NVIC 10-97: Cargo securing manual approval guidelines

Commandant 2100 Second Street, S.W. United States Coast Guard Washington, DC 20593-0001 Staff Symbol: G-MOC Phone: (202) 267-0495 FAX: (202) 267-0506 COMDTPUB P16700.4 NVIC 10-97 07 NOVEMBER 1997 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 10-97 Subj: GUIDELINES FOR CARGO SECURING MANUAL APPROVAL Ref: (a) Guidelines for the Preparation of the Cargo Securing Manual, International Maritime Organization, Maritime Safety Committee, MSC/Circ.745 of June 13, 1996 (b) 1994 Amendments to Chapters VI/5.6 and VII/6.6 of the International Convention for the Safety of Life at Sea, 1974 (SOLAS)

Guidelines for Cargo Securing Manual Approval — PURPOSE. To provide guidelines for Coast Guard inspectors and qualified organizations to

use when inspecting U.S. vessels for compliance with references (a) and (b). Regulations are forthcoming that will set forth the criteria for organizations that may qualify to assist the Coast Guard in the approval of Cargo Securing Manuals (CSM). In the meantime, because of the rapidly approaching SOLAS deadline of December 31, 1997, this Navigation and Vessel Inspection Circular (NVIC) also provides interim CSM submittal, review, approval, and appeal procedures.

Guidelines for Cargo Securing Manual Approval — DIRECTIVES AFFECTED. None.

DIRECTIVES AFFECTED. None.

Guidelines for Cargo Securing Manual Approval — BACKGROUND. During the early 1990’s several maritime incidents underscored the risk of

serious injury or death, vessel loss, property damage, and maritime environmental damage caused by improperly secured cargoes aboard vessels in international trade. For example, in January 1992 the M/V SANTA CLARA I lost 21 freight containers, including four containers of toxic arsenic trioxide, off the U.S. Atlantic Coast due to cargo securing failures in connection with bad weather and human error (U.S. Coast Guard Marine Board of Inquiry Report of May 18, 1992; Serial Number: 16732/03 HQS 92). In another incident, cargo DISTRIBUTION – SDL No.135 a b c d e f g h I j k l m n o p q r s t u v w x y z A B 2 11 1 1 132 1 5 30 C 43 4 5 D 1 E 1 2 2 F 1 1 G H NON-STANDARD DISTRIBUTION: NAVIGATION AND INSPECTION CIRCULAR NO. 10-97 securing failures were believed to have contributed to the loss of a British vessel carrying bagged cement. Growing international concern led to the creation of a working group to develop cargo securing standards for adoption by the Maritime Safety Committee (MSC) of the International Maritime Organization (IMO). In June 1996, reference (a) was published, providing a uniform approach to the preparation of CSMs. Reference (b) requires that cargo be loaded, stowed, and secured throughout the voyage in accordance with “Administration Approved” CSMs.

Guidelines for Cargo Securing Manual Approval — DISCUSSION.

a.

Beginning on December 31, 1997, cargo vessels engaged in international trade which are equipped with cargo securing systems or individual securing arrangements must have on board a CSM which has been approved by the vessel’s flag state administration.

Under Title 46, Code of Federal Regulations Part 90.05-10 (46 CFR 90.05-10) and reference (b), CSM requirements apply to all U.S. flag cargo vessels 500 gross tons or more engaged in international trade, except for those engaged solely in the carriage of bulk solid or liquid cargoes.

Ship types affected include general cargo vessels, cellular containerships, roll on- roll off vessels, passenger/cargo vessels, supply vessels, bulk vessels capable of carrying non-bulk cargo, heavy lift ships, freight ships carrying packaged or break-bulk cargoes, and other similar vessels.

Guidelines for preparation, submittal, review, approval, and appeal of CSMs are provided as enclosures (1) and (2).

U.S. and foreign government port state control boardings may include examination of cargo securing for compliance with the vessel’s CSM. b.

Executive Order (E.O.) 12234 of September 3, 1980, authorizes the Coast Guard to issue certificates and approvals required under the International Convention for the Safety of Life at Sea (SOLAS), 1974 including CSMs.

The Coast Guard has delegated this authority to the American Bureau of Shipping (ABS).

After the Coast Guard issues regulations explaining the necessary criteria, other organizations may be able to assist the Coast Guard in reviewing and approving CSMs on U.S. vessels.

Further, under the authority of 46 U.S.C. § 3103, because of the rapidly approaching deadline to have approved CSMs on board U.S. vessels by December 31, 1997, and based on the National Cargo Bureau’s (NCB) experience and familiarity in the field of loading and stowage, NCB is deemed to have met the criteria in enclosure (3).

Therefore, Coast Guard units may direct U.S. vessel owners and operators to either ABS or NCB for CSM approval. c.

Other organizations have expressed interest in U.S.

CSM Approval Authority authorization procedures.

Application, review, and authorization guidelines are provided as enclosure (3).

NAVIGATION AND INSPECTION CIRCULAR NO. 10-97

Guidelines for Cargo Securing Manual Approval — IMPLEMENTATION.

a.

Beginning December 31, 1997, U.S. cargo vessels meeting the criteria of 46 CFR 90.05-10 must have on board an approved CSM to maintain compliance with their SOLAS “Cargo Ship Safety Equipment Certificate” (CG-3347).

Owners of U.S. cargo vessels subject to these requirements are required to prepare and submit CSMs for approval, using the guidance in enclosures (1) and (2). b.

Owners of U.S. cargo vessels less than 500 gross tons engaged in international commerce seeking voluntary CSM compliance shall prepare and submit CSMs for approval, using the guidance in enclosures (1) and (2). c.

Commandant (G-MSO) will initiate a rulemaking to specify U.S. flag vessel CSM responsibilities, establish U.S.

CSM Approval Authority responsibilities, and identify application and selection procedures for organizations seeking U.S.

CSM Approval Authority delegation. d.

Until regulations are issued, U.S.

CSM Approval Authorities (those organizations delegated authority by the United States for the approval of U.S. flag vessel CSMs) will follow the guidance in enclosures (2) and (3). e.

Until regulations are issued, other organizations which desire to become an U.S.

CSM Approval Authority may submit an application to Commandant (G-MOC) in accordance with enclosure (3).

If the applicant meets the criteria and becomes qualified to approve CSMs, Commandant (G-MOC) will maintain an up-to-date listing of U.S.

CSM Approval Authorities and shall publish a Notice in the Federal Register to notify the public of such determinations. f.

Commandant (G-MOC) will conduct periodic oversight audits of all U.S.

CSM Approval Authorities to ensure compliance with the guidance in enclosures (2) and (3). g.

Beginning on December 31, 1997, OCMIs and representatives of authorized classification societies under the Alternate Compliance Program (ACP) will include CSM compliance checks as part of routine SOLAS inspections conducted aboard affected U.S. cargo vessels.

As part of Cargo Ship Safety Equipment Certificate issuance, the OCMI and ACP classification society representatives will check for compliance with references (a) and (b) requirements to certify that “in all other respects the ship complied with the relevant requirements of the Convention” per Section. 2.6 of the certificate (enclosure

(4)). Until regulations on this matter are issued, inspectors should explain to cargo vessel masters that the U.S. Coast Guard expects conformance with these newly implemented SOLAS requirements in order to ensure the vessel’s compliance with 46 CFR 91.60-10. The public will be notified of this course of action in a Notice to be published in the Federal Register. NAVIGATION AND INSPECTION CIRCULAR NO. 10-97

Guidelines for Cargo Securing Manual Approval — ACTION. Vessel designers, builders, owners, operators, or their representatives, are

encouraged to take advantage of the procedures and guidelines detailed in this Circular. District Commanders, Commanders of Activities, Commanding Officers of Marine Safety Offices, and the Commanding Officer, Marine Safety Center are encouraged to bring this NVIC to the attention of appropriate individuals in the marine industry. R. C. NORTH Rear Admiral, U. S. Coast Guard Assistant Commandant for Marine Safety and Environmental Protection Encl: (1) Guidelines for the Preparation of the Cargo Securing Manuals for U.S. Vessels

(2) Cargo Securing Manual Submittal, Review, Approval, and Appeal Procedures

(3) Authorization of U.S. Cargo Securing Manual Approval Authority

(4) SOLAS Cargo Ship Safety Equipment Certificate (CG-3347) GUIDELINES FOR THE PREPARATION OF CARGO SECURING MANUALS FOR U.S. VESSELS I. GENERAL. These guidelines provide the minimum standards for the preparation of Cargo Securing Manuals (CSM) for U.S. vessels to comply with the 1994 Amendments to Safety of Life at Sea (SOLAS), 1974 Regulations VI/5.6 and VII/6.6. Approved CSMs are required to provide up-to-date information and guidance to assist the vessel’s Master and crew regarding the proper use of the equipment available to adequately stow and secure the vessel’s cargo. An owner or manager must carry out a good deal of research and fact finding before drafting a CSM, often in consultation with the vessel’s personnel responsible for cargo stowage and securing. IMO’s Maritime Safety Committee Circular 745 (MSC/Circ. 745), “Guidelines for the Preparation of the Cargo Securing Manual”, establishes a uniform international standard for CSM preparation and is provided as Attachment A to this enclosure. II. APPLICABILITY. Compliance is required for all U.S. vessels 500 gross tons or more engaged in international trade, except those used solely in the carriage of bulk solid or liquid cargoes. Voluntary compliance is encouraged for other U.S. cargo vessels less than 500 gross tons engaged in international trade. CSMs will therefore be required for ship types such as: A. General cargo vessels, B. Cellular Containerships, C. Roll on-Roll off (RO-RO) vessels, D. Passenger/Cargo vessels,