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Regulatory Bodies

Regulatory Bodies. International Regulation Federal Regulation Industrial Organizations. International Organizations. The United Nations General Assembly Secretariat International Court of Justice Security Council Trusteeship Council Economic & Social Council Programs & Funds

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Regulatory Bodies

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  1. Regulatory Bodies International Regulation Federal Regulation Industrial Organizations

  2. International Organizations • The United Nations • General Assembly • Secretariat • International Court of Justice • Security Council • Trusteeship Council • Economic & Social Council • Programs & Funds • UNICEF, etc., • Functional Commissions • Commission on Human Rights, etc., • Specialized Agencies • World Health Organization (WHO) • UNESCO • World Bank Group • International Maritime Organization (IMO)

  3. IMO • International Maritime Organization – a U.N. agency created to: • Provide cooperation among governments in matters affecting international shipping • Encourage & facilitate the adoption of the highest practicable standards in marine safety, efficiency of navigation, and prevention & control of pollution from shops. • There are 5 IMO Committees • Marine Environmental Protection Committee • Marine Safety Committee • Facilitation Committee • Legal Committee • Techn. Coop. Comm. • Cannot enforce its regulations, but • Depends on member states to codify its conventions & protocols into their local laws

  4. IMO • The IMO has adopted more than 40 Conventions • Safety of Life at Sea [SOLAS 1974] • Regulations for Preventing Collisions at Sea [COLREGS 1972] • Standards for Training & Certification of Watchstanding for Seafarers [STCW 1978/95] • Prevention of Pollution from Ships [MARPOL 1973/78] • Oil Pollution Prevention, Response & Cooperation [OPRC 1991] • … and over 100 Codes and Protocols • International Safety Management Code [ISM 1993] • International Code for Safety of High-speed Craft [1994] • Guide for Control & Management of Ship’s Ballast Water [1991]

  5. SOLAS 1974 • Adoption: 1 November 1974; Entry into force: 25 May 1980 • Chapter I - General Provisions • Chapter II-1 - Construction - Subdivision and stability, machinery and electrical installations • Chapter II-2 - Fire protection, fire detection and fire extinction • Chapter III - Life-saving appliances and arrangements • Chapter IV - Radiocommunications • Chapter V - Safety of navigation • Chapter VI - Carriage of Cargoes • Chapter VII - Carriage of dangerous goods • Chapter VIII - Nuclear ships • Chapter IX - Management for the Safe Operation of Ships • Chapter X - Safety measures for high-speed craft • Chapter XI - Special measures to enhance maritime safety • Chapter XII - Additional safety measures for bulk carriers • Amended on numerous occasions including …

  6. SOLAS 1974 • The 1988 (GMDSS) amendments – Adoption: 11 November 1988; Entry into force: 1 February 1992 • IMO had begun work on the Global Maritime Distress and Safety System (GMDSS) in the 1970s and its introduction marked the biggest change to maritime communications since the invention of radio. • The June 1996 amendments -- Adoption: 4 June 1996; Entry into force: 1 July 1998 • A completely revised Chapter III on life-saving appliances and arrangements was adopted. The amendments take into account changes in technology since the Chapter was last re-written in 1983.

  7. MARPOL 1973/1978 • International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 • Annex I: Prevention of pollution by oil • Annex II: Control of pollution by noxious liquid substances • Annex III: Prevention of pollution by harmful substances in packaged form • Annex IV: Prevention of pollution by sewage from ships • Annex VI: Prevention of  Air Pollution from Ships • Amended on numerous occasions including …

  8. MARPOL 1973/1978 • The 1992 amendments – Adoption: 6 March 1992Entry into force: 6 July 1993 • The amendments to Annex I of the convention which deals with pollution by oil brought in the "double hull" requirements for tankers, applicable to new ships (tankers ordered after 6 July 1993, whose keels were laid on or after 6 January 1994 or which are delivered on or after 6 July 1996) as well as existing ships built before that date, with a phase-in period. • The 1995 amendments – Adoption: 14 September 1995Entry into force: 1 July 1997 • The amendments concern Annex V. They are designed to improve the way the Convention is implemented. Regulation 2 was clarified and a new regulation 9 added dealing with placards, garbage management plans and garbage record keeping.

  9. COLREGS 1972 • The International Rules of the Road – Adoption: 20 October 1972; Entry into force: 15 July 1977 • Part A - General (Rules 1-3) • Part B - Steering and Sailing (Rules 4-19) • Section 1 - Conduct of vessels in any condition of visibility (Rules 4-10) • Rule 6 - safe speed • Rule 10 - vessels in or near traffic separation schemes • Section II - Conduct of vessels in sight of one another (Rules 11-18) • Rule 13 - overtaking • Rule 14 - head-on situations • Section III - conduct of vessels in restricted visibility (Rule 19) • Part C - Lights and Shapes (Rules 20-31) • Part D - Sound and Light Signals (Rules 32-37) • Part E - Exemptions (Rule 38)

  10. COLREGS 1972 Some examples … • Rule 13 covers overtaking - the overtaking vessel should keep out of the way of the vessel being overtaken. • Rule 14 deals with head-on situations. • Crossing situations are covered by Rule 15 and action to be taken by the give-way vessel is laid down in Rule 16. Amended on numerous occasions including … • The 2001 amendments – Adoption: 29 November 2001Entry into force: 29 November 2003 • The amendments include new rules relating to Wing-in Ground (WIG) craft. The following are amended: • General Definitions (Rule 3) - to provide the definition of wing-in-ground (WIG) craft; • Action to avoid collision (Rule 8 (a)) - to make it clear that any action to avoid collision should be taken in accordance with the relevant rules in the COLREGs and to link Rule 8 with the other steering and sailing rules; • Responsibilities between vessels (Rule 18) - to include a requirement that a WIG craft operating on the water surface shall comply with the Rules as for a power-driven vessel

  11. WIG ? – advanced technology seaplane

  12. STCW 1978/95 Standards for Certification & Watchkeeping for Seafarers • Adopted: 7 July 1978; Entered into force: 28 April 1984 • 1991 Amendments added GMDSS requirements • 1994 amendments addressed additional requirements for tanker crews • 1995 amendments completely revised the Convention entered into force 1 February, 1997 • Chapter I: General provisions • Chapter II: Master-deck department • Chapter III: Engine department • Chapter IV: Radio department • Chapter V: Special training requirements for personnel on certain types of ships • Chapter VI: Emergency, occupational safety, medical care and survival functions • Chapter VII: Alternative certification • Chapter VIII: Watchkeeping

  13. STCW 1978/95 The STCW Code • The regulations contained in the Convention are supported by sections in the STCW Code. • Generally speaking, the Convention contains basic requirements which are then enlarged upon and explained in the Code. • Part A of the Code is mandatory. The minimum standards of competence required for seagoing personnel are given in detail in a series of tables. • Chapter II of the Code, for example, deals with standards regarding the master and deck department. • Part B of the Code contains recommended guidance which is intended to help Parties implement the Convention. • The measures suggested are not mandatory and the examples given are only intended to illustrate how certain Convention requirements may be complied with.

  14. The STCW Code, Part A (examples) • CHAPTER II – Standards Regarding the Master and Deck Department  • Standard of competence 1 Every candidate for certification shall: .1 be required to demonstrate the competence to undertake at operational level, the tasks, duties and responsibilities listed in column 1 of table A-II/1; .2 at least hold an appropriate certificate for performing VHF radiocommunications in accordance with the requirements of the Radio Regulations; and … (etc.) • Excerpt from Table A-II/1:

  15. The STCW Code, Part A (examples) • CHAPTER III – Standards Regarding the Engine Department  • Standard of competence Every candidate for certification as officer in charge of an engineering watch in a manned engine-room or as designated duty engineer in a periodically unmanned engine-room on a seagoing ship powered by main propulsion machinery of 750 kW propulsion power or more shall be required to demonstrate ability to undertake at the operational level, the tasks, duties and responsibilities listed in column 1 of table A-III/1. • Excerpt from Table A-III/1:

  16. The STCW Code, Part A (examples) • CHAPTER VI – Mandatory minimum requirements for familiarization and basic safety training and instruction for all seafarers • Familiarization • Basic Safety Training 1 receive appropriate approved basic training or instruction in: .1.1 personal survival techniques as set out in table A-VI/1-1, .1.2 fire prevention and fire-fighting as set out in table A-VI/1-2, .1.3 elementary first-aid as set out in table A-VI/1-3, and .1.4 personal safety and social responsibilities as set out in table A-VI/1-4.

  17. Federal Regulatory Bodies United States Coast Guard (DHS) – its missions: • Maritime Safety • Search and Rescue • Marine Safety • Recreational Boating Safety • International Ice Patrol • Maritime Mobility • Aids to Navigation • Icebreaking Services • Vessel Traffic / Waterways Management • Rules of the Road • Maritime Security • Drug Interdiction • Alien Migrant Interdiction • Law / Treaty Enforcement • General Maritime Law Enforcement • National Defense • General Defense Duties • Homeland Security • Port and Waterways Security • Polar Icebreaking • Protection of Natural Resources • Marine Pollution Education, Prevention, Response & Enforcement • Foreign Vessel Inspections • Living Marine Resources Protection

  18. USCG – Marine Safety Office • IMO standards codified in US Law under the jurisdiction of the USCG Marine Safety Office (MSO): • Marine Inspection (MI) • Marine Licensing (ML) • Port Safety and Security (PSS) • Marine Environmental Response (MER) • Waterways Management (WWM) • Recreational Boating Safety (RBS) • Bridge Administration (BA). • Standards become Law when incorporated into the Code of Federal Regulations (CFR).

  19. USCG – Marine Safety Office Marine Inspection • Certificate of Inspection describes the vessel, the route(s) that it may travel, the minimum manning requirements, the survival and rescue craft carried, the minimum fire extinguishing equipment and lifejackets required to be carried, the maximum number of passengers and total persons that may be carried, the name of the owner and managing operator, any equivalencies accepted or authorized • Inspected Vessels include: Large & Small passenger ships Container & General Cargo ships Tank ships Tank barges Freight barges (>15 GT) Oil spill recovery vessels Training ships Oceanographic research vessels Submersibles • Inspections include: Tailshaft Examinations Installation tests / inspectionsMaterial Inspections(Hull, Machinery, Electrical, Lifesaving, Fire protection, Pressure vessels and boilers, Steering systems, Sanitary inspection, etc.)SOLAS compliance

  20. USCG – Marine Safety Office Marine Licensing • Merchant Mariners Document • All mariners employed aboard U.S. merchant vessels greater than 100 gt, except operators of uninspected passenger vessels, are required to have a valid U.S. Merchant Mariner’s Document (MMD). • Ratings (unlicensed) • Unqualified (Entry Level) Ratings; Ordinary Seaman, Wiper, Steward’s Dept. • Qualified Ratings: AB, Lifeboatman, QMED require minimum sea experience & a written exam • Deck Licenses • Master, Chief Mate, 2nd Mate, 3rd Mate • Tonnage and location (inland, near coastal, any ocean) limitations • Engine Licenses • Chief Engineer, 1st Asst Engr, 2nd Asst Engr, 3rd Asst Engr, DDE • Horsepower (1000 hp, 4000 hp, unlimited hp) limitations

  21. Code of Federal Regulations • Organization – The CFR is divided into Titles, each with numerous Parts. Collections of these Parts comprise the various Chapters and Sub-chapters of the Title. • Some examples: • Title 3—The President • Title 14—Aeronautics and Space • Chapt I—(parts 1-199) Federal Aviation Admin. • Chapt V—(parts 1200-1299) NASA • Title 26—Internal Revenue • Title 50—Wildlife and Fisheries • Chapt V—(parts 500-599) Marine Mammal Commission

  22. Code of Federal Regulations Of particular interest to the Maritime Industry • Title 33—Navigation & Navigable Waters • Chapt I—Coast Guard • Subchapt C—(parts 60-76) Aids to Navigation • Subchapt D—(parts 80-82) International Navigation Rules (adoption of COLREGS 72) • Subchapt E—(parts 84-90) Inland Navigation Rules • Subchapt M—(parts 130-138) Marine Pollution Financial Responsibility & Compensation • Subchapt O—(parts 151-159) Pollution • Chapt II—Corps of Engineers • Chapt III—St Lawrence Seaway Dev. Corp.

  23. Code of Federal Regulations • Title 46—Shipping • Chapt I—Coast Guard (subchapters with indexes) • Parts 1-40: Subchapt B (Merch Mar Officers & Seamen): Subchapt C (Uninspected Vessels; Sub-chapt D (Tank Vessels) • Parts 41-69: Subchapt F (Marine Engineering) • Parts 70-89: Subchapt H (Passenger Vessels) • Parts 90-139: Subchapt I (Cargo & Misc Vessels); Subchapt IA (Offshore Drilling Units); Subchapt J (Electrical Engineering) • Parts 140-155: • Parts 156-165: • Parts 166-199: Subchapt S (Subdivision & Stability); Subchapt T (Small Passenger Vessels)

  24. Code of Federal Regulations • Title 46—Shipping (cont’) • Chapt II—Maritime Administration (MARAD) • Part 298—Vessel Financing Assistance (subchapter D) • Part 307—Vessel Reporting System (subchapter F) • Part 310—Merchant Marine Training (subchapter H) • Chapt III—Coast Guard (Great Lakes Pilotage) • Chapt IV—Federal Maritime Commission • Additional Coast Guard Regulations found in Chapt IV of Title 49—Transportationalong with: The National Safety Transportation Board (Chapt VII) and the Interstate Commerce Commission (Chapt X)

  25. Federal Regulatory Bodies • U.S. Coast Guard • Maritime Administration(MARAD) Administers programs to aid in the development, promotion & operation of the U.S. Merchant Marine • Manages the Reserve Fleet • Overseas maritime training & training ships • Administers subsidy programs • Federal Maritime Commission (FMC)An independent agency responsible for ensuring that U.S. international water transportation business is conducted in a fair and equitable manner. • All common carrier tariffs, convention tariffs & activities, terminal tariffs, and service contracts are filed with the FMC. • Disputes are investigated and binding decisions rendered by the FMC

  26. Federal Regulatory Bodies • Surface Transportation Board (STB) Responsible for the economic regulation of the U.S. domestic fleet (formerly the responsibility of the Interstate Commerce Commission) • National Transportation Safety Board (NSTB) investigates accidents • Federal Communications Commission (FCC) Regulates interstate and international radio & satellite communications • Ensures that U.S. Regulations conform to all international radiocommunication conventions • Licenses all marine radio stations • Conducts annual radio station inspections • Licenses vessel radio operators

  27. Industry Organizations • Classification Societies • Private, not-for-profit organizations establishing construction and equipment standards for ships • Insurance policies are generally not available to ships not registered “in class” with one of the societies • American Bureau of Shipping (ABS) • Declared by the Merchant Marine Act of 1920 as the official classification society for U.S. flag vessels • Issues Hull Certificates & Machinery Certificates as evidence of compliance via inspections by surveyors similar to USCG inspections.

  28. Classification Societies Registro Italiano Navale (RINA) Bureau Veritas (BV)--France China Classification Society (CCS) (GL)--Germany Indian Register of Shipping (IRS) Det Norske Veritas (DNV)--Norway Lloyd’s Register (LR)--UK Nippon Kaiji Kyokai (NK)--Japan

  29. International Assoc. of Independent Tanker Owners INTERTANKO Oil Companies International Marine Forum (OCIMF) Chemical Carriers' Association (CCA) Hazardous Material Advisory Council (HMAC) Shibuilders Council of America The Society of Naval Architects and Marine Engineers (SNAME) National Cargo Bureau American Association of Port Authorities The American Association of Exporters and Importers (AAEI) The Association of Ship Brokers and Agents (U.S.A.), Inc World Trade Organization Federation of International Trade Associations International Federation of Customs Brokers Associations International Association of Classification Societies (IACS) Hundreds more … Industry Organizations

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