The US Coast Guard released a new Navigation and Vessel Inspection Circular (02-95, Change 3) on “The Alternate Compliance Program (ACP).” This change incorporates various policies and related provisions consistent with the Commandant’s Final Action Memo (FAM) on the sinking of the ‘El Faro’.
Under the ACP, the majority of vessel statutory certification and services are performed by Recognized Organizations (RO) on behalf of the USCG. The primary purpose of this change is to align the ACP with applicable IMO instruments, including the provisions of the International Code for Recognized Organizations (RO Code).
The RO Code became effective on 1 January 2015, and serves as an international standard and consolidated instrument containing minimum criteria against which organizations are assessed towards authorization and oversight guidelines by flag States.
Major changes include:
- Aligned procedures and terminology with the RO Code. Since domestic regulations predate the RO Code, for the purposes of this NVIC, the term “RO”, as defined in the RO Code, includes Authorized Classification Societies (ACSs) as defined in 46 CFR 8.100 that are authorized to participate in the ACP under 46 CFR 8.420, and where those same ROs are delegated authority under 33 CFR part 96, subpart D.
- Integrated ACP program management with the Coast Guard’s Mission Management System (MMS), which is an International Standards Organization (ISO) 9001 based Quality Management System in order to support key Coast Guard internal business processes, information flows, reporting and data analytics.
- Incorporated other procedures and instructions, including the ACP Tactics, Techniques, and Procedures (TTP) and various MMS documents (e.g., MMS Work Instructions), which focus on individual aspects of the ACP and facilitate more frequent programmatic updates. OCMIs, participating Companies, and ROs are encouraged to reference these products for additional guidance on ACP processes and administration
- Accepted that transfers of vessel classification may be completed under the provisions of International Association of Classification Societies Procedural Requirement 1A.
- Provided details on the Coast Guard’s Fleet Risk Index for vessels enrolled in the ACP.
- Removed provision for involuntary disenrollment from the ACP.
It is the Coast Guard’s goal that this NVIC remain the foundational document of an enduring policy framework that promotes risk-based decision making, is simpler to execute, and enables more robust oversight of the ACP.
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