[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Notices]
[Pages 2683-2684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00512]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-0772]


Carriage Standards for Bridge Navigational Watch Alarm Systems 
(BNWAS) Aboard U.S. Flagged Vessels

AGENCY: Coast Guard, DHS.

ACTION: Notice of International Standards.

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SUMMARY: The Coast Guard announces the implementation date of carriage 
standards for Bridge Navigational Watch Alarm Systems (BNWAS), in 
accordance with the Articles of the International Convention for the 
Safety of Life at Sea (SOLAS) Chapter V, Regulation 19, for U.S. 
flagged vessels engaged on international voyages. The purpose of a 
BNWAS is to detect operator disability that could lead to marine 
accidents.

DATES: The effective date for the BNWAS standard, according to the 
terms of SOLAS Chapter V, Regulation 19, was January 1, 2011. The 
implementation schedule for carriage of a BNWAS is listed below in the 
SUPPLEMENTARY INFORMATION section.

ADDRESSES: To view the documents mentioned in this notice, go to http://www.regulations.gov and use ``USCG-2012-0772'' as your search term. If 
you do not have access to the Internet, you may view the docket online 
by visiting the Docket Management Facility in Room W12-140 on the 
ground floor of the Department of Transportation West Building, 1200 
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. We have an agreement 
with the Department of Transportation to use the Docket Management 
Facility.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact LCDR Christopher Gagnon, U.S. Coast Guard, Commercial 
Vessel Compliance Division (CG-CVC-1), telephone 202-372-1224 or email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The purpose of a BNWAS is to detect operator disability that could 
lead to marine accidents. A BNWAS monitors the awareness of the Officer 
of the Watch (OOW) and automatically alerts the Master or another 
qualified OOW if, for any reason, the on-duty OOW becomes incapable of 
performing his or her duties. This purpose is achieved through a series 
of indications and alarms to alert the on-duty OOW and, if he or she 
does not respond, then to alert the Master or another qualified OOW at 
a remote location onboard the vessel. Additionally, a BNWAS may provide 
the on-duty OOW with a means of calling for immediate assistance, if 
required. A BNWAS should be operational whenever the ship's heading or 
track control system is engaged, unless inhibited by the Master.
    The International Maritime Organization (IMO) established BNWAS 
carriage requirements in order to enhance safety of navigation. The 
BNWAS performance standards are outlined in IMO Resolution MSC.128(75), 
adopted on May 20, 2002. Effective as of January 1, 2011, IMO 
Resolution MSC.282(86) amended SOLAS Chapter V, Regulation 19, and 
established an implementation schedule for the carriage of a BNWAS 
(SOLAS V,

[[Page 2684]]

Reg.19.2.2.3) for new and existing ships as follows:
     Cargo ships \1\ of 150 gross tonnage and upwards and 
passenger ships irrespective of size constructed on or after July 1, 
2011;
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    \1\ SOLAS defines the term cargo ship to mean any ship which is 
not a passenger ship (SOLAS Chapter I, Reg.2(g)).
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     Passenger ships \2\ irrespective of size constructed 
before July 1, 2011, not later than the first survey after July 1, 
2012;
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    \2\ SOLAS defines the term passenger ship to mean a ship which 
carries more than twelve passengers (SOLAS Chapter I, Reg.2(f)).
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     Cargo ships of 3,000 gross tonnage and upwards constructed 
before July 1, 2011, not later than the first survey \3\ after July 1, 
2012;
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    \3\ SOLAS defines the term first survey to mean the first annual 
survey, the first periodical survey or the first renewal survey 
whichever is due first after the date specified in the relevant 
regulation or any other survey if the Administration deems it to be 
reasonable and practicable, taking into account the extent of 
repairs and alterations being undertaken. SOLAS also states that for 
a ship under construction, where the keel is laid before, but the 
ship is delivered after, the date specified in the relevant 
regulation, the initial survey is the first survey (MSC.1/Circ.1290, 
Dec. 16, 2008). For non-class inspected vessels, the Coast Guard 
expects that foreign authorities would interpret first survey to 
mean the first inspection for certification or annual inspection. 
For uninspected vessels, the Coast Guard expects that foreign 
authorities would interpret first survey to mean the date of the 
next annual Load Line survey.
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     Cargo ships of 500 gross tonnage and upwards but less than 
3,000 gross tonnage constructed before July 2011, not later than the 
first survey after July 1, 2013; and
     Cargo ships of 150 gross tonnage and upwards but less than 
500 gross tonnage constructed before July 1, 2011, not later than the 
first survey after July 1, 2014.
    IMO Resolution MSC.282(86) also amended SOLAS Chapter V, Regulation 
19 by stating that the BNWAS shall be in operation whenever the ship is 
underway at sea. Additionally, a BNWAS installed prior to July 1, 2011 
may subsequently be exempted from full compliance with IMO standards at 
the discretion of the vessel's flag state.
    In addition, section 1.1 of SOLAS Chapter V, Regulation 19 provides 
that BNWAS requirements apply to ships constructed after July 1, 2002. 
We note, however, that the IMO has received proposed amendments from 
the Bahamas and Denmark to amend this applicability section to include 
vessels constructed before July 1, 2002.\4\ Unless and until the IMO 
updates the applicability provisions of SOLAS Chapter V, Regulation 19, 
the Coast Guard will recognize vessels constructed before July 1, 2002 
as exempt from the SOLAS BNWAS requirements.
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    \4\ A copy of IMO Circular letter No. 3333, dated December 10, 
2012, is available for viewing the public docket for this notice.
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Voluntary Compliance

    The Coast Guard has not yet adopted domestic regulations to 
implement the SOLAS BNWAS requirements. Accordingly, carriage of a 
BNWAS on U.S. flagged vessels is voluntary. Note that any vessel 
operating on international voyages without a BNWAS past the applicable 
compliance date may be subject to detention by foreign port state 
officials and other administrative action by foreign authorities.
    Regardless of whether a vessel is in compliance with the SOLAS 
BNWAS requirements, the Coast Guard or Recognized Class Society (RCS) 
will continue to issue SOLAS Safety Equipment Certificates to U.S. 
flagged vessels that are otherwise in compliance with applicable SOLAS 
requirements. In either case, each vessel's SOLAS Safety Equipment 
Certificate will reflect whether the vessel is in compliance with the 
SOLAS BNWAS requirements.
    In determining whether a vessel's BNWAS is compliant with SOLAS, 
the Coast Guard or RCS will refer to the BNWAS performance standards 
outlined in IMO Resolution MSC.128(75). We also note that the IMO 
Report to the Maritime Safety Committee (NAV 54/25), dated August 14, 
2008, states that the carriage of a BNWAS should not lead to a 
reduction in manning levels on the bridge. Consistent with the position 
of other SOLAS member flag states, the Coast Guard does not expect to 
issue exemptions or equivalencies from the BNWAS requirements to 
vessels based on the use of multiple bridge watch personnel alone. The 
Coast Guard would consider other requests for exemptions or 
equivalencies on a case-by-case basis under the authority granted under 
SOLAS Chapter V, Regulation 3. Any requests to the Coast Guard for 
exemptions or equivalencies should be made to Commandant (CG-CVC-1), 
via the local Officer in Charge, Marine Inspection.
    Finally, operators seeking approval of a BNWAS installed prior to 
July 1, 2011 based on the amendments in IMO Resolution MSC.282(86) 
should submit a gap analysis of their BNWAS compared to the current 
BNWAS performance standards outlined in IMO Resolution MSC.128(75) to 
Commandant (CG-CVC-1) for review.

    Authority: This notice is issued under the authority of 5 U.S.C. 
552(a).

    Dated: January 7, 2013.
Paul F. Thomas,
Captain, U.S. Coast Guard, Director, Inspections and Compliance.
[FR Doc. 2013-00512 Filed 1-11-13; 8:45 am]
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