Page 58: of Maritime Reporter Magazine (October 1997)

LEGAL UPDATE

Ready And Waiting

As The ISM Code Deadline Nears, USCG Preparations Move Full Steam Ahead

By Arthur Dimopoulos, contributor

The International Management

Code for the Safe Operation of

Ships and for Pollution Prevention (ISM) Code deadline of July 1,

Quality

It's reflected in everything we do.

Bollinger ^^^ SHIPYARDS, INC. 60

ISO 9001 CERTIFIED

For a free brochure contact:

Bollinger Shipyards, Inc.

P.O. Box 250 • 8365 Highway 308 South

Lockport, LA 70374

Phone: (504) 532-2554«Fax: (504) 532-7225 http://www.bollingershipyards.com • \7isit us at Booth 21*39 at the 1997 International Workboat Show in New Orleans, Louisiana - Nov. 6-7

LOCKPORT * LAROSE.' MATHEWS • ALGIERS • HARVEY • FOURCHON • MORGAN CITY

Circle 231 on Reader Service Card 1998 is rapidly approaching for tank and dry cargo vessel opera- tors.

For operating or management companies falling under the July deadline that have not begun the certification process, doing so at this point may be too late.

Charged by the U.S. Coast

Guard (USCG) Authorization Act of 1996, the USCG is proceeding full steam ahead in formulating regulations, policies and enforce- ment procedures implementing the ISM Code. On May 1, 1997, the USCG published a notice of proposed rulemaking which pro- mulgated regulations implement- ing the Code's provisions affecting

U.S. vessels engaged on foreign voyages. The final rule will likely appear in the Federal Register in early January 1998.

USCG ISM Enforcement

Implementation of the ISM

Code has been codified in 46

U.S.C. sees. 3201-3205 (1997).

With respect to U.S. port state responsibilities, Congress has clearly mandated that a vessel without onboard copies of its

Safety Management Certificate (SMS) and Document of

Compliance (DOC) can not operate in U.S. waters (46 U.S.C. sec 3204(c)).

The USCG Marine Safety

Council is presently deliberating the promulgation of an interim rule that will implement the man- date set forth by section 3204(c).

The rule will likely amend regula- tions relating to a vessel's notice of arrival required by 33 C.F.R. sec- tion 160.207 et seq. Upon a mini- mum of 24 hours' notice of a ves- sel's arrival, in addition to the pre- sent requirements, the vessel's owner, agent, master, operator or person in charge would have to certify that the necessary valid

ISM Code documentation was onboard.

Should the required documenta- tion not be onboard the vessel or be invalid, the USCG has discre- tionary authority to request that the Treasury Department revoke the vessel's clearance, barring its entry into the U.S. Under extenu- ating circumstances, determined on a case-by-case basis, clearance may be granted upon filing of a bond or other satisfactory surety.

ISM Code enforcement difficul- ties will surely arise with respect to "off the shelf' ISM Code certifi- cates issued at a price by sources

Maritime Reporter/Engineering News