USCG provides new FAQs regarding SOLAS amendments to container weight requirements. Beginning July 1, 2016, all packed shipping containers must be accompanied by a shipping document that lists the verified gross mass of a container before it can be loaded onto ships operated by flag states that are party to SOLAS. The document must be signed either electronically or in hard copy and can be part of the shipping instructions to the shipping company or a separate communication.
The mandate, from the International Maritime Organization under the SOLAS convention, comes after misdeclared weights contributed to maritime incidents, such as the breakup and subsequent beaching of cargo vessels.
FAQs
How do SOLAS requirements apply to U.S. domestic shippers?
The USCG’s flag state and port state authorities only extend to U.S. and foreign-flagged ships. The USCG has no authority over domestic shippers. Domestic shippers may be impacted by SOLAS requirements because their domestic and international business partners, who run ships, interpret their obligation to meet SOLAS requirements.
In the case of the SOLAS Regulation VI-2 amendments regarding container weight, some carriers have determined they need to change their operational or business practices to meet the requirements of their flag states (foreign and domestic.) As such, domestic shippers may be called upon to change their business practices with these international partners in the global supply chain can comply. This is a business-to-business requirement. For the U.S., the USCG believes that carriers currently comply with SOLAS, and are therefore not requiring domestic shippers to make changes in existing practices.
How will the USCG enforce the SOLAS VI-2 amendments?
As the flag state authority, the USCG ensures compliance with SOLAS Reg. VI-2 aboard U.S. flag ships via domestic regulations. These existing regulations address ship strength, stability and other issues that ensure safe operation. There is also operational guidance provided to the ship’s master, as required by the company’s safety management system. This will not change when the amendments come into effect. U.S. flag ships are and will remain in compliance.
As a port state authority, the USCG will continue to ensure SOLAS compliance aboard foreign-flagged ships via port state control examinations. They will not change with the implementation of the July 1 amendments.
The USCG regularly conducts inspections of containers offered for both export and import. Our inspections are mainly focused mostly on the safe transportation of hazardous materials. They are conducted under statutory authority granted by Congress and in accordance with regulations promulgated in the Code of Federal Regulations. These regulations do not include the SOLAS requirements, and our container inspections under U.S. authority will not change as a result of the amendments.
How can the USCG help domestic shippers and carriers to continue complying with SOLAS?
The USCG will continue working with shippers and carriers to ensure their long-standing compliance with SOLAS regulations. These FAQs intend to help all stakeholders better understand SOLAS and amendments to its regulations. The USCG encourages business partners who export U.S. goods to modify existing business practices, if required, so that ships carrying U.S. exports can continue to comply with SOLAS requirements. We do not intend to issue policy guidance to industry on the implementation of the amendments, unless there is a demonstrated need to ensure SOLAS compliance. As explained, no policy guidance has been needed by U.S.-flagged ship operators.
The IMO published MSC.1/Circ 1475, titled “Guidelines Regarding The Verified Gross Mass Of A Containers Carrying Cargo”. It provides additional clarification to Regulation VI-2 (as amended) and describes some compliance strategies. These non-mandatory guidelines have formed the basis of whitepapers and other publications issued by carriers to help their shippers prepare for the amendments. It is important to note that these guidelines are not mandatory under SOLAS, and carriers are not required to meet non-mandatory SOLAS guidelines. The regulation itself provides great flexibility in how compliance can be achieve by carriers who are working with their business partners. There is no “one-size-fits-all” requirement.
What is the impact of SOLAS requirements on Jones Act shipping?
A ship that is strictly engaged in Jones Act (domestic) trade is not impacted by SOLAS because SOLAS applies only to ships engaged in international trade. This means that a Jones Act ship that also engages in international trade is required to comply with SOLAS.
I heard that the IMO Guidelines are not mandatory? Is that true?
Yes, that is true, but it is important to distinguish between a SOLAS regulation and an IMO guideline. The SOLAS regulation is mandatory for vessels to which SOLAS applies. The IMO guidelines are not mandatory.
In this case, the IMO’s “Guidelines Regarding The Verified Gross Mass Of A Containers Carrying Cargo,” are not mandatory SOLAS requirements. IMO frequently publishes non-mandatory guidelines to assist compliance with mandatory SOLAS requirements. These guidelines are always non-mandatory; they provide recommendations for compliance, and do not preclude other approaches to compliance. All mandatory SOLAS requirements must be in the text of the regulation, not in supplemental guidelines.
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Source: USCG Blog