Vessel Agent s Handbook

Transcription

1 PREVENTION DEPARTMENT Vessel Agent s Handbook This publication is provided in continuing partnership with Vessel Agents in the Sector San Juan Area of Responsibility and is not intended to be all-inclusive. Any suggestions for improvement can be sent to the Chief Inspections Division at Sector San Juan Prevention Department.

2 Contents CONTACT NUMBERS... 4 THE PORT STATE INFORMATION EXCHANGE SYSTEM (PSIX) ADVANCE NOTICE OF ARRIVAL... 7 TABLE TABLE APPLICABILITY OF ADVANCED NOTICE OF ARRIVAL... 8 TIPS ON FILLING OUT THE NOTICE OF ARRIVAL (NOA)... 9 TABLE HOW A NOTICE OF ARRIVAL IS PROCESSED HANDLING OF INCOMPLETE NOTICE OF ARRIVALS: TABLE SUBMISSION OF CARGO DECLARATION (CUSTOMS FORM ) TABLE REQUIRED CHARTS AND PUBLICATIONS TABLE REQUIRED TESTS AND DRILLS PRIOR TO ENTERING PORT REPORTING NON-OPERATING NAVIGATION EQUIPMENT ITEMS THAT WILL STOP A VESSEL FROM ENTERING PORT HAZMAT MATERIAL TRAINING REQUIREMENTS ANCHORING/MOORING/ANCHORAGE PERMITS ANCHORING PERMIT REQUIREMENTS REPORTING OF HAZARDOUS CONDITIONS MARINE CASUALTIES TABLE TABLE REPORTING OIL SPILLS REQUIREMENTS FOR OIL AND HAZARDOUS MATERIALS IN BULK TRANSFERS EXPLOSIVE HANDLING PERMITS ANNUAL AND SEMI-ANNUAL CONTROL VERIFICATION EXAMS (PASSENGER VESSEL) TANK VESSEL EXAMINATION (OIL/CHEMICAL/GAS) USER FEE FOREIGN TANK VESSEL EXAMS SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 2

3 ISSUING INTERNATIONAL CONVENTION CERTIFICATES TO FOREIGN VESSELS SAFETY ZONES FOR LIQUEFIED HAZARDOUS GAS (LNG & LPG) VESSELS SECURITY ZONES FOR PASSENGER VESSELS APPEAL PROCEDURES GUIDANCE FOR VESSEL AGENTS FOR ISM CERTIFICATES FORCE MAJEURE BALLAST WATER MANAGEMENT MANDATORY REPORTING REQUIREMENTS VESSEL GENERAL PERMIT HULL CLEANING OFFSHORE VESSEL SUPPORT INTERNATIONAL SHIP & PORT FACILITY SECURITY (ISPS) CODE EXAMINATION OBJECTIVES CONDITION OF ENTRY (COE) REQUIREMENTS ENCLOSURES FOREIGN FREIGHT VESSEL EXAMINATION TANK VESSEL EXAMINATION CHEMICAL TANKER EXAMINATION GAS CARRIER EXAMINATION SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 3

4 CONTACT NUMBERS PREVENTION DEPARTMANT GENERAL NUMBER (787) Web site: EMERGENCIES OR AFTER HOURS PUERTO RICO AND U.S. VIRGIN ISLANDS Sector San Juan Command Center Phone: (787) Fax: (787) MONDAY - FRIDAY (7:00 AM to 3:30 PM.) PUERTO RICO Phone Fax PRIM (Environmental Response) (787) (787) Inspections (787) (787) Investigations (787) (787) Licensing (787) (787) Facility & Waterways (787) (787) Ports, Waterways & Coastal Security (787) (787) RIO Ponce (787) (787) Vessel Arrival Scheduler Desk (787) (787) MONDAY - FRIDAY (7:00 AM to 3:30 PM.) U.S VIRGIN ISLANDS Phone Fax MSD St Thomas (340) (340) RIO St. Croix (340) /5559 (340) SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 4

5 CONTACT NUMBERS (CONT.) OTHER COAST GUARD NUMBERS COFR National Pollution Fund Center Phone: After Business Hours Pager: (Mon-Fri 7:00am-5:00pm & Sat 8:30am-5:00pm EST) (703) Fax (703) Web site National Vessel Documentation Center Phone: (800) (304) Fax: (304) Web site Oil/Hazmat Spills National Response Center Phone: (800) (202) Fax: (202) Web site Vessel Response Plans Status questions Phone: (202) VRP Help Desk: (202) ; 1229 Web site User Fees Status questions Phone: (800) Fax: (757) Web site SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 5

6 THE PORT STATE INFORMATION EXCHANGE SYSTEM (PSIX). PSIX is a database run by the Coast Guard that provides interested parties with commercial vessel information and can be accessed via Internet at The information contained in PSIX represents a weekly snapshot of Freedom of Information Act (FOIA) data compiled within the MISLE database. Information on unclosed cases or cases pending further action is considered privileged information and is precluded from the PSIX system. In addition, the Paris and Tokyo MOU s operate separate databases that can be useful in determining information about a vessel arriving to a U.S. Port for the first time. Access is free to both sites. For the Paris MOU you just have to register to receive your user ID and password, this website can be accessed at The Tokyo MOU does not require registration and can be accessed at SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 6

7 ADVANCE NOTICE OF ARRIVAL Tables 1-3 are provided to help determine which vessels need to submit advance notice of arrival and departure. These tables are tailored to of the Sector San Juan COTP Zone. For applicability for other areas of the United States and Territories see 33 Code Federal Regulations Part 160 Subpart C Notifications of Arrival (NOA), Hazardous Conditions and Certain Dangerous Cargo Vessel arrivals are required by regulation to be submitted to the National Vessel Movement Center via one of the methods prescribe in Table 1 below. Table 1 Methods of Submitting an NOA Telephone Fax If a vessel operator must submit an NOA or an update, for a vessel in an area without internet access or when experiencing technical difficulties with an onboard computer, and he or she has no shore-side support available, the vessel operator may fax or phone the submission to the NVMC ed submission of either of the latest two published NVMC Workbooks located at under the Downloads Tab and sent to enoad@nvmc.uscg.gov. * * As per the newly published Notice of Arrival/Departure (NOAD) regulation Title 33 Code of Federal Regulations Part 160, the NVMC will no longer accept NOAD submissions that contain the NOAD information as text within the body of s or attachments of scanned documents. These submissions will not be processed after September 30, 2015 e-noa Third Party Via the NVMC InfoPath template version until its retirement. Submitters utilizing this product may submit their NOAD on-line by using the built-in submit functionality or by ing it to enoad@nvmc.uscg.gov. Via Third-party application submissions conforming to standards found at under the Developer Tab and sent to enoad@nvmc.uscg.gov. The Coast Guard and Customs and Border Protection (CBP) require vessels to submit 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 website at SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 7

8 Applicability of Advanced Notice of Arrival Table 2 SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 8

9 TIPS ON FILLING OUT THE NOTICE OF ARRIVAL (NOA) Please use the following when filling out the form to ensure arrivals can be processed by the National Vessel Movement Center. Table 3 Good Bad Vessel Name BETTER SAIL T/V BETTER SAIL PONCE PONCE (TUG) Call Sign 3PKGR 3P-KGR Vessel ID Number L D Arriving Island Port Name to Enter Captain of the Port Zone Puerto Rico Sector San Juan St. Croix MSD St Croix St. Thomas MSD St Thomas Agent 24 Hour Telephone Number U.S. Destination Port/City, State U.S. Destination Receiving Facility/Terminal/Anchorage Additional Port of Call Crew list/passenger List A number that someone will physically answer 24 hours a day for each port included in the notice of arrival $32,500 max penalty i.e. San Juan Ponce St Croix St Thomas i.e. Pier 1 CORCO Anchorage E Fill in completely with port and receiving facility, only list U.S. Port of Call Cruise ship passenger lists are submitted by the vessels via APIS and are not required to be sent to SANS. Crew/Persons in addition to the crew list must have the following information: Full name, Date of birth, Nationality, Passport number or mariners document number. You may submit a copy of INS Form I-418 to meet these requirements. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 9

10 HOW A NOTICE OF ARRIVAL IS PROCESSED The Vessel Arrivals Scheduler Desk in San Juan is manned seven days a week from 7:00 am to 3:30 pm. For calls that require immediate action you may use our 24-hour line at Sector San Juan Command Center, (787) 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 notice of arrival the vessel s history is reviewed and the vessel is assigned a Priority status using the ISPS/MTSA Security Compliance Table on page D4-13 and PSC Safety and Environmental Protection Table on page D4-17 Boarding Decision/Boarding Location Reference Tables in the Marine Safety Manual. Vol II. This Commandant Instruction Manual can be viewed or downloaded at Vessel Boardings/Examinations fall into the following types: 1. ISPS/MTSA Security Compliance 2. Port State Control and Environmental Protection Compliance 3. High Interest Vessels A combination of the above boardings/examinations 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. When 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. It is imperative that we be kept informed of changes in the vessels arrival time in order to help facilitate commerce. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 10

11 HANDLING OF INCOMPLETE NOTICE OF ARRIVALS: The submitter of the Notice of Vessel Arrival (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 COTP for vessels under 300 GT) and the vessel has been cleared of any security issues that would prevent the vessel from entering port. First time offenders will be issued a Letter of Warning. Appropriate civil penalty action seeking the maximum penalty of $40,000 will be accessed for second time offenders. Offenders who continually fail to provide the required ANOA information will be 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. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 11

12 Table 4 TABLE NOA INFORMATION ITEMS (excerpt) Required information Vessels not carrying CDC Vessels carrying CDC Towing vessels Vessels controlling vessels carrying CDC (1) Vessel Information: (i) Name; X X X (ii) Name of the registered owner; X X X (iii) Country of registry; X X X (iv) Call sign; X X X (v) International Maritime Organization (IMO) international number or, if vessel does not have an assigned IMO international number, substitute with official number; X X X (vi) Name of the operator; X X X (vii) Name of the charterer; and X X X (viii) Name of classification society X X X (2) Voyage Information: (i) Names of last five ports or places visited; X X X (ii) Dates of arrival and departure for last five ports or places visited; X X X (iii) For each port or place in the United States to be visited list the names of the receiving facility, the port or place, the city, and the state; X X X (iv) For each port or place in the United States to be visited, the estimated date and time of arrival; X X X (v) For each port or place in the United States to be visited, the estimated date and time of departure; X X X (vi) The location (port or place and country) or position (latitude and longitude or waterway and mile marker) of the vessel at the time of reporting; and X X X (vii) The name and telephone number of a 24-hour point of contact X X X (3) Cargo Information: (i) A general description of cargo, other than CDC, onboard the vessel (e.g.: grain, container, oil, etc.); X X X (ii) Name of each certain dangerous cargo carried, including cargo UN number, if applicable; and X X (iii) Amount of each certain dangerous cargo carried X X (4) Information for each Crewmember Onboard: (i) Full name; X X X (ii) Date of birth; X X X (iii) Nationality; X X X (iv) Passport or mariners document number (type of identification and number); X X X (v) Position or duties on the vessel; and X X X (vi) Where the crewmember embarked (list port or place and country) X X X (5) Information for each Person Onboard in Addition to Crew: (i) Full name; X X X (ii) Date of birth; X X X (iii) Nationality; X X X (iv) Passport number; and X X X (v) Where the person embarked (list port or place and country) X X X (6) Operational condition of equipment required by of this chapter X X X (7) International Safety Management (ISM) Code Notice: (i) The date of issuance for the company s Document of Compliance certificate that covers the vessel; X X X (ii) The date of issuance for the vessel s Safety Management Certificate; and X X X (iii) The name of the Flag Administration, or the recognized organization(s) representing the vessel flag administration, that issued those certificates X X X (8) Cargo Declaration (Customs Form 1302) as described in 19 CFR 4.7 X X X (9) International Ship and Port Facility Code (ISPS) Notice (i) The date of issuance for the vessel s International Ship Security Certificate (ISSC), if any X X X (ii) Whether the ISSC, if any, is an : a) Initial Interim ISSC, b) Subsequent and consecutive Interim ISSC, X X X or c) Final ISSC (iii) Declaration that the approved ship security plan, if any, is being implemented. X X X (iv) If a subsequent and consecutive Interim ISSC, the reasons therefore; X X (v) The name of the Flag Administration, or the recognized security organization(s) representing the vessel flag Administration that issued the ISSC X X SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 12

13 SUBMISSION OF CARGO DECLARATION (CUSTOMS FORM ) Table 5 Submission Time for Cargo Declaration (Customs Form ) Vessel Type Submission Time All vessel required to submit a NOA See Table 4. Exceptions: (1) Vessels carrying bulk cargo (2) Vessels carrying break bulk cargo operating under a USCS exemption granted under 19 CFR 4.7(b)(4)(ii) may, during the effective period of the USCS exemption Before departure but not less than 24 hours before entering the U.S. Port or place of destination The Coast Guard requires the vessel s cargo manifest information as described in 19 CFR 4.7(a). This requirement is in addition to entry (3)(i) in table , general description of the cargo (Table 6), and will consist of the information contained in the cargo declaration Customs Form 1302). Cargo manifest information is necessary to assess vessels entering U.S. ports for potential threats to the national security and to appropriately respond to those threats. The Coast Guard does not have the capability at the NVMC to receive and process the cargo manifest information. US CBP, however, does have an existing capability to receive, process, and share the information with the Coast Guard. The cargo manifest information is to be submitted electronically to US CBP through the Sea Automated Manifest System (AMS) at least 96 hours before the vessel arrives at a U.S. port, while all other required NOA information is to be submitted to the NVMC. A single electronic submission of the cargo manifest information (Customs Form 1302) to US CBP will satisfy the requirements of both agencies for submission of that data. To transmit information electronically to CBP, a submitter must be able to use Sea AMS. To enroll in Sea AMS, a submitter must first call CBP at or send a letter to the following address requesting participation in the Sea AMS program: Customs & Border Protection, Client Representative Branch, 7501 Boston Blvd. Rm. 211, Springfield, VA Upon receiving an inquiry, a CBP client representative will be assigned to work with the submitter. This representative will serve as a technical advisor establishing a Sea AMS interface. Establishing an interface for participation can require as little as two weeks or up to several months, depending on the particular method chosen. This 90-day period should provide sufficient time for submitters to either enroll in Sea AMS or find a submission agent who is already able to use Sea AMS. AMS will allow participants to transmit manifest information electronically 96 hours prior to SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 13

14 SUBMISSION OF CARGO DECLARATION (CUSTOMS FORM ) (CONT.) vessel arrival. There are four methods of transmitting data to AMS: (1) Establish a direct connection with CBP; (2) use a service provider; (3) use a port authority; or (4) purchase software from a vendor. For general information related to AMS, visit the CBP Automated Commercial System Web site at: Definitions for Certain Dangerous Cargoes 33 CFR (excerpt) Carried in Bulk means a commodity that is loaded or carried on board the vessel without containers or labels and received and handled without mark or count. Certain Dangerous Cargo includes the following: (1) Division 1.1 or 1.2 (explosive) materials as defined in 49 CFR A Permit from the COTP is required to load or offload these commodities. (2) Division 1.5D blasting agents which a permit is required under , or for which a Research and Special Programs Administration exemption. (3) Division 2.3 poisonous gas, as listed in 49 CFR that is also a material poisonous by inhalation as defined in 49 CFR 171.8, and that is in a quantity in excess of 1 metric ton per vessel. (4) Division 5.1 oxidizing materials for which a COTP permit is required under 49 CFR or for which a permit is required as a condition of a Research and Special Programs Administration exemption. (5) A liquid material that has a primary or subsidiary classification of Division 6.1 poisonous material as listed in 49 CFR that is also a material poisonous by inhalation, as defined in 49 CFR and that is in a bulk packaging, or that is in a quantity in excess of 20 metric tons per vessel when not in a bulk packaging. (6) Class 7, highway route controlled quantity radioactive material or fissile material, controlled shipment, as defined in 49 CFR (7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that is flammable and/or toxic and carried under 46 CFR (8) The following bulk liquids: (i) Acetone cyanohydrin, (ii) Allyl alcohol, (iii) Chlorosulfonic acid, (iv) Crotonaldehyde, (v) Ethylene chlorohydrin, (vi) Ethylene dibromide, (vii) Methacrylonitrile, and (viii) Oleum (fuming sulfuric acid). SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 14

15 REQUIRED CHARTS AND PUBLICATIONS 33 CFR (a)(1) requires each vessel to have currently corrected marine charts of large enough scale detailing the area transited. Table 8 lists U.S. Charts, and acceptable foreign equivalents, for San Juan and U.S. Virgin Islands. This table is current as of August 7, Due to the method used by the National Ocean Survey (NOS) for publishing chart corrections, U.S. charts must be the current edition. Prior editions, even if corrected, are not acceptable. 33 CFR (a) (2) requires each vessel to have a currently corrected copy or applicable extract for the U.S. Coast Pilot and Coast Guard Light List. Table 8 lists the volumes applicable to the San Juan and U.S. Virgin Islands. Foreign equivalents are also acceptable, but only the British Admiralty equivalents are listed in Table CFR (a) (3) requires each vessel to have a current copy or applicable extract of the Tide Tables and Tidal Current Tables, published by NOS, for the area transited. Table 8 lists the volume applicable to the San Juan and U.S. Virgin Islands. Foreign equivalents are also acceptable, but only the British Admiralty equivalents are listed in Table 8. Currently corrected means correct with all changes reasonably available to the vessel... For U.S. Coast Pilot and Coast Guard Light List, any currently corrected edition within three (3) years is acceptable. Tide and tidal current tables must be for the current year. For foreign equivalents, which are typically published less often, it is up to the boarding officer to use his/her best judgment. ENFORCEMENT ACTIONS: All chart and publication deficiencies shall be written, Correct Prior to Departure. The following guidance will be used to determine other appropriate action: If there are no other deficiencies, the corrections are made prior to departure, and there is no history of similar violation within the previous three- (3) years by the vessel, operator, or owner, no further action will be taken. If the vessel, operator, or owner has a history or similar violations within the previous three years, a Letter of Warning (LOW) will be offered. If a LOW is offered but refused, civil penalty will be initiated. If the vessel, operator, or owner has a history of similar violations within the previous twelve (12) months, civil penalty action will be initiated. If there are no charts on board for the area transited, the vessel will be detained until current, corrected charts are on board. A civil penalty action will be initiated. Violations of the navigation safety regulations in 33 CFR Part 164 are not presently covered by the Notice of Violation (NOV) Ticket program. For all Civil Penalties a Letter of Undertaking (LOU) or Surety Bond will be required for the maximum amount of the penalty. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 15

16 REQUIRED CHARTS AND PUBLICATIONS (CONT.) LIST OF CHARTS AND PUBLICATIONS FOR PUERTO RICO AND U.S. VIRGIN ISLANDS The most recent edition of charts and publications listed in the U.S. Notice to Mariners is required to be on board: The following website lists businesses where charts and publications can be purchased: Table 6 CHARTS PUERTO RICO 402 CARIBBEAN SEA PUERTO RICO AND VIRGIN ISLANDS E. COAST PR YABUCOA N. COAST PR APPROACH TO SAN JUAN SAN JUAN HARBOR (First Edition Oct 20, 2011) W. COAST PR MAYAGUEZ S. COAST PR BAHIA DE GUAYANILLA BAHIA DE PONCE MONA PASSAGE CHARTS VIRGIN ISLANDS VIRGIN GORDA TO ST THOMAS & ST CROIX INSERT: KRAUSE LAGOON CHANNEL FREDERIKSTED ROAD CHRISTIANSTED HARBOR ST CROIX UNDERWATER RANGE PILLSBURY SOUND ST THOMAS HARBOR PUBLICATIONS Coast Pilot #5 Sailing Directions (Pub 147 Vol. I) Light List Vol. III or DMA Pub #110 List of Lights Tide Tables Vol. II International/Inland Navigation Rules International Code of Signals (Pub 102) SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 16

17 REQUIRED TESTS AND DRILLS PRIOR TO ENTERING PORT PRE-ARRIVAL TESTS 33 CFR (a): The following tests are required to be conducted no more than Twelve (12) hours prior to entering U.S. navigable waters and logged in the vessel s log. A log entry of Test conducted in accordance with 33 CFR is not acceptable unless used in conjunction with a check off sheet. 1. Primary/secondary steering gear: a. Visual inspection of steering gear and its connecting linkage. b. Each remote steering gear control system. c. Each steering position located on the navigating bridge. d. The main steering gear from the alternated power supply, if installed. e. Each rudder angle indicator in relation to the actual position of the rudder. f. Each remote steering gear control system power failure alarm. g. 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 functions, including steady state temperature and pressure readings. 4. Storage batteries for emergency lighting and power systems in vessel control and propulsion machinery space. 5. Main propulsion machinery, ahead and astern. EMERGENCY STEERING DRILL 33 CFR (d): An emergency steering drill must be conducted within 48 hours prior to entry and logged in the vessels logbook, unless the drill is conducted and logged on a regular basis at least once every three months. This drill must have a separate log entry from the equipment test unless the drill is part of the 12-hour pre-arrival check-off list. This drill must include at a minimum the following: 1. Operation of the main steering gear from within the steering gear compartment VITAL SYSTEM SURVEYS ON TANK SHIPS 33 CFR : Prior to cargo operations vessels 5000 gross tons and greater that carry petroleum oil in bulk as cargo or cargo residue and is not equipped with a double hull must conduct the following surveys: 1. Cargo systems 2. Mooring systems The above surveys are to be logged in the vessel s deck log or other on board documentation. ENFORCEMENT ACTION: Violators of the above regulations are liable for a civil penalty of up to $32,500 for each violation. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 17

18 REPORTING NON-OPERATING NAVIGATION EQUIPMENT REFERENCE: Reporting Non-Operating Equipment 33 CFR POLICY: Upon receiving a written request, the COTP may authorize a deviation from any rule in 33 CFR Part 164. If the vessel s radar, radio navigation receivers, gyrocompass, echo depth sounding device, AIS, Electronic Position Fixing Device, ARPA, or primary steering gear stops operating properly, it must be reported to the COTP as soon as possible. Use Table 9 to request a Letter of Deviation (LOD). LOD s are issued only for the equipment identified in Table 9 because the COTP places certain restrictions or provisions on vessels when any of the listed equipment is inoperative. LOD s expire upon arrival at the vessel s destination unless stated otherwise. 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! Proof of completed repairs need to be submitted to the COTP. Departure LOD s are only granted in extraordinary cases. For transit or departure LOD s where the vessel s Next Port of Call is a U.S. port, a separate LOD must be requested from that COTP(s) zone. Each Captain of the Port will determine what level of restrictions will be placed on a vessel s Letter of Deviation 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. RESTRICTIONS THAT MAY BE PLACED ON A VESSEL S OPERATION A vessel greater than 1600 gross tons with no operable radar(s). Your vessel may enter the Port during daylight hours only, provided there is at least three (3) miles of visibility and have suitable tug assistance. During your voyage an additional licensed officer is required on the bridge to assist in navigation and provide a bow watchstander. Vessels greater than 10,000 gross tons with one of two required Marine Radars inoperative. Your vessel may enter the Port during daylight hours only, provided there is at least three (3) miles of visibility, a second licensed officer is on the bridge to assist in navigation and there is a bow watch stander. Inoperative Automatic Radar Plotting Aid (ARPA) and inoperative radar. Your vessel may enter the Port during daylight hours only, provided there is at least three (3) miles of visibility. During your voyage a second licensed officer is required on the bridge to assist in navigation. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 18

19 REPORTING NON-OPERATING NAV EQUIPMENT (CONT.) Inoperative Gyrocompass. Your vessel may enter the Port during daylight hours only, provided there is at least three (3) 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. Inoperative Echo Depth Sounding Device. Your vessel may transit the Port if clear visibility conditions exist. During your voyage a second licensed officer is required on the bridge to assist in navigation. Inoperative Electronic Position Fixing Device. Your vessel may enter the Port during daylight hours only, provided there is at least three (3) miles of visibility and the pilot determines that piloting conditions are safe. ENFORCEMENT ACTION: Violators of the above regulations are liable for a civil penalty of up to $40,000 for each violation. VERIFICATION OF REPAIRS LOD s may be cleared by one of two methods: 1. On board verification of repairs by a Coast Guard boarding officer, vessels flag administrator, or an authorized surveyor acting on behalf of the flag administration. 2. Independent third party verification by an FCC licensed repair technician. Initial notification by telephone is acceptable, followed by written verification within 24 hours. In many cases the technician skips the telephone notification and faxes the written verification immediately. a. For verbal notifications, the repair technicians must call the Inspections Department or the Sector San Juan Command Center and provide the following information, followed by written verification: Vessel Name Equipment Servicing Company Technician s Name FCC License Number* *FCC license is not required to work on a gyrocompass. b. Written verification must contain the information listed above but may be in any form. Examples include a copy of the servicing report, an invoice, or a statement on company letterhead. After verification that repairs have been made, the agent of the vessel will be notified that the vessel may depart. Since the vessel was not detained and because the LOD expired upon arrival at the destination, there is no formal release letter. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 19

20 LETTER OF DEVIATION REQUEST FORM DATE: REQUESTED BY: VESSEL AGENT: (if different) Name Name Phone No. Phone No. VESSEL INFORMATION Name VIN/IMO# Gross Tonnage Destination EQUIPMENT INFORMATION Inoperative Equipment Back-Up Equipment Cause of Failure Plan for Repairs EQUIPMENT THAT REQUIRES A LETTER OF DEVIATION (LOD) 33 CFR 164 Primary Radar System-X Band, 9 GHz 1600 gross tons or above Secondary Radar System-S Band, 3 GHz 10,000 gross tons or above Echo Depth Sounding Device 1600 gross tons or above Gyro Compass 1600 gross tons or above Automatic Radar Plotting Aid (ARPA) 10,000 gross tons or above Speed Log 10,000 gross tons or above Automated Identification System (AIS) 65 feet long or greater Radio Navigation Receivers (GPS) 1600 gross tons or above Primary Steering System 1600 gross tons or above Send Request to: U. S. Coast Guard Sector San Juan During regular office hours: (7:00 AM to 3:30 PM) Prevention sjprevention@uscg.mil Scheduler Desk: (787) Prevention Duty Officer: (787) Prevention Main Office: (787) All other times: (24 hour contact) Command Center ssjcc@uscg.mil Command Center: (787) Prevention Duty Officer: (787) SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 20

21 ITEMS THAT WILL PREVENT 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: 1. 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 residue. 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 review 60 days before the intended handle, store, transport, transfer or lighter of oil in areas subject to the jurisdiction of the United States. 2. Non-Tank Vessel Response Plans: Title 33, Code of Federal Regulations (CFR), Part 155, Subpart J established requirements for oil spill response plans for nontank vessels. The development of a non-tank vessel response plan prepares the vessel's crew and ship management to respond to an oil spill. The specific criteria for response resources and their arrival times are not performance standards; they are planning criteria based upon a set of assumptions that may not exist during an actual oil spill incident. Non-tank vessels subject to 33CFR 155 Subpart J may not operate upon the navigable waters of the United States unless in compliance with a vessel response plan (VRP) approved under Additionally, vessels may not continue to operate on the navigable waters of the United States if (1) The Coast Guard determines that the response resources identified in the vessel's certification statement do not meet the requirements of this subpart; (2) The contracts or agreements required in and and the vessel's certification statement are no longer valid; (3) The vessel is not operating in compliance with the submitted VRP; or (4) The period of the VRP authorization has expired. Additional information pertaining to non-tank vessel response plan requirements can be found in 33CFR155 Subpart J. OPERATIONAL CONTROL MEASURES WILL BE PLACED ON ANY VESSEL FOUND TO BE NON-COMPLIANT BY THE COTP. How does a non-tank vessel comply? NTVRPs must be prepared and submitted by owners and operators. Each plan must meet the self-executing elements of 33 USC 1321(j)(5)(D): (1) Consistent with National Contingency Plan and Area Contingency Plan; (2) Identify a Qualified Individual (QI) (3) Ensure by contract or other approved means approved by the President the availability of private personnel and equip. necessary to remove to the max extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge; and SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 21

22 ITEMS THAT WILL PREVENT A VESSEL FROM ENTERING PORT (CONT.) (4) Describe training, equip testing, periodic unannounced drills, and response actions of crew 3. Certificate of Financial Responsibility (COFR): Code of Federal Regulations, Part 33, Titles 130/138, requires that the owner or operator of a U.S. or foreign flag vessel meeting the applicable criteria (33 CFR ) must obtain a proper COFR. This certificate is evidence that suitable financial responsibility is maintained in order to cover for any liability arising from Section 1002 of the Oil Pollution Act of 1990 (OPA 90) and/or Section 107 (a) (1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). All United States and foreign flag vessels over 300 gross tons, including non-self propelled barges, carrying oil as cargo or fuel and carrying hazardous substances are required to provide a COFR while destined for a place subject to the jurisdiction of the United States. It also defines oil as fuel as any oil or hazardous substance used or capable of being used to produce heat or power by burning, including power to operate equipment. In order to obtain a COFR you must contact the Certificate of Financial Responsibility desk at (703) ( Fax) or visit for further information and application requirements. 4. International Safety Management (ISM) Certificates: Compliance is mandatory for the following vessels: Passenger ships, including high-speed craft ; carrying more than 12 passengers on an International voyage, regardless of GT. The following vessels that are 500 gross tons or more: Oil tankers, Chemical tankers, Gas carriers, Bulk carriers, and cargo high-speed craft All other cargo ships Vessels that do not provide ISM certificate information on the Notice of Arrival 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 (i.e. proof indicating that the ship has been certified, and a Document of Compliance and Safety Management Certificate has been issued by the Administration or authorized classification society). If a ship is discovered in port without ISM Code Certificates the following enforcement actions will be taken: SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 22

23 ITEMS THAT WILL PREVENT A VESSEL FROM ENTERING PORT (CONT.) (a) The vessel will be denied entry and/or detained in port (b) Cargo operations may be prohibited or suspended, as applicable. (c) Civil penalty action shall be commenced. (d) The Captain of the Port (COTP)/ Officer in Charge Marine Inspection (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 providing the false information may be subject to criminal prosecution and subject to fines and/or imprisonment for up to five years. (e) The vessel s flag state and classification society shall be notified. (f) An expanded PSC examination shall be conducted. See Guidance for vessel agents for ISM certificates in this handbook for more detailed information. 5. International Ship Security Certificate (ISSC): As of July 1, 2004 the following types of ships engaged on international voyagers, 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 five years. 6. Caribbean Cargo Ship Safety Code (CCSSC): CCSSC certificates are required for vessels entering or destined to ports within the jurisdiction of the Coast Guard Seventh District. The Code is applicable to cargo vessels that are less than 500 gross tons. Such certificates attest that subject vessel is in compliance with requirements set forth in the CCSS Code. For additional information contact the vessel s Flag State government or the U.S. Coast Guard. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 23

24 HAZMAT MATERIAL TRAINING REQUIREMENTS Hazardous Material Training has been required since April 1, Sector San Juan regularly finds foreign vessels that do not meet the requirements for having trained personnel in Hazardous Material Handling. Below you will find the who, what, when, where and whys to help clear up what is required and prevent possible delays in cargo operations. APPLICABILITY: Applies to foreign and domestic shippers and their employees on vessels carrying Hazardous Material (Hazmat) under 49 Code of Federal Regulations (CFR) or the International Maritime Dangerous Goods (IMDG) Code while in the ports or navigable waters of the United States. WHO NEEDS HAZMAT TRAINING: Only the licensed Deck Officers (excluding pilots) will be required to receive the training required by 49 CFR Deck Officers that hold STCW 95 certificates that have been issued within the last three years will be considered meeting the requirement of 49 CFR RECURRENT TRAINING REQUIREMENTS: Every three years a Hazmat employee shall receive the training required by 49 CFR WHO MAY GIVE TRAINING: Employers have the option to decide how to train their employees. Training may be in house, provided by the HAZMAT employer, or may be obtained through other public or private sources. 49 CFR also allows training based on accepted international standards such as the International Maritime Dangerous Goods (IMDG) Code to be accepted as a substitute for the training required by Hazardous Materials Regulations. RECORDS REQUIRED ON BOARD VESSEL: The vessel operator is required to maintain records certifying each HAZMAT employee s current training. Records must include all HAZMAT training received during the past three years. These records must be retained by the employer for the duration of the employee s employment and for 90 days thereafter. The training record for each HAZMAT employee shall include: (a) (b) (c) (d) (e) The HAZMAT employee s name; Completion date of most recent training; A copy or location of the training materials, or a description of the training given; Name and address of the person providing training; and Certification that the HAZMAT employee has been trained and tested. In accordance with 49 CFR (c), the record of training for a hazmat employee who is a crewmember of a vessel must be kept on board while the crewmember is in service on board that vessel. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 24

25 HAZMAT MATERIAL TRAINING REQUIREMENTS (CONT.) ENFORCEMENT ACTIONS: If discovered that there are no employees on board with documentation of HAZMAT training and the vessel is carrying hazardous material, the vessel may not conduct cargo operations. In addition, the COTP/OCMI shall inform the master that the ship will not be allowed to conduct cargo operations in U.S. ports until adequate proof of compliance with the Hazmat training under 49 CFR is provided to the cognizant COTP/OCMI. If it is discovered that there are no employees on board with documentation of HAZMAT training after vessel cargo operations have been performed then there will be a deficiency issued to the vessel to provide training prior to next U.S. of call. If discovered that at least one of the deck officers has current Hazmat training, (i.e. received training within the last three years), cargo operations may be permitted. Violators of the above situations are liable for a civil penalty of up to $32,500 for each violation. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 25

26 ANCHORING/MOORING/ANCHORAGE PERMITS OPERATOR RESPONSIBILITY: It is the operator s responsibility to take all necessary measures to ensure that a vessel does not drag anchor and endanger nearby vessels or facilities. ANCHORING REGULATIONS: Vessels anchoring in Puerto Rico and U.S. Virgin Islands are subject to the following requirements: 33 CFR San Juan Harbor Anchorage Echo: Anchorage E is the designated deep draft vessel anchorage. Vessels awaiting customs or quarantine shall use this anchorage. No vessel shall remain in this anchorage more than 24 hours without a permit from the U.S. Coast Guard Captain of the Port. Standard Operating Procedures require prior approval from the Puerto Rico Port Authority. Anchorage Foxtrot: This is a restricted anchorage and shall serve as an additional general anchorage area in cases were Anchorage E is full. See 33 CFR (b) for additional restrictions. No vessel shall enter or anchor therein without first obtaining a permit from the United States Coast Guard Captain of the Port. For the following Anchorage s see the regulations: 33 CFR : Vieques Passage and Vieques Sound, near Vieques Island, PR 33 CFR : St. Thomas Harbor, Charlotte Amalie, VI 33 CFR : Ponce Harbor, PR General Anchoring Requirements 33 CFR : The master or person in charge of each vessel 1600 gross tons and above that is anchored shall ensure that: (a) (b) (c) A proper anchor watch is maintained. Procedures are followed to detect a dragging anchor. Whenever weather, tide, or current conditions are likely to cause the vessel s anchor to drag, action is taken to ensure the safety of the vessels, structures and other vessels such as being ready to veer chain, let go a second anchor, or get underway using the vessel s own propulsion or tug assistance. ENFORCEMENT ACTIONS: Violators of the above regulations are liable for a civil penalty of $ for each violation. For further information, in the Puerto Rico and the U.S. Virgin Islands, the Coast Guard can be contacted on a 24-hour basis at (787) or via Channel 16 VHF-FM. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 26

27 ANCHORING/MOORING (CONT.) Pilot Agreements for San Juan Bay: The following is a reprint from the San Juan Bay Pilots Corp. letter to Agents Owners and Operators, Dated March 21, 2001: 1. Car Carriers will be docked at any time at Tender Pier provided that all safety measures requirements expressed in your letter (attached) are complied and providing that the weather permits, the maximum draft is 27 feet draft with high tide. 2. If there are two vessels docked at Tender Pier at the same time none of them can be more than 600 feet in length. 3. Pier 12 Docking will be limited to daylight and sailing at any time. 4. Pier 14 Docking will be limited to daylight and docking at 14 ext. will be limited to daylight if vessel extends to pier Anchorage Echo Maximum draft 34 feet and maximum LOA 850 feet. Pilots will recommend a Tug remain alongside if required. 6. Anchorage Foxtrot Maximum draft 26 feet and maximum length 475 feet, tug will remain alongside if required. 7. Compulsory tugs by pilot request for any vessel. 8. Pier 16 limited to daylight only because of lack of adequate lights, maximum draft 24 feet with high tide. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 27

28 ANCHORING PERMIT REQUIREMENTS Applicability: Anchoring Permits are required for each vessel from the Commonwealth Captain of the Port and the U.S. Coast Guard Captain of the Port prior to entering the following Anchorage Areas: Anchorage Echo, San Juan Bay Any vessel that plans to anchor in this location for more than 24 hours. 33 CFR (b)(1) Anchorage Foxtrot, San Juan Bay- Any vessel that plans to anchor in this location at any time. 33 CFR (b)(2) General Permit Requirements: 1. An Application for Anchorage Permit can be downloaded at: >waterways 2. The Vessel Master/Agent must submit the Anchorage Permit to the Puerto Rico Ports Authority. All of the appropriate information on the application must be filled out. 3. After the Puerto Rico Ports Authority approves/disapproves the Anchorage Permit they will forward the permit to the U.S. Coast Guard Sector San Juan, Prevention Department. After reviewing the permit the Prevention Department will forward the approved/disapproved Anchorage Permit back to the originator. 4. In addition, any vessel that is conducting a Lightering operation, must submit a notice to the Captain of the Port in accordance with 33 CFR , 24 hours prior to conducting the operation via to the command center (SSJCC@uscg.mil). 5. In addition, any vessel that is handling high explosives (1.1 and 1.2) in anchorage Foxtrot, must submit a Permit Application (CG 4260) to the Captain of the Port, 24 hours prior to conducting the operations. *All additional requirements on the permit by the Puerto Rico Ports Authority and USCG Captain of the Port must be obeyed for the duration that the vessel remains in anchorage. The Vessel Master/Agent will notify the USCG Captain of the Port immediately of any changes of information on the application. SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 28

29 REPORTING OF HAZARDOUS CONDITIONS For the Puerto Rico and U.S. Virgin Islands, any of the required notifications may be made 24 hours a day by calling (787) 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: 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 or cause to be reported that it is not operating properly to the nearest Captain of the Port. 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 Coast Guard Sector or Marine Safety Office. Hazardous condition is defined in 33 CFR as any condition that may adversely affect the safety of any vessel, bridge, structure, or shore area; or the environmental quality of any port, harbor, or navigable waterway of the U.S. Report of Accident to Aid to Navigation (46 CFR ): Whenever a vessel collides with a buoy, or other aid to navigation, or is connected with any such collision, it is the duty of the person in charge of such vessel to report the accident to the nearest Officer in Charge, Marine Inspection (OCMI). SECSJ-FM-CVC-09(1) Sector San Juan Vessel Agent s Hand Book Page 29