LADY C

Non-tank vessels subject to this subpart may not operate upon the navigable waters of the United States unless in compliance with a vessel response plan (VRP) approved under 33 CFR 155.5065. The vessel does not have a valid Vessel Response Plan. 33 CFR 155.5021 (a)

The certificates issued under regulations 12 and 13 shall be readily available onboard for examinations at all times. PSCO’s observed that the vessel did not have original copies of the Interim Cargo Ship Safety Construction Certificate, Interim Cargo Ship Safety Equipment Certificate, and the Interim Cargo Ship Safety Radio Certificate. 74 SOLAS (20) I/16

“The regulatory provisions contained in this part and parts 123, and 124 of this chapter implement the National Pollutant Discharge Elimination System (NPDES) Program under sections 318, 402, and 405 of the Clean Water Act (CWA) (Public Law 92–500, as amended, 33 U.S.C. 1251 et seq.)” “The VGP applies to discharges incidental to the normal operation of all non-recreational vessels of 79 feet or greater in length. In addition, the ballast water discharge provisions also apply to any non-recreational vessel of less than 79 feet or commercial fishing vessel of any size discharging ballast water.” The vessel does not have a Vessel General Permit. Evidence shows vessel only applied the day before the PSC Exam. 40 CFR 122.28

All life-saving appliances shall be kept in working order and available for immediate use before the ship leaves port and at all times during the voyage. Rescue boat engine was inoperable and unable to be tested due to excessive fuel leaking in the cowling. The rescue boat engine flooded during attempted starts and was unable to run. 74 SOLAS Ch. III Reg. 4(c)

All life-saving appliances shall be kept in working order and available for immediate use before the ship leaves port and at all times during the voyage. Rescue boat was observed to have major deflection of the transom from slight movements of the engine. The rivets were both missing and loose on the stern corner brackets used to for davit launch of the boat; Dangerous potential to snap and fall off davit. 74 SOLAS Ch. III Reg. 4(c)

When carbon dioxide is used as the extinguishing medium for machinery spaces of Category A the quantity of gas carried shall be sufficient to give a minimum quantity of free gas equal to the larger of the following quantities … (1) 40 per cent of the gross volume of the largest space … (2) 35 percent of the entire volume of the largest space including the casing. The Machinery space, protected by CO2, has a 3ft x 4ft direct opening into the machine shop which is separated by an “A” class division according to the Fire Control Plan. This large opening does not have closing capabilities. This opening would allow the passage of CO2 through the division and into the machine shop, which is not designated as a CO2 protected space and renders the CO2 fire extinguishing capabilities insufficient. 74 SOLAS Ch. II-2 Reg. 8 (d) (ii)

There shall be permanently exhibited in all new and existing ships for the guidance of the ships officers general arrangement plans showing clearly for each deck the control stations, the various fire sections enclosed by “A” Class divisions the sections enclosed by “B” Class divisions (if any), together with particulars of the fire alarms, detecting systems, the sprinkler installation (if any), the fire extinguishing appliances, means of access to different compartments, decks, etc. and the ventilating system including particulars of the fan control positions, the position of dampers and identification numbers of the ventilating fans serving each section... Plans and booklets shall be kept up to date, any alterations being recorded thereon as soon as practicable. The fire control plan displays smoke detectors in the engine room. There are only heat sensors in the engine room, no smoke detectors. 74 SOLAS Ch. II-2 Reg. 4

The Administration shall satisfy itself that the general structural strength of the hull is sufficient for the draught corresponding to the freeboard assigned. A 4-inch hole was identified where daylight was pouring in below the bulkhead deck located where the hawsepipe meets the side shell, compromising water-tight integrity. ICLL 66 Reg. 1(1)

If a ship at the time when a certificate expires is not in a port in which it is to be surveyed, the Administration may extend the period of validity of the certificate but this extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. The vessel is already at the port in which it was surveyed, therefore, an extension is not applicable. Vessel could not produce valid, full-term certificates. At the time of the exam, the vessel possesses only “interim” and “provisional” certificates (i.e., Minimum Safe Manning, Certificate of Registry) after being in port for six years. 74 SOLAS (20) Ch. 1 Reg. 14 (e)

In a ship in which oil fuel is used, the arrangements for the storage, distribution and utilization of the oil fuel shall be such as to ensure the safety of the ship and persons onboard. PSCO’s Identified fuel leaks coming from the port day tank sight glass, all the quick-closing valves and the port generator fuel injectors. 74 SOLAS II-2 Reg. 33

For ships constructed before 1 JULY 2004, the Continuous Synopsis Record shall, at least, provide the history of the ship as from 1 July 2004. The vessel has Continuous Synopsis Records’ Numbered 01 to 10 and Number 14 are onboard and available but CSR 11, 12, and 13 are missing. 74 SOLAS (20) XI-1/5.2.2

The conditions of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons onboard. None of the fuel lines were properly secured to the main engine fuel injectors, that could result in fuel line failures, potential of fire and unsafe conditions. 74 SOLAS (20) I/11(a)

The conditions of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in all respects will remain fit to proceed to sea without danger to the ship or persons onboard. PSCOs observed a loud metallic sound emanating from the starboard generator engine. 74 SOLAS (20) Ch. 1 Reg. 11

Oil filtering equipment referred to in paragraph 1 of this regulation shall be of a design approved by the Administration and shall be such as will ensure that any oily mixture discharged into the sea after passing through the system has an oil content not exceeding 15 ppm. In considering the design of such equipment, the Administration shall have regard to the specification recommended by the Organization. After the overboard automatic valve on the Oily Water Separator, the overboard discharge pipe has an additional connection point with a hose connected. Also, there’s an unauthorized hose/valve assembly attached to the bottom of the photo electric sensor. MARPOL (17 Cons.) Annex I / Reg. 14.6

Main and emergency switchboards shall be so arranged as to give easy access back and front, without danger to attendants. The sides and backs and, where necessary, the fronts of switchboards shall be suitably guarded. There shall be non-conducting mats or gratings front and rear where necessary. Exposed current-carrying parts at voltages to earth (ground) exceeding a voltage to be specified by the Administration shall not be installed on the face of any switchboard or control panel. Main switchboard door was open with cables running to the shore tie electrical panel. 74 SOLAS Ch. II-1 Reg. 27 (a) (ii)

Wiring shall be supported in such a manner as to avoid chafing or other injury. An unauthorized extension cord ran from the clothing dryer through unauthorized opening down into the engine room space. 74 SOLAS CH II-1 Reg. 27 (a) (vi)

All exposed metal parts of electrical machines or equipment which are not intended to be “live” but are liable to become “live” under fault conditions, shall be earthed (grounded); and all electrical apparatus shall be so constructed and installed that danger of injury in ordinary handling shall not exist. The Port side engine room electrical junction box was open with exposed wires. 74 SOLAS CH II-1 Reg. 27 (a)(i)(1)

In all new and existing ships, fire-extinguishing appliances shall be kept in good order and available for immediate use at all times during the voyage. Forward starboard Fire hydrant is leaking from the valve stem. 74 SOLAS CH II-2 Reg. 15

In all new and existing ships, fire-extinguishing appliances shall be kept in good order and available for immediate use at all times during the voyage. The engine driven Emergency fire pump has an unidentified exhaust leak, creating an unsafe environment inside the space. 74 SOLAS CH II-2 Reg. 15

Companies, masters and crew members each have responsibility for ensuring that the obligations set out in this section are given full and complete effect and that such other measures as may be necessary are taken to ensure that each crew member can make a knowledgeable and informed contribution to the safe operation of the ship. Crew lacked knowledge of how to test their GMDSS DSC Alert. STCW A-I/14.1

Lifebouys made of plastic or other synthetic compounds shall be capable of retaining their buoyant properties and durability in contact with sea water or oil products, or under variations of temperature or climatic changes prevailing in open sea voyages. The quick-release lifebuoy on the port side bridge wing is cracked, waterlogged, and does not retain buoyant properties. 74 SOLAS Ch. III Reg. 21 (c)

The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner the Secretary directs if — (1) the Secretary has reasonable cause to believe such vessel does not comply with any regulation issued under section 70034 or any other applicable law or treaty; Crew accommodation shall be adequately lighted … In sleeping rooms, an electric reading lamp shall be installed at the head of each berth. Crew cabins do not have reading lamps above each bed.

In all new and existing ships, fire-extinguishing appliances shall be kept in good order and available for immediate use at all times during the voyage. CO2 system for the machinery space was not ready for immediate use. The CO2 system port/valve used for testing was left open. If CO2 was released, CO2 gas would flow directly into the release cabinet, not the machinery space. 74 SOLAS Ch. II-2 Reg. 15

A Document of Compliance shall be issued to every company which complies with the requirements of the International Safety Management Code. This document shall be issued by the Administration, or at the request of the Administration by another Contracting Government. Vessel does not have a valid Document of Compliance, only an interim DOC which was issued without proper validation in accordance with Chapter I of this convention. 74 SOLAS (20) Ch. IX Reg. 4.1

A Certificate, called a Safety Management Certificate, shall be issued to every ship by the Administration or an organization recognized by the Administration. The Administration or organization recognized by it shall before issuing the Safety Management Certificate, verify that the company and its shipboard management operate in accordance with the approved safety management certificate. Vessel does not have a valid Safety Management Certificate, only an interim SMC which was issued without proper validation in accordance with Chapter I of this convention. 74 SOLAS (20)Ch. IX Reg. 4.3

All oceangoing commercial vessels greater than 500-gross tons must prepare to depart ports and anchorages within the affected regulated area. These vessels shall depart immediately upon the setting of Port Condition YANKEE. Vessels that are unable to depart the port must contact the COTP to request and receive permission to remain in port. Vessels with COTP's permission to remain in port must implement their pre-approved mooring arrangement. The owner/operator of M/V HARDSHIP (formerly known as SLINGSHOT, IMO 8126549) failed to submit a pre-approved mooring plan in a timely manner and, in addition, failed to request permission to remain in port prior to the establishment of Port Condition Yankee at 2000 on September 27, 2022. 33 CFR 165.706

[withheld — contains personal information; the deficiency system, dates, and resolution status are shown above]

THE CONDITION OF THE SHIP'S EQUIPMENT SHALL BE MAINTAINED TO ENSURE THE SHIP IS FIT TO PROCEED TO SEA. HYDRAULIC HOSE FOR CARGO CRANE HAS FAILED DURING CARGO OPS, RENDERING CARGO CRANCE SUSPENDED AND INOP. 74SOLAS (14 CONS) I/11 60c

ALL SHIPS SHALL BE SUFFICIENTLY AND SAFELY MANNED. SHIP DOES NOT HAVE VALID SAFE MANNING DOCUMENT NOR SUFFICIENT CREW TO SAFELY CONDUCT CARGO OPERATIONS. 74 SOLAS (14 CONS) V/14.1 60ac

1110 - Stowage of cargo - Cargo shall be so loaded, stowed and secured as to prevent as far as practicable, throughout the voyage, damage or hazard to the ship and the persons on board, and loss of cargo overboard. Cargo located on the aft cargo hold, just forward of the superstructure, has shifted severely since loading and presents a hazard to the crew. 74 SOLAS 14 con. VI/5.1

1410 - Propulsion main engine - Ships shall have sufficient power for going astern to secure proper control of the ship in all normal circumstances. Main engine is inoperable. 74 SOLAS II-1/28(a)

0720 - Fire fighting equipment - All fire extinguishers shall be of approved types and design. Fire extinguisher at the bottom of the main ladderwell is undercharged. 74 SOLAS II-2/7(a)

74 SOLAS (14 Cons) Ch. IX/Reg 3.1 / ISM Code Part A: Objective evidence discovered during an expanded ISM exam revealed the following non-conformities: vessel failed to fully implement the requirements of the ISM Code through their SMS procedures as evident by the following deficiencies indicating that ship and/or company are not meeting the SMS requirements. Recommend an external audit.

STCW 78/95 Annex 1/Reg. I/4.3: Failure to correct any of the deficiencies referred to in para 2 shall be the only grounds under article X on which a party may detain a ship. C/M and C/E do not hold valid flag endorsements.

MARPOL Annex I/Reg. 10.9.2: A certificate issued under this annex shall cease to be valid if the certificate is not endorsed iaw reg 6.1.4. The anniversary date listed on the vessel's IOPP Cert is 22 Dec. A required annual survey should have been completed by 3/22/2017. An annual survey has not been done since 12/22/2015, rendering the cert invalid.

MARPOL Annex IV/Reg. 9.9.1: A certificate issued under this annex shall cease to be valid if the cert is not endorsed iaw reg 5.1.4. The anniversary date listed on the IAPP cert is 22 Dec. A required annual survey should have been completed by 3/22/2017. An annual survey has not been completed since 12/22/2015, rendering the IAPP cert invalid.

74 SOLAS (14) Ch. I/Reg. 14(i)(i): A cert issued under reg 12 shall cease to be valid if the relevant surveys and inspections are not completed within the periods specified under regs 8(a) and 9(a). The anniversary date listed on the cargo ship safety construction cert, cargo ship safety radio cert, andcargo ship safety equipment cert is 22 Dec. A required annual survey should have been completed

74 SOLAS CH. II-2/5(a)(ii): In a cargo ship, the required fire pumps shall be capable of delivering for fire fighting purposes a quantity of water at the appropriate pressure. Neither of the two required main fire pumps onboard provides an adequate pressure to fight a fire.

The construction of all doors and door frames in "A" class divisions shall provide resistance to fire as well as to the passage of smoke and flame. The door to the engine room is severely warped and cannot be closed.

74 SOLAS II-2/5(f): Fire hoses shall be of material approved by the admin and sufficient to project a jet of water to any of the spaces in which they may be required to be used. The forward fire hose is worn and leaking.

74 SOLAS II-2/5(f): Any required automatic fire alarm and fire detection system shall be capable of immediate operation at all times. 02 smoke detectors in the engine room are inoperable.

74 SOLAS II-2/12.a.i: The fireman outfit shall consist of an electric safety lamp of an approved type. One of the outfits is missing a hand lantern.

ICLL 66/88 Annex I/9: The ICLL cert shall be delivered to the ship until the officer or surveyor acting under the provisions of article 13 of the convention has certified the marks are correctly and permananently indicated on the ship's sides. Markings on hull do not match cert.

74 SOLAS (14 cons) V/14.1: All ships shall be sufficiently and efficiently manned. The vessel did not have a master or second engineer onboard as required by the vessel's minimum safe manning document.

ICLL 66/88 Annex I/12.1: All access openings in bulkheads at ends of enclosed superstructure shall be fitted with doors of steel or other equivalent material so that the whole structure is weathertight when closed. The hatch into the boatswain's store is severely wasted and not weathertight.

ICLL 66/88 Annex I/14.1: The construction and means for securing weathertightness of cargo and other hatchways shall be at least equivalent to the requirements of reg 15 and 16 of this annex. Access hatch to fwd cargo hold is warped, has a broken dog, and does not close properly.

ICLL 66/88 Annex I/8: The ring, lines, and letters shall be painted white or yellow on dark ground or black on a light ground. The deck line was not painted in a contrasting color or white or yellow.

ICLL 66/88 Annex I/25.4: Satisfactory means for safe passage shall be provided for the crew used in essential operation of the ship. The fwd catwalk (providing access to the crane) deck grating is severely wasted.

74 SOLAS (14 cons) III/20.10: Containers, brackets, racks, and other similar stowage locations for LSA shall be marked with symbols iaw the recommendations of the organization. There is no marking for the lifebuoy on the bow of the vessel.

All LSA shall be kept in working order and available for immediate use before the ship leaves port and at all times during the voyage. The vessel's required rescue boat is missing required markings and the rescue boat oars are severely deteriorated. Additionally, when attempting to launch the rescue boat for testing, the davit connection point on the rescue boat detached, rendering the RB unable t

1581 - The exact position of the rudder shall be indicated at the principal steering station. The rudder angle indicator located on the bridge (principal steering station) has a 05 degree deviation from the main steering gear rudder. 74 SOLAS II-1/29 (a)(iv) (17bc)

2120 - Every ship 400 gross tonnage and above shall be provided with a Garbage Record Book and shall be in the form specified in the appendix to this annex. The Garbage Record Book is not in the form specified to the most recent revision of MARPOL73/78 Annex V (Adopted 15 July 2011). MARPOL (11 Cons.) Annex V / Reg. 10.3 MEPC.201(62) (17bc)

2120 - Garbage Record Book entries for each discharge shall include date and time, position of the ship, description of the garbage and the estimated amount discharged. The Garbage Record book did not match the amount on the discharge receipts for Porte De Paix, Haiti on 26 Jan 2017. MARPOL (11 Cons.) Annex V/ Reg. 10.3.2 (17bc)

1710 - The oil record book shall be in the form specified in appendix III to the Annex. The IOPP states the capacity of the sludge tank as 1.5 m^3 but the crew is recording the capacity in the ORB as 3.04 m^3. MARPOL (11 Cons.) Annex I/Reg. 17 (17bc)

1705 - Every ship other than an oil tanker of 400 gross tonnage and above shall carry on board a shipboard oil pollution emergency plan (SOPEP) approved by the Administration. The ship is missing diapers from the SOPEP kit as required by their SOPEP. MARPOL Annex 1 / Reg. 37.1 (17bc)

1570 -Nautical charts and nautical publications necessary for the intended voyage shall be adequate and up-to-date. The nautical charts onboard have not been updated or corrected since 2015. Additionally, the Tide Tables, Light List, Coast Pilot, CFRs, and IAMSAR onboard are not up-to-date. 74 SOLAS (14 Cons.) Ch V/27 (17bc)

ALL SHIPS SHALL BE SUFFICIENTLY AND EFFICIENTLY MANNED. SHIP DOES NOT HAVE VALID SAFE MANNING DOCUMENT. 74 SOLAS (14 CONS) V/14.1

0615-Rescue Boats-Boats shall be stowed in a state of continuous readiness for launching and inflated at all times. VSL's inflatable rescue boat has a pin hole leak preventing it from remaining inflated at all times. 74 SOLAS (14 cons) CHIII/Reg 14.1 17bc

0740-Pumps-After survey of the ship under reg 8 has been completed, no change shall be made in the items covered by the survey without the sanction of the admin. The electric starter for the emer fire pump is inoperable. 74 SOLAS (unamended) CHI/Reg11 17bc

0740-Railings and Catwalks-Satisfactory means for safe passage shall be provided for the crew used in the essential operation of the ship. Numerous sections of the outboard hand rails were found to be 70 percent corroded or missing. ICLL 66/88 Annex I/Reg 25(4). 17bc

0630-Launching arrangments for survival craft- the life raft shall be so stowed as to be readily available in case of emergency. Both life rafts port and starboard have expired hydrostatic release systems. 74 SOLAS CH. III/Reg. 15(p)(ii) 17bc

0735-Personal Equipment- Firefighting- The following fire protection systems shall be kept in good order so as to ensure their required performance if a fire occurs: Means of secape systems and appliances. 02 EEBDs in the engine room were wasted. 74 SOLAS (14 Cons) Reg14.2.1.1.3 17bc

1581-Rudder Angle Indicator- The exact position of the rudder if powered operated, shall be indicated at the pricipal steering station. Emergency steering rudder angle indicator has an eight degree deviation from the indicator on the bridge. 74 SOLAS CH II/Reg 29(a)(iv). 17bc

Ships shall be fitted with a system to automatically transmit the information specified. a conformance test report should be issued on satisfactory completion of a conformance test by the administration and should be in accordance with model set out in appendix 2. Vessel did not have LRIT conformance test report certificate

0710 - Precautions shall be taken to prevent any oil that may escape under pressure from any pump, filter, or heater from coming into contact with heated surfaces. The #1 generator had fuel leak on pressure side of pump. 74 SOLAS (Unamend) Ch II-2/Reg 33(a)(iv)(2)

1440 – After any survey of the ship no change shall be made in the machinery, equipment, etc., covered by the survey without the sanction of the administration. Excessive oily water in bilge is rendering high level alarm ineffective. 74 SOLAS (Unamended) Ch I/Reg 11

1230 – Efficient guard rails shall be fitted to all exposed parts of freeboard and superstructure decks. Port side, amidship and forward boom handling station guard rails were wasted. 66 ICLL Annex I / Reg 25

0950 – All electrical apparatus shall be so constructed and so installed that danger of injury in ordinary handling shall not exist. In storage room, a temporary electric receptacle with wiring is connected to water piping above sink. 74 SOLAS (Unamended) Ch II-1/Reg 27(a)(i)(1)

1699 – Ships shall be fitted with a system to automatically transmit its information. Vessel does not have a long range identification and tracking (LRIT) system installed. 74 SOLAS (14) Ch V/Reg 19-1.4.1.2

0640 – Ships shall be provided with means of making effective distress signals which include, but are not limited to at least twelve parachute flares. Vessel is not outfitted with twelve parachute flares. 74 SOLAS (unamended) Ch III/Reg 24

1520 – Each vessel must have a current magnetic compass deviation table or graph or compass comparison record for the steering compass in the wheelhouse. A current magnetic compass deviation table is not on board the ship. 33 CFR 164.35(c)

1310 – Each Captain of the port may order a vessel to operate in a manner directed when such order is justified in the interest of safety when temporary hazardous circumstances or the condition of the vessel exist. Aft mooring lines found wasted and have exceeded service life. 33 CFR 160.111(c)

0630 – The liferaft shall be stowed as to permit it to float free from its stowage, inflate and break free from the vessel in the event of sinking. Port and starboard liferafts attached so that they would not break free from the vessel. 74 SOLAS (Unamended) Ch III/Reg 15(p)(i)

1150 – After any survey of the ship no change shall be made in the structural arrangements covered by the survey, without sanction of administration. Hoist block on tip of aft boom securing point worn approximately 60%. 74 SOLAS (Unamended) Ch I/Reg 11