LATIN AMERICAN PANEL OCTOBER 16, 2009

1. LATIN AMERICAN PANELOCTOBER 16, 2009 MARINE ISSUES JOSEPH ANGELO DEPUTY MANAGING DIRECTOR

2. SHIP TO SHIP TRANSFER (STS) MARINE SAFETY DATA SHEETS (MSDS) LIFEBOAT DRILLS PILOT TRANSFER ARRANGEMENTS

3. STS • IMO Marine Environment Protection Committee adopts new Chapter 8 to MARPOL – Prevention of Pollution During Transfer of Oil Cargo Between Oil Tankers at Sea (STS operations) – July 2009 • Enters into force January 1, 2011 and applies to STS operations conducted on or after April 1, 2012 • Does NOT apply to: - bunkering operations - floating production, storage and offloading facilities (FPSOs) - floating storage units (FSUs)

4. STS General Requirements • Any oil tanker involved in STS operations must have an STS Operations Plan approved by the Administration • STS Operations Plan must take into account best practice guides (IMO Manual on Oil Pollution and OCIMF/ICS Ship to Ship Transfer Guide) • Person in control of STS operations shall be qualified to perform duties taking into account best practice guides • Records of STS operations shall be retained on board for 3 years, including Oil Record Book

5. STS Notification Requirements • Each tanker that plans STS operations in the territorial sea OR the EEZ (200 miles) of a Party to MARPOL shall notify that Party not less than 48 hours in advance of the scheduled STS operations • In exceptional cases, where 48 hours advance notice of all information is not possible, tanker discharging the oil shall notify the Party not less than 48 hours in advance that STS Operations will occur and all required information will be provided at earliest opportunity

6. STS Notification shall include: • Tanker name, call sign, IMO number and estimated time of arrival • Date, time and geographic location of STS operation • At anchor or underway • Oil type and quantity • Planned duration of STS operations • ID of STS operations service provider of person in control and contact information • Confirmation that tanker has approved STS Operations Plan on board

7. MSDS • May 2007 – IMO Maritime Safety Committee adopts amendments to Chapter VI of SOLAS requiring that a Marine Safety Data Sheet be provide to ships (new Reg VI-1/5-1) • July 1, 2009 – Amendments enter into force • Three problems - Chapter VI is not applicable to oil in bulk - There were differing opinions as to whether the amendment applied to oil fuel - Standard format for MSDS and information required on MSDS was not agreed to by all

8. MSDS May 2009 – IMO Maritime Safety Committee: • Adopts amendments to Reg VI-1/5-1 making it clear that this portion of Chapter VI applies to oil in bulk and regulation applies to oil fuel (enters into force on January 1, 2011); • Adopts MSC/Circular.1303 which provides clear explanation that ships carrying oil cargo and oil fuel shall be provided with MSDS after July 1, 2009; and • Adopts MSC Resolution which provides revised recommendations on the information to be contained in the MSDS

9. MSDS • Governments have different interpretations of date of enforcement (July 2009 or January 2011??) • Australia and Singapore have implemented requirements on July 1, 2009 • USA and Saudi Arabia have indicated they will not enforce until January 1, 2011 • If an MSDS is not provided and the ship then goes to another port, the port state control officer may ask to see the MSDS. If one was not provided, what is the Master to do?

10. LIFEBOAT DRILLS • Drills and launching of lifeboats are essential for crew training in case of emergency, but it must be done safely • IMO Maritime Safety Committee recognizes that many accidents, some fatal, occur when launching of lifeboat during required drills • Amendments adopted to SOLAS Reg III/19.3.3.3 to remove the requirement to launch lifeboats with crew on board during drills (July 1, 2006) • Ship’s Master is in the best position to determine if crew should be in lifeboat when launching during required drills

11. LIFEBOAT DRILLS • Some Port State Control entities continued to require that lifeboat drills be conducted with crew aboard lifeboat • Accidents, some fatal, continue - faulty equipment or untrained crew main causes • INTERTANKO brings continuing problem to the attention of IMO Maritime Safety Committee • Requests MSC Circular to emphasize intent of amendment to Reg III/19.3.3.3 and to clarify the requirement

12. LIFEBOAT DRILLS • Maritime Safety Committee adopts MSC/Circ.1326, Clarification of SOLAS Regulation 19.3.3.3 - requires lifeboat to be maneuvered in water by assigned operating crew - does NOT require assigned operating crew to be on board when lifeboat is launched - assigned operating crew should not be on board lifeboat during launching, unless Master determines it is necessary - clarification should be brought to the attention of port state control officers

13. PILOT TRANSFER • During 2006 eight (8) pilots died in accidents connected to boarding a ship • Brazil, USA and IMPA propose that IMO improve the safety of pilot transfer arrangements • Safety of Navigation and Ship Design and Equipment Subcommittees tasked with reviewing SOLAS Reg V/23 and Resolution A.889(21) (Pilot Transfer Arrangements)

14. PILOT TRANSFER • July 2009 Safety of Navigation Subcommittee completes review and finalizes amendments to V/23 and A.889 • Amendments to be considered by Maritime Safety Committee in May 2010 • Expectation is that amendments will be adopted at MSC 88 in December 2010 • Entry into force would most likely be July 1, 2012

15. PILOT TRANSFER Summary of amendments • All pilot ladders to be tagged for the purpose of survey, inspection and recordkeeping • Means to secure the lower platform of accommodation ladders (which may be used in conjunction with a pilot ladder) to the ships side • Banning mechanical pilot hoists • Six (6) meter gap in rubbing strakes or sponsons to provide unobstructed ship’s side

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