Guide to Port State Control 2nd Edition 2019 All rights reserved. No part of this publication may be reproduced in any material form, (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) without the written permission of INTERTANKO. Applications for INTERTANKO’s written permission to reproduce any part of this publication should be addressed to the publisher. Whilst every effort has been made to ensure that the information contained in this publication is correct, neither the authors nor INTERTANKO can accept any responsibility for any errors or omissions or any consequences resulting therefrom. No reliance should be placed on the information or advice contained in this publication without independent veri?cation. © INTERTANKO 2019 78 INTERTANKO Guide to Port State Control 2nd Edition, 2019 Port State Control and Regional MoUs Port State Control Inspections in the USA The Coast Guard’s Port State Control (PSC) programme veri?es that foreign-Flagged vessels operating in US waters comply with applicable international conventions, US laws and US regulations. In an effort to reduce deaths and injuries, loss of or damage to property or the marine environment and disruptions to maritime commerce, PSC exams focus on those vessels most likely to be substandard, based on identi?ed risk factors. PSC Of?cers examine vessels for compliance with international and US standards. Systems for security, ?re?ghting, lifesaving, and pollution prevention equipment are examined to verify proper operation. In addition, the vessel’s structure and engineering equipment are examined to verify compliance. When vessels that are not in substantial compliance with applicable laws or regulations are identi?ed, the Coast Guard imposes controls until the substandard conditions have been recti?ed and the vessels are brought into compliance. These controls can include restriction of vessel movement, restrictions on cargo operations, denial of entry into Port, expulsion from Port, or the vessel may be detained under IMO Conventions. The goal of the PSC programme is to identify and eliminate substandard ships from US waters. In addition to the risk-based vessel targeting and examination programme, US law requires foreign oil, gas and chemical tank vessels to be examined at least annually. After completing an exam, the Coast Guard issues a Certi?cate of Compliance (COC), which is valid for two years with a mid-period (annual) examination required. Vessels that do not have a valid COC, or vessels that are more than three months beyond the anniversary date of their COC annual exam date, will be prohibited from conducting cargo operations by the COTP. Therefore, tanker owners are encouraged to request a COC exam from the COTP up to two months prior to expiration to avoid future delays in US Ports. Non-US tankships that engage in offshore lightering in the US Exclusive Economic Zone (EEZ) may be examined overseas when resources permit and if the examination is considered to be mutually bene?cial to the Coast Guard and the ship’s management. If the vessel is up to date with user fees, intends to conduct lightering operations offshore inside the US EEZ within that year, and is in a foreign Port covered by Coast Guard Activities Europe or Far East Activities (this covers most of Europe, Africa and Asia), tanker managers may request an overseas exam directly from the USCG of?ces. More information is available on the following website: http://www.dco.uscg.mil/psc/ Inspection Procedures, Recti?cation and Detention Vessel Age Limitations The Coast Guard recognises that the age of the vessel serves as a key factor in the assessment of the vessel. Newer vessels (<10 years old) actually have their targeting factor reduced in their scoring regime. While vessels greater than 25 years old have the most points added to the targeting factor score. INTERTANKO Guide to Port State Control 79 2nd Edition, 2019 Port State Control Inspections in the USA Targeting Decision-Making Process for Each Vessel Arrival 80 INTERTANKO Guide to Port State Control 2nd Edition, 2019 US Port State Control Safety, Security, and Environmental Examination Factors The US Coast Guard (USCG) administers a comprehensive PSC examination programme in order to ensure safe, secure, and environmentally responsible shipping that supports the global objective of eliminating substandard ships. The USCG screens vessels prior to arriving in US ports and assesses a multitude of regulatory and risk- based factors in order to determine foreign vessel examination requirements. For more information on the USCG PSC examination programme, please refer to Marine Safety Manual Volume II: Material Inspection, COMDTINST M16000.7B (series) which is available online at: https://bit.ly/2KIHhra For more information, please visit the following website: http://www.dco.uscg.mil/psc QUALSHIP 21 Initiative What is QUALSHIP 21? Coast Guard efforts to eliminate substandard shipping have focused on improving methods to identify poor- quality vessels (targeting schemes). However, regardless of the score that a vessel receives in our targeting matrix, all foreign-Flagged vessels are examined no less than once each year. This provides few incentives for the well-run, quality ship. Hundreds, perhaps thousands, of vessels are operated responsibly, and are typically found with few or no de?ciencies. High-quality vessels are recognised and rewarded for their commitment to safety and quality by the QUALSHIP 21 initiative implemented on January 1, 2001. This programme identi?es high-quality ships, and provides incentives to encourage quality operations. This initiative is called QUALSHIP 21, quality shipping for the 21st century. What is E-Zero? The USCG’s Of?ce of Commercial Vessel Compliance announced the QUALSHIP 21 E-Zero Programme, which of?cially commenced on July 1, 2017. Port State Control and Regional MoUs INTERTANKO Guide to Port State Control 81 2nd Edition, 2019 Port State Control Inspections in the USA The E-Zero programme is a new addition to the existing QUALSHIP 21 programme, and aims to recognise those vessels that have consistently adhered to environmental compliance, while also demonstrating an immense commitment to environmental stewardship. The “E-Zero” designation indicates that a vessel has zero environmental de?ciencies or violations and is a new addition to the existing QUALSHIP 21 programme. The E-Zero designation will be awarded to QUALSHIP 21 ships that have consistently adhered to environmental compliance, while also demonstrating an immense commitment to environmental stewardship, above and beyond the QUALSHIP 21 criteria. The QUALSHIP 21 programme as a whole remains voluntary and is aimed at recognising foreign ships that have demonstrated the highest commitment to maintaining strict compliance with US and international safety, security and environmental regulations. All existing QUALSHIP 21 ships due for renewal between 1 July and 1 December 2017 will be automatically screened for eligibility. For all other QUALSHIP 21 ships that presently meet the E-Zero criteria, the USCG welcomes shipping companies to submit applications in order to have the E-Zero designation added to current certi?cates for reissuance. Vessel Eligibility for QUALSHIP 21Vessel Eligibility for E-Zero designation Must be a non-US ?agged vessel.Must be a vessel enrolled in QUALSHIP 21. The vessel must be registered to a QUALSHIP 21 quali?ed ?ag administration. Zero worldwide MARPOL detentions for the vessel in the past three (3) years. No substandard vessel detentions in the US - three (3) years. Zero environmental de?ciencies (MARPOL, 33 CFR Subchapter O, Ballast Water Management, Vessel General Permit, Antifouling) in the US over the past three (3) years. No marine violations or serious marine casualties- includes no more than one Notice of Violation (NOV) ticket within three (3) years. Zero Letters of Warning, Notices of Violation or Civil Penalties related to Right Whale Mandatory Ship Reporting or speed restriction violations over the past ?ve (5) years. A successful US PSC safety exam within 24 months. Installed CG type-approved BWMS or operating with accepted AMS or operating without a BWM compliance date extension letter granted in accordance with 33 CFR 151.2036. Not owned or operated by any company that has been associated with more than one PSC detention in 24 months. Vessels cannot have their statutory convention certi?cates issued by a “targeted” recognised organisation (RO). The Qualship21 & E-Zero Programme The Qualship21 pamphlet and frequently asked questions document provide a full overview of the programme including incentives, eligibility requirements and application instructions. Qualship 21/E-Zero Pamphlet: https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CG-5PC/ CG-CVC/CVC2/psc/safety/qualship/QS21_EZero.pdf Frequently Asked Questions: http://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/CG- 5PC/CG- CVC/CVC2/psc/safety/qualship/QS21_FAQ.pdf 82 INTERTANKO Guide to Port State Control 2nd Edition, 2019 Contact Details Contact details for USCG personnel can be found through the links below. For local, ship speci?c issues, inquiries should be directed ?rst to the local USCG unit. The contact information can be found on below listed websites: For HQ staff: https://bit.ly/2MrkOB2 For ?eld units: https://www.uscg.mil/top/units/default.asp COMMANDING OFFICER COMMANDING OFFICER US Coast Guard Activities Europe US Coast Guard Far East Activities USAG Schinnen Unit 5073 Borgerweg 10 APO AP, 96328-5073 6365CW Schinnen, Netherlands Japan Tel: +31 10 442 4458 Tel: +81 42 507 6545 Fax: +31 10 450 4752 E-mail: [email protected] E-mail: [email protected] If a tanker manager would like more information on what equipment is examined and what operational systems will be tested during a US PSC exam, the PSCO checklists can be downloaded from the Coast Guard’s website (see link below). These checklists are not intended to be all-inclusive; a PSC exam may be expanded if “clear grounds” are identi?ed that lead a PSC team to believe that the condition of the ship or its equipment does not correspond with the certi?cates, or the ship does not comply with applicable law or conventions. https://bit.ly/2P3ejqx (Click on the appropriate job aid PDF link for the speci?c vessel type) The following items are additional US requirements that a tank vessel manager should consider before making a US Port call, and they are: 1. Pump rooms: Tank vessels with pump rooms must have their pump room certi?ed gas free by a marine chemist prior to an annual COC exam to allow for a safe pump room examination. 2. Financial responsibility for water pollution: Vessels must have a Vessel Certi?cate of Financial Responsibility (COFR), to cover the liability of the owner arising under the Oil Pollution Act of 1990 (OPA 90), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). See Title 33, part 138, Code of Federal Regulations (33 CFR 138). 3. Vessel Response Plans (VRP): Vessels that are constructed to carry, or that carry, oil in bulk as cargo or cargo residue must have an approved VRP. More detailed information on VRPs can be found on the VRP Frequently Asked Questions page on the Coast Guard’s Homeport website: https://homePort.uscg.mil/vrp 4. International Safety Management (ISM) Code: Tank vessels must report the dates of issuance for their company’s DOC and the vessel’s SMC, and the name of the Flag or Recognised Organisation that issued the ISM Certi?cates, with every notice of arrival for the US Vessels that are not in compliance with the ISM Code will be denied entry into US waters; vessels found in US Ports in non-compliance will be ordered out of US waters. Port State Control and Regional MoUs INTERTANKO Guide to Port State Control 83 2nd Edition, 2019 Port State Control Inspections in the USA 5. Ballast Water (BW) management requirements for all vessels equipped with ballast water tanks that operate in waters of the United States shall employ one of the following ballast water management methods (33 CFR 151.2025): • Install and operate a BW Management System (BWMS) that has been approved by the Coast Guard (under 46 CFR Part 162); or • Perform a complete BW exchange in an area 200 nautical miles from any shore prior to discharging BW, unless the vessel is required to employ an approved BWMS per the schedule found in 33 CFR 151.2035(b) • Provided the vessel is not required to have a Coast Guard approved BWMS per the schedule: The Coast Guard will allow the operator/Master of a vessel which cannot practicably meet the requirements of 33 CFR 151.25 either because its voyages does not take it into waters 200 nautical miles or greater from shore for a suf?cient length of time and the vessel retains BW onboard or because the Master of the vessel has identi?ed safety or stability concerns, to discharge BW in areas other than the Great Lakes and the Hudson River north of George Washington Bridge; or • Operate a BW Management System approved by a foreign Flag Administration that meets the requirements of 33 CFR 151.2026 (alternate management system (AMS)) provided it is installed onboard prior to the date that the vessel is required to comply with the BWDS. Prior to using an AMS for compliance with 33 CFR Part 151, a letter of acceptance issued by the Coast Guard to the manufacture must be onboard. Until such letter is placed onboard, a vessel will be required to meet the BW exchange requirements; an AMS can only be used for ?ve (5) years to meet USCG BW regulations; or • Use only fresh water from a US public water system (PWS), as de?ned in 40 CFR parts 141 and 143 as BW; or • Vessel does not discharge BW into waters of the United States (waters of the US include the territorial sea as extended to 12 nautical miles from the base line). 6. Ballast Water Management Requirements: There are mandatory reporting (33 CFR 151.2060) and recordkeeping (33 CFR 151.2070) requirements for all vessels equipped with ballast water tanks that are bound for Ports or places of the United States regardless of whether a vessel operated outside of the EEZ. The Master, Owner, Operator, Person in Charge, or vessel agent must send a signed copy of the following information to the USCG per the guidance in 33 CFR 151.2060. Copies of this information must be maintained on board the vessel for at least two years. • Vessel’s name, type, IMO number, Flag, owner, gross tonnage, call sign, and agent • Last Port, arrival Port and date, next Port • Total volume of ballast water capacity • Total volume ballast water on board • Total number of tanks; on board, used for ballast, to be discharged, underwent exchange, underwent alternative management • Total number of tanks in ballast • Is there a ballast water management plan on board? Was it implemented? • Is there a copy of IMO guidelines on board? 84 INTERTANKO Guide to Port State Control 2nd Edition, 2019 • Location, date, volume, temperature of ballast when loaded for each tank. • Description of alternative management method if used • Reasons if no ballast treatment method used • Particulars of exchange if conducted including; volume exchanged; location; date; percent of tank volume exchanged, and sea height at time of exchange • Location, date, volume, and salinity of ballast water to be discharged for each tank. For more information, please visit: https://bit.ly/2HfDxLK For the standardised ballast water reporting form, please visit the National Ballast Information Clearinghouse’s (NBIC) website for forms and instructions at: http://invasions.si.edu/nbic/pdfform.html 7. Mandatory Ship Reporting Systems: Two mandatory ship reporting systems were implemented on 1 July 1999, in an effort to reduce the threat of ship strikes to endangered North Atlantic right whales on the US East Coast. Both systems were enacted into US regulations under a new Part 169 of Title 33, Code of Federal Regulations (33 CFR 169). The northern system, WHALESNORTH, is operational year-round, and affects vessels bound for Boston, MA and in close vicinity. The southern system, WHALESSOUTH, is operational between November 15 and April 16, and affects vessels along a 90-mile stretch of the East Coast in Florida and Georgia. Ships must report to the shore-based authority upon entering the area covered by each reporting system. Vessels will receive a return message that acknowledges their entry into the system, and they will also receive information about the risks of hitting right whales, where to obtain seasonal right whale advisories, and advice on how to reduce the risk of collision with a right whale. More information on this ship reporting system can be obtained from the COTP, Notice to Mariners and Coast Pilots or at the following website: http://www.nmfs.noaa.gov/pr/shipstrike/msr.htm 8. Appeal Process: Any directly affected party wishing to dispute the validity of, or their association with, a decision or action made by a USCG PSC Of?cer should follow the appeal procedures outlined in Title 46, Code of Federal Regulations, Subpart 1.03. All operational controls (not related to the work of Recognised Organisations and their association with a detention) should be appealed ?rst to the cognisant Captain of the Port (COTP) or Of?cer in Charge of Marine Inspection (OCMI) who issued the detention. If not satis?ed with a COTP/OCMI decision on appeal, a request for reconsideration of the appeal may be forwarded to the cognisant District Commander. If still not satis?ed, ?nal consideration of the appeal can be forwarded to the Commandant of the Coast Guard, Of?ce of Commercial Vessel Compliance (CG-CVC). Commandant is the ?nal agency action for appeals and will consider any additional evidence not contained in the original appeal. At each level, there is an opportunity to raise new arguments or provide additional information as to why the appeal should be granted. Addresses for each unit can be found on the following website: https://homeport.uscg.mil/Pages/sector-directory.aspx Port State Control and Regional MoUs