U.S. RESPONSE TO APEC QUESTIONNAIRE

Institutional Arrangements

APEC economies regulate and administer maritime safety using different agencies and organizational structures. To gain a better understanding of agencies responsible for administering maritime safety, please answer the following questions.

1. List, or describe the agencies responsible for the administration and regulation of the following maritime safety activities.

Administration of safety regulations
United States Coast Guard (Department of Transportation)

Vessel manning services
United States Coast Guard (Department of Transportation)

Vessel classification
American Bureau of Shipping (Class Society)

Vessel survey
United States Coast Guard (Department of Transportation)
American Bureau of Shipping (Class Society)

Port State control inspections
United States Coast Guard (Department of Transportation)

Flag State inspections
United States Coast Guard (Department of Transportation)

Vessels registration
United States Coast Guard (Department of Transportation)

Marine search and rescue
United States Coast Guard (Department of Transportation)

Provision of oil spill response
United States Coast Guard (Department of Transportation)

Provision and maintenance of navigational aids
United States Coast Guard (Department of Transportation)

Investigation and reporting of maritime accidents
United States Coast Guard (Department of Transportation)
National Transportation Safety Board

Representation at the International Maritime Organisation/ILO
United States Coast Guard (Department of Transportation)
Leads U.S. delegations to the Assembly, the MSC, the MEPC,
            the Legal Committee, the Facilitation Committee, and
            the nine Subcommittees (by appointment of the Department of State)
Department of State
Leads the U.S. delegations to the Council and the Technical Cooperation Committee.

Implementing of International Maritime Conventions/ILO
United States Coast Guard (Department of Transportation)

Pilotage
United States Coast Guard (Department of Transportation) licenses pilots
Federal and State Pilot Associations

Salvage
United States Coast Guard (Department of Transportation)
Regulatory power over salvage operations as the Federal On Scene Commander in
            emergency operations, but has no regulatory power over vessels
            and personnel involved in salvage.
Private Industry

2. Briefly describe the regulatory, administrative and legislative powers of the bodies listed above. (We should include an example).

The United States Coast Guard is an agency within the Federal Government’s Department of Transportation and is responsible for marine safety, environmental protection and response, licensing merchant mariners, search and rescue, law enforcement, maintaining aids to navigation, and port security. The U.S. Coast Guard is also a military service. The legislative authority is contained in Title 14, 33, and 46 United States Code.

The American Bureau of Shipping is the American Classification Society.

The National Transportation Safety Board (NTSB) is an independent government agency who investigates all major transportation incidents including maritime casualties. The NTSB has no regulatory power and can only recommend action to the regulatory agencies (i.e., the Department of Transportation).

3. Are these bodies funded by the central government, by commercial operations or by industry taxes, charge or levies? Please specify.

U.S. Coast Guard and NTSB are funded by the central government.

The Coast Guard does charge industry user fees for some services. The revenues collected are not directed to the agency, however, but are deposited in the federal treasury. User fees are charged for:

• Vessel Inspection
• Merchant Marine Licenses and documents
• Documentation of vessel ownership

U.S. Coast Guard Search and Rescue operations are not funded by any charges, fees or levies.

4. Do any of these organisations maintain a database of maritime safety problems arising in your jurisdiction?

The U.S. Coast Guard maintains the Marine Safety Information System (MSIS) which tracks:

Port State/Flag State, Facilities, Offshore Platforms, Marine Casualties, and Pollution (this system is not available to the public)

The U.S. Coast Guard also keeps the Merchant Mariner Licensing and Documentation (MMLD) database.

The U.S. Coast Guard maintains a Port State Control detention database.

The U.S. Coast Guard maintains a Search and Rescue Management Information System (SARMIS) that records all SAR cases with accompanying information, such as lives saved, property loss prevented, location of the incident, USCG units involved, and so on.

5. Is non-membership in various UN Organizations (e.g. ILO/IMO) problematic for your economy in achieving solutions to maritime safety issues?

Not Applicable. The United States is a member.

Current Maritime Safety Program

6. Does your economy have any cooperative agreements, or Memorandum of Understanding with any other economies or countries concerning activity in the areas of maritime safety listed below? Please nominate the countries involved and the name of the agreement. For example, the Tokyo MOU for Port State Control.

Port State Control
Observer Status on Paris, Tokyo, and Vina del Mar MOUs
Information exchange with Canada on PSC.

Oil spill response
Canada/US Joint Marine Pollution Contingency Plan.

Agreement of Cooperation between the US and the United Mexican States regarding Pollution of the Marine Environment by Discharges of Hydrocarbons and other Hazardous Substances.

US and Russia Federation Joint Contingency Plan Against Pollution in the Bering and Chukchi Seas.

Agreement between the US and Bermuda Concerning Assistance to be Rendered on a Reimbursable basis by the USCG.

Marine Pollution Control Project of the US/France Cooperative Agreement on Oceanography.

MOU between Maritime Safety Agency of Japan and the USCG on Oil Pollution Preparedness and Response.

Convention for the Protection and Development of the Marine Environment of the Wider Carribean Region.

Convention for the Protection of the Natural Resources and Environment of the South Pacific Region.

Training of seafarers
No.

Accident Investigation
No.

Vessel survey
No.

Vessel classification
No.

Navigational aids
MOU between 9^th District USCG and Canada.
Agreement with Canada and Russia on LORAN.

Marine search and rescue
Gray Agreement for Search and Rescue Inside Bahamian Territorial Sea (Bahamas).

USCG/USAF/CF/CCG MOU on Search and Rescue (Canada).

Maritime Search and Rescue Agreement (Dominican Republic).

Exchange of Notes for Search and Rescue Flight Entry (Honduras).

Maritime Search and Rescue Agreement (Indonesia).

Maritime Search and Rescue Agreement (Japan).

Search and Rescue Agreement (Republic of the Marshall Islands).

Maritime Search and Rescue Agreement (Mexico).

Maritime Search and Rescue Agreement (Federated States of Micronesia).

USCG/DOS/ Gov’t of Panama MOA concerning use of USCG Personnel for Technical Assistance, Advice and Training to the Panamanian National Maritime Service. (Panama).

Maritime Search and Rescue Cooperation Agreement (People’s Republic of China).

Maritime Search and Rescue Agreement (Russia).

7. Is your economy currently giving effect to one or more marine conventions for the first time? Please list the conventions.

The United States will give effect to amendments to existing Conventions (specifically, STCW 95 and ISM Code).

8. Outline Maritime conventions to be implemented in 1998.

The United States will implement amendments to existing Conventions specifically, STCW 95 and ISM Code – SOLAS Chapter IX) in 1998.

9. Outline Maritime programs related to safety to be implemented in 1998.

Port State Control initiatives related to compliance with STCW 95 and ISM Code (SOLAS Chapter IX) requirements.

Flag State inspection initiatives to ensure domestic vessel compliance with STCW 95 and ISM Code requirements.

CFVS Examiner Course and MODU Inspector Course.

Legislative Issues

10. In formulating or amending national laws or regulations to IMO or ILO standards, what are the most significant impediments encountered, for example:

    X    time taken to develop or amend appropriate laws

• creating legislative framework to give effect to new regulations
• translation to national language
• communicating changes to industry
• contravenes national maritime policy (Note: X indicates significant)
• availability to technical skills, knowledge or training

    X    other reasons, please specify

Complex regulatory development process requiring us to:

• ensure extensive public involvement through public meetings and comment periods;
• assess the benefits and costs of regulations;
• minimize the regulatory burdens on small businesses;
• minimize paperwork and other information collection requirements;
• assess the impact of regulations on the environment; and
• assess the impact of regulations on State governments.

11. In operating or enforcing maritime safety regulations what are the most significant impediments encountered?

• administration

X inadequate resources

• technology

X appropriate expertise

• no appropriate legislative framework
• other reasons, please specify

Commercial Issues

12. Does your economy have an established forum for liaison and communication with the maritime industry about maritime safety practices?

The United States Coast Guard supports 10 federal advisory committees:

• CFIVAC - Commercial Fishing Industry Advisory Committee
• CTAC - Chemical Transportation Advisory Committee
• HOGANSAC - Houston/Galveston Navigation Safety Advisory Committee
• LMRWSAC - Lower Mississippi River Waterway Safety Advisory Committee
• MERPAC - Merchant Marine Personnel Advisory Committee
• NAVSAC - Navigation Safety Advisory Committee
• NBSAC - National Boating Safety Advisory Committee
• NOSAC - National Offshore Safety Advisory Committee
• TSAC - Towing Safety Advisory Committee
• HMAC - Hazardous Material Advisory Committee

The U.S. Coast Guard also has partnerships with American Waterways Operators, BIMCO, INTERTANKO, International Council of Cruise Lines (ICCL), American Petroleum Institute (API) and the Passenger Vessel Association (PVA), Spill Control Association of America (SCAA).

13. Is marine insurance readily available through a national organisation or can it only be obtained from a foreign underwriter?

Marine Insurance, i.e. coverage to satisfy the vessel financial responsibility requirements of OPA ’90, is available through U.S. based insurers, surety companies, and financial guarantors. The majority of ocean going vessels, however, utilize foreign (mostly Bermuda based) insurers for this purpose.

Maritime Safety Issues

14. What are the most significant safety problems related to Institutional Economic and Legal Factors faced by your economy? (List in order of priority)

1. Government/regulatory regime unable to change quickly to meet emergent needs/ accommodate trends.

2. Most governmental IRM Systems are legacy databases that have not yet transitioned to enable risk management.

15. Are the problem(s) currently being addressed by Safety agency, national government, maritime program or international forum?

Yes, but because the national political process is short-term in budget outlook,
long-term changes are very slow in implementation.

16. What are the impediments to solving the problem(s) (e.g. inadequate national law, regulation, technology, or availability of appropriate expertise, training).

1. Technology adoption is slower to be accepted by government than by private sector.

2. IRM Deficiencies.

Experts Group Work Program

17. What action/project/work could be undertaken by the Experts Group which would contribute to solving the problems you have identified?

Standardized taxonomy for classifying casualties, their causes, and the recommendations for risk reduction. Standardizing taxonomy and database structure/format would greatly facilitate international/national decision-making, data sharing, and maritime risk management.

WHAT ARE THE MAJOR MARITIME SAFETY ISSUES AFFECTING YOUR ECONOMY?

1. CREWS

Remarks:

The implementation of STCW-95 with its attendant requirements for additional training and additional certification of mariners has added burdens on the maritime community. These include the additional costs involved with training as well as the time commitment required. A new entrant into the maritime labor field can no longer be immediately assigned to a vessel because basic safety training is now required. Also, a mariner seeking an upgrade of his or her existing credential will now be required to meet additional training or qualifications. This has occurred at a time of full employment when intermittent shortages of mariners are occurring and industry is seeking mariners and may exacerbate the situation. Maritime industry, maritime labor, and the Coast Guard are still coming to grips with all of the implications of the STCW-95 to meet the full implementation date of
1 February 2002.

2. NAVIGATION

Remarks:

New technology is marked High Priority because of the potential economic benefits and the significant level of government effort required for standards setting or infrastructure development. Compliance with conventions/standards is High Priority because of the known consequences of both government failure to enforce existing standards adequately (i.e., flag state implementation) and commercial vessel operator failure to comply with established standards. Hydrographic issues are marked High Priority because of the need for new surveys to meet the navigational needs of larger vessels and the need to produce the high quality electronic chart databases required to exploit ECDIS.

Aids to navigation is marked Medium because this issue requires a significant level of effort but is being adequately addressed. COLREGS enforcement is marked Low due to high compliance and low level of enforcement effort required.

3. CARGOES

Remarks:

4. CONSTRUCTION

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5. RADIO

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6. EQUIPMENT APPROVALS

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7. INSPECTIONS (Convention Ships)

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8. INSPECTIONS (Domestic Ships)

Remarks:

There is an initial rise in cost to develop and implement procedures with the ISM Code. This investment should yield cost savings in the long term.

9. PORT STATE CONTROL

Remarks:

10. TYPES OF INSPECTIONS

Remarks:

Passenger vessels need to be included in this section. For US: Y and M.

11. POLLUTION PREVENTION & RESPONSE

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12. ENVIRONMENTAL CONTROL

Remarks:

Ballast Water Exchange (i.e., Aquatic Nuisance Species Control) is an increasingly important environmental issue in the United States. Consequently, the U.S. is actively engaged in drafting domestic regulations for ballast water management, while the U.S. IMO delegation is actively involved in drafting an international protocol covering ballast water management.

INF issues are considered moderately important to the United States. U.S. IMO delegations have been fully involved in several matters relating to the INF Code with particular emphasis on the issue of prior notification and consultation with coastal states for ships carrying INF Code materials.

Air Pollution control is an environmental issue of particularly high importance to the United States. The U.S. has several domestic air pollution control initiatives ongoing, including those relating to the control of particulate matter, ground level ozone, and "greenhouse gas" emissions. Internationally, the U.S. IMO delegation played a critical role in the drafting of MARPOL Annex VI (Prevention of Air pollution from Ships) in 1997 and continues to be fully engaged in IMO efforts to monitor and mitigate air pollutant emissions caused by shipping.

13. SEARCH AND RESCUE

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14. CASUALTY INVESTIGATIONS

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15. FACILITATION

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16. COMMENTS / OTHER ISSUES

This page was last updated on 12 March, 2008