even with flooded hoppers. 
For such vessels, this stability characteristic provides an equivalent 
level of safety to the hatch covers; therefore, hatch covers are 
unnecessary and may actually interfere with other aspects of the vessel 
design.
    In accordance with the ICLL Article 8 and 46 CFR 42.03-20, the 
Coast Guard will, on a case-by-case basis, approve equivalent 
arrangements from ICLL Regulation 14 (requirement for hatch covers).

Coast Guard Notifications to IMO

    As required by the Convention, the Coast Guard has already 
submitted the requisite notifications to IMO. These documents, as well 
as copies of DR-67 and DR-68, are posted on-line at:  http://www.regulations.gov (docket ID number USCG-2010-0618).

Requesting Exemptions and Equivalencies

    Owners/operators of hopper dredges or barges desiring an exemption 
or equivalency using any of the above three standards should contact 
their load line issuing authority (classification society), who will 
review the vessel for compliance with the Coast Guard's criteria for 
the exemption or equivalency. The classification society will then make 
a recommendation to the Coast Guard Naval Architecture Division (CG-
5212) for approval. The mailing address is Commandant (CG-5212), U.S. 
Coast Guard, 2100 2nd Street, SW., Stop 7126, Washington, DC 20593-
7126.
    This notice is issued under authority of 5 U.S.C. 552 and 46 U.S.C. 
5108.

    Dated: September 15, 2010.
J.G. Lantz,
Director, Office of Commercial Regulations and Standards, U.S. Coast 
Guard.
[FR Doc. 2010-25500 Filed 10-8-10; 8:45 am]
BILLING CODE 9110-04-P