NVIC 01-81: Enforcing PTSA tank vessel equipment standards

NVIC 1-81 18 Feb 1981 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 1-81, CHANGE 1 INCLUDED Electronic Version for Distribution Via the World Wide Web Subj: Guidance for Enforcement of the Requirements of the Port and Tanker Safety Act of 1978 (PTSA) Pertaining to SBT, CET, COW, IGS, Steering Gear, and Navigation Equipment for Tank Vessels

Guidance for Enforcement of the Requirements of the Port and Tanker Safety Act of 1978(PTSA) Pertaining to SBT, CBT, COW, IGS, Steering Gear, and Navigation Equipment for Tank Vessels — PURPOSE. The purpose of this NVC and its enclosures is to provide guidance and information

pertaining to: a. The requirements for Segregated Ballast Tanks (SBT), Dedicated Clean Ballast Tanks (CET), a Crude Oil Washing System (COW), an Inert Gas System (lOS), the Improved Steering Gear Standards, and Navigation Equipment mandated by the PTSA; b. The relationship between the newly developed international standards (the Protocol of 1978 Relating to the International Convention for the Safety of Life at Sea, 1974 and the Protocol of 1978 Relating to International Convention for the Prevention of Pollution from Ships, 1973), the PTSA, and the implementing regulations which relate to tank vessel equipment and construction standards for improving safety and reducing oil pollution; and c. Policy for submission of plans, scheduling and conducting of boardings, examinations, and inspections, and enforcement of the requirements for both United States and foreign flag tank vessels to ensure compliance with the applicable regulations.

Guidance for Enforcement of the Requirements of the Port and Tanker Safety Act of 1978(PTSA) Pertaining to SBT, CBT, COW, IGS, Steering Gear, and Navigation Equipment for Tank Vessels — BACKGROUND.

a.

The IMCO sponsored Tanker Safety and Pollution Prevention (TSPP) Conference of 1978 adopted two important instruments: the Protocol of 1978 Relating to the International Convention for the Safety of Life at Sea, 1974 (SOLAS Protocol) and the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from ships, 1973 (MARPOL Protocol).

Theme two instruments Contain new requirements for SBT, CBT, COW, 105, improved steering gear standards, and navigation equipment.

In addition, Resolutions 1 and 2 to the TSPP.

Conference recommended target dates for entry into force of the two protocols and invited all Administrations to put the requirements of the two protocol: into effect by the recommended target dates, without waiting for the entry into force of the protocols e The recommended date for entry into force of the SOLAS Protocol was June 1979; the recommended date for the MARPOL Protocol was June 1981.

At the time the recommended target dates were developed, it was anticipate that the two protocol would be ratified by the sufficient number of Administrations so that the protocols would enter into force by the recommended target date:.

However, the SOLAS Protocol ham just recently been ratified by the sufficient number of Administrations and will enter into force on 1 May 1981.

The MARPOL Protocol ham yet to be ratified by the sufficient number of Administrations NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 1-81 b.

Section 5 of the PTSA (46 U.S.C. 391a) mandates, as a minimum, tank vessel standards that are consistent with those adopted at the TSPP Conference.

The implementation dates mandated by the PTSA parallel the SOLAS and MARPOL Protocol target date: recommended at the TSPP Conference.

Therefore, U.S. tank vessels and theme foreign tank vessels that enter U.S. waters for commercial service are required to meet specific equipment and construction standards that are consistent with theme of the SOLAS and MARPOL protocols on the internationally recommended implementation dates, rather than when the standards come into force internationally U.S. tank vessels are required to meet Coast Guard regulations; foreign tank vessels entering U.S. waters for Commercial service are require to meet Coast Guard regulations which generally recognize equivalent international standards. c. 33 CFR Part 157 ham been recently amended to implement the regulation of the MARPOL Protocol for SBT, CBT, and COW, am well am the corresponding sections of the PTSA. this part, am well am other parts of U.

S. regulations, will be further amended to incorporate fully the additional mandate: of the PTSA. 33 CFR Part 164 contains the requirements for the improved steering gear standards and navigation equipment of the SOLAS Protocol and the PTSA. 46 CFR 32.53 ham been amended to include the new applicability requirements of the SOLAS Protocol and the PTSA Pertaining to IGS.

Guidance for Enforcement of the Requirements of the Port and Tanker Safety Act of 1978(PTSA) Pertaining to SBT, CBT, COW, IGS, Steering Gear, and Navigation Equipment for Tank Vessels — DISCUSSION.

a.

The requirements for SBT, CBT, COW, IGS, and improved steering gear standards are applicable on 1 June 1981 to U.S. tank vessels and foreign tank vessels that enter U.S. waters for commercial service.

With the exception of the electronic relative motion analyzer (ERMA), the navigation equipment was required on tank vessels by 1 June 1979.

ERMA is required on tank vessels by 1 July 1982. b.

This NVC deals primarily with the Coast Guard treatment of foreign flag tank vessels calling at U.

S. ports.

United States flag tank vessels must meet the requirements of the regulations in 33 CFR 157 and 164, and 46 CFR 32.53, as applicable, and should do so within the framework of existing vessel inspection procedures.

For foreign flag tank vessels, existing requirements and their enforcement by Coast Guard foreign tank vessel boarding examinations are not affected by these requirements in Title 33 and 46 CFR for SBT, CBT, COW, IGS, improved steering gear standards and ERMA.

These new requirements are in addition to those presently in effect and will become part of subsequent foreign tank vessel boarding examinations. c.

Documentation indicating acceptance of SBT, CBT, COW and/or 103 may come from either the government of the vessel's flag state (or authorized representative) or the Coast Guard, at the owner's option.

Acceptance documentation from the government of the vessel's flag state may be in the form of an International Oil Pollution Prevention (IOPP) Certificate or an interim certificate or letter indicating compliance with the applicable requirements.

An owner/operator of foreign flag tank vessel is encouraged to obtain installation and inspection approval and accompanying acceptance documentation from the government of the vessel's flag state.

A foreign tank vessel obtaining Coast Guard acceptance documentation may experience delays in U.S. ports when undergoing the necessary inspections.

Specific documentation indicating approval of the improved steering gear standards or the navigation equipment is not required, however, a tank vessel will be examined to verify compliance with the applicable requirements.

NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 1-81 d.

U.S. and foreign flag tank vessel owners/operators may, and are encouraged to, initiate the necessary equipment acceptance procedures for SBT, CBT, COW, and IGS prior to 1 June 1981. e.

Title 33 U.S.C. 1228 prohibits a tank vessel from operating in U.S. waters or transferring cargo in a port of the U.S. if the vessel is not in compliance with U.S. laws and regulations.

Nevertheless, the Coast Guard recognizes that not all foreign flag tank vessels desiring to enter U.S. ports will have the documentation required by 33 CFR Part 157 by 1 June 1981, due to extenuating circumstances, such as shipyard scheduling problem", equipment delivery delays, etc.

The OCMI/COTP should consider these factors in allowing a fully loaded entry into a U.S. port on a foreign flag tank vessel's first visit after 1 June 1981.

Upon entry, the vessel will be examined to determine its degree of compliance with the regulations.

Appropriate enforcement action, including the assessment of civil penalties, may be initiated.

Subsequent entry by a tank vessel in partial compliance with the regulations is subject to the close scrutiny of the OCMI/COTP.

A tank vessel which shows inadequate evidence towards compliance villa be denied further entry into the U.S. until satisfactory evidence towards compliance can be shown.

Guidance for Enforcement of the Requirements of the Port and Tanker Safety Act of 1978(PTSA) Pertaining to SBT, CBT, COW, IGS, Steering Gear, and Navigation Equipment for Tank Vessels — ACTION.

a. Enclosure (1) is a matrix which provides guidelines regarding Coast -Guard enforcement procedures to ensure that foreign flag tank vessels entering U.S. waters for commercial service comply with the applicable regulations. A tank vessel that has completed the required installations and modifications and has on board acceptance documents issued by the government of the vessel 's flag state or the Coast Guard will routinely be boarded and examined for verification only. Those vessels in partial compliance will be examined as recommended in enclosure (1) to ensure they continue to move towards full compliance within a reasonable time. Appropriate enforcement action may be taken against tank vessels not in full compliance. Tank vessels making no apparent effort to comply or having deficiencies which would seriously affect safety will normally be refused permission to conduct cargo transfer operations, denied further entry into U. S. waters, and/or subjected to civil penalties of up to $25,000 a day. b. Owners/operators of U. S. flag tank vessels subject to the requirements of 33 CFR 157 and 164 and/or 46 CFR 32.53 should follow the procedures contained in those regulations to ensure compliance. Modifications and alterations made to a tank vessel to bring it into compliance should be treated similar to any other modification in terms of plan submission and approval, inspection scheduling, and the conduct of the inspection. Owners/operators are encouraged to contact the cognizant OCMI at their earliest opportunity to arrange for the inspection. c. Owners/operators of foreign flag tank vessels who intend to obtain Coast Guard acceptance documentation should ensure that the plans and operating manuals required by 33 CFR 157 arrive at U. S. Coast Guard Headquarters' Vessel Inspection Division (G- MVI) of the Office of Merchant Marine Safety, at least 45 days prior to the vessel's first arrival in a U.S. port on or after 1 June 1981. The proper mailing address is Commandant

(G-MVI-2114), USCG Headquarters, Washington, D.C. 20593, Tele: 202-426-4431.

To provide sufficient time for the plans to be forwarded to the cognizant OCMI, the owner, operator or agent should notify G-MVI at least 14 days prior to the vessel's arrival at the vessel's specific port of call.

It is recommended that the owner, operator or agent contact NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 1-81 the cognizant OCMI as soon as the port of call is known to facilitate scheduling of the necessary inspections.

To provide sufficient time for scheduling of the inspections, at least 72 hours notice should be given to the OCMI. d.

G-MVI will review the submitted plans and manuals and inform the submitted by letter if the plans are accepted.

Plans that are not accepted will be returned to the submitted with a letter stating the reasons why they were not accepted.

The OCMI will not normally conduct the necessary inspections on a tank vessel that has an incomplete installation or when the accepted plans are not available locally. e.

In addition to undergoing the usual tank vessel boarding examination, a foreign flag tank vessel obtaining Coast Guard acceptance documentation will undergo an inspection, as necessary, to verify that the equipment and/or construction standard is in accordance with the Coast Guard accepted plans.

In addition, when COW is installed for compliance with the requirements of 33 CFR 157, the inspection required in 33 CFR 157.140 will also be conducted. f.

A foreign flag tank vessel that has plan review and a survey conducted by a classification society and that desires to obtain Coast Guard acceptance documentation is still required to undergo Coast Guard plan review and inspection.

However, the classification society survey report will be utilized by the OCMI in determining the scope of inspection to be conducted. g.

A foreign flag tank vessel with, or in the process of obtaining, acceptance documentation from the government of the vessel's flag state will undergo a boarding examination to ensure compliance with the applicable requirements.

As shown in enclosure (1), the extent of the examination will depend upon the vessel's degree of compliance. h.

When a U.S. tank vessel is subject to and complies with the SBT, CBT and COW requirements in 33 CFR 157.l0c, the vessel's Certificate of Inspection will be endorsed with the following appropriate select wording: This tank vessel is equipped with segregated ballast tanks/ dedicated clean ballast tanks/a crude oil washing system and complies with the requirements of 33 CFR Part 157.l0c to operate as a "Crude Oil Carrier" I "Product Carrier" I "Crude Oil/Product Carrier." i.

A U.S. tank vessel that is not in compliance with the applicable requirements will be treated within the framework of existing inspection procedures consistent with those of enclosure (1). j.

For a foreign flag tank vessel, 46 USC 3711 requires a Certificate of Compliance to be issued to a vessel found to be in compliance with the applicable requirements.

A Tank Vessel Examination Letter (Form GG 8405-1), or in the case of a chemical/product tanker a Letter of Compliance, is used as the Certificate of Compliance.

When a foreign flag tank vessel is subject to and complies with 33 CFR 157.l0c, the -Certificate of Compliance will be endorsed with the following appropriate select wording: This tank vessel is equipped with segregated ballast tanks/ dedicated clean ballast tanks/a crude oil washing system and complies with the requirements of 33 CFR Part 157.l0c to operate as a "Crude Oil Carrier" / "Product Carrier" / "Crude Oil/Product Carrier." NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 1-81 k.

A foreign flag tank vessel that is not in compliance with the applicable requirements will have the deficiencies listed on the Tank Vessel Examination Letter along with an agreed upon schedule which should provide the vessel with a reasonable time to comply. 1.

The Coast Guard's computerized Marine safety Information System (MSIS) will be used to record, keep track of, and follow-up on tank vessel examinations.

Following an examination, appropriate entries will be made in the MSIS. m.

Specific documentation verifying that the personnel conducting COW operations comply with the personnel requirements of 33 CFR 157.152 and 157.154 is not required.

However, evidence of completion of a COW training program or a document indicating compliance with these requirements is encouraged and will be utilized to assist the OCMI in determining compliance. n.

Enclosure (2) provides detailed information and guidance regarding implementation of the requirements for SBT, CBT, COW, IGS, and improved steering gear standards. o.

Enclosure (3) contains recommended safety precautions to be taken when conducting the COW inspections under 33 CFR 157.140.

Particular emphasis is placed on safety precautions for cargo tank entry.

End: (1) Table entitled "Guidelines Regarding Coast Guard Enforcement Procedures for Foreign Flag Tank Vessels"

(2) "Updated Regulatory Guide for the Review and Inspection of the New Tank Vessel Standards" dated February 1981.

(3) Guidelines regarding procedures and safety precautions for conducting the crude oil washing visual tank inspection of 33 CFR 157.140. NON-STANDARD DISTRIBUTION: Ce: Baltimore (75); San Francisco, Mobile, Guam, Pittsburgh, Providence, Valdez AK, Norfolk (50); Galveston (30); Cleveland, Portland OR, Sturgeon Bay, Fort Arthur (25); San Diego, Savannah, Buffalo, Corpus Christi (20); Tampa, Milwaukee, Louisville, Detroit, Toledo, Nashville, Anchorage (15); Portland ME, Duluth, Charleston, Huntington, Minneapolis-St Paul (Dubuque), San Juan (10); Juneau, Cincinnati, Memphis, Wilmington, Paducan, Albany (5) extra Cm: New Orleans (250); New York (200); Seattle (100); Houston (50); Terminal Is (LA-LB), Philadelphia (40) extra Em: New London, Houma (30); Ludington (8) extra En: Kodiak, Kenai AK (10); Ketchikan, Lake Charles (5) extra List CG-12