the colour of life saving appliances, including lifeboats (under agenda item 13)

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1 Lloyd's Register briefing IMO MSC 89 Full report for clients Overview The 89 th session of the IMO Maritime Safety Committee (MSC) was held from 11th to 20th May 2011, at the IMO headquarters in London, the United Kingdom. This briefing is to provide a summary of discussions that are of relevance to Lloyd s Register and its clients. For the summary of the various instruments (amendments to conventions, approval of circulars etc), please refer to Annex 1 of this report. Major issues discussed were: lifeboat release and retrieval systems (under agenda item 3) piracy and maritime security issues (under agenda item 4 and 18) conclusion of generic GBS (Goal Based Standard) guidelines (under agenda item 5) bulk carrier related matters (list of cargoes that qualify for exemption of the fixed gas fire-extinguishers and liquefaction of cargo) (under agenda item 7) application of coating requirements to the wing spaces of ore carriers and combination carriers (under agenda item 8) passenger ship stability - introducing a mandatory requirement for either onboard stability computers or shorebased support for passenger ships which have to comply with the safe return to port requirements (under agenda item 9) the colour of life saving appliances, including lifeboats (under agenda item 13) progress on the Formal Safety Assessment (under agenda item 16) Please note that a list of instruments adopted at MSC 89 that are relevant to Lloyd s Register is given in Annex 17 and a list of useful links is given in Annex 18 to this document. Consideration and adoption of amendments to mandatory instruments (agenda item 3) MSC 89 adopted the following: amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (Amendment 01-11); This will affect operations and constructions of ships carrying solid bulk cargoes. amendments to part B of the International Code on Intact Stability, 2008 (2008 IS Code); This is the non-mandatory part of the code, the amendments remove detailed MODU (Mobile Offshore Drilling Unit) intact stability requirements and replace them with a reference to the relevant MODU Code. a set of instruments concern safety of lifeboat release gear as follows: (Please also refer to Lloyd s Registers guidance on this topic available on the website ( o o o amendments to SOLAS regulation III/1 amendments to the LSA Code MSC Resolution on Amendments to the Revised recommendation on testing of life-saving appliances; (Overview)

2 o o MSC Circular on Guidelines for evaluation and replacement of lifeboat release and retrieval systems MSC Circular on Early application of new SOLAS regulation III/1.5 Corrections to SOLAS 1974 and 1988 certificates. For details, please refer to Annex 1 to this document. Measures to enhance maritime security (agenda item 4) The following primary points were discussed: The IMO user guide for SOLAS chapter XI-2 and the ISPS Code was approved. The purpose of this guide is to consolidate existing IMO maritime security-related instruments into an easily read companion guide to SOLAS chapter XI-2 and the ISPS Code. Introduction of mandatory survey of Ship Security Alert System (SSAS) was discussed, as members shared concerns over a number of failures of the alert signal transmission. However, MSC 89 agreed that proper implementation of testing required by the ISPS Code A/19.1 should address the problem, thus no further measures would be needed. For details, please refer to Annex 2 to this document. Goal-based new ship construction standards (agenda item 5) The amendments to SOLAS to make goal-based new ship construction standards (GBS) mandatory for oil tankers and bulk carriers were concluded at MSC 87. Work continued at MSC 89 on the overall framework for GBS development, verification, implementation and monitoring, which could eventually be applied to regulations governing other ship types and ship parts other than the hull. MSC 89 approved an MSC Circular on Generic guidelines for developing IMO goal-based standards. These guidelines include the monitoring and verification process for rules and regulations developed in accordance with GBS. It was confirmed that the principle of GBS is to develop rules for rules rather than directly rules for ships. There is still some uncertainty over the future development at IMO and the potential wider application of GBS, so there was support for IMO to develop a long-term plan for GBS at a future session of MSC. This is expected to include, as a high-priority item, further development of the safety level approach (SLA) for developing rules and regulations, as an alternative to a prescriptive approach. For details, please refer to Annex 3 to this document LRIT-related matters (agenda item 6) MSC 89 reviewed the operational status and shore side arrangements of Long Range Identification and Tracking (LRIT). Primary focus was on the sustainability of the system and system operation on shore. Part of the discussion was data distribution to the joint naval forces deployed off the Somali coast on anti-piracy missions. For details, please refer to Annex 4 to this document. Dangerous goods, solid cargoes and containers (agenda item 7) The following instruments were approved by MSC 89: MSC Circular on Lists of solid bulk cargoes for which a fixed gas fire-extinguishing system may be exempted, or for which a fixed gas fire-extinguishing system is ineffective; and MSC Circular on Recommendations on the safe use of pesticides in ships applicable to the fumigation of cargo holds. Please note that: (Overview)

3 Assembly Resolution on the Code of Safe Practice for Ships Carrying Timber Deck Cargoes, 2011 (2011 TDC Code) was agreed in general. However, MSC 89 instructed DSC 16 (September 2011) to review the documents submitted to MSC 89 on the further refinement of the draft code prior to the final adoption by the Assembly (scheduled for November 2011), including possible problems with compatibility with Timber requirements in the Load Line Convention. Assembly Resolution on Adoption of the Revised Recommendations for entering enclosed spaces aboard ships was discussed under agenda item 11. In addition, MSC 89 addressed the following issues: Establishment of a permanent intersessional Editorial and Technical Group for the review of the IMSBC Code The IMSBC Code came into force on1 January In order facilitate preparation of future amendments to the code, which is expected to enter into force every two years, MSC 89 agreed to establish an Editorial and Technical Group (E & T Group) which will be held twice in an even year (i.e., 2012, ) prior to the final conclusion of the amendments to the code.. This means, that there will be no working group on the review of the IMSBC Code during future sessions of the DSC Sub-Committee. The final decision will be made by a future session of the IMO s Council as this proposal has a budget implication. Measures to improve safe transportation of solid bulk cargoes Accidents resulted in loss of life, primarily caused by liquefaction of cargo during voyages were addressed with concerns. The matter will be further discussed by DSC 16 (September 2011). For details, please refer to Annex 5 to this document. Ship design and equipment (agenda item 8) MSC 89 reviewed for approval the outcome of DE 54 (October 2010) and DE 55 (March 2011). It should be noted that, as DE 55 was held close to the MSC 89 meeting, only urgent matters were discussed at MSC 89. Non-urgent matters will be considered at MSC 90 (May 2012). The list of instruments approved/adopted at MSC 89 that are relevant to Lloyd s Register and its clients is given in Annex 17 to this document. Particular attention is to be paid to the following items: Draft amendment to SOLAS III/ to introduce a new sub-paragraph 4 regarding operational test of free-fall lifeboats The testing of free-fall lifeboats can pose safety risks to those carrying out the test. This amendment will permit simulated launching in place of an actual launch for free-fall lifeboats during all drills. Additional matter brought directly to MSC 89 In addition, MSC 89 addressed the application of SOLAS regulation II-1/3-2 to ore carriers and combination carriers. This was directly brought to the attention of MSC 89. In the course of the discussion, it was confirmed that SOLAS regulation II-1/3-2 applies to wing spaces of ore carriers and combination carriers, even if they are not used as ballast tanks. Please note that matters concerning lifeboat release gear were discussed under agenda item 3 For details, please refer to Annex 6 to this document. Stability and Load Lines and Fishing Vessels safety (agenda item 9) From the discussions at MSC 89, particular attention should be paid to the following item: (Overview)

4 Draft amendments to SOLAS regulation II-1/8-1 to introduce a mandatory requirement for either onboard stability computers or shore-based support Background: This amendment to SOLAS requires passenger ships with three or more main vertical fire zones or of 120 metres in length or more to have either an onboard computer capable of calculating damage stability after a flooding incident, or to have access to a facility on shore which can provide this information. Summary: This amendment will require applicable ships to be provided with either an on board stability computer or shore based support in accordance with the guidelines which have been developed. Implication: Owners/managers: will need to ensure that the necessary computer functionality is provided. Where this is onboard they will need to ensure that adequate training is provided to the crew to ensure familiarity with the system. Builders: will need to ensure that suitable provision is made. Manufacturers: will need to be aware of the need for software which can calculate damage stability for any given damage (not pre-defined damages). Flag Administrations/Recognized Organizations: will need to ensure that the necessary stability information is available on board the affected ships. There will be a need to ensure that access to the necessary calculations is provided and confirmed at annual survey. The approval of the stability element will become more complex and may require more time. Consideration should be given to the method of approval of shore based systems and whether approval of the support provided is required. Application: to passenger ships with a length of 120 m or more or having three or more main vertical fire zones constructed on or after 1 January (Note: Date will be concluded at MSC 90 scheduled in May 2012 at the final adoption) For details, please refer to Annex 7 to this document. Training and watchkeeping (agenda item 10) MSC 89 reviewed the outcome of STW 42. There was also discussion on the most appropriate forum to discuss Human Element related issues, i.e., whether this will be done at a joint working group at MSC/MEPC level or at a working group in the STW Sub-Committee. After lengthy discussion, MSC 89 agreed to transfer the work on Human Element from the Joint Working Group on Human Element held by MSC and MEPC, to the STW Sub-Committee, subject to the concurrence of MEPC. There was also discussion on the clarification of transitional provision given in the 2010 amendment to the STCW Convention. Two STCW Circulars addressing the issue were approved. For details, please refer to Annex 8 to this document. Bulk liquids and gases (agenda item 11) MSC 89 reviewed the outcome of BLG 15 and particular attention is to be paid to the following items: Draft Assembly Resolution on Revised Recommendations for entering enclosed spaces aboard ships DSC 15 completed its work on the draft new recommendation to replace IMO s Recommendations for entering enclosed spaces aboard ships as well as the related notes for the draft assembly Resolution. The BLG Sub-Committee was tasked to develop separate guidelines for the entry into tanks using Nitrogen as an inerting media. As a result, the proposed draft s consequential modifications to these recommendations give a brief explanation of the dangers of Nitrogen to human health when it is present in a tank. The reader is directed to the separate guidelines on tank entry using Nitrogen as an inerting medium (see below). (Overview)

5 MSC Circular on Guidelines on tank entry for tankers using Nitrogen as an inerting medium The guidelines on tank entry using Nitrogen as an inerting medium were developed which give specific procedures and minimum precautions to be followed when persons enter a tank that has contained Nitrogen, in order to reduce the risk of asphyxiation. This new guidance also includes the format of a tank entry permit for use when entering tanks that have contained Nitrogen. It is intended that this guidance is used in conjunction with the revised recommendations for entering enclosed spaces aboard ships. Ships which use Nitrogen as an inerting medium and ships where Nitrogen may be present in tanks should review their tank entry procedures to take account of this new guidance. Draft amendments to SOLAS chapter VI, regarding the prohibition of the blending of bulk liquid cargoes during the sea voyage, with a view to subsequent adoption at MSC 90 (May 2012) BLG at previous sessions has considered the issue of blending bio fuels onboard and concluded that blending onboard can be permitted only when a ship is in port and is not to be carried out on a sea voyage. This view was agreed by MSC 86 and subsequently endorsed by MEPC 59. BLG 15 finalised a draft amendment to SOLAS chapter VI. A new regulation, SOLAS/VI-5.2 will ban the blending of bulk liquid cargoes during a sea voyage. The new regulation will not prohibit the master from undertaking cargo transfers to secure the safety of the ship or protect the marine environment or the blending of products for use in the search and exploitation of sea-bed mineral resources. For details, please refer to Annex 9 to this document. Flag State implementation (agenda item 12) The following instruments were approved: Draft Assembly Resolution - Survey Guidelines under the Harmonized System of Survey and Certification, 2011 (revoking A.997(25) and A.1020(26)); Draft Assembly Resolution on Revised Procedure for Port State Control; and MSC Circular - Safety of pilot transfer arrangement. In addition, there were discussions on the draft IMO Instruments Implementation Code (IIIC Code) and the draft Code for Recognized Organizations (RO Code) which are still under development by the FSI Sub-Committee. For details, please refer to Annex 10 to this document. Radiocommunications and search and rescue (agenda item 13) MSC 89 agreed the decision of the COMSAR Sub-Committee that the existing IACS interpretation provided sufficient clarification and required the use of adequate colours to ensure optimal visual sighting of lifeboats in the context of the LSA Code and therefore the proposed amendment was not necessary. The IACS interpretation on LSA Code paragraph be of international or vivid reddish orange, or a comparably highly visible colour on all parts where this will assist detection at sea is Highly visible colour only includes colours of strong chromatic content, e.g., pure achromatic colours such as white and all shades of grey shall not be accepted as comparable colours. For details, please refer to Annex 11 to this document. (Overview)

6 Formal safety assessment (agenda item 16) MSC 89 considered several risk control options (RCOs) which were identified by the formal safety assessment (FSA) on general cargo ship safety which was carried out by IACS. These RCOs were grouped by cost-effectiveness and mainly cover operational issues, but some are equipment-related. MSC 89 decided that the RCOs were not yet specifically defined enough to be sent for consideration by sub-committees, and therefore decided to revisit them at a future session. MSC 89 considered some revisions to the Guidelines for FSA and to the Guidance on the use of the human element analysis process (HEAP) and FSA in the IMO rule-making process. The revision included clarification and unification of some of the terminology and methods of presenting FSA reports to ensure that the findings can be used by both FSA experts and non-experts. The revisions were not finalised at MSC 89, so a correspondence group was established to prepare draft amendments ready for MSC 90. See also agenda item 17 below. For details, please refer to Annex 12 to this document. General cargo ship safety (agenda item 17) This item is linked with agenda item 16 on formal safety assessment (FSA). An FSA Experts Group which took place in the two days immediately before MSC 89 reviewed studies including an FSA carried out by IACS on general cargo ship safety. In general, MSC 89, having reviewed the outcome of the Experts Group, confirmed that the IACS FSA study followed the methodology established by IMO. MSC will further address the risk control options given in the study at a future session. See also agenda item 16 above. Piracy and armed robbery against ships (agenda item 18) In recent years, the primary focus has been on pirates off the Somali coast, up to the Eastern Indian Ocean. The violence has escalated to an intolerable degree. IMO has been making various efforts, such as liaising with other UN bodies, including Headquarters in New York, and working on the establishment of a regional agreement to tackle piracy. Governments are also making efforts such as the deployment of joint naval forces. Industry has also been making its own efforts, such as publishing Best Management Practices (BMP), through which various actions have been co-ordinated between ships (shipowners) and authorities (including joint naval forces). The primary focus at MSC 89 is the use of private armed guards. Although this has many legal implications for both the shipowner and the Flag State, some owners have already been taking this option for their own reassurance and under the incentive of an insurance premium reduction. There are more than 100 companies offering this service but they are not regulated. IMO is developing guidance for owners for the employment of such guards. Another issue on piracy is difficulties of prosecution, even for pirates who are arrested. Proper collection of evidence and preservation of crime scene was urged. In addition, member governments were concerned that some shipowners/managers are not properly following industry s BMP. The importance of notifications/reporting stipulated in the BMP was stressed. The following are the primary outcomes from MSC 89. MSC Circular on Interim Guidance to shipowners, ship operators and shipmasters on the use of privately contracted armed security personnel onboard ship in the High Risk Area; MSC Circular on Interim Recommendations for Flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area; MSC Circular on Guidelines to assist the investigation of crimes of piracy and armed robbery against ships; and MSC Resolution on Implementation of Best Management Practice Guidance. For details, please refer to Annex 13 to this document. (Overview)

7 Implementation of instruments and related matters (agenda item 19) The following item was addressed: application of SOLAS regulation II-2/19 (previous 54) to ships built between 1984 and 2002 (MSC 89/19/2 (IACS)). For details, please refer to Annex 14 to this document. Work programme (agenda item 22) The various new work programmes (planned output for period) were approved. MSC 90 (May 2012) will be an 8 days session, however, MSC 91 (Nov 2012) will be a 5 days session. Discussions on LRIT will be transferred to the COMSAR Sub-Committee, and Human Element will be transferred to the STW Sub-Committee. Both items will be kept in the agenda of MSC. For details, please refer to Annex 15 to this document. Any other business (agenda item 24) Various items were discussed under this agenda item including: transferring person at sea; and operating anomalies of ECDIS. For details, please refer to Annex 16 to this document. Advice for clients Please refer to annexes for respective details. Among other high profile issues, with regard to matters relating on-load release and retrieval mechanism (hooks), although entry into force date is still 3 years ahead, an immediate attention will be required. For details of this issue, and other discussion introduced the above, please refer to annexes to this document. Applicability In general discussions as explained the above will be applicable to ships subject to the SOLAS Convention, i.e., passenger ships of all size and 500 gt or above for ships other than passenger ships. For details, please refer to annexes to this document. Please note that, unless specifically mentioned, the requirements will be applicable to ships engaged on international voyages only. What is Lloyd s Register doing? Lloyd s Register actively undertakes statutory survey and certification on behalf of Flag Administrations. Please refer to the annexes to this document for details. (Overview)

8 Lloyd's Register briefing IMO MSC 89 Annex 1 - Consideration and adoption of amendments to mandatory instruments (agenda item 3) Overview The following amendments to mandatory instruments were adopted by MSC 89: Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (Amendment 01-11) - entry into force on 1 January (Please note that voluntary entry into force date is 1 January 2012); Amendments to part B of the International Code on Intact Stability, 2008 (2008 IS Code) - entry into force on 19 May 2011 (on the day of adoption - as this is the non-mandatory part of the code); A set of instruments concerning safety of lifeboat Release and Retrieval Systems (RRS), i.e. o o o o o amendments to SOLAS regulation III/1 amendments to the LSA Code MSC Resolution on Amendments to the Revised recommendation on testing of life-saving appliances (resolution MSC.81(70)), as amended MSC Circular on Guidelines for evaluation and replacement of lifeboat release and retrieval systems MSC Circular on Early application of new SOLAS regulation III/1.5 The legal entry into force date was set up as 1 January 2013, but various threshold dates were set out as given as follows: o Application to ships constructed (having their keel laid) on or after 1 July 2014 o Compliance deadline for existing ship - first scheduled dry-docking after 1 July 2014 but not later than 1 July 2019 o Reporting deadline for the evaluation of existing on-load release and retrieval systems (RRS) - by 1 July 2013 In summary, MSC 89 agreed that for ships constructed (having their keel laid) on or after 1 July 2014, new on-load RRS are to comply with the amended LSA Code chapter IV requirements. At the same time, Administrations are encourage to initiate the approval processes for new on-load RRS which comply with the amended LSA Code, to enable the fitting of these mechanisms before 1 July Existing on-load RRS used onboard ships will have to undergo an exhaustive evaluation process consisting of assessment by the manufacturer and design review by the Flag Administration/Recognized Organization, performance tests of the on-load RRS and onboard verification (for all RRS) by the first dry-docking scheduled on or after 1 July 2014 but not later than 1 July An explanation of each instrument mentioned above is given in the appendix to this annex. Lloyd s Register has released detailed guidance for owners summarising this new requirements ( Corrections to SOLAS 1974 and 1988 certificates. MSC 89 noted corrections needed for some certificates which are basically of editorial nature. Corrections were undertaken by means of a Note Verbale (a legal procedure for correcting a simple error in the text of an international convention). (Annex 1 - Consideration and adoption of amendments to mandatory instruments (agenda item 3))

9 Background Under this agenda item, final adoption of the approved text was dealt with. It should be noted that, while the IMSBC Code is a mandatory instrument, survey and certification of the Code is not mandatory. Further, the part of the 2008 IS Code which was adopted at MSC 89 (Part B) is not mandatory. Adoption of a set of instruments on lifeboat release and retrieval systems (RRS) was discussed at MSC 87 (May 2010), following the approval of the draft SOLAS and LSA Code amendments at MSC 86 (May 2009). However, MSC 87 failed to reach an agreement and the task was given to DE 55 (October 2010), following the meeting by the intersessional working group held in the week prior to DE 55. Discussion While adoption of amendments to the IMSBC Code and the 2008 IS Code was concluded without any debate, there were some discussions on RRS. Primary points are given as follows: Further work Some members considered further work on RRS was necessary to address vibration testing and secondary safety device, i.e., safety pin. It was agreed that the DE Sub-Committee would continue to work on the future improvement under agenda item Development of a new framework of requirements for life-saving appliances. Dates Following the clarification sought on the application date on the safety package on RRS, the dates indicated under overview above was agreed. It should be noted that these clarifications are given in the MSC Circular on Early application of new SOLAS regulation III/1.5 Conflicts of reports MSC 89 noted that there is a possibility that, while one flag Administration reports IMO about the compliance of a RSS with the new requirement, another flag Administration might reports non-compliance on the same RSS. MSC 89 instructed the DE and FSI Sub-Committees to further investigate this potential problem. Advice for all clients Please note the details in the appendix Applicability Please note the details in the appendix What is Lloyd s Register doing? Noting the complexity of the lifeboat RRS issue, detailed guidance for clients has been released ( (Annex 1 - Consideration and adoption of amendments to mandatory instruments (agenda item 3))

10 Appendix Amendment to the IMSBC Code Background: The new IMSBC Code lays down requirements for ships wishing to carry cargoes listed in the Code. Since requirements for cargoes are amended and new cargoes are add, it is known that the Code will need regular updating. Accordingly, the IMO has designed and implemented a system whereby the DSC Sub-Committee decides and recommends changes on a rolling two year basis. Summary: The IMSBC Code is enacted by Resolution MSC.268(85). It is intended to be reviewed and amended on a rolling two year basis by actions taken at the DSC Sub-Committee. The latest amendments (Amendment 01-11) include such major items as: clarifying the roles and responsibilities for the cargo, especially by replacing the words competent authority with Administration (in general this indicates whether it is a permanent requirement that might be built into the ship, and hence is covered by the Administration during build or modification, or if the requirement is more temporary in nature and may be done by the competent authority ); identifying cargoes where a ship s fixed gas fire-extinguishing system may be ineffective, and how to act accordingly; further identifying cargoes which may self heat, deplete the atmosphere of oxygen, cake or other negative effect; identifying cargoes where bunkering of fuel oil or pumping of fuel oil in adjacent spaces is not allowed; major new entry for Distillers dried grains with soluble which basically describes it as reasonably benign Fly ash is now split into dry fly ash with the same requirements as previously, and wet fly ash which has hazards that it may liquefy; new entry for Granular Ferrous Sulphate, with several operational requirements; and identifying many cargoes which are liable to cake and especially form overhangs during discharge. Implications: Builder/Designer: Shipyards need to follow the IMSBC Code for cargoes for which the ship is designed to carry. They need to be aware of this amendment at an early stage. There are no actual major modifications or new designs proposed by this amendment except for the requirement for the ability to apply copious amounts of water for cargoes where the fixed gas fire-extinguishing system may be ineffective, and it is assumed this will be accepted by some arrangement from the fire main. Manufacturer: This amendment does not include significant changes to manufacturers, except for the potential for more measuring and detection equipment on a temporary basis and possibly to provide equipment to assist in the provision of copious amounts of water for some cargoes where the fixed gas fire-extinguishing system may be ineffective. Shipowners/manager: Shipowners and managers are to note the following: For cargoes where it has been identified that the fixed gas fire-extinguishing system may be ineffective, new arrangements, albeit temporary, may have to be fitted such as extra fire hoses. Extra caution will be needed for cargoes which may cake. New cargoes which may self heat or deplete the atmosphere of oxygen. The identification of the Administration being responsible for certain elements may assist in ascertaining that it is expected to be a permanent feature or one fitted at build or modification. Issues with bunkering or moving fuel oil adjacent to certain new cargoes. (Annex 1 - Consideration and adoption of amendments to mandatory instruments (agenda item 3))

11 New cargo listings for: Distillers dried grains with soluble, wet fly ash (may liquefy), Ferrous Sulphate Heptahydrate, granular Ferrous Sulphate, and Magnesium Sulphate fertilisers. Flag Administration/Recognized Organization: Most cargoes have certain requirements and thus it is principally a question of checking the latest version of the Code to see which requirement is applicable for that particular cargo. In the limited instances of unusual requirements, the familiarisation needed to comply is minimal. Application: All ships carrying solid bulk cargoes regardless of ship type or date of construction from: 1 January 2012 on voluntary basis 1 January 2013 on mandatory basis. Amendment to the International Code on Intact Stability, 2008 (2008 IS Code) Summary: MSC 87 approved the draft MSC resolution on the amendment to part B of the 2008 IS Code, with a view to adoption at MSC 88, to update the stability criteria applicable to MODUs in the 2008 IS Code. Due to unforeseen circumstances adoption was deferred until MSC 89. Changes to part B of the 2008 IS Code were prepared to take into consideration the introduction of the 2009 MODU Code. The current text has been amended to state where the intact stability requirements for MODUs can be found depending on the date of build. MODUs constructed on or after 1 January 2012, should apply chapter 3 of the 2009 MODU Code, adopted by Resolution A.1023(26). MODUs constructed before 1 January 2012, but on or after 1 May 1991, should apply chapter 3 of the 1989 MODU Code, adopted by Resolution A.649(16). MODUs constructed before 1 May 1991, should apply chapter 3 of Resolution A.414(XI). Implications: There are no changes to the intact stability requirements. The existing section 2.6 (detailed intact criteria for MODUs) is replaced by a new one which instead refers to the relevant MODU Code for intact criteria. This resolution is an amendment to part B (recommendatory part) of the 2008 IS Code, however, the Governments concerned are recommended to use this revised Code as a basis for relevant safety standards, unless their national stability requirements provide at least an equivalent degree of safety. Application: The above changes in the 2008 IS Code are applicable from 19 May Amendment to SOLAS III/1.5 to introduce a Requirement to replace non-compliant lifeboat on-load release mechanisms Background: This amendment introduces the requirement to confirm that lifeboat on-load release mechanisms comply with the amended LSA Code or are replaced. Summary: A new subparagraph is added to SOLAS regulation III/1 which requires compliance with the LSA Code not later than the first scheduled dry-docking after 1 July 2014, but no later than 1 July 2019 (for existing ships) and for new ships having their keel laid on or after 1 July Implications: Owners will have to ensure that existing on-load RRS are evaluated and replaced, if necessary, at the first scheduled drydocking after 1 July 2014 and no later than 1 July Flag Administrations/Recognized Organizations: will have to carry out design reviews of existing on-load RRS assessed by manufacturers and ensure replacement as necessary. Administrations are encouraged to initiate the approval processes for new on-load RRS which comply with the amended LSA Code, to enable the fitting of these mechanisms before 1 July Application: To all lifeboat release and retrieval systems on all ships (new and existing). (Annex 1 - Consideration and adoption of amendments to mandatory instruments (agenda item 3))

12 Amendments to the LSA Code chapter IV, Survival Craft Background: These amendments introduce the requirements for on-load release and retrieval systems. Summary: Requirements cover: Wear and misalignment tolerance for individual components to be identified; Cam locked for rotation up to 45 degrees; The weight of the lifeboat does not cause any force to be transmitted to the operating mechanism; The locking devices shall be designed so that they cannot turn to open due to forces from the hook load; Hydrostatic interlock or similar device to be provided along with overriding capability; If a hydrostatic interlock is provided, it shall automatically reset upon lifting the boat from the water; Multiple, deliberate and sustained action or actions by the operator for on-load release; All components of the hook unit, release handle unit, control cables or mechanical operating links and the fixed structural connections in a lifeboat shall be of material corrosion resistant in the marine environment without the need for coatings or galvanizing; Built for life i.e. wear tolerance is within the expected wear in the lifecycle span; Mechanical operating links such as control cables shall be waterproof and shall have no exposed or unprotected areas; Factor of safety introduced for the design of hydrostatic interlock and operating cables. Implications: Manufacturers: will need to ensure designs comply with the requirements. Redesign may be necessary as a result. Application: to survival craft covered by chapter IV of the LSA Code. MSC circular on Guidelines for the evaluation and replacement of lifeboat release and retrieval systems Background: The guidelines provide guidance on how new and existing lifeboat release and retrieval systems should be evaluated for compliance with new SOLAS regulation III/1.5. Summary: There is a complex procedure to be followed which requires a design review, a performance test, reporting of the results, a one-time follow-up overhaul examination and a procedure for the replacement of non-compliant lifeboat release and retrieval systems. Until a system has been confirmed as meeting the requirements then a fall prevention device would be needed. Implications: Manufactures: will need to review and test their lifeboat release and retrieval systems. Owners: will need to identify the different systems installed on their ships. They will also have to consider the provision of fall prevention devices. Builders: may wish to consider only using equipment which has been assessed as meeting the requirements to avoid later replacement. Application: to existing lifeboat release and retrieval systems MSC resolution on Amendments to the Revised recommendation on testing of life-saving appliances Background The Revised recommendation on testing of life-saving appliances (MSC.81(70)) was amended in order to reflect the developments made to the Guidelines for evaluation and replacement of existing lifeboat release and retrieval system. The test requirements included in the guidelines were harmonised with the existing text in MSC 81(70), in order that new lifeboat release and retrieval systems are tested to the same standard as existing lifeboat mechanisms; these being a more stringent evaluation. Summary: MSC.81(70) Prototype test for life saving appliance (Part 1), paragraphs 6.93 to 6.95 of the release mechanism test for davit launched lifeboats were amended. The amendments will bring consistency when testing to demonstrate compliance with LSA Code irrespective of new or existing lifeboat release mechanism. (Annex 1 - Consideration and adoption of amendments to mandatory instruments (agenda item 3))

13 Implication: Manufacturers: to use the revised resolution when testing life-saving appliances as required by the LSA Code. Flag Administrations/Recognized Organizations: same as manufacturers Application: to all lifeboat release and retrieval systems. MSC circular on Early application of new SOLAS regulation III/1.5 Background: This circular encourages Flag Administrations to take the action necessary to start the evaluation of existing lifeboat release and retrieval systems as soon as possible. Summary: It is considered that evaluation of existing lifeboat release and retrieval systems should start as soon as possible and not wait until just before the implementation date. Implication: Manufacturers: are encouraged to start the process of design review for existing lifeboat release and retrieval systems as soon as possible to reduce the number of accidents with accidental early release. Flag Administrations / Recognized Organizations: should develop procedures and train staff in the assessments required so that they are prepared when asked to confirm designs. Application: To all existing lifeboat release and retrieval systems. Corrections to SOLAS 1974 and 1988 certificates The following corrections were undertaken by means of a Note Verbale, a method for making editorial corrects to finalised text: MSC.171(79) - title of certificate Record of Equipment for the Cargo Ship Safety Certificate (Form C) MSC.216(82) - Passenger Ship Safety Certificate and Cargo Ship Safety Construction Certificate - items on date of build and others. Return to overall summary at start of document. (Annex 1 - Consideration and adoption of amendments to mandatory instruments (agenda item 3))

14 Lloyd's Register briefing IMO MSC 89 Annex 2 - Measures to enhance maritime security (agenda item 4) Overview The following were the primary points of discussion that are relevant to the work of Lloyd s Register. The IMO user guide for SOLAS Chapter XI-2 and the ISPS Code was approved. The purpose of this guide is to consolidate existing IMO maritime security-related instruments into an easily read companion guide to SOLAS chapter XI-2 and the ISPS Code. Introduction of mandatory survey of Ship Security Alert System (SSAS) was discussed, as members shared concerns over a number of failures of the alert signal transmission. However, MSC 89 agreed that proper implementation of testing required by the ISPS Code A/19.1 should address the problem, thus no further measures would be needed. Background Maritime security addressed under this agenda item primarily addresses maritime terrorism and the ISPS Code. Piracy is addressed under agenda item 18. Discussion ISPS manual The purpose of the IMO user guide for SOLAS Chapter XI-2 and the ISPS Code is to consolidate existing IMO maritime security-related instruments into an easily read companion guide to SOLAS chapter XI-2 and the ISPS Code, i.e., not creating another instrument. With some minor modification of terminology, such as clarification of initial and interim audit under ISPS Code, MSC 89 finalised the text. Ship Security Alert System (SSAS) MSC 89, shares concerns over the reported malfunction of the SSAS. Initial discussion at the plenary was general agreement on the introduction of a mandatory survey regime. However, many delegations expressed concerns on the mandatory employment of a radio technician. After in depth discussion at the Working Group on Security and Piracy, MSC 89 concluded as introduced above overview, i.e., not to introduce any additional measures in addition to existing testing requirements given in the ISPS Code. Advice for shipowners/managers To note the above discussions in the future arrangements of the audits (verification) required by the ISPS Code. Maritime Security Manual may be utilized for companies future review of the Ship Security Plan. Advice for Flag Administrations/Recognized Security Organizations Administrations should provide necessary instructions to its auditor on Ship Security Alert System mandatory survey scheme. Applicability The above discussion will be applicable to ships subject to the ISPS Code (Passenger ships of all sizes and other ships of 500 gt or above. (Annex 2 - Measures to enhance maritime security (agenda item 4))

15 What is Lloyd s Register doing? Lloyd s Register is acting as Recognized Security Organization (RSO) acting on behalf of flag Administrations for the audit and certification of ships. Return to overall summary at start of document. (Annex 2 - Measures to enhance maritime security (agenda item 4))

16 Lloyd's Register briefing IMO MSC 89 Annex 3 - Goal-based new ship construction standards (agenda item 5) Overview The amendments to SOLAS to make goal-based new ship construction standards (GBS) mandatory for oil tankers and bulk carriers were concluded at MSC 87. Work continued at MSC 89 on the overall framework for GBS development, verification, implementation and monitoring, which could eventually be applied to regulations governing other ship types and ship parts other than the hull. MSC 89 concluded Generic guidelines for developing IMO goal-based standards. These guidelines include the monitoring and verification process for rules and regulations developed in accordance with GBS. It was confirmed that the principle of GBS is to develop rules for rules rather than directly rules for ships. There is still some uncertainty over the future development at IMO and the potential wider application of GBS, so there was support for IMO to develop a longterm plan for GBS at a future session of MSC. This is expected to include, as a high-priority item, further development of the safety level approach (SLA) for developing rules and regulations, as an alternative to a prescriptive approach. Background GBS has been under discussion at IMO since The principle is that IMO will develop and set initial high-level standards for the safety and environmental performance of ships. A greater degree of innovation in design is then made possible for ships to meet these goals while being designed to remain safe for their economic life. The first application of GBS is to the new construction of oil tankers and bulk carriers. The SOLAS amendments required for this were adopted at MSC 87 and will enter into force on 1 July For a fuller description of the background and concept of GBS, see the appendix to this annex. Discussion IMO s ongoing work on GBS continued at MSC 89, in particular on the overall framework for GBS development, verification and implementation, which could eventually be applied to regulations governing other ship types and ship parts other than the hull. There was a GBS working group, joint with Formal Safety Assessment (FSA). MSC 89 finalised and approved the MSC Circular on Generic guidelines for developing IMO goal-based standards. These guidelines include the monitoring and verification process, and they confirm that the principle of GBS at IMO remains the development of rules for rules and not rules for ships in terms of the direct application of GBS. The safety level approach (SLA) is proposed in contrast to the prescriptive approach as a method of assuring the safety to be achieved by a new regulation. There was no conclusive discussion of the details and merits of the SLA, but it was agreed that this topic should be revisited as a high priority part of IMO s ongoing work plan for GBS. This is likely to include consideration of the availability and usefulness of accident or incident data, which can be interrogated to identify safety and reliability levels. IMO s own database is the Global Integrated Shipping Information System (GISIS). As robust and comprehensive data is a critical aspect of both the SLA and FSA studies, discussion of the role of GISIS or other data sources will be an important topic. MSC 89 decided that there is no current compelling need to apply GBS to another ship type or to parts of the ship other than the hull structure. However, these expanded applications of GBS have not been ruled out for the future work of IMO. Indeed, references to design and construction of ships were removed from the Generic guidelines for developing IMO goal-based standards in recognition that their eventual application will potentially be to the full scope of regulations developed by IMO. (Annex 3 - Goal-based new ship construction standards (agenda item 5))

17 As a consequence of the discussions about future developments of GBS, there was general support for IMO to develop a long-term plan to specify and guide the future evolution of GBS as a work item. This would give greater clarity about the intentions and timescales which can be expected for future GBS activity and applications. Advice for owners/managers and designers/builders There is no immediate impact from the outcome of the discussions at MSC 89. Currently there is no intention for IMO to apply GBS to ship types other than bulk carriers and oil tankers. Designers, builders, owners and managers of bulk carriers and oil tankers may wish to monitor the progress in relation to the requirements for ships to be contracted from 1 July However it should be noted that the developments at IMO will not directly produce new requirements for ship construction. Instead they will affect the development of classification rules and the assurance process of classification within the overall framework for regulating ships. Advice for Flag Administrations/Recognized Organizations To note the discussions, especially in relation to the monitoring and verification processes which are incorporated into the GBS framework. In addition, Flag Administrations may wish to note that the IMO Secretary-General repeated his call for more potential GBS auditors to be proposed by Administrations. Applicability The current focus of GBS and the previously agreed SOLAS amendments apply to oil tankers of 150m in length and above and to bulk carriers of 150 m in length and above, constructed with single deck, top-side tanks and hopper side tanks in cargo spaces, excluding ore carriers and combination carriers, which are contracted from 1 July What is Lloyd's Register doing? Lloyd s Register is closely monitoring the ongoing discussions, especially in relation to the impact of GBS on developing, applying and assessing against classification rules. Lloyd s Register considers that a holistic and coordinated approach to the overall development of regulations should be encouraged. Lloyd s Register is taking an active role in the IACS work to produce a harmonised set of common structural rules for oil tankers and bulk carriers, in preparation for the first implementation of GBS. For more information about this, please contact your local Lloyd's Register office. (Annex 3 - Goal-based new ship construction standards (agenda item 5))

18 Appendix Goal-based standards at IMO There are three essential and related elements to IMO s overall efforts in developing goal-based standards (GBS): the GBS for the new construction of oil tankers and bulk carriers; the safety level approach; and the development of generic GBS guidelines. The generic GBS guidelines link the first two elements, as well as other initiatives which may be undertaken, by providing a unifying framework to ensure a similar structure and consistent approach. Generic guidelines for developing goal based standards were approved at MSC 89 and they address: the process, method and criteria needed to verify compliance; the process for monitoring the effectiveness of any GBS; further refinement of the generic framework; and any definitions or terminology which is found to be needed. The current focus of IMO s work is oil tanker and bulk carrier new construction GBS, but the intention is that GBS as an approach will be applied to every aspect of design and construction of new ships. Another current example is seen in the work of the DE Sub-Committee on the Development of a new framework of requirements for life-saving appliances which has been started with a goal-based approach. There was only a brief discussion on this at DE 55 (March 2011) but further discussion is planned and submission of papers has been encouraged for DE 56 (February 2012). GBS for new construction of oil tankers and bulk carriers The adoption of Resolution MSC.290(87) introduced new SOLAS regulation II-1/3-10, which requires that bulk carriers and oil tankers satisfy the applicable structural requirements of a Recognized Organization, or national standards of an Administration, which conform to the functional requirements of the GBS for these ship types. This resolution will enter into force on 1 January 2012, and apply to oil tankers of 150 m in length and above and to bulk carriers of 150 m in length and above, constructed with single deck, top-side tanks and hopper side tanks in cargo spaces, excluding ore carriers and combination carriers: for which the building contract is placed on or after 1 July 2016; in the absence of a building contract, the keels of which are laid or which are at a similar stage of construction on or after 1 July 2017; or the delivery of which is on or after 1 July Accordingly, members of the International Association of Classification Societies (IACS), including Lloyd s Register, are working together to produce a single set of common structural rules which meet the requirements of GBS. These rules will cover both ship types together, hence they are known as the harmonised common structural rules. Development of these rules is currently underway and opportunities for industry consultation are scheduled in the work plan. Safety level approach In order to implement GBS, it is necessary to have a method of assessing how effective rules and regulations are at enabling an appropriate level of safety to be achieved. There are two principal methods for this verification: a prescriptive (or deterministic) approach, or a safety level (or risk-based) approach. Comparing the relative merits of these two approaches and defining the final approach which is to be applied remains as a future work item for IMO in relation to GBS. IMO s guidelines for developing goal-based standards Generic guidelines for developing goal-based standards were drafted in an early form at MSC 84 and a finalised version was approved at MSC 89. These state that: (Annex 3 - Goal-based new ship construction standards (agenda item 5))

19 Goal-based standards (GBS) are high-level standards and procedures that are to be met through regulations, rules and standards for ships. GBS are comprised of at least one goal, functional requirement(s) associated with that goal, and verification of conformity that rules/regulations meet the functional requirements including goals. A goal-based standards framework consists of goal-based standards and the associated detailed requirements of rules and regulations for ships. As basic principles, it is proposed that IMO GBS are: 1. broad, over-arching safety, environmental and/or security standards that ships are required to meet during their lifecycle; 2. the required level to be achieved by the requirements applied by classification societies and other Recognized Organizations, Administrations and IMO; 3. clear, demonstrable, verifiable, long-standing, implementable and achievable, irrespective of ship design and technology; and 4. specific enough in order not to be open to differing interpretations. The GBS framework The GBS framework has a five-tier approach, as follows: Tier I - Goals High-level objectives to be met. Tier II - Functional requirements Criteria to be satisfied in order to conform to the goals. Tier III - Verification of conformity Procedures for verifying that the rules and regulations for ship design and construction conform to the goals and functional requirements. Tier IV - Rules and regulations for ship design and construction Detailed requirements developed by IMO, national Administrations and/or Recognized Organizations and applied by national Administrations and/or Recognized Organizations acting on their behalf to the design and construction of a ship in order to conform to the goals and functional requirements. Tier V - Industry practices and standards Industry standards, codes of practice and safety and quality systems for shipbuilding, ship operation, maintenance, training, manning, etc., which may be incorporated into, or referenced in, the rules and regulations for the design and construction of a ship. Return to overall summary at start of document. (Annex 3 - Goal-based new ship construction standards (agenda item 5))

20 Lloyd's Register briefing IMO MSC 89 Annex 4 - LRIT-related matters (agenda item 6) Overview MSC 89 reviewed the operational status and shore side arrangements of Long Range Identification and Tracking (LRIT). Primary focus was on the sustainability of the system and system operation on shore. Part of the discussion was data distribution to the joint naval forces deployed off the Somali coast on anti-piracy missions. Background Shipboard LRIT equipment is mandatory under SOLAS regulation V/19-1 which entered into force on 31 December Some shore side arrangements are still on an interim basis. Discussions The following discussions are relevant to shipowners and Lloyd s Register in relation to Cargo Ship Safety Equipment, Passenger Ship Safety and Cargo Ship Safety surveys. Type approval of LRIT shipborne equipment MSC 89 noted the information provided by IEC regarding the preparation of a third edition of IEC and other standards intended to assist the type approval of LRIT shipborne equipment. Malfunction of the equipments MSC noted information provided. The matter will be further addressed by the Ad Hoc Working Group on LRIT at the next session scheduled in September Advice for all clients Please note the development in IMO regarding the malfunction of the equipment. Although no specific conclusion was reached, Lloyd s Register will be closely monitor developments and whether there will be any changes to the current survey and certification scheme. Applicability Ships required to have LRIT equipment onboard (300 gt or above). What is Lloyd s Register doing? As a part of Cargo Ship Safety Equipment, Passenger Ship Safety and Cargo Ship Safety surveys, Lloyd s Register examines the record of conformance test done between the ship and the Authorized Service Provider. Return to overall summary at start of document. (Annex 4 - LRIT-related matters (agenda item 6))

21 Lloyd's Register briefing IMO MSC 89 Annex 5 - Dangerous goods, solid cargoes and containers (agenda item 7) Overview MSC 89 reviewed the report of the fifteenth session of the DSC Sub-Committee (Sub-Committee on Dangerous Goods, Solid cargoes and Containers). The following instruments were approved by MSC 89 under this agenda item: MSC Circular on Lists of solid bulk cargoes for which a fixed gas fire-extinguishing system may be exempted, or for which a fixed gas fire-extinguishing system is ineffective; MSC Circular on Recommendations on the safe use of pesticides in ships applicable to the fumigation of cargo holds; Please note that: Assembly Resolution on the Code of Safe Practice for Ships Carrying Timber Deck Cargoes, 2011 (2011 TDC Code) was agreed in general. However, MSC 89 instructed DSC 16 (September 2011) to review the documents submitted to MSC 89 on the further refinement of the draft code prior to the final adoption by the Assembly (scheduled for November 2011), including possible problems with compatibility with Timber requirements in the Load Line Convention. Assembly resolution on Adoption of the Revised Recommendations for entering enclosed spaces aboard ships was discussed under agenda item 11. In addition, MSC 89 addressed the following issues: Establishment of a permanent intersessional Editorial and Technical Group for the review of the IMSBC Code The IMSBC Code came into force on1 January In order facilitate preparation of future amendments to the code, which is expected to enter into force every two years, MSC 89 agreed to establish an Editorial and Technical Group (E & T Group) which will be held twice in an even year (i.e., 2012, ) prior to the final conclusion of the amendments to the code. This means, that there will be no working group on the review of the IMSBC Code during future sessions of the DSC Sub-Committee. The final decision will be made by a future session of the IMO s Council as this proposal has a budget implication. Measures to improve safe transportation of solid bulk cargoes Background Accidents resulted in loss of life, primarily caused by liquefaction of cargo during voyages were addressed with concerns. The matter will be further discussed by DSC 16. DSC 15 was held in September The urgent matters emanating from DSC 15 were considered by MSC 87 which took place in December MSC 89 reviewed the remaining outcomes of the DSC 15 and other documents submitted to MSC 89 under this agenda item. The details of proposed instruments are given in the appendix to this annex. Discussions MSC 89 focused on the safety of carriage of bulk cargoes. (Annex 5 - Dangerous goods, solid cargoes and containers (agenda item 7))

22 The first major issue was the MSC circular on List of solid bulk cargoes for which a fixed gas fire-extinguishing system may be exempted or for which a fixed gas fire-extinguishing system is ineffective. MSC 89, while noting the need for controlling exemption of the fire-extinguishing system for the carriage of cargoes that are not listed in the IMSBC Code, it noted that proposal made to MSC 89 might cause confusion in relation to section 1.3 of the IMSBC Code on Cargoes not listed in this Code. MSC 89 also recognized that final authority for granting exemption was not clear, i.e., the Flag Administration or the local (loading port) competent authority. After a lengthy discussion, an improved text introduced in the appendix to this annex was agreed. Another major issue discussed was liquefaction of the solid bulk cargoes that happed during the sea voyages, a proposal on the following points were basically supported for further discussions at the DSC Sub-Committee: 1. develop and establish an independent cargo sampling, testing and certificating scheme and a control and enforcement scheme by the Administration; 2. develop an operational guidance for seafarers working on board the ships carrying solid bulk cargo that may liquefy, and 3. develop alternative requirements of preventing accidents through ship design. Members expressed opinions stressed importance on above point 1. With regard to item 3 above, members expressed support to a feasibility study, not immediately embarking on the discussion on new design of ships. MSC 89 spent considerable time in the review of the draft Assembly Resolution on the Code of Safe Practice for Ships Carrying Timber Deck Cargoes, 2011 (2011 TDC Code). A diagram inserted in the draft code indicated the securing turnbuckle on top of the cargo, which raised concern over the safety of the person who would tighten up the turnbuckle. Other issues, e.g., use of loop lashing also caused concerns. It was agreed to discuss these issues further at DSC 16. Advice for owners/managers, Flag Administrations The potential for some cargoes to exceed their moisture limit and liquefy due to poor transport, storage and care before (and during) loading onboard a ship is a major safety hazard, as seen by the loss of the Nasco Diamond and others with loss of lives. While the matter will be further addressed by the DSC Sub-Committee, the following should be brought to the attention of the ship master: 1. to be aware that poor storage or transport and exposure to rain and other water can cause the cargo to exceed permissible moisture limits and thus liquefy 2. start communicating with the authorities about reliable test methods moisture content testing, and to have access to simple tests 3. consider providing support to master s action when the declaration by a shipper is in doubt Applicability In general discussions as explained above will be applicable to any ship carrying solid bulk cargoes and timber. For details, please refer to appendix to this annex. What is Lloyd s Register doing? Lloyd s Register actively undertakes statutory survey and certification on behalf of Flag Administrations. With regard to the IMSBC Code, while there is no survey and survey requirements, Lloyd s Register currently carries out this service upon request. (Annex 5 - Dangerous goods, solid cargoes and containers (agenda item 7))

23 Appendix MSC circular on Lists of solid bulk cargoes for which a fixed gas fire-extinguishing system may be exempted or for which a fixed gas fire-extinguishing system is ineffective This consists, in essence, of two tables. The first table is for low fire risk cargoes, the second is for cargoes that may be unaffected by a gas fire-extinguishing system. An example of the second is a cargo that gives off oxygen when it burns and, therefore, a fixed CO 2 system would not be effective and in such a case could be replaced by hoses. It should be noted that, solid bulk cargoes not listed in the IMSBC Code may be entitled for the carriage by the Flag Administration on a ship which does not have a fixed gas fire-extinguishing system if: 1. they have been assessed in accordance with section 1.3 of the IMSBC Code; 2. they do not present hazard of Group B as defined in the IMSBC Code; and 3. a certificate has been provided by the competent authority of the port of loading the master in accordance with of the IMSBC Code. Implications: This will change the fire-extinguishing requirements for various cargoes as per the two tables. Builders, managers and shippers may wish to review the new cargoes which may be exempted or have equivalent arrangements in order to modify the arrangements and apply for exemptions / equivalences as necessary. The new lists should lead to a better and more practical method of fighting fires caused by such cargoes. Application: Ships which carry such cargoes. MSC circular on Recommendations on the safe use of pesticides in ships applicable to the fumigation of cargo holds This advises that fumigant substances may be toxic or flammable and after fumigation such residues may remain in the hold and present a hazard to the crew. Implications: Crew safety - shipowners should ensure that ship s staff are aware of the dangers. Application: Ships which fumigate their cargo holds. Return to overall summary at start of document. (Annex 5 - Dangerous goods, solid cargoes and containers (agenda item 7))

24 Lloyd's Register briefing IMO MSC 89 Annex 6 - Ship design and equipment (agenda item 8) Overview MSC 89 reviewed for approval the outcome of DE 54 (October 2010) and DE 55 (March 2011). It should be noted that, as DE 55 was held close to the MSC 89 meeting, only urgent matters were discussed at MSC 89. Non-urgent matters will be considered at MSC 90 (May 2012). For details, please see the appendix to this annex. 1. Outcome of DE 54 specific output for approval MSC 89 adopted/approved the following: MSC Resolution on Amendments to the Revised recommendation on testing of life-saving appliances; MSC Circular on Unified interpretation of SOLAS regulation III/15.1; MSC Circular on Unified interpretation of SOLAS regulation II-1/29; and Draft MSC-MEPC Circular on Unified interpretations on the application of SOLAS, MARPOL and Load Line requirements to conversions of single-hull oil tankers to double-hull oil tankers or bulk carriers. 2. Outcome of DE 55 specific output for approval/adoption MSC 89 adopted/approved the following under this agenda item: MSC Resolution amending SOLAS III/ to introduce a new sub-paragraph 4 regarding operational test of freefall lifeboats; Draft Assembly Resolution regarding the adoption of the International Code on the enhanced programme of inspections during surveys of bulk carriers and oil tankers 2011 (ESP Code); Draft MSC Resolution amending SOLAS XI-1/2 implementing the ESP Code; and MSC Circular on Guidelines on the procedures for in-service maintenance and repair of coating systems for cargo oil tanks of crude oil tankers. MSC 89 adopted/approved the following under agenda item 3 (please refer to Annex 1 for details): MSC Circular on Guidelines for evaluation and replacement of lifeboat release and retrieval systems; MSC Resolution introducing new paragraph 5 to SOLAS regulation III/1; MSC Circular on Early application of new SOLAS regulation III/1.5, in conjunction with the above-mentioned adopted amendments to SOLAS regulation III/1; Amendments to the International Life-Saving Appliance (LSA) Code; and MSC Resolution on Amendments to the Revised recommendation on testing of life-saving appliances. 3. Additional matter brought directly to MSC 89 In addition, MSC 89 addressed the application of SOLAS regulation II-1/3-2 to ore carriers and combination carriers. This was directly brought to the attention of MSC 89. In the course of the discussion, it was confirmed that SOLAS regulation II- 1/3-2 applies to wing spaces of ore carriers and combination carriers, even if they are not used as ballast tanks. (Annex 6 - Ship design and equipment (agenda item 8))

25 Background The details of the discussion at DE 54 and DE 55 are given in the Lloyd s Register website. ( Discussions MSC 89, in general, agreed with the outcome of the DE Sub-Committee without any discussion, except for the following issues: 1. MSC circular on Unified interpretation of SOLAS regulation II-1/29 While MSC 89 approved the interpretation, a member government expressed its intent to propose a new work programme in relation to this regulation concerning steering gear testing to MSC 90 (May 21012). It should be noted that, although IACS provided a further revision that was made to the original IACS Unified Interpretation (UI SC 94) that was base of the draft MSC Circular, MSC 89 only noted this information. 2. Draft MSC-MEPC Circular on Unified interpretations on the application of SOLAS, MARPOL and Load Line requirements to conversions of single-hull tankers to double-hull tankers or bulk carriers MSC 89 approved the circular prepared by DE 54 with the modification proposed by IACS, i.e., single hull to double hull oil tanker conversions where there is no change in freeboard or in the parameters used to calculate the freeboard would not be considered as a major conversion in the application of Load Line chapter III. 3. MSC Circular on Unified interpretation on the application of SOLAS regulation II-1/3-2 to ore carriers and combination carriers SOLAS regulation II-1/3-2 states as follows in paragraph 2: All dedicated seawater ballast tanks arranged in ships and double-side skin spaces arranged in bulk carriers of 150 m in length and upwards shall be coated during construction in accordance with the Performance standard for protective coatings for dedicated seawater ballast tanks in all types of ships and double-side skin spaces of bulk carriers, adopted by the Maritime Safety Committee by resolution MSC.215(82), as may be amended by the Organization, provided that such amendments are adopted, brought into force and take effect in accordance with the provisions of article VIII of the present Convention concerning the amendment procedures applicable to the Annex other than chapter I. A question was raised whether the above mentioned double side skin spaces in bulk carriers of 150m in length and upward included wing spaces of ore carriers and combination carriers. Many members agreed that the original intent was to apply the requirement to double side spaces of conventional doubleside skin bulk carriers only. At MSC 89,however, the majority agreed that, since the definition of bulk carriers given in SOLAS chapter XII includes ore carriers, unless the regulation is amended such large wing spaces of ore carriers and combination carriers, even if they are not used as seawater ballast tanks, should also be subject to this requirement. Advice for ship builders To note the above decision on the application of SOLAS regulation II-1/3-2 to ore carriers and combination carriers which will have significant impact on fabrication process of ore carriers. For other issues introduced, see appendix to this annex. Advice for all other clients See appendix to this annex. (Annex 6 - Ship design and equipment (agenda item 8))

26 Applicability See appendix to this annex. What is Lloyd s Register doing? In general, Lloyd s Register actively undertakes statutory survey and certification on behalf of Flag Administrations. Following the above decisions made by MSC 89, Lloyd s Register will prepare appropriate guidance (e.g., Classification News) for clients actions. With regard to items concerning life boat release and retrieval systems that were discussed under agenda item 3, please also refer to Lloyd s Registers guidance on this topic available on the website ( (Annex 6 - Ship design and equipment (agenda item 8))

27 Appendix DE 54 MSC Resolution on Amendments to the Revised recommendation on testing of life-saving appliances Background: The changes are mostly editorial to update references to standards, however one change replaces the current swamp test on liferafts, which simulates a wave washing over the liferaft under test, with requirements which are taken from those for rescue craft. Summary: A number of editorial changes have been made in the following paragraphs: Part 1, section 2, o o o o paragraph 2.4 update to standard, paragraph (deleted), renumbered paragraphs and updates to standards, renumbered paragraphs , and editorially updated Part 1, section 3 o paragraphs 3.1.7, and editorially updated Part 1, section 4 o paragraph editorially updated Part 1, section 5 o o paragraph 5.11 wording for the swamp test replaced section 5.17 updates to standards Part 1, section 6 o paragraphs and editorially updated Part 1, section 7 o paragraph editorially updated Part 1, section 8 o paragraph update to standard Part 1, section 10 o o paragraphs and editorially updated section 10.4 update to standard Part 1, section 13 o paragraphs 13.1 to 13.3 updates to standards Implication: Manufacturers will need to be aware of the new standards which are to be used and the new requirements for swamp tests on liferafts. Application: To life-saving appliances and arrangements as required by SOLAS chapter III. Governments should apply the amendments when testing new life saving appliances. (Annex 6 - Ship design and equipment (agenda item 8))

28 MSC Circular on Unified interpretation of SOLAS regulation III/15.1 Stowage of marine evacuation systems Background: Marine evacuation systems are becoming more common on cargo ships, where previously they were only seen on passenger ships. The existing unified interpretation is updated to refer to all ship types. Summary: The text is taken from IACS UI SC 143 Rev.1. Openings (including opening side scuttles and windows) are not permitted between the embarkation station and the lightest waterline. Implication: Builders: may need to review designs to ensure that openings are not in line with marine evacuation systems. Flag Administrations/Recognized Organizations: will need to be aware of the requirement not to have openings in line with marine evacuation systems. Application: Although the MSC Circular does not state an application date, IACS members have been applying the interpretation to ships contracted for construction on or after 1 July 2010 in accordance with IACS UI SC 143 Rev.1. MSC Circular on Unified interpretation of SOLAS regulation II-1/29 Mechanical, hydraulic and electrical independency and failure detection and response of steering control systems Background: Due to recent developments in control systems, the existing unified interpretation required an update. Summary: When there is a system failure then an audible and visual warning will be required so that appropriate action can be taken. Implications: Builders: will need to ensure that appropriate alarms are fitted. Flag Administrations/Recognized Organizations: will need to ensure that systems meet the requirement. Survey procedures may need to be updated to include a check on the alarm. Application: All Although the MSC Circular does not state an application date, IACS members will apply the interpretation to ships contracted for construction on or after 1 July 2011 in accordance with IACS UI SC 94 Rev.1. Draft MSC-MEPC Circular on Unified interpretations on the application of SOLAS, MARPOL and Load Line requirements to conversions of single-hull oil tankers to double-hull oil tankers or bulk carriers Background: With the phasing out of single-hull oil tankers there is a market for converting them into double hull oil tankers or bulk carriers. To ensure consistent application of SOLAS, MARPOL and Load Line requirements a unified interpretation has been developed to clarify which regulations apply after conversion. Summary: It was agreed that requirements for conversions should not go beyond those for new ships that most conversions should be considered as a new ship, the interpretations should be clear, and coatings as required by SOLAS II- 1/3-2 would only be required on new tanks and there should be a three date application scheme. Implication: Builders will have a clear statement of which regulations are to be met. Owners will need to consider the impact of the requirements when considering possible conversions. Application: To single-hull oil tanker conversions to either double-hull oil tankers or bulk carriers. (Annex 6 - Ship design and equipment (agenda item 8))

29 DE 55 MSC Resolution amending SOLAS III/ to introduce a new sub-paragraph 4 regarding operational test of free-fall lifeboats Background: The testing of free-fall lifeboats can pose safety risks to those carrying out the test. This amendment will permit a simulated launching in place of an actual launch for free-fall lifeboats. Summary: A simulated launch will be permitted during all drills involving free-fall lifeboats. Implication: Owners will be able to advise crews that simulated launches of free-fall lifeboats will be permitted from 1 January Application: To SOLAS ships fitted with a freefall lifeboat. Draft Assembly Resolution regarding the adoption of the International Code on the enhanced programme of inspections during surveys of bulk carriers and oil tankers 2011(ESP Code) Background: The requirements for enhanced surveys contained in Resolution A.744(18) have been updated to reflect the changes introduced by IACS into their requirements, and to ensure consistency between single skin and double skin requirements. Summary: There are a number of changes to the resolution affecting most parts. When agreed the new text will become the ESP Code. Implications: Owners/managers: will need to ensure that their survey preparation meets the requirements before surveys are started and that all required surveys will be possible. This may require provision of a means to access hard to reach locations. Flag Administrations/Recognized Organizations: should find that ships are adequately prepared before survey commences. Application: To new and existing bulk carriers and oil tankers of 500 gt or over presented for survey on or after a date to be decided by MSC 90 in conjunction with the amendment to the SOLAS given below. Draft MSC Resolution amending SOLAS XI-1/2 implementing the ESP Code Background: This amendment will make the requirements of the new ESP Code mandatory under SOLAS chapter XI-1. Summary: The existing reference to Resolution A.744(18) is replaced with a reference to the new ESP Code. Implications: Owners/managers: will need to ensure that their survey preparation meets the requirements before surveys are started and that all required surveys will be possible. This may require provision of a means to access hard to reach locations. Flag Administrations/Recognized Organizations: should find that ships are adequately prepared before survey commences. Application: to new and existing bulk carriers and oil tankers of 500 gt or over presented for survey on or after a date to be determined by MSC 90. MSC Circular on Guidelines on the procedures for in-service maintenance and repair of coating systems for cargo oil tanks of crude oil tankers Background: Protective coatings are required in cargo oil tanks on crude oil tankers by SOLAS II-1/3-11. This circular gives guidelines for the in-service repair and maintenance of coatings. (Annex 6 - Ship design and equipment (agenda item 8))

30 Summary: Specific guidance on the repair and maintenance is given (including permissible levels of deterioration before repair is required, coating thicknesses of repairs and conditions before repair can be carried out). Implications: Owners: The guidelines can be used as a reference document when repair or re-coating is required. There will be a significant impact on these works. Flag Administrations/Recognized Organizations: will need to include the guidance in training and instructions to surveyors. Application: Coating requirements of cargo oil tanks on crude oil tankers of 5,000 dwt or above contracted for construction on or after 1 January Return to overall summary at start of document. (Annex 6 - Ship design and equipment (agenda item 8))

31 Lloyd's Register briefing IMO MSC 89 Annex 7 - Stability and Load Lines and Fishing Vessels safety (agenda item 9) Overview MSC 89 reviewed the outcome of SLF 53 and approved the following: Draft amendments to SOLAS regulation II-1/8-1 to introduce a mandatory requirement for either onboard stability computers or shore-based support for passenger ships which have to comply with the safe return to port requirements, with a view to subsequent adoption at MSC 90; MSC Circular on Guidelines on operational information for masters of passenger ships for safe return to port by own power or under tow; Draft amendments to the 1966 Load Line Convention changing the southern limit of the Summer zone, with a view to adoption at Assembly 27; and Draft amendments to the 1988 Load Line Protocol changing the southern limit of the Summer zone, with a view to adoption at MSC 90. In addition, MSC 89 addressed the following, and agreed to discuss these matters further at the SLF Sub-Committee: Guidance to Administrations for the approval of damage stability modules for safe return to port Tonnage crew accommodation space Background SLF 53 was held in January MSC 89 reviewed the outcome of the SLF 53 and other documents submitted to MSC 89 under this agenda item. The details of proposed instruments are given in the appendix to this annex. Discussions With regard to items introduced within the overview section, the following discussions took place. All remaining items introduced within the overview section were approved without any discussion. 1. Draft amendment to SOLAS regulation II-1/8-1 Some members expressed concerns over draft SOLAS regulation II-1/8-1 (new paragraph 3). The current draft states as follows: "3 Operational information after a flooding casualty For the purpose of providing operational information to the Master for safe return to port after a flooding casualty, passenger ships constructed on or after [1 January 2014] shall have:.1 onboard stability computer; or.2 shore-based support, in accordance with guidelines developed by the Organization*." IMO MSC 89 Agenda preview (Annex 7 - Stability and Load Lines and Fishing Vessels safety (agenda item 9))

32 However, it was pointed out that, the way the guidelines were referred to in the text was non-mandatory in accordance with the Assembly Resolution A.911 Uniform working for referencing IMO Instruments, as the title and name of the guideline were not given in the regulation but in the footnote. However, the phrase in accordance with is normally used for referring to a mandatory instrument. Taking into account is the normal phrase for referring to a non-mandatory instrument. A further concern raised was whether the guidelines could be concluded well in advance of the implementation date. After the above discussion, the text of the draft amendment was approved for final adoption at MSC 90 (May 2012). The text in question would be included in [ ] to bring it to the attention of members prior to the final conclusion. Further a relevant submission on the guidelines associated with the above requirements will be further addressed at SLF 54 (January 2012) for review at MSC Guidance to Administrations for the approval of damage stability modules for safe return to port While there were a few members supporting the development of new Guidance to Administrations for the approval of such damage stability modules for safe return to port, some questions were raised: MSC.1/Circ Guidelines for the approval of stability instruments may already cover the issue, and the scope of application of such guidance i.e., all ships or ships subject to the safe return to port requirements (passenger ships of 120m or above or having three or more main vertical fire zones). It was agreed that the proposal would be further discussed by the SLF Sub-Committee. 3. Tonnage crew accommodation space A new work programme was discussed under agenda item 22. The SLF Sub-Committee, at a future session, will consider the way to address living and working spaces in the tonnage certificate. A proposal at this stage is to add an additional note on spaces allocated for such spaces, one similar to the treatment of segregated ballast water tanks. Advices for owners/managers, manufacturers and Flag Administrations/Recognized Organizations See appendix for each instrument. Applicability See appendix for each instrument. What is Lloyd s Register doing? Lloyd s Register will be involved in the future discussions on the provision of damage stability capable computers onboard passenger ships which have to comply with the safe return to port requirements. One option for ship owners is to enrol passenger ships with Lloyd s Register s Ship Emergency Response Service (SERS) which can provide the information needed. Lloyd s Register has extensive experience with tonnage calculations and will be involved in the discussions on tonnage which will be held at SLF. For assistance with current tonnage issues please contact your local office who will be able to help. IMO MSC 89 Agenda preview (Annex 7 - Stability and Load Lines and Fishing Vessels safety (agenda item 9))

33 Appendix Draft amendments to SOLAS regulation II-1/8-1 to introduce a mandatory requirement for either onboard stability computers or shore-based support, with a view to subsequent adoption Background: This amendment to SOLAS requires passenger ships with three or more main vertical fire zones or of 120 metres in length or more to have either an onboard computer capable of calculating damage stability after a flooding incident or to have access to a facility on shore which can provide this information. Summary: This amendment will require applicable ships to be provided with either an onboard stability computer or shore based support in accordance with the guidelines which have been developed (see below). Implication: Owners/managers: will need to ensure that the necessary computer functionality is provided. Where this is onboard they will need to ensure that adequate training is provided to the crew to ensure familiarity with the system. Builders: will need to ensure that suitable provision is made. Manufacturers: will need to be aware of the need for software which can calculate damage stability for any given damage (not pre-defined damages). Flag Administrations/Recognized Organizations: will need to ensure that the necessary stability information is available on board the affected ships. There will be a need to ensure that access to the necessary calculations is provided and confirmed at annual survey. The approval of the stability element will become more complex and may require more time. Consideration should be given to the method of approval of shore based systems and whether approval of the support provided is required. Application: to passenger ships with a length of 120 m or more or having three or more main fire zones constructed on or after 1 January MSC Circular on Guidelines on operational information for masters of passenger ships for safe return to port by own power or under tow Background: These guidelines have been developed to provide further detail on the requirements which have been introduced by the amendment to SOLAS II-1/8-1. Summary: Stability information is to be available for the master from an approved stability computer either on board the ship or based ashore. The system is to meet the accuracy requirements contained in MSC.1/Circ.1229 Guidelines for the approval of stability instruments. The minimum information that is to be provided to the ship s crew is: GM transverse in any loading condition; GZ and range; area under the GZ curve; maximum and actual values of free surface moments of all tanks and spaces below the bulkhead deck; location of flooding level indicators within tanks; draughts forward, midship and aft; angles of heel and trim; the effect of flooding and heel and trim angles on: o o operation of essential equipment; escape routes and evacuation times; and IMO MSC 89 Agenda preview (Annex 7 - Stability and Load Lines and Fishing Vessels safety (agenda item 9))

34 o effective deployment of life-saving appliances; profile areas of the ship, above and below the waterline, and means to establish their centres in order to estimate the effects of wind pressure; currently applied global bending moment and sheer forces; fuel consumption data accounting for estimates of increased resistance due to flooding; and ship specific particulars as specified in MSC.1/Circ.1245 Guidelines for damage control plans and information to the master. Implication: Owners/operators: will need to ensure that the information for the ship s crew is available in an easy to use readily available form. Builders: will need to ensure that suitable provision is made. Manufacturers: will need to be aware of the need for software which can calculate damage stability for any given damage (not pre-defined damages). The information provided to the crew should include as a minimum the information given in the circular. Flag Administrations / Recognized Organizations: will need to ensure that the necessary stability information is available on board applicable ships. There will be a need to ensure that access to the necessary calculations is provided and confirmed at annual survey. The approval of the stability element will become more complex and may require more time. Consideration should be given to the method of approval of shore based systems and whether approval of the support provided is required. Application: To passenger ships with a length of 120 m or more or having three or more main vertical fire zones constructed on or after 1 January Draft amendments to the 1966 Load Line Convention, with a view to adoption at Assembly 27 Background: This amendment will extend the Southern limit of the Summer zone further South off South Africa. Summary: The proposal will extend the Summer zone by about 50 nautical miles around Cape Agulhas. The new Northern boundary of the Southern Winter Seasonal zone will be (part only shown for brevity) the rhumb line from the east coast of the American continent at Cape Tres Puntas to the point latitude 34 S, longitude 50 W, then the parallel of latitude 34 S to longitude E, thence the rhumb line to the point latitude S, longitude 20 E, thence the rhumb line to the point latitude 34 S longitude E, thence.. Implication: Shipowners / operators: to ensure that crews are aware of the change, which should provide more sea room to ships loaded to their summer marks transiting the area Application: All ships which are permitted to trade in the area. Draft amendments to the 1988 Load Line Protocol, with a view to adoption at MSC 90 Background: This amendment will extend the Southern limit of the Summer zone further South off South Africa. Summary: The proposal will extend the Summer zone by about 50 nautical miles around Cape Agulhaus. The new Northern boundary of the Southern Winter Seasonal zone will be (part only shown for brevity) the rhumb line from the east coast of the American continent at Cape Tres Puntas to the point latitude 34 S, longitude 50 W, then the parallel of latitude 34 S to longitude E, thence the rhumb line to the point latitude S, longitude 20 E, thence the rhumb line to the point latitude 34 S longitude E, thence.. Implication: IMO MSC 89 Agenda preview (Annex 7 - Stability and Load Lines and Fishing Vessels safety (agenda item 9))

35 Shipowners / operators: to ensure that crews are aware of the change, which should provide more sea room to ships loaded to their summer marks transiting the area Application: All ships which are permitted to trade in the area. Return to overall summary at start of document. IMO MSC 89 Agenda preview (Annex 7 - Stability and Load Lines and Fishing Vessels safety (agenda item 9))

36 Lloyd's Register briefing IMO MSC 89 Annex 8 - Training and watchkeeping (agenda item 10) Overview MSC 89 reviewed the outcome of STW 42. There was also discussion on the most appropriate forum to discuss Human Element related issues, i.e., whether this will be done at a joint working group at MSC/MEPC level or at a working group in the STW Sub-Committee. After lengthy discussion, MSC 89 agreed to transfer the work on Humana Element from Joint Working Group on Human Element held by MSC and MEPC, to the STW Sub-Committee, subject to the concurrence of MEPC. There was also discussion on the clarification of transitional provision given in the 2010 amendment to the STCW Convention. Two STCW circulars addressing the issue were approved. Background STW 42 took place from 24 to 28 January There was no specific instrument for approval/adoption that are directly relating to Lloyd s Register s survey and certification actives under this agenda item. Discussions 1. MSC/MEPC Joint Working Group on Human Element There was intensive discussion on the transfer of a working group from MSC/MEPC to STW Sub-Committee. Many delegations opposed the transfer. However, the majority view was to transfer the Working Group on Human Element to STW Sub-Committee. As to when and how to convene such a working group was left to the discretion of the STW Sub-Committee. In this regard, MSC 89 decided in the discussion took place under agenda item 22 (Work Programme), to keep Human Element in its agenda for the next session. It should be noted that, since the working group is jointly held with MEPC, the above agreement was subject to the concurrence of MEPC. 2. STCW Circulars on the transitional provision MSC 89 approved the following circulars: STCW.7/Circ.16 on Clarification of transitional provisions relating to the 2010 Manila Amendments to the STCW Convention and Code The circular provides clarifications on: Issuance and revalidation of certificates and endorsements issued in accordance with the provisions of the Convention which applied immediately prior to 1 January 2012; Transitional provisions which do not relate to certification issues; and Security-related training provisions. STCW.7/Circ.17 on Advice to Port State Control authorities on transitional arrangements leading up to the full implementation of the requirements of the 2010 Manila Amendments to the STCW Convention and Code. The following are extracts of the advice: (Annex 8 - Training and watchkeeping (agenda item 10))

37 The amended requirements of chapter VIII come into force on 1 January However, some aspects of seafarer training, for example, Engine-room Resource Management (ERM) or Bridge Resource Management (BRM), are not required to be delivered until 1 January 2017; Transitional provisions under section A-VI/6 provide, until 1 January 2014, for the recognition of seafarers who commenced an approved seagoing service prior to 1 January 2012; Until 1 January 2014, even if a seafarer's documentation with regard to the security-related training in regulation VI/6 is not in accordance with the 2010 Manila Amendments, it would be sufficient to accept compliance with section 13 of the International Ship and Port Facility Security (ISPS) Code; For seafarers holding certificates issued in accordance with the provisions of the Convention which applied immediately prior to 1 January 2012 and who have not met the requirements of the 2010 Manila Amendments, the validity of any revalidated certificate should not extend beyond 1 January 2017; For seafarers who commenced approved seagoing service, an approved education and training programme or an approved training course before 1 July 2013 the validity of any certificate issued should not extend beyond 1 January Advice for owners/managers Shipowners/managers are to note the discussion and are encouraged to ensure compliance with the timetable of the revised STCW Convention. Advice for Flag Administrations/Recognized Organizations ISM auditors should be advised about relevant threshold dates concerning the enforcement of the revised STCW Convention. Applicability The decisions are focusing on seafarers onboard and are not specific to ship type or size. What is Lloyd s Register doing? Lloyd s Register is providing audits required by the ISM Code on behalf of various Flag Administrations which authorise Lloyd s Register to do so. Verification of seafarer s certification is a part of such audit. Return to overall summary at start of document. (Annex 8 - Training and watchkeeping (agenda item 10))

38 Lloyd's Register briefing IMO MSC 89 Annex 9 - Bulk liquids and gases (agenda item 11) Overview BLG 15 was held from 7 to 11 February The following are the urgent matters emanating from BLG 15 which was reviewed by MSC 89. The remaining outcome of BLG 15 will be reviewed by MSC 90 scheduled in May The details of instruments that are relevant to Lloyd s Register are given in the appendix to this annex. The following actions were taken at MSC 89. Approved the timeline for the preparation of amendments to chapters 17, 18 and 19 of the IBC Code; Approved the draft Revised Recommendations for entering enclosed spaces aboard ships and the associated draft Assembly resolution with a view to subsequent adoption by Assembly 27; Approved MSC circular on Guidelines on tank entry for tankers using Nitrogen as an inerting medium; Approved the draft amendments to SOLAS chapter VI, regarding the prohibition of the blending of bulk liquid cargoes during the sea voyage, with a view to subsequent adoption at MSC 90; Endorsed issuance of BLG.1/Circ.31 on Decisions on the categorization and classification of products; and Endorsed Issuance of BLG.1/Circ.32 on Carriage conditions and special requirements assigned for Mixed C4, for inclusion as a new entry into the IGC Code. Background Details of discussion at BLG 15 are available from Lloyd s Register s website ( Discussions In addition to the approval to the actions requested by the BLG Sub-Committee, there were substantial discussions on the following points. New proposed SOLAS amendments to chapter VII MSC 89 approved the proposed SOLAS amendments on chapter VI new regulation 5-2 on the Prohibition of the blending of bulk liquid cargoes during the sea voyage prepared by the BLG Sub-Committee. However, the proposal submitted by a member government to prohibit any production process being carried out onboard a ship, i.e., prohibiting any deliberate chemical process involving the ships cargo and any other chemical substance was not agreed, as the draft regulation still contains some ambiguities in this respect. It was agreed to refer this item to the BLG Sub- Committee for further discussion. Entry into enclosed spaces Considerable time was spent on the discussion on the entry into enclosed space. The discussion was whether to have one Assembly resolution on Recommendations for entering enclosed spaces aboard ships and an independent MSC Circular on Guidelines on tank entry for tankers using nitrogen as an inerting medium. While many delegations expressed their view that these two guidelines should be merged into to, MSC 89 concluded to have two separate guidelines as proposed by the BLG Sub-Committee. Advice for all clients (Annex 9 - Bulk liquids and gases (agenda item 11))

39 For details of the specific instruments that were approved at MSC 89, please refer to the appendix to this annex. Applicability Please refer to the appendix to this annex. What is Lloyd s Register doing? Lloyd s Register is closely monitoring development on the IBC Code at the BLG Sub-Committee. (Annex 9 - Bulk liquids and gases (agenda item 11))

40 Appendix Draft Assembly Resolution on Revised Recommendations for entering enclosed spaces aboard ships DSC 15 completed its work on the draft new recommendation to replace A864(20) as well as the related notes for the draft Assembly Resolution. The BLG Sub-Committee was tasked to develop separate guidelines for the entry into tanks using Nitrogen as an inerting media. As a result proposed draft consequential modification to these recommendations gives a brief explanation of the dangers of Nitrogen to human health when it is present in a tank. The reader is directed to the separate guidelines on tank entry using Nitrogen as an inerting medium (see below). Ships which use Nitrogen as an inerting medium and ships where Nitrogen may be present in tanks should review their tank entry procedures to take account of this modification. Implications: These recommendations will affect everyone who may enter enclosed spaces onboard ship especially crews, but also visitors such as surveyors, Port State Control and even stevedores and cargo handlers. All stakeholders will be expected to follow these recommendations due to the regularity and severity of incidents. Application: All ships after publication of the Resolution, expected soon after the 27 th Assembly (November 2011). All operators, crews, surveyors, visitors, stevedores, cargo handlers and others will need to be aware of the new requirements. Operators in particular will need to note the recommendations for risk assessments and identifying all potential enclosed spaces onboard ships. Visitors will have to assess their safety procedures in accordance with the new shipboard procedures. MSC Circular on Guidelines on tank entry for tankers using Nitrogen as an inerting medium The guidelines on tank entry using Nitrogen as an inerting medium where developed which give specific procedures and minimum precautions to be followed when persons enter a tank that has contained Nitrogen, in order to reduce the risk of asphyxiation. This new guidance also includes the format of a tank entry permit for use when entering tanks that have contained Nitrogen. It is intended that this guidance is used in conjunction with the Revised Recommendations for entering enclosed spaces aboard ships. Ships which use Nitrogen as an inerting medium and ships where Nitrogen may be present in tanks should review their tank entry procedures to take account of this new guidance. Draft amendments to SOLAS chapter VI, regarding the prohibition of the blending of bulk liquid cargoes during the sea voyage, with a view to subsequent adoption at MSC 90 Background: BLG at previous sessions has considered the issue of blending bio fuels onboard and concluded that blending onboard can be permitted only when a ship is in port and is not to be carried out on a sea voyage. This view was agreed by MSC 86 and subsequently endorsed by MEPC 59. BLG 15 finalised a draft amendment to SOLAS chapter VI. Summary: A new regulation, SOLAS/VI-5.2 will be introduced which will ban the blending of bulk liquid cargoes during a sea voyage. The new regulation will not prohibit the master from undertaking cargo transfers to secure the safety of the ship or protect the marine environment or the blending of products for use in the search and exploitation of sea-bed mineral resources. Implication: The new regulation was developed with the intention to prohibit the blending of bio-fuel at sea. Blending of any bulk cargoes that produces a cargo with a new product designation will be prohibited except in those cases specifically exempted from the regulation. Application: All ships which carry bulk liquid cargoes on or after a date to be decided at MSC 90 (May 2012). Return to overall summary at start of document. (Annex 9 - Bulk liquids and gases (agenda item 11))

41 Lloyd's Register briefing IMO MSC 89 Annex 10 - Flag State implementation (agenda item 12) Overview The following items were finalised at MSC 89 that are relevant to the industry, some require further action at MEPC/Assembly. For details, please refer to the appendix to this annex. Draft Assembly Resolution on Survey Guidelines under the Harmonized System of Survey and Certification, 2011 (revoking A.997(25) and A.1020(26)); Draft Assembly Resolution on Revised Procedure for Port State Control; and MSC Circular on Safety of pilot transfer arrangement. Background FSI 19 was held in from 21 to 24 February MSC 89 reviewed urgent matters only and other documents submitted to MSC 89 under this agenda item. The remaining items will be considered at MSC 90 scheduled in May As the name of the Sub-Committee indicates, many of the discussions are relevant to only governments concerned. The details of proposed instruments that are relevant to the industry are given in the appendix to this annex. Discussions MSC 89 approved the outcome of FSI 19 without any discussion except for the draft Assembly Resolution on Revised Procedure for Port State Control where a minor change has been made on paragraph of appendix 9 to delete and operational and paragraph 4.3 where reference to MSC.1/Circ was inserted. Advice for owners/managers, manufacturers, Flag Administrations and Recognized Organizations See appendix for each instrument. Applicability See appendix for each instrument. What is Lloyd s Register doing? Lloyd s Register is updating its survey checklist following the amendments being made to the Survey Guidelines under the Harmonized System of Survey and Certification. (Annex 10 - Flag State implementation (agenda item 12))

42 Appendix Draft Assembly resolution on Survey Guidelines under the Harmonized System of Survey and Certification (revoking A.997(25) and A.102(26)) Background: This new draft Assembly resolution will update existing survey guidelines taking into account the recent regulatory updates. Summary: Various elements of new statutory requirements that are entering into force up to and including December 2011 are taken into account. These will be the basis of statutory surveys during initial construction, and following surveys. This is a comprehensive list. The new list includes, for example, following new requirements: verification of alternative arrangements under SOLAS regulations II-1/55, II-2/17 and III/38; new shipborne navigational equipment, such as BNWAS and ECDIS required by SOLAS V/19; embarkation and disembarkation arrangements required by SOLAS II-1/3-9; two separate activation mechanism for fire-fighting system required by SOLAS II-2/10; sludge tank arrangements required by MARPOL Annex I regulations 12 and 13; ship to ship transfer plan required by MARPOL Annex I regulation 41; and others. Application: All ships. Implication: Shipbuilders: To note the survey requirements during construction and incorporate survey timings in planning of the ship construction time-table. Shipowners: Similar to shipbuilders, to note survey items and be prepared for them. Flag Administrations and their ROs: To update their survey checklists. Draft Assembly Resolution on Revised Procedure for Port State Control Background: Harmonisation of Port State Control activities is, as a matter of fact, providing interpretation to existing IMO instruments. It is therefore important that such activities are transparent and consistent. IMO has been updating the PSC procedures to keep up with regulatory developments. Summary: The revised guidelines provide responses to various question raised during PSC operations in the past, but the fundamental structure of the guideline remains the same. Implications: Shipowners: Owners are to note these developments, and bring them to the attention of masters once the guidelines are approved by Assembly 27 (November 2011) in order to avoid any unnecessary issues during PSC inspections. Application: All ships. MSC Circular on Safety of pilot transfer arrangement Pilot transfer is regulated by SOLAS regulation V/23. In order to ensure safety, an additional circular has been developed for the attention of PSC officials. Return to overall summary at start of document. (Annex 10 - Flag State implementation (agenda item 12))

43 Lloyd's Register briefing IMO MSC 89 Annex 11 - Radiocommunications and search and rescue (agenda item 13) Overview The following items were finalised at MSC 89: Performance Standards for Inmarsat-C Ship Earth Stations Capable of Transmitting and Receiving Direct-Printing Communications MSC 89 agreed to recommend to Assembly 27 (November 2011) to revoke resolution A.570(14), as the recommendation of the resolution is now included in the recommendations of the performance standards given in resolutions A.807(19), MSC.130(75) and MSC.306(87) Exterior colour of lifeboat - colour of life saving appliances MSC 89 agreed the decision of the COMSAR Sub-Committee that the existing IACS interpretation provided sufficient clarification and required the use of adequate colours to ensure optimal visual sighting of lifeboats in the context of the LSA Code and therefore the proposed amendment was not necessary. The IACS interpretation on LSA Code paragraph be of international or vivid reddish orange, or a comparably highly visible colour on all parts where this will assist detection at sea is Highly visible colour only includes colours of strong chromatic content, e.g., pure achromatic colours such as white and all shades of grey shall not be accepted as comparable colours. Background COMSAR 15 was held in from 7 to 11 March MSC 89 reviewed urgent matters only and other documents submitted to MSC 89 under this agenda items. The remaining items will be considered at MSC 90 (May 2012). With regard to exterior colour of lifeboat given above, the IACS interpretation (UI SC233) providing interpretation of paragraph of the LSA Code was originally submitted to DE 53 (April 2010). The paragraph of the LSA Code in question stated that life saving appliances shall be of a highly visible colour on all parts where this will assist detection which was then revised as be of international or vivid reddish orange, or a comparably highly visible colour on all parts where this will assist detection at sea by the Resolution MSC.207 (81) which entered into force on 1 July IACS Interpretation was that highly visible colour only includes colours of strong chromatic content, e.g., pure achromatic colours such as white and all shades of grey shall not be accepted as comparable colours. However, DE 53 decided not to include yellow and the following amendments to the code was agreed. be of international or vivid reddish orange, on all parts where this will assist detection at sea. MSC 87 (May 2010), having reviewed the outcome of DE 53, referred the matter to COMSAR 15 Sub-Committee for further consideration. Discussions With regard to the above exterior colour issue, although MSC 89 approved the decision of COMSAR 15, i.e., not to revise the LSA Code but agree with the IACS interpretation. It means colour such as yellow can be used for life saving appliances. (Annex 11 - Radiocommunication (agenda item 13))

44 However, MSC 89 did not approve the IACS Unified Interpretation as an MSC Circular. The task of developing an MSC Circular based upon the IACS Unified Interpretation was given to a relevant Sub-Committee for approval by MSC 90 (May 2012). Advices for owners/managers, manufacturers and Flag Administrations/Recognized Organizations Although an IMO (MSC) circular is still being prepared, it is encouraged to pay due respect to the IACS Unified Interpretation UI SC 233. It should be noted that, although primary discussion was colour of lifeboat, the paragraph in question in the LSA Code applies to all life saving appliances. Applicability With regard to the discussion on the external colour of lifeboat, the issue will be finalised at MSC 90 by approval of an MSC Circular. Once approved, this applies to all life saving appliances installed onboard all passenger ships regardless of tonnage and cargo ships of 500 gt or above. What is Lloyd s Register doing? Although formal conclusion at IMO is still one year away, unless specific instruction is given from the Flag Administration, Lloyd s Register applies IACS UI SC 223 as introduced above. Return to overall summary at start of document. (Annex 11 - Radiocommunication (agenda item 13))

45 Lloyd's Register briefing IMO MSC 89 Annex 12 - Formal safety assessment (agenda item 16) Overview MSC 89 considered several risk control options (RCOs) which were identified by the formal safety assessment (FSA) on general cargo ship safety which was carried out by IACS. These RCOs were grouped by cost-effectiveness and mainly cover operational issues, but some are equipment-related. MSC 89 decided that they were not yet specifically defined enough to be sent for consideration by sub-committees, and therefore decided to revisit them at a future session. MSC 89 considered some revisions to the Guidelines for FSA and to the Guidance on the use of the human element analysis process (HEAP) and FSA in the IMO rule-making process. The revision included clarification and unification of some of the terminology, and methods of presenting FSA reports to ensure that the findings can be used by both FSA experts and non-experts. The revisions were not finalised at MSC 89, so a correspondence group was established to prepare draft amendments ready for MSC 90 (May 2012). Background Formal Safety Assessment (FSA) is a structured and systematic methodology which has been taken on by the IMO. It is aimed at enhancing maritime safety, including protection of life, health, marine environment and property, by using risk analysis and cost benefit assessment. FSA can be used as a tool to help in the evaluation of new regulations for maritime safety and protection of the marine environment or in making a comparison between existing and possibly improved regulations, with a view to achieving a balance between the various technical and operational issues, including the human element, and between maritime safety or protection of the marine environment and costs. FSA is intended to allow decisions to be made at IMO which take account of the effect of proposed regulatory changes in terms of benefits (e.g. expected reduction of lives lost or of pollution) and related costs incurred for the industry as a whole and for individual parties affected by the decision. Discussion MSC 89 reviewed an FSA study performed by IACS on general cargo ship safety, which was submitted to IMO. The study was assessed and confirmed to have been performed in accordance with the FSA guidelines. When considering FSA more generally, MSC 89 generally endorsed its previous agreements about lessons learned from applying the FSA guidelines, such as the need for root cause analysis and for improvement of IMO s GISIS database. MSC 89 considered some changes to the FSA guidelines, including strengthening feedback between Step 3 of the process (risk control options) and Step 1 (hazard identification). It was also proposed to include in the final recommendation for decision making some consideration of the application of the recommended measures, such as types of ships and application schedule. It was also proposed that future FSA studies should take fuller account of the human element. These revisions were not finalised at MSC 89, so a correspondence group was established to prepare the draft amendments to the FSA Guidelines and to the Guidance on the use of HEAP and FSA ready for MSC 90. The IACS FSA study on general cargo ship safety recommended several risk control options (RCOs), which were divided into different categories of cost-effectiveness. They are listed below in these categories, which use the gross cost of averting a fatality (GCAF) and the net cost of averting a fatality (NCAF). Most RCOs are operational but there are some equipmentrelated items. GCAF value below US$3 million: (Annex 12 - Formal safety assessment (agenda item 16))

46 .1 RCO 27 (technical): Anchoring watch alarm integrated in ECDIS (no additional costs if ECDIS is already integrated on bridge);.2 RCO 20 (operational/training): Port State Control inspector training for general cargo ships; and.3 RCO 32 (technical): Combine watch alarm with autopilot, Negative NCAF value:.1 RCO 28 (operational/training): Checklist for maintenance procedures;.2 RCO 26 (operational/training): ECDIS training for all officers of watch;.3 RCO 23 (operational/training): Simulator training for increasing situational awareness; and.4 RCO 8 (operational/training): Improving preparation and handling of ship for manoeuvring in restricted waters (crew and pilot), Positive NCAF value below US$3 million:.1 RCO 17 (technical/operational/training): Improvement of cargo stowage especially bulk (other than grain) and heavy items;.2 RCO 19 (operational/training): Extended survey on general cargo ships; and.3 RCO 2 (technical): ECDIS with AIS and RADAR (only for new-buildings). MSC 89 decided that these RCOs are not yet specifically defined enough to be sent for consideration by sub-committees, and therefore decided to revisit them at a future session. Therefore while Lloyd s Register reports the RCOs here for information, it should be noted that they do not represent changes which can be expected immediately. Nonetheless they may give an indication of possible future changes which IMO may consider introducing for general cargo ships. The joint FSA/GBS working group had been expected to consider the safety level approach in relation to application of GBS (see agenda item 5), but no substantive discussion took place and therefore MSC 89 did not reach any conclusions on this subject. What is Lloyd's Register doing? As the outcomes of FSA studies can affect various requirements developed by the IMO, Lloyd s Register closely monitors these developments. Advice for all clients There is no immediate direct impact on the design of ships. Owners, managers and builders of general cargo ships may wish to note the risk control options described above, which do not reflect immediate changes but may give an indication of possible future changes which IMO may consider introducing for this ship type. They are mostly operational but do include some equipment-related items. Applicability No immediate direct applicability to ships. Return to overall summary at start of document. (Annex 12 - Formal safety assessment (agenda item 16))

47 Lloyd's Register briefing IMO MSC 89 Annex 13 - Piracy and armed robbery against ships (agenda item 18) Overview In recent years, the primary focus has been on pirates off the Somali coast, up to the Eastern Indian Ocean. The violence has escalated to an intolerable degree. IMO has been making various efforts, such as liaising with other UN bodies, including Headquarters in New York, and working on the establishment of a regional agreement to tackle piracy. Governments are also making efforts such as the deployment of joint naval forces. Industry has also been making its own efforts, such as publishing Best Management Practices (BMP), through which various actions have been co-ordinated between ships (shipowners) and authorities (including joint naval forces). The primary focus at MSC 89 is the use of private armed guards. Although this has many legal implications for both the shipowner and the flag state, some owners have already been taking this option for their own reassurance and under the incentive of an insurance premium reduction. There are more than 100 companies offering this service but they are not regulated. IMO is developing guidance for owners for the employment of such guards. Another issue on Piracy is difficulties of prosecution, even for pirates who are arrested. Proper collection of evidence and preservation of crime scene was urged. In addition, member governments were concerned that some shipowners/managers are not properly following industry s BMP. The importance of notifications/reporting stipulated in the BMP was stressed. The following is the primary outcome of MSC 89. MSC Circular on Interim guidance to shipowners, ship operators and shipmasters on the use of privately contracted armed security personnel onboard ship in the High Risk Area; MSC Circular on Interim recommendations for flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area; MSC Circular Guidelines to assist the investigation of crimes of piracy and armed robbery against ships; and MSC Resolution on Implementation of Best Management Practice Guidance. Discussion 1. MSC Circular on Interim guidance to shipowners, ship operators and shipmasters on the use of privately contracted armed security personnel onboard ship in the High Risk Area In the past, IMO discouraged the use of fire armed by crew members. With regard to the employment of private armed personnel, the decision was left to the Flag Administration but various conditions were imposed. In general, IMO did not consider the use of fire arms as a solution to the problem and was rather concerned about possible consequence, such as further escalation of the violence and possible conflict of laws of flag/port/costal states. However, the use of such guards is now a reality and IMO recognised a need to properly govern such activities. It is clearly stated in the introduction of the guidance that The Organization whilst not endorsing the use of privately contracted armed security personnel (PCASP) understands that shipping companies may find it difficult to identify reliable, professional private providers of armed security. It also raises awareness on the following points: It is important to note that Flag State jurisdiction and thus any laws and regulations imposed by the Flag State concerning the use of private security companies apply to their vessels. Furthermore it is also important to note that port and coastal States' law may also apply to such vessels. (Annex 13 - Piracy and armed robbery against ships (agenda item 18))

48 The use of PCASP should not be considered as an alternative to Best Management Practices (BMP) and other protective measures. Placing armed guards on board as a means to secure and protect the vessel and its crew should only be considered after a risk assessment has been carried out. It is also important to involve the Master in the decision making process. 2. MSC Circular on Interim recommendations for Flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area Similar to the above, this circular also stresses that, as an organization, IMO does not encourage the use of privately contracted armed security personnel onboard. In addition, it should be noted that use of such private armed personnel is totally up to the national legislation of the Flag Administration. Some flags (or even costal states) do not allow carriage of lethal weapons by private personnel. MSC, at a future session, will further develop a similar recommendation for port and coastal states. 3. Guidelines to assist the investigation of crimes of piracy and armed robbery against ships It was agreed to develop guidelines for shipowners/managers and seafarers, not authorities, as it will assist prosecution of pirates once they are arrested. Currently, owing to the lack of proper evidence, many captured pirates have been released without any charges. This Guideline will be expected to improve the current situation. 4. Best Management Practice Guidance MSC 89 noted with concern that many ships were still not following the industry s Best Management Practice (Best Management Practices to Deter Piracy off the Coast of Somalia and in he Arabian Sea Area (BMP)), and adopted an MSC resolution requesting Flag Administrations to take appropriate measures for the implementation of the Best Management Practice under their national legislation. MSC 89 on the other hand, also agreed to keep the BMP as a living document and invite the industry to keep the document updated. Currently, the BMP has been circulated by means of MSC.1/Circ Advice to clients In case of the use of personnel additional to the standard crew complement, the company should consider safety related issues such as accommodation spaces and life saving appliances for such additional personnel onboard. What is Lloyd s Register doing? Lloyd s Register acts as a Recognized Security Organization (RSO) on behalf of Flag Administrations for the audit and certification of ships against ISPS Code. This issue is also covered by Lloyd s Register s work as a Recognized Organization for the audit and certification on the compliance with the ISM Code. Return to overall summary at start of document. (Annex 13 - Piracy and armed robbery against ships (agenda item 18))

49 Lloyd's Register briefing IMO MSC 89 Annex 14 - Implementation of instruments and related matters (agenda item 19) Overview Under this agenda item, the following item was discussed: Application of SOLAS regulation II-2/19 (previous regulation 54) to ships built between 1984 and Background This agenda item was created to discuss any implementation related issues. Discussions Regarding SOLAS regulation II-2/19 (previous regulation 54), a draft amendment to the SOLAS regulation clarifying applicability (ships constructed between 1984 and 2002 are not subject to the requirements) was approved for adoption at MSC 90. Meanwhile, an MSC Circular on this issue was also approved for early notification purpose. Advice for all clients The above amendments to the applicability of SOLAS II-2/19 will not have any significant impact, as it is merely reflects industry s existing practice. Applicability Discussion on interpretation of SOLAS regulation II-2/19 - all ships intended for the carriage of packaged dangerous goods constructed on or after 1 September 1984 but before 1 July Return to overall summary at start of document. (Annex 14 - Implementation of instruments and related matters (agenda item 19))

50 Lloyd's Register briefing IMO MSC 89 Annex 15 - Work programme (agenda item 22) Overview The various new work programmes (planned output for period) were approved. MSC 90 (May 2012) will be an 8 day session, however, MSC 91 (Nov 2012) will be a 5 days session. Discussions on LRIT will be transferred to the COMSAR Sub-Committee, and Human Element will be transferred to the STW Sub-Committee. Both items will be kept in the agenda of MSC. Background An approval as a new work programme (planned output) is required before work can commence in IMO. It takes on average 5 to 6 years for new regulations to take full effect after it is included in the new work programme of next biannual. Discussions The following new work programmes were approved by MSC 89 for the work of the next biannual bugged period of IMO ( ) protection of the AIS VHF Data Link; guidance on Continuous Examination Programmes; amendment to the General Provisions on Ships' Routeing; review of arrangement requirements of foam-type fire-extinguishers of 135 litre in boiler-rooms and 45 litre in engine-rooms for cargo ships as required by SOLAS regulation II-2/10.5; amendment to the MODU Code ; amendment of the 2008 IS Code - criterion for angle of heel in turns; review of provisions of application in SOLAS chapter II-1, regulation 4.1, on subdivision standards for cargo ships; enhancing efficiency and user-friendliness of the International Safety Management (ISM) Code; review of the Code on Alerts and Indicators, 2009; measures to prevent loss of containers; requirements for construction and installation of onboard lifting appliances; follow-up actions to the 2010 Manila amendments to the 1978 STCW Convention; provisions to ensure the integrity and uniform application of the 1969 TM Convention; and expanding the scope of the planned output on "Review of damage stability regulations for ro-ro passenger ships". Advice for all clients As this agenda item is for the approval of new tasks, there is no immediate impact to the industry, however, Lloyd s Register envisages substantial impact to the industry once the work is approved and completed. (Annex 15 - Work programme (agenda item 22))

51 Applicability Yet to be developed for each new proposed work programme. What is Lloyd s Register doing? Noting the new work programme agreed, Lloyd s Register is preparing to positively contribute to the forthcoming discussions. Return to overall summary at start of document. (Annex 15 - Work programme (agenda item 22))

52 Lloyd's Register briefing IMO MSC 89 Annex 16 - Any other business (agenda item 24) Overview Various items were discussed under this agenda item including: 1. Transferring person at sea Following reports to MSC 89 of several incidents during transfer of persons from small transport tenders to larger ships lying at anchor, MSC 89 decided to consider this matter further at sub-committee level which will be decided by the IMO Secretariat and the chairman of the sub-committee(s). 2. Operating anomalies of ECDIS (Electronic Chart Display and Information System) MSC 89 noted the outcome of the workshop organised by IHO (International Hydrographic Organization), the entity responsible for setting up various standards of nautical charts, electronic navigational chart, and standards for ECDIS. MSC 89 agreed to further discuss this matter at NAV 57 (June 2011) under any other business. Background With regard to ECDIS, use of ECDIS will become mandatory from 1 July 2012 by an amendment to SOLAS regulation V/19. Operating anomalies observed require attention by all concerned. Discussions 1. Transferring person at sea In general, delegations attending MSC 89 expressed support for further discussions on this item at sub-committee level. Suggestions were for STW (Joint Human Element Working Group), NAV (in relation to matters relevant to pilot transfer arrangement (SOLAS V/23)) and DE (in relation to Recovery system (a system for picking up a person fallen into the sea)). The decision was left to the Secretariat of the IMO and the chairman of the relevant sub-committee(s). 2. Operating anomalies of ECDIS Members that expressed their opinion at MSC 89 stressed that they considered this is an issue for which the IMO is responsible, rather than the IHO. Advice to all clients Although no conclusion was made at MSC 89, it is advised to recall conclusion at MSC 88, particularly MSC.1/Circ.1389 (Guidance on procedures for updating shipborne navigation and communication equipment, dated 7 December 2010) and SN.1/Circ.266/Rev.1 (Maintenance of electronic chart display and information system (ECDIS) software, dated 7 December 2010). What is Lloyd s Register doing? (Annex 16 - Any other business (agenda item 24)

53 Classification News no. 11/2011 on the ECDIS anomaly has been released. Return to overall summary at start of document. (Annex 16 - Any other business (agenda item 24)

54 Lloyd's Register briefing IMO MSC 89 Annex 17 - List of instruments adopted/approved at MSC 89 Note: IMO resolutions and circulars numbers given below are tentative and may be changed by the IMO Secretariat in the course of release of the final MSC 89 Report. List of the mandatory MSC resolutions adopted at MSC 89 Resolution No. Title Entry into force date Related to MSC.317(89) SOLAS regulation III/1.5 to introduce a Requirement to replace non-compliant lifeboat on-load release mechanisms 1 January 2013 MSC.318(89) Amendments to the IMSBC Code 1 January 2013 (1 January 2012 on voluntary basis) Amendments to mandatory instruments (agenda item 3) MSC.320(89) Amendments to the LSA Code chapter IV, Survival Craft 1 January 2013 Note Verbale of rectification Appendix to the SOLAS convention (form of certificate) Immediately List of the non-mandatory MSC resolutions and circulars adopted/approved at MSC 89 and introduced in this report MSC resolutions Resolution No. Title Intended application date Related to While legal entry into force date is 1 January 2013, the date when the requirements are actually imposed is 1 July Administrations should be reminded of early application as described in MSC.1/Circ.1393 (Annex 17- List of instruments

55 MSC.319(89) Amendments to the International Code on Intact Stability, 2008 (2008 IS Code) 19 May 2011 Amendments to mandatory instruments (agenda item 3) MSC.321(89) Amendments to the revised recommendation on testing of life-saving appliances Not stated, but should align with the entry into force of revised LSA code MSC.320(89) Ship design and equipment (agenda item 8) MSC.323(89) Amendments to the revised recommendation on testing of life-saving appliances Not stated Amendments to mandatory instruments (agenda item 3) MSC.324(89) Implementation of Best Management Practice Guidance Not stated Piracy and armed robbery against ships (agenda item 18) MSC circulars Circular No. Title Intended application date MSC.1/Circ.1392 Guidelines for the evaluation and replacement of lifeboat release and retrieval systems Not stated MSC.1/Circ.1393 Early application of new SOLAS regulation III/1.5 Not stated Related to Amendments to mandatory instruments (agenda item 3) MSC.1/Circ.1394 Generic guidelines for developing IMO Goal-Based Standards Not Stated Goal-based new ship construction standards (agenda item 5) MSC.1/Circ.1395 MSC.1/Circ.1396 Lists of solid bulk cargoes for which a fixed gas fireextinguishing system may be exempted or for which a fixed gas fire-extinguishing system is ineffective; Recommendations on the safe use of pesticides in ships applicable to the fumigation of cargo holds Not stated Not stated Dangerous goods, solid bulk cargoes and containers (agenda item 7) MSC.1/Circ.1397 Unified interpretation of SOLAS regulation III/15.1 Stowage of marine evacuation systems Not stated MSC.1/Circ.1398 Unified interpretation of SOLAS regulation II-1/29 Mechanical, hydraulic and electrical independency and failure detection and response of steering control systems Not stated Ship design and equipment (agenda item 8) MSC.1/Circ.1399 Guidelines on the procedures for in-service maintenance and repair of coating systems for cargo oil tanks of crude oil tankers Not stated (Annex 17- List of instruments

56 MSC.1/Circ.1400 Guidelines on operational information for masters of passenger ships for safe return to port by own power or under tow Not stated Stability and Load Lines and fishing vessels safety (agenda item 9) MSC.1/Circ.1401 Guidelines on tank entry for tankers using Nitrogen as an inerting medium Not stated Bulk liquids and gases (agenda item 11) MSC.1/Circ.1402 Safety of pilot transfer arrangement Not stated Flag State implementation (agenda item 12) MSC.1/Circ.1404 Guidelines to assist in the investigation of crimes of piracy and armed robbery against ships Not stated MSC.1/Circ.1405 Interim guidance to shipowners, ship operators ad shipmasters of the use of privately contracted armed security personnel onboard ship in the High Risk Area Not stated Piracy and armed robbery against ships (agenda item 18) MSC.1/Circ.1406 Interim recommendations for Flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area Not stated MSC.1/Circ.1407 Guidelines for application of SOLAS regulation II- 2/19.3 Not stated Implementation of instruments and related matters (agenda item 19) List of the STCW circulars approved at MSC 89 and introduced in this report Circular No. Title Intended application date Related to STCW.7/Circ.16 Clarification of transitional provisions relating to the 2010 Manila Amendments to the STCW Convention and Code Not stated Training and watchkeeping STCW.7/Circ.17 Advice to Port State Control authorities on transitional arrangements leading up to the full implementation of the requirements of the 2010 Manila Amendments to the STCW Convention and Code Not stated Training and watchkeeping List of draft MSC-MEPC circulars approved at MSC 89 and introduced in this report (subject to the concurrence at MEPC 62 (July 2011)) Circular No. Title Intended application date Related to To be assigned after MEPC 62 Draft MSC-MEPC Circular Unified interpretations on the application of SOLAS, MARPOL and Load Line requirements to conversions of single-hull oil tankers to double-hull oil tankers or bulk carriers Not stated Ship design and equipment (agenda item 8) (Annex 17- List of instruments

57 List of the draft Assembly resolutions approved at MSC 89 for adoption at 27 th Assembly (November 2011) that are introduced in this report Resolution No. Title Intended application date Related to Draft Assembly Resolution on the Code of Safe Practice for Ships Carrying Timber Deck Cargoes, 2011 (2011 TDC Code) (Subject to further review by DSC 16 in September) Not state Dangerous goods, solid bulk cargoes and containers (agenda item 7) Draft Assembly Resolution for the Adoption of the International Code on the enhanced programme of inspections during surveys of bulk carriers and oil tankers 2011(ESP Code) Not state Ship design and equipment (agenda item 8) To be assigned after 27 th Assembly Draft Assembly Resolution on the Amendments to the 1966 Load Line Convention Not stated Stability and Load Lines and fishing vessels safety (agenda item 9) Draft Assembly Resolution on Revised Recommendations for entering enclosed spaces aboard ships Not state Bulk liquids and gases (agenda item 11) Draft Assembly Resolution on Survey Guidelines under the Harmonized System of Survey and Certification, 2011 (revoking A.997(25) and A.1020(26)) Draft Assembly Resolution on Revised Procedure for Port State Control Not clearly stated but intended from 1 January 2012 Not stated Flag State implementation (agenda item 12) List of the draft amendments to the mandatory instruments approved at MSC 89, which will be adopted at MSC 90 (May 2012) Instrument Regulation/Title/Contents Adoption Entry into force* Related to SOLAS 1988 Load Line Protocol Regulation II-1/8-1 to introduce a mandatory requirement for either onboard stability computers or shore-based support for passenger ships which have to comply with the safe return to port requirements MSC 90 Paragraph 13.5 and annex 11 - Summer zone MSC 90 1 January January 2014 Stability and Load Lines and fishing vessels safety (agenda item 9) SOLAS Regulation III/ to introduce a New sub-paragraph 4 regarding operational test of free-fall lifeboats MSC 90 1 January 2014 Dangerous goods, solid bulk cargoes and containers (agenda item 7) (Annex 17- List of instruments

58 SOLAS Regulation XI-1/2 on Special measures to enhance maritime safety, the implementation of the ESP Code MSC 90 1 January 2014 Ship design and equipment (agenda item 8) SOLAS Regulation VII/5-2 Prohibition of the blending of bulk liquid cargoes during the sea voyage MSC 90 1 January 2014 Bulk liquids and gases (agenda item 11) SOLAS Regulation II-2/19 - carriage of dangerous goods - clarification of applicability to ships constructed between 1984 and 2002 MSC 90 1 January 2014 Implementa tion of instruments and related matters (agenda item 19) New IMO publication that is introduced in this report Title User guide for SOLAS Chapter XI-2 and the ISPS Code Related to Measures to enhance maritime security (agenda item 4) Return to overall summary at start of document. (Annex 17- List of instruments