J-17_MARAD-ABS_MOA v2.pdf

MEMORANDUM OF AGREEMENT

BETWEEN THE

MARITIME ADMINISTRATION

AND THE

AMERICAN BUREAU OF SHIPPING

REGARDING

SURVEYS AND CLASSIFICATION

OF

MARITIME ADMINISTRATION VESSELS

Effective Date: 31 July 2014

THIS PAGE INTENTIONALLY LEFT BLANK

MARAD / ABS MOA 2014

i

TABLE of CONTENTS

TABLE of CONTENTS .................................................................................................................... i

I. PARTIES

II. AUTHORITY

III. PURPOSE

IV. DISCUSSION

a. Vessel Legal Designation

b. International Convention Exemptions

c. Double-hull Exemption

d. Class Notations

V. READY RESERVE FORCE (RRF) PROGRAM MANAGEMENT

a. Program Phases

b. Readiness Status (R-Status)

c. Activations/Deactivations

d. American Bureau of Shipping (ABS) Notification

e. Ship Management Services

VI. RRF MAINTENANCE AND CLASSIFICATION REQUIREMENTS

a. General

b. Classification based on Readiness

1. ROS 4/5/10 Vessels

2. RRF 10/20/30 Vessels

c. RRF Maintenance Program

Table 1: RRF Maintenance Frequencies

d. Change in Vessel Status

e. Request for Class

f. Existing ABS Class Vessels Transferring to Maritime Administration (MARAD) Ownership ii

g. Existing Vessel Change of Class to ABS

VII. RRF SURVEYS

a. General

b. Surveys at No-Notice Activation

1. ROS 4/5/10 Vessels

2. Inactive (RRF 10/20) Vessels

3. Inactive (RRF 30) Vessels

c. Reactivation Surveys

1. No-Notice

i) Inactive (RRF 10/20) Vessels

ii) Inactive (RRF 30) Vessels

2. Other than No-Notice

i) Inactive (RRF 10/20/30) Vessels

d. Special Surveys for ROS 4/5/10 Vessels

e. Annual Surveys of Lay-Up for RRF 10/20/30 Vessels

f. Progression of Special Surveys for RRF 10/20/30 Vessels

g. Drydocking

Table 2: Drydock Frequency for the MARAD ROS/RRF Vessels

h. Load Line Inspections

1. Load Line Certification for ROS 4/5/10 Vessels

2. Load Line Certification for RRF 10/20/30 Vessels

i. Voluntary Compliance

j. Survey Planning

k. Survey Scheduling

l. Crane Slew Ring Bolts

m. Survey Harmonization with Certificate of Inspecton (COI)

VIII. NATIONAL DEFENSE RESERVE FLEET

a. National Defense Reserve Fleet – Excluding vessels of the RRF, School Ships and Unique Purpose Ships

b. School Ships iii

1. School Ship Management and Coordination

2. School Ship Maintenance Frequency

Table 3: School Ship Maintenance Frequencies

3. School Ship Drydocking

4. School Ship International Safety Management (ISM)

5. School Ship No-Notice Missions

c. Unique Purpose Ships

IX. VESSEL REPAIRS, ALTERATIONS AND PLAN APPROVAL

X. SPECIAL SITUATIONS AND CONSIDERATIONS

XI. NATIONAL DEFENSE WAIVER

XII. INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR)

XIII. APPEALS

XIV. COORDINATION

a. Program Review

b. ABS-MARAD Quality Action Team

XV. POINTS OF CONTACT (POC)

XVI. OTHER PROVISIONS

XVII. MODIFICATION AND THIRD PARTY RIGHTS

XVIII. TERMINATION AND DISAGREEMENTS

XIX. EFFECTIVE DATE

XX. APPROVED BY

MARAD-ABS MOA ANNEX REVISION HISTORY ................................................. AnnexRev-i

ANNEX I: GLOSSARY ............................................................................................................... I-2

ANNEX II: COMMAND, CONTROL AND COMMUNICATIONS ........................................ II-1 iv

a. Introduction ..................................................................................................................... II-1

b. ABS/U.S. Coast Guard (USCG)/MARAD Organization ............................................... II-1

c. Organizational Points of Contact .................................................................................... II-1

1. Overview ABS/USCG/MARAD .............................................................................. II-1

2. Inspection Scheduling and Conduct ......................................................................... II-1

3. Coordination ............................................................................................................. II-2

4. School Ship Management and Coordination ............................................................ II-2

Figure 1: Organization Points of Contact – RRF ................................................................... II-3

Figure 2: Organization Points of Contact – School Ships ..................................................... II-4

ANNEX III: Program for Barges ................................................................................................ III-1

ANNEX IV: ABS Resources ..................................................................................................... IV-1

ANNEX V: ABS Class Notations and Symbols Applicable to MARAD Vessels ...................... V-1

ANNEX VI: ABS - MARAD Quality Review and Improvement Team Charter ...................... VI-1

ANNEX VII: Voluntary Compliance (Interim Procedures and Checklist) .............................. VII-1

a. Interim procedures for recent International Conventions ............................................ VII-1

1. Maritime Labor Convention (MLC) ...................................................................... VII-1

2. International Energy Efficiency Certificate (IEE) ................................................. VII-2

3. Ballast Water Management (BWM) ...................................................................... VII-2

b. Modified Requirements on MARAD Vessels ............................................................. VII-2

Table 4: ABS Checklist Extract for Statement of Voluntary Compliance ..................... VII-4

ANNEX VIII: MOA Official Points of Contact ...................................................................... VIII-1

ANNEX IX: List of MARAD Vessels (RRF, School Ship, Unique Purpose and Bareboat Charter) ....................................................................................................................................... IX-1

MEMORANDUM OF AGREEMENT

BETWEEN THE

MARITIME ADMINISTRATION

AND THE

AMERICAN BUREAU OF SHIPPING

REGARDING SURVEYS AND CLASSIFICATION

OF MARITIME ADMINISTRATION VESSELS

I. PARTIES

The parties to this Memorandum of Agreement (MOA) are the Maritime Administration (MARAD) and the American Bureau of Shipping (ABS).

II. AUTHORITY

This MOA is authorized under the regulatory provisions of 46, Shipping, and applicable U.S.

Coast Guard (USCG) Navigation and Vessel Inspection Circular. The governing sections include the following:

a. 46 USC Section 2109 – Public vessels

b. 46 USC Section 3301 – Vessels Subject to Inspection

c. 46 USC Section 3309 – Certificate of Inspection

d. 46 USC Section 3316 – Classification Societies

e. 50 USC App. Section 1744 – National Defense Reserve Fleet

f. Navigation and Vessel Inspection Circular No. 02-95 Change - 2

III. PURPOSE

This MOA sets forth policies and procedures to be followed by MARAD and ABS for the survey and classification of MARAD’s National Defense Reserve Fleet (NDRF) including Ready Reserve Force (RRF) vessels, School ships and Unique Purpose vessels. These vessels are public vessels of the United States, owned and operated by MARAD for the U.S. Department of http://www.gpo.gov/fdsys/pkg/USCODE-2011-title46/pdf/USCODE-2011-title46-subtitleII-partA-chap21-sec2109.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2011-title46/pdf/USCODE-2011-title46-subtitleII-partB-chap33-sec3301.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2011-title46/pdf/USCODE-2011-title46-subtitleII-partB-chap33-sec3309.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2011-title46/pdf/USCODE-2011-title46-subtitleII-partB-chap33-sec3316.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2011-title50/pdf/USCODE-2011-title50-app-saleofsur-sec1744.pdf http://www.uscg.mil/hq/cg5/nvic/pdf/1995/NVIC%2002-95ch2.pdf

Transportation (DOT). These vessels are generally maintained in either “active” Reduced Operating Status (ROS) or “inactive” Ready Reserve Force (RRF) status as reserve sealift assets for national defense and other non-commercial maritime purposes. This MOA identifies and describes issues associated with NDRF vessels, giving particular attention to those conditions that differ from the “normal” classification requirements of active, commercial vessels.

The following Annexes are included in this MOA:

Annex I Glossary Annex II Command, Control and Communications Annex III Program for Barges Annex IV ABS Resources Annex V ABS Class Notations Applicable to MARAD Vessels Annex VI ABS-MARAD Quality Action Team Charter Annex VII Voluntary Compliance (Additions and Checklist) Annex VIII MOA Official Points of Contact Annex IX List of MARAD Vessels (RRF, School Ship, Unique Purpose and

Bareboat Charter)

IV. DISCUSSION

The RRF was established in 1976 as a surge component of MARAD’s NDRF. Today, the RRF is a key element of the Department of Defense (DOD) Strategic Sealift Program that provides reliable and responsive shipping to support the deployment of U.S. Armed Forces worldwide.

RRF vessels are maintained in a high state of readiness and provide for rapid availability of U.S.

Government equipment and supplies to support deployment of personnel via worldwide shipping in support of global military defense operations and disaster relief. MARAD is responsible for ensuring that RRF vessels can be activated and transitioned to their fully operational status within their assigned Readiness Status (R-Status 4, 5, 10, 20 or 30 days) in order to meet and perform mission requirements. For DOD specific operations, RRF vessels are under the Operational Control (OPCON) of the Navy’s Military Sealift Command (MSC). However, in certain circumstances, the RRF and other NDRF vessels may be under the OPCON of MARAD or other Federal or state entities with respect to School Ships. Regardless of OPCON, MARAD retains administrative control for the inspection, certification, classification, maintenance, repairs and operation of RRF and NDRF vessels.

ABS is recognized in Title 46 United States Code (USC), Section 3316 as the U.S.

Government’s agent for the classification of publicly owned vessels and for matters related to classification. ABS has been a principal team member surveying U.S. sealift assets for fitness for their intended purposes. As MARAD intends to class all of its RRF vessels, School Ships and Unique Purpose Ships, such classification services will be obtained from ABS.

a. Vessel Legal Designation

All NDRF and RRF vessels are legally designated as public vessels; they are fully documented (except School Ships) with the USCG’s National Vessel Documentation Center with Certificates of Documentation validating ownership, nationality (i.e., flag), official number assigned and home port, etc. Each RRF vessel displays a Certificate of Public Vessel Status on the navigation bridge with other key documentation. Title 46 USC Section 2109 and 50 USC. App. Section 1744(c)(1)(E) recognize MARAD vessels as public vessels, but stipulates vessels under DOT are subject to certain vessel inspection laws.

b. International Convention Exemptions

Because of their public vessel status and national defense operations, NDRF and RRF vessels are exempt from certain international convention regulations such as the Safety of Life at Sea (SOLAS) and Prevention of Pollution from Ships (MARPOL). These public vessels are not engaged in time and voyage charters, do not require international convention certificates and only receive a USCG Certificate of Inspection (COI). However, the International Maritime Organization (IMO) and its associated conventions recommend complying with international treaties and regulations. As a matter of policy, MARAD will comply with the requirements of the international regulations to the maximum extent practicable. NDRF and RRF vessels must comply with applicable requirements of the international conventions that have been adopted into U.S. laws and regulations. Refer to Voluntary Compliance in Section VII below and Annex VII for clarification on how RRF vessels voluntarily comply. RRF vessels are classed and maintained with ABS, and generally conform to regulatory requirements typical of U.S. cargo, tank vessel and special mission vessels.

c. Double-hull Exemption

Currently, by USCG regulation at 33 CFR 155.100(b)(1), RRF tank vessels are exempt from complying with the double-hull requirements prescribed by the Oil Pollution Act of 1990.

d. Class Notations

MARAD must request notations, either as part of the Request for Class or a subsequent change, in order for ABS to apply them. Refer to Annex IV for ABS Resources. Refer to Annex V for ABS Class Notations applicable to MARAD Vessels. Guidance may be requested from ABS for any notations considered.

V. READY RESERVE FORCE (RRF) PROGRAM MANAGEMENT

a. Program Phases

To meet readiness requirements established for the RRF, MARAD has two phases for management, which consist of:

1. Phase M for Maintenance

2. Phase O for Operations

Expanded definitions are included in Annex I and Section VI below.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=479561404f59daa4def0b22483e8adf3&rgn=div5&view=text&node=33:2.0.1.5.24&idno=33#33:2.0.1.5.24.1.179.1

b. Readiness Status (R-Status): At the direction of the U.S. Transportation Command (USTRANSCOM), RRF vessels are maintained in one of several levels of readiness, designated as either ROS 4/5/10 or RRF 10/20/30. Normally, ROS 4/5/10 vessels are partially manned with hotel systems operational. ROS crews perform inspections, routine repairs and preventive maintenance as well as periodically operating equipment and systems.

Normally, RRF 10/20/30 vessels are unmanned and maintained in a state of deep lay-up, generally at one of MARAD’s three NDRF sites (James River Reserve Fleet at Fort Eustis, VA; Beaumont Reserve Fleet at Beaumont, TX and Suisun Bay Reserve Fleet at Benicia, CA). To prevent deterioration in lay-up, equipment and systems are typically preserved, critical spaces dehumidified and sea chests are blanked.

c. Activations/Deactivations. RRF vessels may be activated for a variety of purposes.

Principally, activations are initiated for maintenance, readiness testing or to support a DOD mission or exercise. There are four types of activations:

1. “No-Notice” Activation. This is an activation with little or no pre-emptive warning that it will occur. During “No-Notice” activations, vessels are activated in accordance with their assigned readiness criteria. The pace is generally accelerated and meeting activation timeframes is critical to the success of the activation. There are two sub-categories of “No-Notice” activations:

i. “No-Notice Mission” Activation is a DOD or MARAD directed activation to support a contingency or operation.

ii. “No-Notice Turbo” Activation is a USTRANSCOM initiated test of surge sealift vessels to validate the ability of the vessel to activate within the designated R-status period and be “Ready to Tender” (prepared to receive cargo or perform mission operations).

2. “Notice Mission” Activation. This is the same as a No-Notice Mission activation with the exception that the ship manager will be provided a specific date to have the vessel Ready for Tender. Typically, the activation period will be in excess of the designated R-status requirement for a Notice Mission Activation. Notice Mission activations usually support a planned DOD exercise.

3. “Maintenance” Activation and Sea Trial. The maintenance activation and sea trial is utilized for the purpose of exercising and validating equipment and installations not operated or only capable of limited testing during reduced operating or lay-up status.

“Maintenance” activations are strictly for maintenance purposes as shown in Table 1.

4. “Other” Activation. The vessel may be activated for other reasons such as sailing in lieu of towing to a shipyard for drydocking or to validate or complete maintenance activities.

Notice Mission, Maintenance and Other activations are scheduled and planned in advance.

The pace is generally slower than No-Notice activations, and the activation timeframes are often not critical.

Following activation and any subsequent operation, the vessel is returned to either ROS 4/5/10 or RRF 10/20/30 status through deactivation. The deactivation process is frequently used as an opportunity to make repairs and schedule inspections and surveys.

d. ABS Notification. MARAD headquarters (HQ) will notify the Assistant Chief Surveyor via email and fax when a no-notice activation occurs, identifying the vessel, Ship Manager or General Agent as applicable, the activation location and the vessel R-status. No-notice activation notification at the local level will be made as part of any request for survey, if necessary. The scope of ABS survey(s) at activation is defined in Section VII. For Notice activations, MARAD, through its Ship Manager or General Agent, will provide advance notification to the local ABS Principal Surveyor to facilitate scheduling of requested surveys.

e. Ship Management Services. The day-to-day management of RRF vessels is assigned to commercial ship management companies under either a Ship Manager Contract or General Agency task order. While General Agency tasks are usually temporary, the responsibilities of a General Agent are generally the same as that of a Ship Manager. So for the purposes of this MOA, the terms are interchangeable. Primary oversight of Ship Managers is provided by MARAD Area Division(s) of Operations to which the vessel(s) is(are) assigned.

Ship Managers manage all aspects of RRF vessel maintenance and operations. Ship Managers are contractually responsible for maintaining RRF vessels in class and certificated, and are responsible for their overall material condition and readiness. The Ship Manager is responsible for requesting ABS surveys, with the Port Engineer designated as the primary Point-of-Contact for requested vessel inspections (refer to Annex II).

The Ship Manager is the designated billing entity for survey fees and is contractually responsible for the processing and payment of invoices. However, ABS shall have the right to address serious delinquencies in invoice payments directly to MARAD.

VI. RRF MAINTENANCE AND CLASSIFICATION REQUIREMENTS

a. General

RRF vessels are maintained in class with ABS, and, in general, conform to the regulatory requirements typical of commercial U.S. flag cargo and tank vessels. RRF vessels are issued full convention loadline and tonnage certificates, and may be issued Statements of Voluntary Compliance for Safety Construction, Safety Equipment, Safety Radio and International Oil Pollution Prevention (refer to Section VII - Voluntary Compliance). Taken together these certificates are collectively referred to as “International Trading Documents.”

RRF vessels will normally achieve the COI requirements via the USCG’s Alternate Compliance Program (ACP). Under the ACP, the USCG will accept surveys performed by ABS as equivalent to tests and examinations required for initial and in-service inspections for certification, periodic re-examination and drydock examinations.

MARAD intends that RRF vessels will proceed to sea fully classed with valid International Trading Documents. National security considerations may make it necessary for a vessel to get underway without full certification. In such cases, a National Defense Waiver shall be obtained by the Department of the Navy, Commander, MSC or other authorized Federal officials (refer to Section XI – National Defense Waiver).

RRF vessel survey requirements vary based on their assigned program management phase.

While vessels are in Phase M, they will comply with requirements set out in this MOA.

Vessels that are in Phase O will comply with all applicable ABS Rules and Federal regulations, in the same manner as commercial vessels. Selected RRF vessels have been, or may be, modified for a specific military function. In general, such modifications are performed in accordance with all normally applicable rules and regulations, except where military equipment is installed. Military equipment inspection requirements will be developed on a case-by-case basis.

Routine day-to-day management of the RRF is conducted with ships in Phases M and O;

therefore, the following discussion considers these Phases only.

Phase M – Maintenance. RRF vessels, whether in inactive RRF status or in active ROS status, are generally assigned to Phase M when they are not operating for a mission or a test activation. Phase M maintenance activations and cycles are based on a vessel’s assigned R-status, which are shown in Table 1. Vessels remain in phase M when conducting maintenance and test activations and associated sea trials. During Phase M, survey intervals will be in accordance with this MOA.

Phase O – Operation. RRF vessels, whether in inactive RRF status or in active ROS status, are generally assigned to Phase O when they are operating for a mission or a test activation. During Phase O, survey intervals will be in accordance with ABS Rules.

b. Classification based on Readiness

1. ROS 4/5/10 Vessels. These vessels will be considered active vessels by ABS. MARAD will maintain the classification of ROS vessels up to date. ROS vessels will receive notices of due and overdue surveys and will be subject to suspension and cancellation of classification for overdue surveys. The vessels are to be fully classed and fit to proceed within 4 or 5 or 10 days. Outstanding recommendations concerning fitness to proceed and/or overdue surveys are to be completed prior to departure from the outport.

However, it will not be necessary to conduct an activation survey for an ROS 4 or 5 or 10 vessel entering Operations. Annex IX provides the current list of ROS 4/5/10 vessels.

2. RRF 10/20/30 Vessels. These vessels will be considered Laid-Up vessels by ABS and will not receive notices of due and overdue surveys. These vessels will not be subject to suspension and cancellation of classification due to the passage of time. Although surveys for Laid-Up vessels need not be progressed, to satisfy readiness requirements MARAD will perform routine preventative maintenance at the specified frequency (refer to Table 1) and may voluntarily progress surveys on these vessels.

Vessels within this category will also be laid-up in accordance with Lay-Up specifications submitted by MARAD for approval. These specifications are to be in general compliance with the latest version of the “Steel Vessel Rules, Part 7, Appendix, Section 3 (7-A-3): Vessel Lay-up and Reactivation.” Individual vessel or vessel class specific maintenance procedures (known as “Phase M Maintenance Procedures”) will also be submitted for ABS approval.

Annex IX provides the current list of RRF 10/20/30 vessels.

c. RRF Maintenance Program

The level of maintenance on RRF vessels is based on the readiness criteria described in Table 1 below. The RRF Preventative Maintenance Program (PMP) includes Planned Maintenance (PM), Condition Monitoring (CM) and planned activations culminating in dock or sea trials. The frequency of maintenance actions and the type of activation trial are dependent on assigned readiness.

A PMP is designed to help ensure that a ship is maintained in operational condition through exercising, maintenance, inspection and testing of ship systems and equipment.

Preventative maintenance of equipment and machinery is performed on a cyclical basis, at intervals shown in Table 1. The Maintenance Plan for each vessel is maintained onboard within the Nautical System 5 (NS-5) maintenance database.

Maintenance activations are carried out to conduct operational tests of equipment and systems. Dock trials involve activation of the vessel’s machinery plant, but the vessel does not go to sea. Regulatory inspections and surveys, including COI renewal and mid-period inspections, are scheduled to coincide with dock and sea trials whenever possible.

RRF vessels are maintained using preventative maintenance techniques. Therefore, classification of the vessels may be maintained using approved PM and CM schemes generally in accordance with the latest version of the “ABS Rules, SVR 7-A-14, Surveys Based on Preventative Maintenance Techniques,” with modified frequencies as listed in Table 1 – RRF Maintenance Frequencies. MARAD intends to enroll most ROS 4/5/10 vessels and may enroll RRF 10/20/30 vessels in the ABS PMP. MARAD will determine which RRF vessels will enroll in PMP (PM and/or CM) and its Ship Manager/General Agent will submit the enrollment request to ABS. MARAD agrees to ensure that its Ship Managers/General Agents submit, and ABS agrees to approve, a CM Plan incorporating the frequencies listed in Table 1. The Table 1 intervals are notional minimum requirements and the frequency may be increased at MARAD’s discretion.

Table 1: RRF Maintenance Frequencies Maintenance Category/R-Status ROS-4/5/10 RRF-10 RRF-20 RRF-30

Outported Yes (3) No (4) No No

ROS Crew Yes No (5) No No

Maintenance Activation w/Dock Trial Annual(1) None None None

Maintenance Activation w/Sea Trial Twice in 5 years (2) Twice in 5 years (2) Once in 5 years Once in 5 years

Planned Maintenance Cycle Continuous 6 months 1 year 1 year

Vibration Analysis Twice in 5 years (2) Twice in 5 years (2) Once in 5 years Once in 5 years

Main Diesel Engine Analysis Twice in 5 years (2) Twice in 5 years (2) Once in 5 years Once in 5 years

Lube Oil Analysis 6 months 6 months At activation (6) At activation (6)

Diesel Engine crankshaft deflection Annual(1) Twice in 5 years (2) Once in 5 years Once in 5 years

Cylinder Drain Lube Oil Analysis Twice in 5 years (2) Twice in 5 years (2) Once in 5 years Once in 5 years

Infrared Photographic Thermography Twice in 5 years (2) Twice in 5 years (2) Once in 5 years Once in 5 years

Insulation Resistance (Low Voltage) and Megger Test (High Voltage) Annual Annual Once in 5 years Once in 5 years

Diesel Engine Scavenge Port Inspection (2 stroke propulsion engines only) Twice in 5 years (2) Twice in 5 years (2) Once in 5 years Once in 5 years

Notes:

(1) Dock trials to be scheduled in non-sea trial fiscal years. These dock trials can be used to support regulatory requirements.

(2) Sea Trials twice in 5 years (One Post Drydock and One Intermediate).

(3) Generally outported, however some may be located at NDRF sites.

(4) Generally located at NDRF sites, however some may be sited at outport locations.

(5) Generally without crew, however some vessels may have a small retention crew.

(6) MARAD, at its own discretion, may elect to do some equipment, e.g. stern tube, more frequently.

d. Change in Vessels Status

MARAD (or MARAD’s contracted Ship Manager/General Agent) will notify ABS that a vessel has been laid-up or R-status changed (e.g. ROS 4/5/10 or RRF-10/20/30). This status will be noted in the Record and surveys falling due during lay-up will be held in abeyance until the vessel is reactivated. Applicable surveys will be conducted as listed for the applicable vessel status in this MOA.

e. Request for Class

MARAD Headquarters Chief, Division of Maintenance & Repair (or MARAD’s contracted General Agent/Ship Manager) will submit Request for Class on newly constructed vessels.

MARAD Headquarters Chief, Division of Maintenance & Repair (or MARAD’s contracted General Agent/Ship Manager) will make Requests for Class on existing vessels transferred to MARAD. Prior to commencement of plan review or survey, ABS will advise MARAD (and MARAD’s contracted General Agent/Ship Manager) what class the vessel is eligible to receive and will provide the plan review and survey requirements necessary to class the vessel. If requested by ABS in order to determine the classification requirements, MARAD (or MARAD’s contracted General Agent/Ship Manager) will make the vessel available for a Condition Survey, provided ABS confirms the scope of the Condition Survey prior to commencement.

f. Existing ABS Class Vessels Transferring to Maritime Administration (MARAD) Ownership

Upon notification from MARAD that it has become the owner of an existing ABS class vessel, ABS shall provide MARAD (and MARAD’s contracted General Agent/Ship Manager) with access to the vessel’s on-line SafeNet information, and access to all of the vessel’s previous class records on file with ABS.

g. Existing Vessel Change of Class to ABS

Upon request by MARAD (or MARAD’s contracted General Agent/Ship Manager) to change a newly acquired MARAD vessel’s class from a Classification Society other than ABS, to ABS class, ABS would follow the procedures of International Association of Classification Societies (IACS) Procedural Requirement 1A “Procedures for Transfer of Class.” Latest revision of this document may be obtained from any ABS office or from the IACS website at http://www.iacs.org.uk.

VII. RRF SURVEYS

a. General. To provide MARAD flexibility to schedule needed work to coincide with vessel drydock examinations, activations or deactivations following operations, surveys may be credited with outstanding requirements. ABS will promptly notify MARAD when a ship does not comply with ABS Rules or statutory regulations. The results of each survey shall be accurately recorded within the applicable section in ABS SafeNet within five (5) business http://www.iacs.org.uk/ days.

b. Surveys at No-Notice Activation. As described in Section V, No-Notice Activations may be initiated either for test purposes or for an emergent DOD requirement. Surveys during No-Notice Activations are to be limited based on the activation timeframe.

1. ROS 4/5/10 vessels. These vessels are normally to be classed and fit to proceed within 4 or 5 or 10 days; therefore, Reactivation Surveys are not required.

Outstanding recommendations concerning fitness to proceed are to be completed prior to departure from the outport. Due surveys may be considered for completion provided they will not interfere with the activation.

2. Inactive (RRF 10/20) vessels. Reactivation Surveys are required as described in

Section VII.c. If necessary, International Trading Documents may be issued that are valid for 15 months. Overdue surveys and outstanding requirements will be completed within 15 months of activation.

3. Inactive (RRF 30) vessels. Reactivation Surveys are required as described in Section VII.c. If less than five (5) years have elapsed from the date of lay-up, International Trading Documents may be valid for 15 months. Overdue surveys and outstanding requirements will be completed within 15 months of activation. For vessels that have been laid-up longer than five (5) years, all overdue surveys will be completed during the activation period.

c. Reactivation Surveys. These surveys normally apply only to inactive vessels (i.e., RRF

10/20/30) and do NOT apply to ROS 4/5/10 vessels.

1. No-Notice

i) Inactive (RRF 10/20) Vessels. Reactivation Surveys of vessels in these categories shall generally be in accordance with the “ABS Guide for Lay-up and Reactivation of Laid-up Ships” and may be limited with due consideration given for the conditions of lay-up, including ABS approved MARAD Lay-Up Specifications and Phase M Maintenance Procedures, routine Dock Trial and Sea Trials and the status of the USCG COI. Intrusive type surveys, such as internal inspection of tanks and opening up machinery, are not normally required.

ii) Inactive (RRF 30) Vessels. Reactivation Surveys of vessels in this category are required in accordance with the “ABS Guide for Lay-up and Reactivation of Laid-up Ships.”

2. Other than No-Notice

i) Inactive (RRF 10/20/30) Vessels. Reactivation Surveys of vessels in this category are required in accordance with the “ABS Guide for Lay-up and Reactivation of Laid-up Ships” to the extent they are not covered by other survey procedures being performed.

d. Special Surveys for ROS 4/5/10 Vessels. Surveys for these vessels will be due in accordance with the most recent Rule requirements and will generally follow a 5-year cycle although special situations may exist and are covered in other sections of this document.

e. Annual Surveys of Lay-Up for RRF 10/20/30 Vessels. MARAD lay-up procedures are to be verified as follows:

1. Dehumidification systems maintaining the relative humidity in all critical spaces and equipment at 38 to 41%;

2. Cathodic protection system for the hull operating satisfactorily;

3. Systems to detect flooding and sound an alarm operating;

4. Preservation of the hull, decks, deck houses, machinery and equipment appears satisfactory;

5. Cargo gear including booms, blocks, runners, etc. maintained in accordance with the applicable Phase M Procedures; and

6. Ballast tanks either empty or filled with fresh water and appropriate chemicals added to retain their ability to retard corrosion and microbial activity within the tank.

f. Progression of Special Surveys for RRF 10/20/30 Vessels. Surveys for these vessels will be held in abeyance as allowed by the “ABS Rules, SVR 7-A-3, Vessel Lay-Up and Reactivation.” However, the maximum interval between examinations for special survey items will not exceed ten (10) years. In order to qualify for this extended Special Survey period, vessels must meet the following requirements:

1. Comply with MARAD standard lay-up procedures;

2. Comply with MARAD Phase M Maintenance procedures;

3. Complete Annual Surveys of Lay-up;

4. Maintained in extended lay-up a minimum of five (5) years (cumulative) during the applicable ten (10) year special survey period; and

5. MARAD will strive to maintain a condition monitoring program for these vessels during lay-up and periodic reactivations, particularly with regards to oil analysis (lube oil and hydraulic oil). A list of machinery covered by this modified condition monitoring program will be submitted to ABS for entry on the SAFENET Survey Status system.

g. Drydocking. RRF vessels fall into one of three drydocking intervals:

1. Normal twice in five (5) year interval typical of active commercial vessels;

2. Five (5) year interval with drydocking exams scheduled every five years; and

3. Ten (1) year interval with an intermediate exam or exams (see below).

Unless otherwise requested by MARAD, the scope of drydocking intervals includes all external and internal hull exams normally conducted in conjunction with the drydocking inspection (i.e., the Internal Structural Examination [ISE], Cargo Tank Internal Examination [CTIE], tailshafts, sea connections and hull fittings). Those vessels which have a permanent cathodic protection system installed will have the system inspected and serviced regularly.

For vessels which are not fitted with hull blanks (typically ROS 4/5/10 and RRF 10 vessels), maintenance, dock and sea trial procedures must contain specific actions to assure that marine growth or foreign material is not restricting the flow of water through sea chests or salt water piping.

MARAD is responsible for tracking accumulated operating time for ROS 4/5/10 and RRF 10/20/30 vessels. Note that the operating time for ROS 4/5/10 vessels is only those periods of time when the vessel is fully crewed and active. When a vessel accumulates three

(3) years of operating time during the five (5) or ten (10) year interval, an appropriate underwater exam will be scheduled immediately. Limited extensions of drydocking may be granted by the Officer in Charge Marine Inspections (OCMI) and ABS Americas Assistant Chief Surveyor up to 90 days. MARAD (or its Ship Manager/General Agent) shall submit requests for any further extensions to USCG HQ - COMDT (CG-CVC-1) and ABS HQ - Assistant Chief Surveyor, Americas for approval.

Table 2: Drydock Frequency for the Maritime Administration ROS/RRF Vessels Vessel Type Twice in

Five Years Five

Years Ten

Years Intermediate

Drydocking or

UWILD

Tank and Pre-positioned Yes Yes(1)

ROS 4/5 /10 and RRF 10/20/30 with > 3 years of cumulative operating time Yes Yes(1)

ROS 4/5/10 with < 3 years of cumulative operating time Yes Yes(2)

RRF 10/20 with < 3 years of cumulative operating time Yes Yes(2)

RRF 30 Yes(3) Yes(4)

Notes:

(1) Intermediate exams may be Underwater Inspection In-Lieu-Of Drydockings (UWILD), if the vessel has been previously prepared and found eligible for such an exam. Tankers over 15 years of age are not permitted to use UWILD.

(2) The intermediate exam or UWILD will be waived for vessels in this interval unless triggered by cumulative operating time, provided the following are found satisfactory by the ABS Surveyor:

a) Verify the vessel has no record of groundings, collisions or allisions that would need to be considered for a drydocking.

b) Verify cathodic protection system for the hull is operating satisfactorily.

c) Verify systems to detect flooding and sound an alarm are installed and operating satisfactorily in the engine room, shaft alley and any other spaces considered appropriate, and there were no alarms of record that would require the vessel to be drydocked.

d) If considered necessary, verify by a qualified diver’s modified (no TV camera) examination (usually at the time of an activation) that there are no apparent conditions of a concern on the vessel’s underwater body or appendages.

(3) Vessels selected for a ten (10) year drydocking interval must meet both USCG and ABS Rule requirements for UWILD, whether or not UWILDs will be part of the underwater examination sequence. Before (or as part of) an application for ten (10) year drydocking interval is submitted, RRF vessels will be prepared to the following minimum standards:

a) .Have a high build, high performance anti-corrosive and anti-fouling underwater paint system, and be appropriately marked to facilitate underwater inspection by divers;

b) Have a permanent cathodic protection system installed and serviced/renewed as appropriate; and

c) Be fitted with arrangements to measure stern tube and rudder bearing clearances.

(4) MARAD may request and ABS agrees to grant an intermediate underwater examination waiver at the fifth year providing that the vessel has not accumulated more than three (3) years of operating time during the five (5) year interval. An appropriate underwater exam will be scheduled immediately for vessels with more than three (3) years of accumulative operating time during the five (5) or ten (10) year interval.

Vessels approved for a ten (10) year drydocking interval must be approved in writing by the cognizant OCMI, and appropriate notations in the Marine Information for Safety and Law Enforcement (MISLE) database must be entered. Eligibility by vessel type for the ten (10) year drydocking interval will be in accordance with applicable 46 CFR eligibility criteria (i.e., tank vessels are ineligible). Maximum age restrictions for entry into the extended drydocking intervals may be waived for RRF vessels.

Intermediate underwater examinations may be either UWILDs or drydockings, restricted to examination of the underwater hull only. In certain circumstances, vessels which are eligible for UWILD examination may be drydocked when water clarity precludes the successful conduct of a UWILD exam (in accordance to NVIC 1-89 visibility requirements). In these circumstances, the scope of the drydock examination is limited to the same level of inspection as the UWILD (i.e., external visual inspection of the underwater hull, sea chests and sea valves and tailshaft/rudder pintle bearing clearances).

All RRF vessels will be subject to the Table 2 – Drydock Frequency intervals for ABS classification drydocking surveys and their SAFENET status will show due dates based upon Table 2. Due to the stand-by service of the vessels, the Surveyors will waive the Intermediate drydocking (or UWILD) under the conditions noted in Table 2.

Since RRF 10, 20 and 30 vessels are considered in an ABS laid-up status; there is no ABS classification requirement to progress drydocking surveys. However, MARAD has a regular drydocking program at which time these vessels will be presented for credit.

h. Load Line Inspections. RRF vessels carry International Convention Load Line Certificates.

The USCG has required that the vessels be in full compliance in order to carry Load Line marks. Load Line renewal surveys will be requested at each scheduled drydocking.

1. Load Line Certification for ROS 4/5/10 Vessels. To satisfy readiness requirements, the vessels must maintain a full term Load Line certificate. It is recognized that the requirements for renewal of a Load Line Certificate are less detailed than those for maintaining classification. Therefore, it is possible for a Surveyor to complete the Load Line Renewal survey even though the Special Survey of Hull has only been commenced.

If the vessel is in full compliance with the Load Line Regulations, the Load Line Certificate will remain valid for a period of five (5) years.

2. Load Line Certification for RRF 10/20/30 Vessels. Not required to satisfy readiness requirements. On occasions of Activation and provided the Cognizant Officer in Charge of Marine Inspection concurs, vessels that do not have a credited drydocking within five

(5) years of an intended period of operation may be issued a Provisional Load Line Certificate. Issuance of the Provisional Load Line Certificate will be subject to internal and external structural examination of the vessel to determine the fitness of the vessel to proceed for the requested period. The examination is to be to the satisfaction of the attending Surveyor and is to include a diver’s examination of the underwater body of the vessel and its appendages. At the discretion of the Surveyor, the average thickness of the vessel’s hull may be required to be determined and repairs made to satisfy the surveyor of the vessel’s fitness to proceed.

i. Voluntary Compliance. As a matter of policy, reflecting MARAD’s decision to be a leader in the fields of marine pollution control and safety, MARAD will voluntarily comply, to the maximum extent practicable, with the laws, treaties and international conventions listed in Section IV.b. and with all other environmental and safety laws from which MARAD is exempt, even though there is no legal requirement. This should not be construed as a waiver of the public vessel status of RRF vessels or the granting of rights to any third parties. Full compliance with the applicable Code or Convention will be documented by ABS, with issuance of a Statement of Voluntary Compliance (SOVC). A SOVC is used for two reasons. First, compliance of public vessels is voluntary, not mandatory, and the header of the SOVC reflects this. Second, public vessels have sovereign immunity and are not subject to inspection or enforcement actions by foreign regulatory authorities. A SOVC provides evidence of compliance, but does not jeopardize the vessel’s sovereign immunity status or expose it to inspection and enforcement actions associated with carriage of an International Certificate.

Issuance of a SOVC requires the same plan review, initial and periodical inspections as an International Certificate. A SOVC is recognized by all international authorities as evidence that the ship complies with the applicable Code or Convention. On MARAD ships, where full compliance with international requirements may not be possible, Statements of Fact (SOF) may be requested to document specific elements of compliance. MARAD (or MARAD’s contracted Ship Manager/General Agent) will apply to ABS for, and ABS agrees to conduct plan review and surveys required to issue and maintain a valid SOVC or SOF for:

1. SOLAS Cargo Ship Safety Construction Certificate

2. SOLAS Cargo Ship Safety Equipment Certificate

3. Cargo Ship Safety Radio

4. International Oil Pollution Prevention Certificate (MARPOL 73/78 Annex I)

5. International Sewage Pollution Prevention (MARPOL 73/78 Annex IV)

6. International Air Pollution Prevention Certificate (MARPOL 73/78 Annex VI)

7. International Anti-fouling System Certificate (AFS)

8. International Safety Management (ISM) -Voluntary Safety Management Certificate

9. Other recent International Conventions – in accordance with Annex VII of this MOA.

10. Any other International Conventions which subsequently become effective and

MARAD decides to request SOVC.

ROS 4/5/10 and RRF 10/20/30 vessels in Phase M, that meet the applicable Code or Convention requirements as modified in Annex VII of this MOA and the requirements as set out in each SOVC will receive a SOVC certificate. ROS 4/5/10 and RRF10/20/30 vessels that are in Phase O will comply, to the maximum extent practicable, with all applicable SOVC requirements, in the same manner as commercial vessels.

j. Survey Planning

Before finalizing the shipyard repair specifications and solicitation package for drydockings, special periodic surveys and intermediate surveys, MARAD’s Ship Manager/General Agent will schedule a Survey planning meeting with the vessel homeport’s ABS Surveyor/Principal Surveyor. The Ship Manger will submit a proposed Survey Plan for ABS approval. The Survey Plan will list all Surveys and all open and inspect items - including machinery, tanks, hull gauging, hull coating, shafting, propeller, rudder, sea valves and anchor chain, etc. -which will be accomplished during the availability. The Survey Plan will be a modified version of the Sample Survey Plan for Intermediate and Special Periodical Surveys for General Dry Cargo (ESDC) Vessels, ABS Steel Rules, Part 7, Appendix, Section 8.1.

The homeport Principal Surveyor will provide a copy of his/her approval to the Ship Manager and upon notification by the Ship Manager (SM) of repair contract award, forward a copy to the ABS office in the port where the work will be performed.

The attending ABS Surveyor will accept the pre-approved Survey Plan without any significant changes, except to address any emergent findings or special situations that were not disclosed/available to ABS at the time of approval by the homeport Principal Surveyor.

k. Survey Scheduling. Surveys required for no-notice activations will be given the highest priority to enable on-time completion of activation. Surveys during drydockings and repair availabilities will be scheduled timely to prevent shipyard delay and disruption.

Routine periodic surveys during Phase M will be scheduled within a reasonable timeline in response to requests from MARAD Ship Managers/General Agents. If the attending Surveyor has to interrupt or defer a routine periodic survey visit during Phase M, the Survey will be jointly rescheduled as soon as feasible and no duplicate charges will be assessed.

All Surveys will be jointly scheduled, bundled and completed in the fewest number of visits as feasible.

l. Crane Slew Ring Bolts. ABS will accept and MARAD concurs with the following alternative arrangements for examination of the slew ring bolts required at Renewal Surveys for MARAD public vessels under this MOA, provided the original equipment manufacturer (OEM) has no specific requirements for removal of bolts:

1. Prior to proof load testing, cranes fitted with slewing ring bearings are to undergo the following tests and examinations to the satisfaction of the attending surveyor:

i) Hour meters or log of running hours available onboard detailing use of cranes for review by the attending surveyor;

ii) Compliance with requirements of the Annual Cargo gear Survey;

iii) Surveyor witness Rocking Test (see Note 1);

iv) Grease sample analyzed (see Note 1); and

v) Maintenance records reviewed by the attending surveyor.

2. Prior to proof load testing, cranes fitted with slewing ring bearings are to undergo the following tests and examinations to the satisfaction of the attending surveyor:

i) Running hours for the crane less than 250 hours in the five (5) year retesting period, in lieu of the number of bolts required in the ABS Guide for Lifting Appliances, the owner may choose to remove 4 bolts per slew bearing for nondestructive testing (see Notes 2 and 3);

ii) All remaining bolts visually examined and tested for tightness; and

iii) Compliance with all other requirements of the ABS Guide for Certification of

Lifting Appliances 2-7/9.

3. Notes:

1. If the results of the Rocking Test and grease samples indicate bearing wear in excess of the manufacturer’s recommendation the bearing will be opened for internal examination

2. Bolts chosen for examination are to be taken one from each 90 degrees of the slew ring bearing. If any bolts found with defects, additional bolts will be removed to confirm suitability for continued use. Removed bolts are to be documented and marked so different bolts are removed at next renewal survey.

3. In lieu of removing the bolts above, the owner may opt to use a nondestructive testing procedure such as ultrasonic provided the procedure has been reviewed and accepted by an ABS Engineering office.

m. Survey Harmonization with Certificate of Inspection (COI). It is MARAD’s intent to harmonize the ABS survey schedules with the USCG COI schedule. Any adjustments required in the class survey schedule to make this change will be agreed upon jointly with the ABS Survey office. Changes to the ABS survey schedule beyond the flexibility already built into ABS classification will be brought to the ABS Assistant Chief Surveyor for review.

VIII. NATIONAL DEFENSE RESERVE FLEET (NDRF)

a. National Defense Reserve Fleet – Excluding vessels of the RRF, School Ships and

Unique Purpose Ships. The NDRF was established under Section 11 of the Merchant Ship Sales Act of 1946 to serve as a reserve of ships for national defense and national emergency purposes. NDRF vessels, other than School Ships, are located at the James River, Beaumont and Suisun Bay Fleet sites and at designated port facility berths. The program primarily consists of dry cargo ships with some tankers and naval auxiliaries. The NDRF Inventory consists of NDRF Vessels deemed of sufficient value to merit further preservation (Retention Vessels) and vessels that are no longer deemed of sufficient value to merit further preservation (Non-Retention Vessels). Disposal of Non-retention Vessels are the responsibility of the Federal Government. There are also vessels that are not part of the NDRF that are owned/sponsored by other government programs or agencies that are being maintained by MARAD at the Fleet sites on a reimbursable basis (Custody Vessels).

Vessels in Retention status will be preserved in a way that keeps them in the same condition as when they entered the fleet. Dehumidification of air-tight internal spaces is an effective means of controlling the corrosion of metal and the growth of mold or…