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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
