NVIC 05-87: MARPOL Annex II guidance for NLS carriers

NVIC 5-87 13 Mar 1987 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 5-87 Subj: Guidance on Implementation of Annex II of the MARPOL Protocol of 73/78 For Vessels Carrying Noxious Liquid Substances (NLS) In Bulk

Guidance on Implementation of Annex II of the MARPOL Protocol of 73/78 for Vessels Carrying Noxious Liquid Substances (NLS) in Bulk — PURPOSE. The purpose of this circular is to provide guidance regarding the implementation of

Annex II of MARPOL 73/78 and the issuance of the appropriate certificates to vessels carrying noxious liquid substances in bulk. Also included are enforcement guidelines for vessels not in compliance with Annex II and related regulations.

Guidance on Implementation of Annex II of the MARPOL Protocol of 73/78 for Vessels Carrying Noxious Liquid Substances (NLS) in Bulk — BACKGROUND. Annex II of MARPOL 73/78 will enter into force on 6 April 1987. The design

and operating requirements of the Annex are intended to control operational pollution and reduce accidental pollution resulting from groundings and collisions. The U.S. is a Party to this Convention. The Act to Prevent Pollution Prom Ships (33 USC 1901 et. seq.) authorized the Secretary of Transportation to administer and enforce Annex II of MARPOL 73/78 and this authority has been subsequently delegated to the Coast Guard at 49 CER l.46( hh). This Annex applies to all vessels carrying noxious liquid substances (NLS) in bulk. A list of these substances, categorized as A, B, C, or D according to the degree of harm they present to the marine environment, is contained in the Annex. Any self-propelled and oceangoing non-self- propelled vessels carrying these substances in bulk must have the appropriate certification to indicate that they have been inspected and approved for such carriage.

Guidance on Implementation of Annex II of the MARPOL Protocol of 73/78 for Vessels Carrying Noxious Liquid Substances (NLS) in Bulk — DISCUSSION.

a. The Coast Guard has developed regulations to implement Annex II which will apply to self-propelled and oceangoing non-self-propelled U.S. vessels and foreign flag vessels trading in U.S. waters that carry noxious liquid substances in bulk. These regulations are contained in 46 CFR Parts 98, 151 and 153 and 33 CER Part 151. b. This NVIC provides guidance to vessel owners and operators and Coast Guard marine inspection field personnel on conducting the initial and subsequent inspections and examinations of U.S. and foreign vessels carrying NLS as required by the regulations, and instructions on completing the appropriate certificates. This information is contained in enclosure (1). Separate guidance is being promulgated which will address the duties of the prewash surveyor, routine verifications of prewash procedures, and implementation of those MARPOL requirements applicable to reception facilities. c. Enclosure (2) provides uniform guidelines for the enforcement of the NLS regulations and Annex II requirements for both U. S. and foreign vessels. These guidelines are based upon those agreed to internationally by the International Maritime Organization ('MO). NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 5-87

Guidance on Implementation of Annex II of the MARPOL Protocol of 73/78 for Vessels Carrying Noxious Liquid Substances (NLS) in Bulk — PROCEDURES.

a.

Enclosure (1) will be used as a guide by marine inspection personnel in conducting the initial and subsequent inspections and examinations of vessels carrying noxious liquid substances in bulk to ensure that they meet the requirements of 46 CFR Parts 98, 151 or 153 or 33 CFR Part 151.

This NVIC will also be an aid to vessel owners and operators in determining what to expect for a given inspection. b.

The Coast Guard Officer in Charge, Marine Inspection (OCMI) will conduct the appropriate inspections and examinations as outlined in enclosure (1) based upon the cargos intended to be carried by a vessel. c.

Upon conditional approval of the Procedures and Arrangements Manual by the Marine Safety Center (MSC) and satisfactory completion of the inspection, the OCMI will issue the appropriate certificate(s) endorsed for the specific cargos which have been approved for carriage.

It should be noted that issuance of an 'MO Certificate of Fitness is predicated on requirements other than those dealing strictly with noxious liquid substances. d.

A foreign flag vessel having a valid Certificate of Fitness or NLS Certificate will be issued a Certificate of Compliance (COC) (currently Letter of Compliance) and Subchapter 0 Endorsement (SOE) upon satisfactory completion of a COC examination and the survey detailed in enclosure (1).

If a vessel already has a valid COC (LOC), Commandant (G-MTH) will issue the SOE to the COC, as detailed in enclosure (1), upon acceptance of the vessel's Certificate of Fitness (COF).

On such a vessel a spot examination should be conducted to verify compliance with the Annex II requirements, however a complete COC examination would not be necessary.

If a foreign flag vessel does not have a Certificate of Fitness or NLS Certificate which is recognized by the Coast Guard as demonstrating compliance with Annex II, it will be required to meet all the Annex II related requirements applicable to U.S. vessels. e.

Enclosure (2) will be used as a guide in determining the enforcement action to be taken when vessels are found not to be in compliance with Annex II and related U.

S. regulations.

The enforcement action to be taken is predicated upon a vessel's degree of compliance and what action has been taken and continues to be taken, to bring the vessel into compliance. f.

The INO Certificate of Fitness (CG-5l48B), International Certificate of Fitness (CG- 51485), and NLS Certificate (CG-5461) may all be ordered through Supply Center Brooklyn by using stock numbers 7530-01-G12-8670, 7530-0l-GF3-2070, and 7530-01- G13-2090, respectively.

All certificates are issued in packages of 50.

NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 5-87 End: (1) Guidelines for Conducting Annex II of MARPOL 73/78 Surveys and Issuing The Appropriate Certificates

(2) Guidelines for the Enforcement of the Provisions of Annex II Relating to Vessel Equipment Installations and Inspections NON-STANDARD DISTRIBUTION: C: e Hampton Roads (40); Baltimore, Corpus Christi, Galveston, Port Arthur, Mobile, Honolulu, Puget Sound (25); Long Beach (20); San Francisco, Portland OR (15); Boston, Jacksonville, San Juan, Savannah, Tampa, Miami, San Diego (10); Portland NE, Providence, Huntington, Louisville, Memphis, Nashville, Paducah, Pittsburgh, St. Louis, Wilmington, Charleston, Chicago, Buffalo, Cleveland, Detroit, Duluth, Milwaukee, Toledo, Anchorage, Juneau, Valdez

(5). C:m New Orleans (150); New York (100); Philadelphia, Houston (25); St Ignace, Sturgeon Bay (5). D:l CG Liaison Officer MILSEALIFTCOMD (Code M-4E4), CG Liaison Officer JUSMAGPHIL

(1). ZTC-68.