Maritime Reporter, March 1997

<BODY> <div> LEGISLATIVE UPDATE the introduction of alternative certifica- tion, enabling crews to gain training and certification for functions in different ship- board disciplines rather than being con- fined to one branch such as the engine room or deck. One of the most important amendments concerns the role of IMO itself in imple- menting standards. Parties to the Convention will have to submit informa- tion to IMO concerning administrative measures taken to ensure compliance, education and training courses, certifica- tion procedures and other factors. The STCW Code generally supports the regu- lations of the Convention itself. For more information, contact IMO at tel: +44 171 463 4040. DOT Publishes Final Ruling On 33 CFR Part 157 On Jan. 10, the Department of Transportation (DOT) published its final ruling on the Structural Measure to Reduce Oil Spills From Existing Tank Vessels Without Double Hulls, 33 CFR Part 157, in the Federal Register. The final rule represents the last phase in the U.S. Coast Guard's three-phased effort to establish economically and tech- nologically feasible structural and opera- tional measures to reduce the threat of oil spills from tank vessels without double hulls, as required by OPA 90. No struc- tural measures are contained in this final rule because it was determined that there are no interim structural measures that are both technologically and economically feasible for existing tank vessels without double hulls. The final rule became effec- tive on Feb. 10. For further information, contact LCDR Suzanne Englebert, pro- ject manager, Project Development Division, at tel: (202) 267-6490. IACS Council Announces New Bulk Carrier Standards In late December, the International Association of Classification Societies (IACS) held its final council meeting for 1996, during which discussions were held regarding new strength standards for bulk carriers, the heightened concern over the slow rate of ISM compliance and continu- ing IACS cooperation with port state con- trol measures. Although there has been a reduction in bulk carrier losses since 1993 when IACS introduced its Enhanced Survey Programme (ESP), the association has been working closely with IMO in order to consider additional measures. The new measures are based on IACS' belief that March, 1997 the most important element in avoiding structural loss is the preservation of the integrity of ships' hulls and the hatchcovers forming watertight barriers. IACS has decided to require, as a condition of classification, that the bulkhead between cargo holds No. 1 and 2 and the double bottom structure in that area comply with new standards. They will apply to all single side skin bulk carriers of 492.1 ft. (150 m) in length or more intended for carrying cargo with a bulk density of one ton per cu. m. or greater, or ships of 15 years of age or greater. On the ISM Code front, IACS announced that its new data- base shows that ship certifica- tions for SMCs and company certifications for DOCs equal less than five percent of the vol- ume to be certified by July 1998. The IACS Council has urged shipowners and flag administra- tions to accelerate their work towards certification. Additionally, for the first time, IACS officials met with the European Commission Directorate for Marine Safety (DGVII) and exchanged views on matters of mutual interest and concern. Both DGVII and IACS are determined to ensure continuing cooperation on the implementation of the Council Directive on Recognized Organizations and also on Port State Control. For more information on IACS, contact James Bell, permanent secretary, tel: +44 171 976 0660. U.S. Court Shoots Down Intertanko Suit The following is an excerpt of text issued by U.S. District Judge John C. Coughenour in his decision regarding the legal- ity of Washington state's oil spill prevention statutes and regula- tions. Intertanko was the plain- tiff in this case, which was brought against the state, cer- tain state officials and four county prosecutors, claiming that certain regulations pertain- ing to the operation of oil tankers in state waters were unconstitutional. The court concludes that the Washington oil spill prevention statutes and regulations are con- stitutionally valid. These statutes and regulations are not preempted by federal law, do not violate the Commerce Clause of the Foreign Affairs Clause of the Constitution, and are not improper extraterritorial restric- tions. Rather, the oil spill pre- vention laws legitimately protect Washington's delicate and valu- able marine resources through the exercise of the state's police powers. Therefore, the motions for summary judgment filed by defendants and intervenors are granted and the motion for sum- mary judgment filed by Intertanko is denied. This action is hereby dismissed and the Clerk of the Court is directed to enter judgment acccordingly. So ordered this 18th day of November, 1996. John C. Coughenour United States District Judge Lowest Cost Marker Tags for the Maritime Industry More limited editions and original oil paintings available. 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