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INTERTANKO Hellenic/Mediterranean Panel Meeting Athens, Greece CAPT John W. Koster U.S. Coast Guard Activities Europe. United States Coast Guard. Overview. Vessel Arrival Requirements U.S. Port State Control Environmental Compliance Port State Control Enhancement Initiatives Questions.
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INTERTANKO Hellenic/Mediterranean Panel MeetingAthens, GreeceCAPT John W. KosterU.S. Coast Guard Activities Europe United States Coast Guard
Overview • Vessel Arrival Requirements • U.S. Port State Control • Environmental Compliance • Port State Control Enhancement Initiatives • Questions United States Coast Guard
Vessel Arrival Requirements • Advanced Notice of Arrival used to determine the following: • Conditions of Entry • Port, Waterways, and Coastal Security Status: “High Interest Vessel”? • Port State Control Activity Level United States Coast Guard
Conditions of Entry 46 USC 70110(a): If a foreign port does not maintain effective antiterrorism measures, the Secretary: (1) may prescribe conditions of entry for any vessel arriving from that port; (2) may deny entry into the United States to any vessel that does not meet such conditions; and (3) shall provide public notice for passengers of the ineffective antiterrorism measures United States Coast Guard
Conditions of Entry • Actions required by vessels visiting countries that do not maintain effective antiterrorism measures: • Security level 2 • Guard each access point to the ship • Attempt a Declaration of Security with the facility • Log all security actions • Report all actions to COTP before vessel arrival in the U.S. United States Coast Guard
Conditions of Entry • Actions required by vessels in U.S. port: • Boarding and/or examination at sea • Pending results, MAY require armed security guards to ensure each access point is guarded • New change: • If a vessel demonstrates proper security compliance and can document appropriate actions where taken, the requirement for armed security guard(s) may be waived United States Coast Guard
Conditions of Entry • Countries affected: • Cuba • Cameroon* • Equatorial Guinea* • Indonesia* • Guinea-Bissau • Iran • Liberia* • Mauritania* • Syria * = contains some exempted ports United States Coast Guard
Other Security Requirements • The U.S. Customs and Border Protection Agency (CBP) screens each crew member for U.S. visa status and nationality • Screening results determine if a crewmember is a high-risk crewmember who must be detained on board • Vessels determined to have high risk crewmembers on board are required by the USCG Captain of the Port to develop and implement a crew security plan as part of a MOU between USCG and CBP • The number and qualifications of security guards is determined by the number of high risk crewmembers on board United States Coast Guard
High Interest Vessels • Vessels that pose a high relative security risk to U.S. ports are designated as High-Interest Vessels • A risked-based targeting scheme is utilized to determine level of security risk • Factors include but are not limited to prior port calls, ISPS compliance, etc. • Targeting criteria are considered classified information • High Interest Vessels are boarded by armed law enforcement officers prior to entry into port • The USCG may also conduct Security boardings on vessel not designated High Interest Vessels United States Coast Guard
PSC/ISPS/MTSA Targeted Elements • Targeted Flag States (SOLAS and Non-SOLAS) • Targeted Recognized Security Organization • Targeted Recognized Organization • Targeted Ship Management • Owners • Operators • Charterers • Targeted Countries (Last Ports of call) United States Coast Guard
Detainable Deficiencies • Despite required compliance dates of more than 5 years ago, the U.S. Coast Guard continues to find that ISM related deficiencies constitute a very large proportion of detainable items uncovered aboard substandard vessels • One of the largest increases in detainable deficiencies this year was in the area of crew competency United States Coast Guard
Port State Control Appeals • CG-5432 has Final Agency Action on Appeals • All Other Major Control Actions Should Be Appealed First to the Cognizant Officer in Charge of Marine Inspection • Class Related Detentions Should Be Submitted Directly to CG-5432 • Appeal Process is outlined in 46 CFR 1.03 United States Coast Guard
U.S. Environmental Compliance • MARPOL Annex I • MARPOL Annex VI • Ballast Water Management United States Coast Guard
MARPOL Annex I Enforcement • The U.S. Government requires strict compliance with MARPOL Annex I requirements by all vessels that are in the navigable waters of the United States • We have recently clarified the formal policy that outlines our Port State Control examination procedures for pollution prevention equipment (Oily Water Separator & incinerator exams, etc.) • These guidelines can be found on our website: http://www.homeport.uscg.mil • The U.S. Government will work with the International Maritime Organization and Port State Control MOUs/Agreements to consistently enforce MARPOL Annex I requirements while respecting Flag States’ inherent sovereign authority United States Coast Guard
U.S. Ballast Water Policy • Currently developing a Ballast Water Discharge Standard to approve Ballast Water Treatment Systems -Will closely align with IMO Ballast Water Management (BWM) Convention -Describes types of vessels required to install and operate USCG approved systems -Coast Guard Shipboard Technology Evaluation Program established to facilitate approval of ballast water treatment systems • Ratification of IMO BWM convention is under consideration by the Administration • Visit http://www.uscg.mil/hq/cg5/cg522/cg5224/bwm.asp for more info United States Coast Guard
Annex VI Implementation • Ratified on October 9, 2008 • Policies/regs are being developed; Port State Control enforcement is on the horizon • Annex VI compliance intended to be a record review and a spot check of equipment. • Like other similar exams of this type, exams can be expanded on an escalating scale if non-compliance is suspected. United States Coast Guard
Annex VI Implementation Implementing regulations are being developed, which will follow MEPC.96(47) closely • NVIC will be promulgated • Environmental Protection Agency/CG MOU will be employed • Navigation and Vessel Inspection Circular will replace the Policy letter and cover • PSC • Enforcement • CG/EPA interaction & cooperation • Update temporary/voluntary policy United States Coast Guard
How to best work with the U.S. Coast Guard • Know why the Coast Guard is attending your vessel (Law Enforcement and/or Marine Safety) • Be prepared for the type of examination and/or boarding to be conducted • If an issue or problem does arise, you may be able to resolve the matter with the Port State Control Officer or Law Enforcement boarding team or contact the local Captain of the Port • If faced with a Control Action or Detention for a deficiency, don’t be afraid to suggest an alternative for possible acceptance as a temporary equivalence • Visit http://www.uscg.mil/global/mail/ for comments and complaints United States Coast Guard
Message from the Commandant of the U.S. Coast Guard “Unfortunately I have received reports from highly respected professionals recounting Coast Guard boardings, inspections, and investigations not displaying professionalism. Additionally, some have said they have lost the complete trust they once had in the Coast Guard and are fearful of retribution if they challenge the Coast Guard’s conduct. We must change this perception. America’s position in the global economy, public and environmental safety, and Post 9/11 security are at stake. The need for maritime industry-government cooperation and partnership has never been more important. The Coast Guard’s obligation to the safety and security of America is shared by the maritime industry and enhanced by working cooperatively with industry at all levels. Openness and transparency will be the hallmarks of our maritime interaction.” United States Coast Guard
QUALSHIP 21 Incentives • Principle Benefit: Less Coast Guard activity when vessel in U.S. port = reduction in possible delays = cost savings • Freight vessels – Biennial Exams • Tank vessels – Less detailed mid-period exam • Worldwide Recognition: • QUALSHIP 21 Certificates (issued to vessel and owner) • QUALSHIP 21 certificates good for 2 years • Issue date based on the vessel’s last successful U.S. PSC exam • Vessel and flag State recognition via CG website and EQUASIS • Flag State recognition via CG annual report • Excellent marketing tool for owners / operators as well as flag States • Benefit to Coast Guard: • Less PSC examinations frees CG resources to focus on higher risk vessels
Centers of Expertise • Over the next two years, the USCG plans to establish six Centers of Expertise • Passenger Vessels • Investigations • Towing Vessels • Liquefied Natural Gas • Great Lakes • Offshore United States Coast Guard
Ship Riding Program • LNG ship riding program • Ship ride with a check-off list of items for the PSCO to study: • LNG Systems • Regulatory requirements • LNG ship operations • Approval and Start-Up United States Coast Guard
Ship Riding Program • Merchant Marine ship-riding program • Pilot program for newly assigned marine inspectors • Part of CG Marine Enhancement Plan • Utilizes U.S. and foreign flag vessels United States Coast Guard
USCG & World Maritime Univ. • WMU was established in 1983 by the United Nations’ International Maritime Organization (IMO) “…in furtherance of the purposes & objectives of the IMO” • The USCG supports the IMO effort through the USCG liaison at WMU • The USCG liaison provides advanced maritime education, training, and research focusing in: • Maritime Safety and Security • Protection of Marine Environment • Efficiency of Maritime Transportation • USCG Contact at WMU - LCDR Agneta Dahl +46-40-35 63 31 email: ad@wmu.se website: www.wmu.se United States Coast Guard
Useful Websites • 1. HOMEPORT -http://homeport.uscg.mil • 2. CFR - http://www.access.gpo.gov/nara/cfr/cfr-table-search.html • 3. NVIC – http://www.uscg.mil/hq/g-m/nvic/index.htm • 4. eNOA - www.nvmc.uscg.gov • 5. COFR - http://www.uscg.mil/npfc/COFRs/index.htm • 6. VRP Info - http://www.uscg.mil/vrp/ • 7. eVRP Database –http://www.e-vrp.com • 8. Ballast Water Reporting - http://invasions.si.edu/nbic/submit.html • PSIX - http://cgmix.uscg.mil/psix/ • USCG Activities Europe – http://www.uscg.mil/acteur/ 27
Questions? Port State Control Program CDR Jennifer Williams Jennifer.F.Williams@uscg.mil 202-372-1230 Passenger Vessel Examination Program Manager Mr. John Sedlak John.S.Sedlak@uscg.mil 202-372-1240 International Outreach Mr. E.J. Terminella Emanuel.J.TerminellaJr@uscg.mil 202-372-1239 United States Coast Guard