VESSEL AGENT S HANDBOOK

Transcription

1 VESSEL AGENT S HANDBOOK Thus publication is provided in continuing partnership with Vessel Agents in the Marine Safety Unit Savannah Area of Responsibility and is not intended to be all-inclusive. Any suggestions for improvement can be sent to the Chief, Prevention Department at Marine Safety Unit Savannah. This document is not a substitute for US Code, US Code of Federal Regulations or International Conventions; nothing herein modifies or supersedes the content of those texts. Updated: June 2014

2 Table of Contents CONTACT INFORMATION...3 ADVANCE NOTICE OF ARRIVAL...4 ENFORCEMENT ACTIONS FOR ANOA VIOLATIONS...6 TARGETING DECISION AND LOCATION OF EXAM.. 7 TESTS BEFORE ENTERING OR GETTING UNDERWAY. 8 REPORTING NON OPERATING NAVIGAITION EQUIPMENT ITEMS THAT WILL STOP A VESSEL FROM ENTERING PORT 10 REPORTING OF HAZARDOUS CONDITIONS..14 ILLNESS ON BOARD...14 BALLAST WATER MAMANFEMENT REPORTING...15 MARINE CASUALTIES...16 EXAMINATIONS FOLLOWING A MARINE CASUALTY 17 REQUIREMENTS FOR OIL & HAZARDOUS MATERIALS IN BULK TRANSFERS..17 REPORTING OIL SPILLS.18 TANK VESSEL EXAMINATION (OIL/CHEMICAL/GAS)..19 USER FEE FOREIGN TANK VESSEL EXAMS.21 DETAINABLE DEFICIENCIES 22 APPEAL PROCEDURES...26 FORCE MAJEURE

3 CONTACT INFORMATION WEBSITE: URL: Quick Link Contact Us EMERGENCY OR AFTER HOURS FOR MSU SAVANNAH USCG SECTOR CHARLESTON, COMMAND CENTER (843) USCG MSU SAVANNAH DUTY OFFICER (AFTER HOURS) (912) PORT STATE CONTROL (912) EXT.303 DOMESTIC (912) EXT.302 INVESTIGATIONS (912) EXT.211/206 ENFORCEMENT (912) EXT.238 WATERWAYS (912) EXT.221 POLLUTION (912) EXT 300 OTHER COAST GUARD NUMBERS: COFR/NATIONAL POLLUTION FUND CENTER (M-F 7AM-5PM & SAT 8:30AM-5PM EST) PHONE (202) AFTER HOURS PAGER 1(800) PIN: FACSIMILE (202) WEBSITE NATIONAL VESSEL DOCUMENTATION CENTER PHONE (800) FACSIMILE (304) WEBSITE OIL/HAZMAT SPILLS/SECURITY INCIDENTS (NATIONAL RESPONSE CENTER) PHONE (800) /(202) FACSIMILE (202) WEBSITE VESSEL RESPONSE PLAN STATUS QUESTIONS (202) COMPLIANCE ISSUES (202) WEBSITE TTP:// VESSEL INSPECTION USER FEES STATUS QUESTIONS (800) FACSIMILE (757) WEBSITE 3

4 ADVANCE NOTICE OF ARRIVAL Reference: 33 CFR The following tables are provided to help determine which vessels need to submit advance notice of arrival (ANOA) and departure. These tables are tailored to MSU Savannah Area of Responsibility. For applicability for other areas of the United States and Territories see 33 Code of Federal Regulations Part 160 Subpart C-Notifications of Arrival (NOA), Hazardous Conditions and Certain Dangerous Cargo. METHODS OF SUBMITTING ANOA PHONE (800) VOICE (304) FAX (800) EXCEL SPREADSHEET (304) EXCEL SPREADSHEET E-NOA INTERNET FORM FOR BOTH THE ONLINE AND OFFLINE SUBMITTAL Vessel arrivals are required by regulation to be submitted to the National Vessel Movement Center. The Coast Guard and Customs and Boarder Protection (CBP) require vessels crew, passenger, vessel, voyage and cargo information for safety and security purposes and for the enforcement of U.S. immigration, import, and export laws, prior to arrival in a U.S. port or place. More information on the system, including online forms, can be found on the Coast Guard s National Vessel Movement Center at For calls that require immediate action, you may contact MSU Savannah Command Duty Officer: (912) HOW A NOTICE OF ARRIVAL IS PROCESSED The arrivals are downloaded from the National Vessel Movement Center throughout the day and will be processed when received. Depending on the time of day the Notice of Vessel Arrival is submitted it can take 6 to 24 hours to process. After receipt of a NOA, the vessel s history is reviewed and the vessel is assigned a priority status. Vessel boardings fall into the followings types: 1. ISPS/MTSA Security Compliance 2. Port State Control and Environmental Protection Compliance 3. High Interest Vessels/COE s (Conditions of Entry) A combination of the above boardings may be conducted depending on the priority assigned to the vessel. A vessel may be delayed from entering port if it is determined that it must be boarded at sea. Where several vessels are required to be boarded by the Coast Guard on the same day, your vessel may be delayed from entering port until a boarding can be completed. In most cases, as soon as a boarding 4

5 decision is made the agent will receive a confirmation phone call. It is imperative to help facilitate commerce that we are kept informed of changes in the vessels arrival time. HANDLING OF INCOMPLETE NOTICE OF ARRIVALS The submitter of the ANOA will be contacted to supply the missing information. Vessels failing to provide the required ANOA information will be required to remain outside U.S. waters until such time as the vessel provides the required ANOA notification to the appropriate entity (National Vessel Movement Center or local COTP for vessels under 300 GT) and the vessel has been cleared of any security issues that would prevent the vessel from entering port. Offenders will be processed for a civil penalty, with a maximum penalty of $40,000, depending on extenuating circumstances and maybe required to remain outside U.S. waters for the appropriate 96 or 24-hour period depending on the vessel s last port of call. An investigation will be undertaken to ensure the factors surrounding the lack of notification are fully known before any enforcement or penalty action is undertaken. ADVANCE NOTICE OF ARRIVAL APPLIES TO All foreign vessels over 300 gross tons* U. S. Flagged vessels and Barges over 300 gross tons* U.S. Flagged vessels and barges under 300 gross tons* that are carrying certain dangerous cargo or controlling another vessel carrying certain dangerous cargo. *The International Tonnage shall be used in determining the 300 gross ton thresholds. ADVANCE NOTICE OF ARRIVAL DOES NOT APPLY TO THE FOLLOWING VESSELS U.S. recreational vessels under 46 U.S.C Passenger and supply vessels when employed in the exploration or in the removal of oil, gas or mineral resources on the continental shelf. Oil spill recovery vessels when engaged in actual spill response operations or during spill response exercise. If not carrying Certain Dangerous Cargo or controlling a vessel with CDC, then following are also exempt: Vessels 300 GT or less Vessels operating exclusively within a COTP Zone Vessels arriving at a port under Force Majeure Towing vessels and barges solely between Ports in the continental U.S. TIME FOR SUBMITTING A NOTICE OF ARRIVAL Voyage time 96 hours or more Submit NOA before departure but at least 96 hours before entering the port or place of destination. Voyage time of less than 96 hours Submit NOA before departure but at least 24 hours before entering the port or place of destination Any vessel planning to enter two or more consecutive ports or places in the United States during a single voyage May submit one consolidated NOA at least 96 hours before entering the first port or destination 5

6 UPDATING A NOTICE OF ARRIVAL When reporting changes, submit only: 1. Name of the vessel 2. Original NOA submission date 3. Port of arrival 4. Specific items to be corrected 5. New location of the vessel at the time of reporting If voyage time is: 96 hours or more An updated ANOA must be submitted as soon as practicable but at least 24 hours before entering the port or place of destination. Less than 96 hours but not less than 24 hours An updated ANOA must be submitted as soon as practicable but at least 24 hours before entering Less than 24 hours the port or place of destination. An updated ANOA must be submitted as soon as practicable but at least 12 hours before entering the port or place of destination. Any changes to the arrival or departure time that is less than 6 hours need not be reported. *Vessel must first meet the original submittal time of ANOA in order to enter the port of destination with the update. Ex. Vessel submits ANOA on 12/13/2014 3:00 PM before departing Freeport, Bahamas to arrive Savannah, GA on 12/14/14 3:00 PM. The owner/operator wants the vessel to arrive Savannah with haste. So the vessel submits an Update to the ANOA to arrive 12/14/2014 8:00 AM. The vessel will not be able to enter Savannah with the updated time since it did not meet the original 24 hours submittal requirements. ENFORCEMENT ACTIONS FOR ANOA VIOLATIONS The severity of the enforcement with the ANOA regulations will depend on the history of the vessel, owner, operator, charter, and agent and the aggravating circumstances of the violation. The charged party may receive a Letter of Warning, Notice of Violation (NOV) (monetary fine) or a Civil Penalty and also might be expelled from port or have operations suspended. Letter of Warning: Lowest level of enforcement. Notice of Violation: Monetary penalty and the amount will be based on the history of the violator (owner/operator/charter/agent). If the violator is a foreign entity, the vessel master may accept NOV on behalf of the charged party. The penalty will either be paid prior to the vessel departing the port with a third party check written to Coast Guard Civil Penalties. If the NOV is not accepted, then prior to departing port, the vessel provides the CG a Letter of Undertaking from the vessel s P&I Club for the maximum penalty amount of $40, A Hearing Officer will then adjudicate the violation. Civil Penalties: Adjudication is done by a CG Hearing Officer and would require the vessel to provide a Letter of Undertaking from the vessel s P&I Club for the maximum penalty of $40, prior to departure from port. 6

7 TARGETING DECISION AND LOCATION OF EXAM Reference: (excerpt from NVIC 06 03,CH 2) The ISPS/MTSA Security Compliance Targeting Matrix and PSC Safety and Environmental Protection Compliance Targeting Matrix evaluate a vessel s relative risk of noncompliance with maritime security and safety standards and results in the assignment of points. Each matrix will provide a total that corresponds to the designations of ISPS I/ISPS II/ISPS III and PI/PII/NPV. Once this evaluation is complete, the COTP or OCMI must decide on the location and timing of the boarding/examination as well as appropriate risk mitigation measures. ISPS I and PI examinations require a significant commitment of resources and time as they require port state control personnel with significant skill sets and they, in most cases, will occur at the sea buoy. They may also result in some type of risk mitigation measure during the inbound transit such as vessel escort or armed personnel onboard. If an ISPS I or PI vessel requires risk mitigation measures, then it should remain at sea or divert to a secure anchorage until the COTP or OCMI can put such measures in place. The COTP or OCMI must prioritize the use of resources to ensure that the USCG targets those vessels representing the highest risk to the port from both a security and safety aspect. 1. ISPS I Vessels and Priority I (PI) Vessels. The COTP or OCMI should examine ISPS I and PI vessels prior to port entry. The COTP or OCMI may downgrade an at-sea examination to in-port examination, with District approval, if the at sea examination presents a risk to personnel or the logistics of an at sea examination are impractical. In designating the at-sea examination location, the COTP or OCMI should consider local geography, the safety and security of the port, space for maneuvering, and safety of personnel during at sea transfers. 2. ISPS II and Priority II (PII) Examinations. While ISPS II and PII designated vessels theoretically represent a smaller risk, they still require assignment of significant resources. PII exams will normally be conducted pier-side prior to the loading or offloading of cargo and passengers. ISPS II examinations should begin before loading or offloading commence, but once the port state control team is satisfied that loading/offloading operations may begin, the team may authorize such operations so that security procedures related to cargo and passenger embarkation operations may be observed. The COTP or OCMI ultimately has to make a determination of what the most appropriate examination procedure should be for each individual case. 3. ISPS III and Non-Priority Vessel (NPV) Examinations. While ISPS III and NPV designated vessels theoretically represent the smallest risk, they still require random examinations. ISPS III and NPV exams will normally be conducted pier-side at a time convenient to the COTP or OCMI. The COTP or OCMI will not hold up loading or offloading of cargo and passengers prior to commencing an ISPS III or NPV exam. Vessels on a voyage involving consecutive U.S. port calls (without calling on a foreign port), and having been examined with satisfactory results at one of the previous consecutive U.S. port calls, may be designated as ISPS III and NPV. 7

8 TESTS BEFORE ENTERING OR GETTING UNDERWAY Reference: 33 CFR This regulation applies to all self-propelled vessel of 1600 or more gross tons except for warships and vessels owned, leased, or operated by the U.S. Government and used only in the government noncommercial service. A. No person may cause a vessel to enter into or get underway on the navigable waters of the United States no more than 12 hours, provided the following equipment has been tested: (1) Primary and secondary steering gear. The test procedure includes a visual inspection of the steering gear and its connecting linkage, and, where applicable, the operation of the following: (i) Each remote steering gear control system. (ii) Each steering position located on the navigating bridge. (iii) The main steering gear from the alternative power supply, if installed. (iv) Each rudder angle indicator in relation to the actual position of the rudder. (v) Each remote steering gear control system power failure alarm. (vi) Each remote steering gear power unit failure alarm. (vii) The full movement of the rudder to the required capabilities of the steering gear. (2) All internal vessel control communications and vessel control alarms. (3) Standby or emergency generator, for as long as necessary to show proper functioning, including steady state temperature and pressure readings. (4) Storage batteries for emergency lighting and power systems in vessel control and propulsion machinery spaces. (5) Main propulsion machinery, ahead and astern. B. No vessel may enter, or be operated on the navigable waters of the United States unless the emergency steering drill described below has been conducted within 48 hours prior to entry and logged in the vessel logbook, unless the drill is conducted and logged on a regular basis at least once every three months. This drill must include at a minimum the following: (1) Operation of the main steering gear from within the steering gear compartment. (2) Operation of the means of communications between the navigating bridge and the steering compartment. (3) Operation of the alternative power supply for the steering gear if the vessel is so equipped. 8

9 REPORTING NON OPERATING NAVIGATION EQUIPMENT Reference: 33 CFR POLICY: Upon written application, the COTP may authorize a deviation from any rule in 33 CFR Part 164. At MSU Savannah, written Letters of Deviation (LOD) are issued only for the equipment identified in the LOD Request Form because the COTP places certain restriction or provisions on vessels when any of the listed equipment is inoperative. LODs expire upon arrival at the vessel s destination, except transit and departure LODs that expire when the vessel departs the COTP MSU Savannah zone. An LOD is not a detention, however, the vessel must request a separate LOD to move within or depart the port if the equipment is not repaired. Repairs must be completed prior to departure! Departure LODs are only granted in extraordinary cases. For transit or departure LODs where the vessel s next port of call is a US port, a separate LOD must be requested from that COTP(s) zone. Each Captain of the Port will determine what level of restriction will be placed on a vessel s LOD on a case-by-case basis. If equipment becomes inoperable during a voyage, the vessel may continue to the next port of call subject to the directions of the COTP. The vessel must update their NOA with the operational condition of the navigational equipment. If the vessel s radar, radio navigation receivers, gyrocompass, echo dept sounding device, or primary steering gear stops operating properly, it must be reported to the COTP as soon as possible. LOD Applications are found in the following location: o Homeport and selecting Local Instructions and Forms under Port State Control (Foreign Vessel Boardings): The applications are to be submitted via to MSUSAVPREVENTION@USCG.MIL. Vessel agents can also contact the Port State Control Duty number at (912) , for any additional questions or clarifications. RESTRICTIONS THAT MAY ACCOMPANY A LETTER OF DEVIATION A vessel greater than 1600 gross tons with inoperable radar(s) Your vessel may enter the Port during daylight hours only, provided there is at least two (2) miles of visibility and have suitable assistance from a tugboat with operational radar. During your voyage a second licensed officer is required on the bridge to assist in navigation and there is a bow watchstander. Vessels greater than 10,000 gross tons with one of two required Marine Radars inoperable Your vessel may enter the Port during daylight hours only, provided there is at least two (2) miles of visibility, a second licensed officer is on the bridge to assist in navigation and there is a bow watchstander. 9

10 Inoperable Automatic Radar Plotting Aid (ARPA) and inoperable radar Your vessel may enter the Port during daylight hours only, provided there is at least two (2) miles of visibility. During your voyage a second licensed officer is required on the bridge to assist in navigation. Inoperable Gyrocompass Your vessel may enter the Port during daylight hours only, provided there is at least two (2) miles of visibility. The pilot must agree that the vessel can be safely navigated with the magnetic compass and the existing deviation table. During your voyage a second licensed officer is required on the bridge to assist in navigation and there is a bow watchstander. Inoperable Echo Depth Sounding Device Your vessel may transit the port during daylight hours only and/or; during your voyage, if visibility decreases below two (2) nautical miles, a second licensed officer is required on the bridge to assist in navigation. If visibility decreases below that acceptable to the pilot, your vessel may not be permitted to make the intended transit. An assist tug with operational echo depth sounder could be required to assist the vessel during its transit depending on the vessel destination. Inoperable Electronic Position Fixing Device Your vessel may enter the port during daylight hours only, provided there is at least two (2) miles of visibility and the pilot determines that piloting conditions are safe. ENFORCEMEMNT ACTIONS: Violators of the above regulations are liable for a civil penalty of up to $40,000 for each violation. VERIFICATIONS OF REPAIRS LODs may be cleared by one of the following methods: 1. On board verification of repairs by a Coast Guard Port State Control Officer, vessel flag administrator, or an authorized surveyor acting on behalf of the flag administration. 2. Independent third party verification by FCC licensed repair technician. 3. The COTP MSU Savannah will make the final decision whether to clear any LODs. ITEMS THAT WILL STOP A VESSEL FROM ENTERING PORT If the vessel does not have the following required items, a Captain of the Port Order will be issued ordering the vessel to remain outside U. S. Waters until proof of compliance is provided. These items are not all inclusive. There will be instances in which the circumstances or situation onboard the vessel must be evaluated to determine if further restrictions may apply. These situations will be evaluated on a case-by-case basis: 10

11 A. Vessel Response Plans: Vessel Response Plans are required for each vessel that is constructed or adapted to carry, or that carries, oil in bulk as cargo or as residues. It applies to all U.S. and foreign flag vessels operating or transferring oil in a port or place subject to the jurisdiction of the United States. Requirements and exceptions are outlined in 33 CFR 155. A Coast Guard letter of approval must be obtained by submitting such plan for revision 60 days before the intended handle, store, transport, transfer or lighter of oil in areas subject to the jurisdiction of the United States. B. Non-Tank Vessel Response Plans (NTVRP): The Nontank Vessel Response Plans and Other Response Plan Requirements (NTVRP) final rule, which was published in the Federal Register on September 30, 2013, requires vessel owners or operators of nontank vessels 400 gross tons and above to prepare and submit oil spill response plans for vessels operating on the navigable waters of the United States by January 30, Additionally, the final rule requires the submission of a Vessel Response Plan (VRP) Control Number with the vessel s advance notice of arrival. 1. Notice of Arrival Requirements: This final rule also requires the submission of VRP Control Numbers for both tank and nontank vessels as part of already required notice of arrival information listed in Title 33, Code of Federal Regulations, Part (a). The Coast Guard s electronic notice of arrival (enoa) online form already requires a submitter to check a box when they have a nontank (emphasis added) VRP and provides a control number entry field when the box is checked in the affirmative. Nontank vessels should continue to submit their VRP Control Number in this manner. At this time, no such prompt or entry field exists for tank vessels. Therefore, until an entry field is added to the enoa submission form for tank vessels, the Coast Guard advises tank vessel owner or operators to list their tank VRP Control Numbers in the enoa comments field. 2. Minimum Requirements for IOA Issuance: To meet the requirements of 33 CFR (a) and receive an IOA letter, vessels that are visiting the ports or places in the United States for the first time and have not received an approval letter of their NTVRP from CG Office of Commercial Vessel Compliance, VRP Program, vessels must submit the following information prior to entry to COMDT (CG-CVC) to the address listed below: a. Identification of a qualified individual (QI) and alternate QI, b. Identification of an OSRO by contract or written consent as appropriate c. Identification of a salvage and marine firefighting provider and submission of a Salvage contract and funding agreement or written consent agreement as appropriate, and d. Signed certification statement as required by 33 CFR (b). 3. Please note, if the plan is not fully compliant with other Subpart J requirements, i.e., pre-fire plan or vessel specific information is lacking, the certification statement should identify those plan elements that are incomplete. 11

12 4. Address of COMDT (CG-CVC): a. Commandant U.S. Coast Guard Inspections and Compliance Directorate 2703 Martin Luther King Jr Ave SE, STOP 7501 Washington, DC b. c. Ph: (202) The following link in homeport provides additional NTVRP information. C. Certificate of Financial Responsibility (COFR): The code of federal regulations requires that the owner or operator of a U. S. or foreign flag vessel that meets the following must obtain a proper COFR: 1. A tank vessel of any size, and a foreign-flag vessel of any size, using the waters of the exclusive economic zone to transship or lighter oil (whether delivering or receiving) destined for a place subject to the jurisdiction of the United States; and 2. Any vessel using the navigable waters of the United States or any port or other place subject to the jurisdiction of the United States, including a vessel using an offshore facility subject to the jurisdiction of the United States, except (a) A vessel that is 300 gross tons or less; or (b) A non-self-propelled barge that does not carry oil as cargo or fuel and does not carry hazardous substances as cargo. 3. For the purposes of financial responsibility under OPA 90, a mobile offshore drilling unit is treated as a tank vessel when it is being used as an offshore facility and there is a discharge, or a substantial threat of a discharge, of oil on or above the surface of the water. A mobile offshore drilling unit is treated as a vessel other than a tank vessel when it is not being used as an offshore facility. 4. In addition to a non-self-propelled barge over 300 gross tons that carries hazardous substances as cargo, for the purposes of financial responsibility under CERCLA, this subpart applies to a selfpropelled vessel over 300 gross tons, even if it does not carry hazardous substances. 5. Does not apply to operators of public vessels. In order to obtain a COFR you must contact the COFR desk at (703) or by fax at (703) for further information and application requirements you could also visit If a ship is discovered in port without having a COFR or that its COFR has expired, enforcement actions will follow along with a Letter of Under taking from the vessel s P&I Club for a max of $40, for everyday the vessel was in violation and expulsion from port. Regulation: 33 CFR 138 D. International Safety Management (ISM) Certificate: Reference: SOLAS IX, IMO Guidelines, NVIC 4-98, 33 CFR 95 12

13 Compliance is mandatory for the following vessels that are 500 GTs or more: 1. Passenger ships, including high speed crafts 2. Oil tankers 3. Chemical tankers 4. Gas carriers 5. Bulk carriers, and cargo high speed-craft 6. All other cargo ships Vessels that do not provide ISM certificate of information on the NOA form will be denied entry into U.S Ports until such time as adequate proof is provided to the Captain of the Port that the vessel has achieved compliance. Vessels that are discovered in port without ISM Code Certificates the following enforcement actions will be taken: 1. The vessel will be detained 2. Cargo operations may be prohibited or suspended 3. Civil Penalty actions shall be commenced 4. The COTP/OCMI will investigate the situation to determine whether there has been a violation under Title 18, United States Code, Section 1001 with respect to the ship knowingly and willfully providing false information regarding the ISM Code compliance status in its Notice of Arrival. If this is the case the person provided the false information may be subject to criminal prosecution and subject to fines and/or imprisonment for up to five years. 5. The vessel s flag state and classification society shall be notified 6. An expanded PSC examination shall be conducted. If the only deficiencies identified related to the ISM Code certificates and a bond or other surety has been filed to cover the amount equal to the maximum civil penalty that may be assessed, the ship may be allowed to conduct cargo operations, released from detention and issued a COTP Order directing the vessel to depart. In addition the COTP/OCMI shall inform the master that the ship will be denied entry into all U.S. ports until adequate proof of compliance with the ISM Code is provided to the cognizant COTP/OCMI E. International Ship Security Certificate: Reference: SOLAS IX-1, 33 CFR 101, 104 As of July 1, 2004 the following types of ships engaged on international voyages, are required to adhere to the International Ship & Port Facility Security Code (ISPS). This code applies to passenger ships including high-speed passenger craft, cargo ships including high-speed craft of 500 gross tonnages and upwards. An International Ship Security Certificate shall be issued to a vessel that verifies that the security system and any associated security equipment of the ship fully complies with the applicable requirements in Chapter 19.2 of the ISPS Code. The International Ship Security Certificate shall be issued for a period specified by the Administration, which shall not exceed 5 years. Operational Control measures will be placed on any vessel by the COTP found to be non-compliant. 13

14 REPORTING OF HAZARDOUS CONDITIONS Reference: 33 CFR For the Captain of the Port Zone Savannah, any of the required notifications may be made 24 hours a day by calling (912) Command Duty Officer. In addition, reports may be made by contacting the Coast Guard on VHF radio Channel 16. There are several federal regulations that require reports to the U.S. Coast Guard: 1. Reporting Non-Operating Navigation Equipment (33 CFR ): If the vessel s radar, radio navigation receivers, gyrocompass, echo-depth sounding device, or primary steering gear stops operating properly, the person directing the movement of the vessel must report that it is not operating properly to the nearest Marine Safety Unit, Officer in Charge Marine Inspection. 2. NOTICE of Hazardous Conditions (33 CFR ): Whenever there is a hazardous condition either aboard a vessel or caused by a vessel or its operation, the owner, agent, master, operator or person in charge shall immediately notify the nearest Captain of the Port. Hazardous condition is defined in 33 CFR as any condition that may adversely affect: a. the safety of any vessel, b. bridge c. structure d. shore area e. or the environmental quality of any port, harbor, or navigable waterway of the U.S. REPORTING OF ACCIDENT TO AN AID TO NAVIGATION Reference: 46 CFR Whenever a vessel collides with a buoy, or other aid to navigation or is connected with any such collision, it shall be the duty of the person in charge of such vessel to report the accident to the nearest Officer in Charge, Marine Inspection. ILLNESS ON BOARD If any of the crewmembers onboard the vessel that is bound for a port or place in the U.S., makes a report of being ill or are showing symptoms of which they have to be sent out to the local doctor for further determination or are to be confirmed of being sick and needs to be quarantine onboard the vessel or cannot sail with the vessel, you are required to notify the MSU Savannah and/or the Center of Disease Control in Atlanta at (404)

15 BALLAST WATER MANAGEMENT REPORTING Reference: 33 CFR 151 Enclosures to NAVIGATION AND INSPECTION CIRCULAR Introduction: The Ballast Water Management (BWM) reporting and record keeping requirements of 33 CFR 151, Subpart D, as amended by the June 14, 2004 Final Rule, and provides guidance for foreign and domestic vessel owners, operators, agents and persons-in-charge for complying with these requirements. The final rule titled Penalties for Non-submission of Ballast Water Management Reports, implements a maximum $27,500 a day Civil Penalty and Class C Felony provisions for failing to submit a BWM reports and failing to maintain BWM records. The final rule also expands existing BWM reporting and record keeping requirements to include all vessels equipped with ballast water tanks that transit to any U.S. port or place of destinations, regardless of whether the vessel operated outside the Exclusive Economic Zone (EEZ) of the U.S. or equivalent zone of Canada. Applicability: The master, owner, operator or person-in-charge of any vessel equipped with ballast water tanks, that is bound for ports or places in U.S. waters, must ensure complete and accurate BWM reports are submitted in accordance with 33 CFR , and signed BWM records are kept on board the vessel for a minimum of two years in accordance with 33 CFR Shipping agents of vessel operating in U.S. waters should, where possible, facilitate efforts to submit complete, accurate and timely reports. Exemptions: The only vessels that are exempt from the mandatory BWM requirements under 33 CFR are: a. Vessels that operate exclusively within one COTP zone; b. Crude oil tankers engaged in coastwise trade; and c. Vessels of the Department of Defense, U.S. Coast Guard, or any of the Armed Services as defined within 33 USC 1322 (a) and (n). You must submit your report as detailed below: Report before departing the port or place of departure if the voyage is less than 24 hours, or at least 24 hours before arrival at the port or place of destination if the voyage exceeds 24 hours; and submit the required information to the National Ballast Information Clearinghouse (NBIC) by one of the following means: Internet: NBIC@BALLASTREPORT.ORG Fax: Mail: U.S. Coast Guard C/O SERC P.O. Box 28 Edgewater, MD During Port State Control Safety Exams, compliance with the Ballast water Management Program will be checked. This will include reviewing the Ballast Water Log required by 33 CFR , confirming that BW Report has been sent to NBIC or SERC and by taking samples of ballast water and sediments. A copy of the Ballast water Reporting Form can be downloaded at 15

16 MARINE CASUALTIES Reference: 46 CFR 4 Federal law (46 U.S.C. 6101) requires the owner, agent, master, operator, or person in charge, shall notify the nearest Marine Safety Unit or Coast Guard Sector of a marine casualty as referenced below. If the vessel remains in U. S. waters, voyage records shall be retained for a minimum of 30 days; if the vessel departs U.S. waters, the voyage records must be retained for at least 30 days after the return of the vessel to a U.S. port. For the Captain of the Port Zone Savannah, any of the required notifications may be made 24 hours a day by calling (912) Command Duty Officer. In addition, reports may be made by contacting the Coast Guard on VHF radio Channel 16. REPORTABLE MARINE CASUALTIES: 1. An unintended grounding, or an unintended strike of (allison with) a bridge; 2. An intended grounding, or an intended strike of a bridge, that creates a hazard to navigation, the environment, or the safety of a vessel, or that meets any criterion of paragraphs (a) (3) through (8); (3) A loss of main propulsion, primary steering, or any associated component or control system that reduces the maneuverability of the vessel; 3. An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service or route, including but not limited to fire, flooding, or failure of or damage to fixed fire-extinguishing systems, lifesaving equipment, auxiliary power-generating equipment, or bilge-pumping systems; 4. A loss of life; 5. An injury that requires professional medical treatment (treatment beyond first aid) and, if the person is engaged or employed on board a vessel in commercial service, that renders the individual unfit to perform his or her routine duties; or 6. An occurrence causing property-damage in excess of $25,000, this damage including the cost of labor and material to restore the property to its condition before the occurrence, but not including the cost of salvage, cleaning, gas-freeing, drydocking, or demurrage. 7. An occurrence involving significant harm to the environment as defined in Sec In addition to the immediate notice a written report required for all vessel casualties and personnel injures shall be made on Form CG2692 Report of Marine Casualty, Injury, or Death no later than five (5) days after the incident. This report will provide sufficient details to allow an understanding of both the nature of the casualty and the circumstances or cause(s) thereof. If the marine casualty is determined to be a serious marine incident as defined by 46 CFR additional information is required. 46. CFR 4.06 requires the marine employer to conduct chemical testing, no later than two (2) hours for alcohol and no later than thirty-two (32) hours for drugs, to all individuals directly involved in a serious marine incident. CG Form 2692-B must be submitted (in addition to CG-2692) outlining the results of the collected specimens. The responsibility for the testing falls on the owner, operator or representative of the subject vessel. 16

17 Enforcement action: The law provides for penalties of up to $40,000 for failure to make this report within-five (5) days or as soon thereafter as possible. Questions concerning these regulations may be made to the Coast Guard Investigations Division at (912) ext 211. EXAMINATIONS FOLLOWING A MARINE CASUALTY Following a marine casualty affecting seaworthiness of the vessel or risk to the port, a casualty investigation and a Port State Control Examination will be conducted for an inbound or outbound vessel. The COTP must evaluate a number of safety and logistical concerns when determining the appropriate operation controls (tug assistance, daylight transit, additional watchkeepers, etc) and port casualty exam location. The COTP has the discretion to conduct the post casualty exam at sea or in port based on a risk assessment including the condition of the vessel, operational controls in place, complexity of the waterway to be transited, and other local factors. Vessels that had marine casualties that occurred prior to entry shall be examined offshore prior to entry into the port. Marine casualties that occur on vessels during their outbound transit shall be required: 1. To moor to effect repairs to machinery and wait for CG Examiners/Casualty Investigators and will be required to have the vessel s Certificate Issuing Authority attend the vessel to attest to the repairs, or; 2. Proceed to sea but will be required to stay within the boundaries of MSU Savannah Marine Inspection and Captain of Port Zone and wait for CG PSC Examiners/Casualty Investigators and will also be required to have the vessel s Certificate Issuing Authority attend the vessel to attest to the repairs voyage continuation. REQUIREMENTS FOR OIL & HAZARDOUS MATERIALS IN BULK TRANSFERS Reference: 33 CFR 154, 33 CFR 155, 33 CFR 156 Bunkering: Regulations outlining bunkering and fueling operations for vessels and shore facilities are very stringent. Requirements for conducting such operation are outlined in 33 Code of Federal Regulations, Part 154 Subpart C. A designated Person In Charge (PIC) must be assigned to conduct such an evolution in a safe manner and following the transfer criteria outlined in 33 CFR 154. Transfer Procedures: Proper transfer procedures (IAW 33 CFR ) must be prepared and are required to be used while transferring oil products and hazardous materials in bulk. Such transfer procedures must be readily available for Coast Guard inspection during routine boardings. IN addition, a proper Declaration of Inspection, following the parameters set forth in 33 CFR must be completed by the designated PICs conducting the transfer. 17

18 Fixed and Mobile Facilities: Each mobile or fix facility providing serves must be authorized by the U.S. Coast Guard and pertinent local authorities in order to conduct such operation. Upon Coast Guard request, a valid U.S. Coast Guard issued Letter of Adequacy and approved Response Plan must be provided by the fixed and mobile facility, meeting applicable criteria and presently conducting fueling and/or bunkering operations within the MSU Savannah zone. Advance Notice of Transfer: The Captain of the Port has invoked the provisions of 33 CFR to require that all marine transportation-related facility operators in the MSU Savannah Area of Responsibility to give advance notice of transfers at least 4 hours prior to scheduled operations. This requirement applies to both fixed and mobile facilities, to cargo as well as bunkering operations, as defined in 33 CFR Notice should include the following information: Name of facility and vessels involved; Date, time, and location of the intended transfer; Type and approximate amount of product that will be transferred; Contact name and phone number. Required notifications may be sent to the following , MSUSAV-FAC@USCG.MIL, or by fax at (912) REPORTING OIL SPILLS Marine Safety Unit Savannah will investigate all reports of potential and actual discharges and/or release of oil or hazardous materials in U.S. navigable waters. Our min goal is to eliminate sources of discharge and avoid further damage to our fragile ecosystem. As required by law, any oil or hazardous material discharge/release must be immediately reported to the National Response Center (NRC). In the event that the NRC cannot be reached report the spill to MSU Savannah or Sector Charleston Command Center. Cleanup efforts for spilled products are required by law to be assumed by the Responsible Party (RP), response that will be monitored or directed as needed by the Federal On-Scene Coordinator. IF the RP takes improper or no action towards successfully cleaning/completing a discharge, the U.S. Coast Guard will assume/complete the cleanup efforts and will later bill the RP for all incurred cleanup cost. INITIAL CONTACT National Response Center: Phone (800) Fax (202) Website: MSU Savannah CDO (912)

19 TANK VESSEL EXAMINATION (OIL/CHEMICAL/GAS) 1. OIL PRODUCT CARRIERS: Certificate of Compliance (COC) are issued to foreign tank vessels entering territorial waters of the United States. Each vessel shall undergo a full safety examination at its initial U.S. port of call and at least annually thereafter. The purpose of this inspection is to ensure compliance with applicable safety provision found in SOLAS, International Loadline Convention, International Labor Convention, MARPOL, and all applicable Unite States regulations. 2. CHEMICAL AND GAS CARRIERS: a. Foreign tank vessels transporting chemicals and gas products must hold a valid Certificate of Compliance (COC) issued by the U.S. Coast Guard in order to conduct transfer operations within territorial waters. Along with the COC, a Chemical Tanker Vessel Information Sheet will list the cargoes the vessel is prohibited from carrying in U.S. waters. b. Chemical Tankers whose flag state is not party to MARPOL will not be issued a COC for the carriage of chemicals unless a subchapter O Endorsement has been issued by Commanding Officer, Marine Safety Center (Washington, D.C.) after reviewing the vessel plans and relevant IMO certificates. However a COC may be issued to carry oil products if the International Oil Pollution Certificate is endorsed for the carriage of oil. c. Gas carriers along with the COC will be issued a Subchapter O endorsement with a list of cargoes authorized to be transported. U.S. port entry approval will be given by Commanding Officer, Marine Safety Center (Washington, D.C.) after reviewing the vessel plans and relevant IMO certificates. Once that plan review is complete the vessel must notify the Officer in Charge Marine Inspection for the port where the vessel is to be inspected at least seven (7) days before the vessel arrives and arrange the exact time and other details of the examination. The seven day notification procedure is required by law if subject vessel is due for an initial or reissuance of a Certificate of Compliance. i. Procedures for applying a Subchapter O Endorsement can be found on CG Homeport website. ii. Procedures for Chemical Tanker not party to MARPOL can be found in 46 CFR 153.9(b) 3. Cargo Operations permitted with an expired COC-Oil Tanker, Chemical, Gas: At the discretion of, and with the prior approval from, the local OCMI/COTP, tankers with expired COC s (renewal or mid-period) that are not more than three months pass due, and with no indications that the vessel is not in compliance with applicable laws and regulations, should not be restricted from commencing cargo operations prior to an examination. However, the COC must be completed prior to departure. Vessels that are more than three months beyond the due date of their COC will continue to be boarded prior to commencement of cargo operations. To request cargo operations with an expired COC a Cargo Waiver (ENCLOSURE 2) must be submitted to Marine Safety Unit Savannah via and it is also found at the following link in Homeport and selecting Local Instructions and Forms under Port State Control (Foreign Vessel Boardings): 19

20 4. Scheduling Certificate of Compliance: Due to the complexity of these examinations, night exams will be evaluated in a case by case basis. a. COC-Oil Tanker: The Code of Federal Regulations does not provide a required advance notification for vessel with an expired COC, other than 96-hour notice of arrival required by 33 CFR However, local policy implemented by the Officer in Charge Marine Inspection (OCMI) strongly recommends that inspections be scheduled at least 96 hours in advance. b. COC-Chemical and Gas: Vessel owners, operators and agents are required by 46 FR (a) or 46 CFR (b) to provide an advance notice of arrival at least 7 days in advance, to advice the OCMI/COTP that the vessel is due for a COC. 5. Marine Chemist Certification of space containing Cargo Transfer Equipment: During annual and renewal of Certificate of Compliance (COC) examinations, a Marine Chemist must certify that the following compartments are SAFE FOR WORKERS prior to entry of Coast Guard personnel: a. Cargo pump room b. Ballast pump room containing cargo stripping pumps, or c. Compressor room on vessel carrying bulk liquefied gas d. Dedicated deck trunk space containing high/overfill alarms/cargo pumps, cargo tank ullages and steam lines. e. All cargo transfer equipment listed in these spaces must remain secured until the Coast Guard Port State Control Officers have completed the exam. The Port State Control Officers will notify the vessel master or Chief Mate when the equipment can be restarted. f. In accordance with NFPA 306, the Marine Chemist will perform the following tasks: i. Whenever possible, physically enter each compartment or space to conduct a visual inspection. ii. Determine three previous cargoes carried: 1. Verify that any pipelines that could release hazardous material into spaces are secured and tagged in such a manner to prevent accidental operation; 2. Test spaces for oxygen (19.5% minimum, 22% maximum); 3. Test spaces for flammable gases (must be below 10% lower explosive limit) and 4. Test spaces for toxic substances (must be within permissible concentrations) g. Upon being issued by the Marine Chemist and signed by the ship s representative, the certificate is valid for 24 hours if conditions remain the same. The certificate should state the conditions under which the Marine Chemist should be consulted or recalled. The certificate 20

21 should also list any conditions that must be maintained by the competent person to ensure validity of the certificate. These conditions might include: i. Types of additional test/inspections; ii. Frequency of further tests/inspections; iii. Required qualifications, and Other pertinent instructions h. To limit potential problems, it is recommended that the Marine Chemist issue the certificate the day of the Coast Guard exam. A directory of marine chemist can be found at 6. The Coast Guard Examination Books (job aids) can be found at Homeport. Agents are requested to disseminate this information to vessel entering the OCMI MSU Savannah Area of Responsibility. Knowledge of this information will help expedite the Port State Control examination, minimizing any unnecessary delays in cargo operations and vessel departure delays. USER FEE FOREIGN TANK VESSEL EXAMS Reference: 46 CFR The following pertains strictly to foreign vessels: Foreign vessels not subject to user fees: Foreign vessel receiving Certificate of Compliance letters. (Note: vessels of foreign nations not party to SOLAS, and vessels to which SOLAS does not apply, are subject to the same inspection requirements as U.S. vessels and therefore are subject to fees) Foreign Vessel not subject to User Fees: Foreign Passenger Vessels undergoing Control Verification examinations. FEE: Foreign tank ships are issued Certificate of Compliance, which is avalid for two years. These tank ships are also examined annually, at which time the vessel s COC is endorsed. The fee for each of these examinations is $1, regardless of the size of the vessel. Follow up visits necessary for corrections of deficiencies related to the above examinations are included in the fees established for COC examinations. PAYMENT PROCEDURES: The fee may be paid by the vessel owner, the vessel operator, or some other designated vessel representative (e.g. vessel s agent); however, the primary responsibility for payment of the fees resides with the vessel owner. Payment for the examination must be received before any examination services will be provided. Payment must be in the form of a check or money order, in U. S. currency drawn on a U. S bank, and made payable to the U.S. Treasury. If desired, vessel owners and operators may pay examination fees for several different vessels under the same transaction, provided that the vessel name and vessel identification number (VIN) of each vessel for which a payment is being made accompanies the payment, The resent system has no provisions for prepayment of future year examinations for foreign vessels. The vessel s name and the VIN must accompany all payments. 21