Keeping you advised

In addition to the Rules and Guides for compliance with ABS standards, we strive to keep our clients up to date with local, national, and international regulatory news and developments.

ABS Regulatory Commentary

14 Dec 2012- - Industry Expresses Concerns over Ballast Water Management Convention Implementation-

• Representatives of the leading worldwide Associations of Shipbuilders, Classification Societies and Shipowners issued a press release expressing their serious concerns with the obstacles that all three parties face as the IMO Ballast Water Management Convention moves closer to ratification and the challenges of fitting treatment equipment to the world’s 70,000 ships under the Convention’s “compressed” implementation timetable. To read the press release issued jointly by ICS; IACS; BIMCO; Intercargo; Intertanko; OCIMF; and CESS (Committee for Expertise of Shipbuilding Specifics), please click below.

12 Dec 2012- - Countries Delegating Statutory Authority to ABS-

• This listing details the statutory authority granted to ABS by country and Convention.

30 Nov 2012- MSC- 91 Brief-

• The following highlights actions taken at IMO’s Maritime Safety Committee’s 91st session which met from 26 to 30 November. A full report of MSC 91 will be included in the next ABS International Regulatory News Update.

29 Nov 2012- - US EPA Next Vessel General Permit (VGP)-

• The US Environmental Protection Agency (EPA) announced a delay in publication of its new Vessel General Permit (VGP) to 15 March 2013. The effective date of the new VGP has not changed. It will replace the current VGP on 19 December 2013. Additional information is available on the EPA website.

28 Nov 2012- - Panama Canal Advisory on New Locks-

• The Panama Canal Authority has issued Advisory A-28-2012 advising the shipping community of the definitions and requirements applicable to all vessels intending to transit the new locks at the Panama Canal when they are completed.

14 Nov 2012- - Matrix of Regulations Entering into Force under the Principal IMO Conventions-

• This October 2012 updated matrix identifies and summarizes international regulations to be complied with for the next eight years with the compliance date for new and existing ships according to ship type, size and age.

07 Nov 2012- - USCG Issues Additional Ballast Water Management Guidance -

• The United States Coast Guard (USCG) has posted additional guidance explaining its Ballast Water Management Regulations in the form of: 1) Guidance on verification of Fouling Maintenance and Sediment Removal Procedures; and 2) A PowerPoint presentation (with audio narration) - USCG Ballast Water Final Rule, 5 November 2012.

19 Oct 2012- - USCG Policy Letter on AFS Convention -

• The International Convention on the Control of Harmful Anti-Fouling Systems on Ships (AFS Convention) will come into force for US vessels, and foreign flag vessels in US waters, on 21 November 2012. The United States Coast Guard (USCG) issued a policy letter (CG-CVC Policy Letter 12-08) on 15 October 2012 detailing the requirements and procedures for certification of US vessels and Port State Control procedures for foreign vessels. ABS has applied for authorization to do this certification on behalf of the USCG but the USCG has advised that it cannot authorize Recognized classification societies prior to 21 November. The USCG policy letter is available here.

05 Oct 2012- MEPC- 64 Brief-

• The IMO Marine Environment Protection Committee (MEPC) held its 64th session from 1 to 5 October. The following provides a brief overview of the more significant issues impacting new and existing ships that were progressed at this session. A full report of the meeting will be included in the next ABS International Regulatory News Update.

24 Sep 2012- - Amendments to MARPOL V: Garbage Management -

• Amendments to MARPOL Annex V with respect to garbage management will enter into force on 1 January 2013. Ships of 100 gross tonnage and above, or certified to carry 15 persons or more, and fixed or floating platforms are required to have on board, by 1 January 2013, a new or revised Garbage Management Plan complying with resolution MEPC.201(62). The plans are not required to be approved by or on behalf of the Administration. Additionally, ships of 400 gross tonnage and above, or certified to carry 15 persons or more engaged in voyages to ports or offshore terminals under the jurisdiction of another party to MARPOL, and fixed or floating platforms, are also required to carry a Garbage Record Book. Significant revisions of the requirements include prohibition of discharge of (1) cargo hold cleaning agents and additives in hold wash water and (2) incinerator ash (which had previously been allowed to be discharged outside of Special Areas 12 nautical miles or more from the nearest land provided it did not contain toxic or heavy metal residues from plastic products) regardless of the area of operation. Also, the lower threshold of ship tonnage for the carriage of a plan has been reduced from 400 gt to 100 gt. To assist owners in complying with the requirements of the revised regulations, ABS has updated its Garbage Management Manual which is posted here.

19 Sep 2012- - Frequently Asked Questions on North American ECA -

• The US Coast Guard and Environmental Protection Agency (EPA) have compiled a list of frequently asked questions (FAQs) and associated responses on the North American Emissions Control Area (ECA). Also included at the end of the document is a list of questions which are currently under review by the USCG/EPA. The USCG will update the FAQs on a monthly basis (or sooner).

18 Sep 2012- MSC- 90 Update-

• A Regulatory News Update on the IMO Maritime Safety Committee 90th session (MSC 90) held from 15 to 25 May 2012

13 Sep 2012- - Possible Future Regulation Under Development-

• ABS discusses regulations that could come into force in the near future.

22 Aug 2012- - Matrix of Regulations Entering into Force under the Principal IMO Conventions-

• This August 2012 updated matrix identifies and summarizes international regulations to be complied with for the next eight years with the compliance date for new and existing ships according to ship type, size and age.

21 Aug 2012- - ILO Maritime Labour Convention (MLC) of 2006 to Enter Into Force in August 2013-

• On 20 August 2012, the International Labour Organization (ILO) announced that the ILO MLC, 2006 has achieved the required ratifications and will therefore enter into force in 12 months – in August 2013.

15 Aug 2012- - Paris & Tokyo MOUs on Port State Control: CIC on Fire Safety Systems -

• The 43 countries of the Paris and Tokyo Memoranda of Understanding (MOU) on Port State Control (PSC) will conduct a joint Concentrated Inspection Campaign (CIC) from 1 September 2012 through 30 November 2012 to check on compliance with fire protection, fire detection and fire extinction requirements of SOLAS Chapter II-2. During regular PSC inspections the fire safety arrangements, maintenance records and other applicable documentation will be verified for compliance with SOLAS Chapter II-2. Port State Control Officers will use a list of 12 selected items to check various aspects of the shipboard fire safety systems, some of which are related to documentation, equipment and crew familiarization. To read the joint 1 June 2012 press release and the CIC checklist click here.

13 Aug 2012- - USCG Ballast Water Regulations: Biofouling & Sediment Management Procedures -

• For advice on fulfilling United States Coast Guard (USCG) requirements for shipboard biofouling and sediment management procedures (in 33 CFR 151.2050(g)(3)).

19 Jul 2012- - Transport Canada Interim Measures for Vessel Air Emission -

• Transport Canada (TC) issued Ship Safety Bulletin 03/2012 addressing interim measures with respect to the North American Emission Control Areas (ECA) requirements which become enforceable on 1 August 2012 and other matters. The TC Bulletin advises that until required national regulations are published, if a vessel is found in Canadian waters of the North American ECA after 1 August 2012 to have fuel on board with sulfur content greater than 1 percent, Marine Safety Inspectors may verbally advise the master of the pending air emissions standards and the fact that they will soon be enforceable.

12 Jul 2012- - CARB Fuel Regulation Notice-

• CARB has issued a marine notice advising that, as of 1 August 2012, oceangoing vessels are required to use low sulfur marine distillate fuels (marine gas oil at or below 1.0 percent sulfur or marine diesel oil at or below 0.5 percent sulfur) in their main and auxiliary engines and boilers when operating within 24 nm of the California coast. These requirements are in addition to the low sulfur fuel requirements of the North American Emission Control Area (ECA) which will be enforced from 1 August 2012.

09 Jul 2012- - North American ECA to enter into force 1 August 2012-

• The North American Emission Control Area (ECA) under MARPOL Annex VI will become enforceable on 1 August 2012. Beginning on that day, the sulfur content of the fuel oil used on board ships operating within the ECA may not exceed 1.00 percent m/m (10,000 ppm).

02 Jul 2012- - Draft Harmonized Common Structural Rules Released by IACS-

• The International Association of Classification Societies (IACS) issued a press release announcing the release of the draft IACS Harmonized Common Structural Rules (CSR) on the IACS website and inviting the industry to offer comments on all parts of the draft Rules prior to year-end 2012

20 Jun 2012- - California State Lands Commission Biofouling Regulations-

• The California State Lands Commission issued a notice of changes to proposed amendments of its regulations for the management of biofouling for vessels operating in California waters. The Commission will accept written comments on the proposed changes until 26 June 2012. More information can be found on the California State Lands Commission website.

20 Jun 2012- - USCG Acceptance of Foreign Type-Approved Ballast Water Treatment Systems -

• The United States Coast Guard (USCG) has published a Policy Letter entitled "Obtaining an Alternate Management System Determination for a Foreign Type-Approved Ballast Water Management System."

25 May 2012- MSC- 90 Brief-

• This brief highlights actions taken at IMO’s Maritime Safety Committee’s (MSC) 90th session which met from 16 to 25 May. A full report of the session will be included in the next ABS International Regulatory News Update.

23 May 2012- MEPC- Regulatory News Update-

• A Regulatory News Update on the IMO Marine Environment Protection Committee's 63rd (MEPC 63) session held from 27 February to 2 March 2012.

20 Mar 2012- - USCG Radiotelephone Distress Watchkeeping Notice -

• The US Coast Guard (USCG) advises mariners that due to the aging Coast Guard Medium Frequency radio infrastructure, calls to the USCG on the international radiotelephone distress frequency 2182 kHz may not be reliably received by the USCG. Areas where maritime broadcasts on 2670 kHz are being received satisfactorily by mariners should not be affected. Similarly, mariners using high frequency (HF) radiotelephones equipped with digital selective calling (DSC) capable of operating on the 4, 6, 8, 12 and 16 MHz distress frequencies should not be affected.

16 Mar 2012- - USCG Issues Ballast Water Treatment Standard -

• The USCG announced its final rule on ballast water management establishing a standard for the allowable concentration of living organisms in ballast water discharged from ships in waters of the US as well as the approval process for ballast water management systems. The ballast water discharge standard is reportedly consistent with that in the International Convention for the Control and Management of Ships' Ballast Water and Sediments, adopted by the IMO in 2004 (which has not yet entered into force). The final rule is scheduled for publication on 23 March in the US Federal Register and will become effective 90 days thereafter. Additional information and a public inspection copy of the final rule are available on the USCG's website.

12 Mar 2012- - California SLC Proposes Amendments to State Ballast Water Regulations -

• The California State Lands Commission (SLC) has issued proposed amendments to the Performance Standards and Assessment Protocols for the Discharge of Ballast Water for Vessels Operating in California Waters which include amendments to the ballast water sampling port requirements and establish protocols to assess vessel compliance with the performance standards for the discharge of ballast water. A public hearing will be held on the proposed amendments on 17 April in Long Beach and written comments may be submitted to the Commission up to 17 April.

02 Mar 2012- MEPC- 63 Brief-

• ABS briefing on several noteworthy actions taken at the IMO Marine Environment Protection Committee's (MEPC) 63rd session held from 27 February to 2 March 2012.

01 Mar 2012- - Unitor Ballast Water Treatment System Withdrawn from the Market -

• Wilhelmsen Technical Solutions issued a press release advising that as a result of evaluation following a comprehensive performance verification program for the Unitor Ballast Water Treatment System (Unitor BWTS), the company decided to withdraw the current design of the system from the market.

29 Feb 2012- - No Discharge Zone along Entire Coast of California Effective 28 March 2012 -

• The US Environmental Protection Agency (EPA) final rule prohibiting the discharge of all sewage (treated or not) into California marine waters from i) all large passenger vessels of 300 gross tons or greater, and ii) all large oceangoing vessels of 300 gross tons or greater with a holding tank which has not fully used the holding tank’s capacity, or which contains more than de minimis amounts of sewage generated while the vessel was outside of the marine waters of the State of California will come into effect on 28 March 2012.

27 Feb 2012- - New York State Advocates Uniform US National Ballast Water Standard-

• The New York State Department of Environmental Conservation (NYSDEC) issued a press release stating that it will work with other states to pursue a uniform national ballast water standard that will leave in place the EPA's current standards in New York for the remainder of the EPA's current Vessel General Permit through December 2013.

13 Feb 2012- - US EPA Approves No Discharge Zone along Entire Coast of California -

• The US EPA announced approval of a proposal by the state of California prohibiting the discharge of all sewage from large cruise ships and most other large oceangoing ships in state marine waters and surrounding islands.

06 Jan 2012- - California State Lands Commission Biofouling Regulations-

• The California State Lands Commission issued a notice of changes to proposed amendments of its regulations for the management of biofouling for vessels operating in California waters. The Commission will accept written comments on the proposed changes until 28 January 2012.

03 Jan 2012- - US EPA Vessel General Permit One Time Report-

• The US Environmental Protection Agency (EPA) has issued a reminder to owners and operators of vessels that received Vessel General Permit (VGP) coverage on or before 19 September 2009 that the submission of the required one time report is due on 6 February 2012. The EPA is strongly encouraging that the one time reports be submitted to the EPA electronically to ensure that they are processed in a timely fashion.

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