US News - BIMCO Bulletin

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ECONOMY | RegUlatoRY neWS November 2017 Latest news from the US USCG issues type approval for the fourth and fifth ballast water treatment systems The US Coast Guard (USCG) issued its fourth US type approval certificate to Sunrui Marine Environment Engineering Co., Ltd. This system uses a three-step process (filtration, electrolysis and neutralisation) to meet the performance standards found in the US regulations and the IMO Convention. Shipowners are urged to contact the manufacturer to obtain a copy of the type approval certificate which contains all limitations applicable to this system. Of interest is the fact that the USCG issued an updated certificate clarifying certain provisions relating to installations in hazardous areas. Non-US flag ships must meet the requirements of their flag administration. The US flag ships must meet the requirements of 46 CFR 111.105, which, from a Chamber of Shipping of Americas (CSA) perspective, makes it difficult, if not impossible to install such a system on a US flag ship. This is due to materials/design/construction provisions found in the above referenced regulation. Shipowners are urged to contact the manufacturer to obtain a copy of the type approval certificate which contains all limitations applicable In mid-August, the USCG issued the fifth type approval to Echochlor, Inc. The system utilises filtration and chemical injection for ballast water treatment (BWT). The US type approval is issued for flow rates from 500 to 16,200 cubic meters per hour. The Erma First BWT system is also listed as review pending which means the testing package is complete, has been received by the Coast Guard and is pending a decision re: issuance of US type approval. California State Lands Commission (CSLC) final regulations on biofouling CSLC has now publicised its final regulations on biofouling management, ie, Article 4.8 Biofouling Management Regulations to Minimize the Transport of Non-indigenous Species from Vessels Arriving at California Ports. Members operating vessels in California waters may wish to note some of the following key provisions: 1. Effective 1 October 2017 Repealed: Previous reporting requirements for the Hull Husbandry Reporting Form, the Ballast Water Treatment Supplemental Reporting Form and the Ballast Water Treatment Annual Reporting Form are repealed. New: A new consolidated report, Marine Invasive Species Program Annual Reporting Form is adopted. Vessels arriving on/after 1 October 2017 which have previously called in a California port and completed the requisite reports (which are now repealed) need not file the new consolidated report for 2017. Vessels which call in a California port on/after 1 October 2017 and have not previously called in a California port in 2017, must file the new consolidated report. 2. Effective 1 January (USCG) 2018 onwards Submission of new consolidated report: ALL vessels calling in a California port must submit the new consolidated report at least 24 hours prior to arrival for its first California port call in that calendar year. The completed report must be sent to CSLC by email: bwform@slc.ca.gov or fax: 562.499.6444 or by mail: CSLC, Marine Environmental Protection Division, 200 Oceangate, Suite 900, Long Beach, CA 90802. After drydocking or new delivery: Effective after an existing vessels first regularly scheduled out-ofwater maintenance (ie drydock) after 1 January 2018 or for new vessels on delivery on/after 1 January 2018 the following requirements must be met: 1. development and maintenance of a Biofouling Management Plan (Section 2298.3) 2. development and maintenance of a Biofouling Record Book (Section 2298.4) 3. implementation of mandatory biofouling management of the vessels wetted surfaces (Section 2298.6) 4. implementation of mandatory biofouling management for vessels that undergo an extended residency period (ie remain in the same location for 45 or more days) (Section 2298.7). For details of the above key provisions, please go to the CSLC website. The link to regulations and supporting documents may be found in the posted document Letter on the Approval of Biofouling Management Regulations. New ECDIS standards install/deadline issues In June 2017, BIMCO informed members of the new Electronic Chart Display and Information System (ECDIS) standards, where the deadline for installation was 31 August 2017. The USCG has stated that there is no requirement to re-submit an ECDIS for type-approval if a new standard is released during the period of validity, as long as the update does not fall under the provisions stated on the type-approval letter. The USCG released a Marine Safety Information Bulletin (MSIB) on 25 August regarding the ECDIS upgrade. In this MSIB, members should note that there is guidance for US flagged vessels on International voyages, not in ECDIS compliance. It is also noted that foreign vessels entering the US may be checked for the ECDIS upgrade to IHO (International Hydrographic Organization) standards by USCG port state control. Internationally and domestically, documentation from the manufacturer with specific information such as the following, will be extremely important if your ship is non-compliant: why the upgrade is not complete and when it will be complete sufficient up-to-date paper charts and navigation with them. Customs Trade Partnership Against Terrorism (C-TPAT) re-authorisation The C-TPAT re-authorisation will result in further benefits for participating members such as shorter waiting times and fewer inspections at ports BIMCO members who participate in the C-TPAT arrangement should be aware that the scheme is being re-authorised in the US Customs and Border Protection (CBP) work with C-TPAT applicants and participants in protecting the supply chain, identifying security gaps and implementation of certain security measures and best practices. This re-authorisation will result in further benefits for participating members such as shorter waiting times and fewer inspections at ports. 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