NAIYA

The substandard conditions identified during each of the three detentions gives reasonable cause to believe that (owner/operator) and the vessel’s senior officers have failed to effectively and systematically implement the Safety Management System as required by the International Safety Management Code. See documents for Letters of Denial.

The means for securing and maintaining weathertightness shall be to the satisfaction of the administration. The arrangements shall ensure that tightness can be maintained in any sea conditions. ICLL (66) Annex 1 Reg. 16 (4) Watertight Access/Door to the cargo cannot close due to a broken weld on the framing near the port side hyrdraulic ram.

The entry for reach incineration or discharge shall include date and time, position of the ship, description of the garbage and the estimated amount incinerated. MARPOL 78(17cons) Annex V Reg 10.3.2 From July 13, 2021 to August 31, 2021 The Garbage Record Book had multiple instances of missing improper entries.

The company should establish procedures to ensure that the ship is maintained in conformity with the provisions of the relevant rules and regulations and with any additional requirements, which may be established by the company. In meeting these requirements, the company should ensure that: the inspections are held at appropriate intervals; any non-conformity is reported, with its possible cause, if known; appropriate corrective action is taken… Due to the objective evidence in the above deficiencies, the vessel is not in substantial compliance with relevant conventions, calling into question the adequacy and implementation of the vessel’s SMS under the ISM code. PSCOs collected objective evidence that the vessel was not identifying non-conformities and following the inspection and reporting requirements of its SMS. An external audit conducted by the Flag is required within 30 days to determine whether the ship is operating in accordance with the ISM Code. Provide a copy of the completed audit report to USCG prior to departure from port. 74 SOLAS (2020 Cons) IX/3.1 ISM Code Part A 10.1

Every ship shall be provided with fire pumps, fire mains, hydrants and hoses complying as applicable with the requirements of this regulation... The main fire pump gauge indicated a working pressure of 0.20 N/mm^2 (design pressure is 0.40 N/mm^2, in accordance to service tag on pump). Observed pressure at the hoses on deck was inadequate to fight a fire. 74 SOLAS (81 Amend.) II-2/4.1

Fire-fighting systems and appliances shall be kept in good working order and readily available for immediate use… Emergency fire pump, located below the living space, generates excessive smoke in the space while running. Smoke creates lack of oxygen in the compartment and throughout the house making it an unsafe for personnel. 74 SOLAS (81 Amend.) II-2/4.1 74 SOLAS (2020 Cons) II-2/14.2.1.2

The machinery, boilers and other pressure vessels, associated piping systems and fittings shall be so installed and protected as to reduce to a minimum any danger to persons on board, due regard being paid to moving parts, hot surfaces and other hazards. Emergency diesel generator was steadily leaking diesel fuel onto hot machinery, creating a fire hazard. 74 SOLAS (81 Amend.) II-1/26.1

Before the ship leaves port and at all times during the voyage, all life-saving appliances shall be in working order and ready for immediate use... Lifeboats were not available for immediate use due to brake malfunction. Vessel could not raise or lower lifeboat for approximately 20 minutes. 74 SOLAS (2020 Cons) III/20.2

An enclosed superstructure is a superstructure with all other openings in sides or ends of the superstructure fitted with efficient weathertight means of closing. Aft facing section of superstructure was rotted causing a hole under the ventilator. ICLL (66) 3.10.b.iii

Crew members with enclosed space entry or rescue responsibilities shall participate in an enclosed space and rescue drill to be held on board the ship at least once every two months. Vessel’s last recorded enclosed space entry drill was conducted over 2 months ago (May 2021). SOLAS 74 (2020 Cons) III/19.3.3

Fire-fighting systems and appliances shall be kept in good working order and readily available for immediate use… Portable fire extinguishers which have been discharged shall be immediately recharged or replaced with an equivalent unit. Portable fire extinguisher in starboard side of cargo hold was found to be empty and had not been replaced. 74 SOLAS (2020 Cons) II-2/14.2.1.2

Where "A" class divisions are penetrated for the passage of electric cables, pipes, trunks, ducts...Arrangements shall be made to ensure that the fire resistance is not impaired. There is an open pipe going through an A60 boundary, through the bow thruster room, to the atmosphere. PSCOs were unable to verify piping due to inoperable ventilation in the bow thruster room. 74 SOLAS (81 AMENDED) II-2/18.1.1

Machinery spaces of category A shall be adequately ventilated so as to ensure...an adequate supply of air is maintained to the spaces for the safety and comfort of personnel and the operation of machinery. The mechanical ventilation is inoperable in the bow thruster room. 74 SOLAS (81 AMEND) II-1/35

Fire control plans...shall be kept up to date, any alternations being recorded thereon as soon as practible. The fire control plan does not reflect the current location of the emergency fire pump.

Ventilators in position 1 or 2 to spaces below the freeboard decks of enclosed superstructures shall have coamings of steel or other equivalent material, substantially constructed and efficiently connected to the deck…PSCOs observed excessive corrosion, significant wastage, causing holes in 07 ventilators leading below the freeboard deck to the cargo hold. Vessel attempted repair to 01 ventilator with red painted duct tape, covering large 3 to 4 inch hole. ICLL (66) Annex I/Reg. 19(1)

Where air pipes to ballast and other tanks extend above the freeboard or superstructure decks, the exposed parts of the pipes shall be of substantial construction…PSCOs observed air pipes to fuel and ballast tanks with excessive corrosion and significant wastage, causing holes leading below the freeboard deck. ICLL (66) Annex I/Reg. 20

The means for securing and maintaining weathertightness shall be to the satisfaction of the Administration. The arrangements shall ensure that the tightness can be maintained in any sea conditions… During the deck walk, PSCOs observed the hydraulic locking devices for the cargo hatch covers disconnected from the hydraulic lines, rendering them inoperable and unable to be tightened. ICLL (66) Annex I/Reg. 16(4)

The means for securing and maintaining weathertightness shall be to the satisfaction of the Administration. The arrangements shall ensure that the tightness can be maintained in any sea conditions…Watertight access ramp/door to the cargo hold does not seal properly, PSCOs observed light through. ICLL (66) Annex I/Reg. 16(4)

The Condition 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 excessive corrosion and significant wastage in the bulwark support structure, brackets, and frames on the starboard side of the vessel. Bulwarks were completely disconnected from the deck and frames were bent and disconnected, providing no support structure. 74 SOLAS (20) I/11(a)

"A" class divisions are those divisions formed by bulkheads and decks which comply with the following; they shall be constructed of steal or other equivalent material; they shall be so constructed as to be capable of preventing the passage of smoke and flame to the end of the one-hour standard flame test...PSCOs observed in holes and wiring run through "A" class divisions surrounding the cargo hold. 74 SOLAS (81 amended) II-2/3.3

Before the ship leaves port and at all times during the voyage, all life-saving appliances shall be in working order and ready for immediate use...Lifeboats were not avaiable for immediate use due to broken limit switches rendering the electric motor inoperable. 74 SOLAS (20) III/20.2

The company should establish procedures to ensure that the ship is maintained in conformity with the provisions of the relevant rules and regulations and with any additional requirements, which may be established by the company. In meeting these requirements, the company should ensure that: the inspections are held at appropriate intervals; any non-conformity is reported, with its possible cause, if known; appropriate corrective action is taken… Due to the objective evidence in the above deficiencies, the vessel is not in substantial compliance with relevant conventions, calling into question the adequacy and implementation of the vessel’s SMS under the ISM code. PSCOs collected objective evidence that the vessel was not identifying non-conformities and following the inspection and reporting requirements of its SMS. An external audit conducted by the Flag is required within 30 days to determine whether the ship is operating in accordance with the ISM Code. Provide a copy of the completed audit report to USCG prior to departure from port. 74 SOLAS (20) IX/3.1 ISM Code Part A 10.1

Doors required to be self-closing shall not be fitted with hold back hooks…PSCO’s observed A-class self-closing doors in the engine room tied open with rope. 74 SOLAS (81 amended) II-2/47(2)

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- by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied such direction is justified in the interest of safety… Vessel is infested with cockroaches throughout the galley and bridge spaces, negatively contributing to the health and safety of the crew. 46 USC 70002 (3)

…The Oil Record Book, whether as a part of the ship's official log book or otherwise, shall be in the form specified in appendix III to this Annex... Vessel's Chief Engineer did not conduct weekly soundings of the sludge tanks from 14MAY21 to 03JUN21. Additionally, the Chief Engineer used improper codes to log weekly soundings, bunkering, and disposal or transfer of oil residues. MARPOL (2017 cons) Annex I/17.1

The fire detection system shall be so designed and the detectors so positioned as to detect rapidly the onset of fire in any part of those spaces…the detection system shall initiate audible and visual alarms distinct in both respects… Smoke detector in the steering gear space was non-operational. 74 SOLAS (81 amended) II-2/14.2

The fire detection system shall be so designed and the detectors so positioned as to detect rapidly the onset of fire in any part of those spaces… the detection system shall initiate audible and visual alarms distinct in both respects… All smoke detectors and accompanying alarms in the machinery space are not operational. 74 SOLAS (81 Amend.) II-2/14.2

Seafarers, on being assigned to any of its ships, are familiarized with their specific duties and with all ship arrangements, installations, equipment, procedures and ship characteristics that are relevant to their routine or emergency duties. [name withheld] and Chief Engineer are unable to demonstrate how to properly operate CO2 system. 78 STCW I/4.1.3.3.4 78 STCW I/14.1.5

Before the ship leaves port and at all times during the voyage, all lifesaving appliances shall be in working order and ready for immediate use. Life Boat davit electrical motor is unable to use as designed. Crew is limited to manual recovery. 74 SOLAS (20) III/20.2

The company should establish procedures to ensure that the ship is maintained in conformity with the provisions of the relevant rules and regulations and with any additional requirements which may be established by the company. Due to the objective evidence in the above deficiencies, the vessel is not in substantial compliance with relevant conventions, calling into question the adequacy and implementation of the vessel’s SMS under the ISM code. PSCOs collected objective evidence that the vessel is submitting requests to the company for maintenance and repair support. An external audit conducted by the Flag or RO is required within 30 days to determine whether the ship is operating in accordance with the ISM Code. Provide a copy of the completed audit report to USCG prior to departure from port. 74 SOLAS (20) IX/3.1 ISM Code Part A 10.1

Openings in freeboard decks other than hatchways, machinery space openings, manholes and flush scuttles shall be protected by an enclosed superstructure, or by a deckhouse or companionway of equivalent strength and weathertightness… PSCOs observed wasted edge and gasket on 02 weathertight doors. After further inspection, PSCOs observed excess light through the weathertight doors while in the closed position. ICLL 66 Reg. 18(2)

The angular position of the rudder shall: be recognizable in the steering gear compartment…A 10 degree difference exists between the rudder angle indicator on the bridge and steering gear room. 74 SOLAS (81 Amend.) II-1/29.11.1

Suitable arrangements shall be made for embarkation into the lifeboats, which shall include: a ladder at each set of davits to afford access to the lifeboats when waterborne... Embarkation ladders to the lifeboats are excessively worn. 74 SOLAS (20) III/11.7

The Condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in shall respects will remain fit to proceed to sea without danger to the ship or persons on board. The vessel requires an alarm sound in the engine room when the CO2 panel is opened, the alarm is weak and cannot be heard throughout the engine room. 74 SOLAS (20) I/11(a)

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- by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied such direction is justified in the interest of safety… Vessel is infested with cockroaches throughout the galley and bridge spaces, negatively contributing to the health and safety of the crew. 46 USC 70002 (3)

Except as provided in paragraph (3), ventilator openings shall be provided with weathertight closing appliances of steel or other equivalent material. In ships of not more than 100 m in length the closing appliances shall be permanently attached; where not so provided in other ships, they shall be conveniently stowed near the ventilators to which they are to be fitted…PSCOs observed ventilators that required portable covers were missing.

The Condition of the ship and its equipment shall be maintained to conform with the provisions of the present regulations to ensure that the ship in shall respects will remain fit to proceed to sea without danger to the ship or persons on board. PSCO observed excessive grease buildup on galley ventilation ducts, presenting a fire hazard and danger to the crew. 74 SOLAS (20) I/11(a)

The master or person in charge of any vessel equipped with ballast water tanks that operates in the United States must maintain a ballast water management plan…that will allow those responsible for the plans implementation to understand and follow the vessel’s BWM strategy and comply. [name withheld] designated by the BWM plan onboard did not maintain records of the amount of uptake and discharge of ballast nor the location of uptake or discharge. 33CFR151.2050(g)

Any diesel driven power source for the pump shall be capable of being readily started in its cold condition. After multiple attempts in excess of twenty minutes the emergency fire pump started. SOLAS 74 (81 Amend.) II-2/4.3.3.2.3 17bc

In all ships fire-extinquishing appliances shall be kept in good working order and available for immediate use at all times during the voyage. The fire extinquishers in both rescue boats were out of service. 74 SOLAS (81 Amend.) II-2/21 17bc

Lashings shall be fitted with an automatic release system of hydrostatic equivalent nature approved by the Administration Both life rafts were fitted with lashings that were not capable of hydrostatic release. SOLAS 74 (Unamend.) III/15(p)(ii) 10c

An electric safety lamp (lantern) of an approved type with a minimum burning period of 3 hours. Lantern power switch was covered with tape preventing operation. SOLAS 74 (81 Amend.) II-2/17.1.1.4 10C

Stairways...which penetrate more than a single deck shall be surrounded by at least "A-0" class divisions and be protected by self-closing doors at all levels. PSCO identified multipe "A" class doors for stairways that would not self-close. 74 SOLAS (81 Amend.) 11-2/46.1 17bc

The fire integrity of the bulkheads separating adjacent spaces is not maintained between a corridor and a service space required to be "A-60" due to a damaged penetration in the door. 74 SOLAS (81 Amend.) II-2/44.1 17bc

IN CARGO SHIPS OF 2000 GROSS TONNAGE AND UPWARDS… THERE SHALL BE AN ALTERNATIVE MEANS CONSISTING OF A FIXED INDEPENDENTLY DRIVEN EMERGENCY PUMP WHICH SHALL BE CAPABLE OF SUPPLYING TWO JETS OF WATER. DURING THE OPERATIONAL TEST OF EMERGENCY FIRE PUMP, THE PUMP WAS UNABLE TO CREATE SUCTION TO PROVIDE WATER TO THE FIRE HOSES.74 SOLAS (81 Amend.)II-2/4.3.3.2

ALL LIFE-SAVING APPLIANCES SHALL BE KEPT IN WORKING ORDER AND AVAILABLE FOR IMMEDIATE USE BEFORE THE SHIP LEAVES PORT. PSCO'S OBSERVED 6-8 INCH CRACKS IN THE BOW, CENTER AND STERN SECTIONS OF THE UPPER RAILS ON THE PORT AND STARBOARD LIFEBOATS. III/5(e) 30bc

A MEANS OF COMMUNICATION SHALL BE PROVIDED BETWEEN NAVIGATION BRIDGE AND THE STEERING GEAR ROOM. PSCO'S OBSERVED THE INSTALLED INTERCOM SYSTEM ON THE BRIDGE WAS ABLE TO RECEIVE COMMUNICATION FROM THE STEERING GEAR ROOM. HOWEVER, COMMUNICATION FROM BRIDGE TO STEERING GEAR FROM DID NOT PROPERLY FUNCTION. 74 SOLAS (81 Amend.) 11-1/29.10

THE INTERNATIONAL LOAD LINE CERTIFIATE SHALL NOT BE DELIVERED TO THE SHIP UNTIL THE OFFICER HAS CERIFIED THAT THE MARKS ARE CORRECTLY AND PERMANENTLY INDICATED ON THE SHIPS SIDE. PSCO'S OBSERVED THAT THE LOAD LINE MARKED ON THE PORT SIDE OF THE VESSEL HAS A MARKING "T-S" WHILE THE ILLC DOES NOT INDICATE SUCH MARKING. ICLL 66 Annex I/Reg. 9

FOR EACH VESSEL, OWNERS/OPERATORS ARE REQUIRED TO SUBMIT AN ANNUAL REPORT FOR EACH YEAR THEY HAVE VGP ACTIVE COVERAGE. THE VESSELS NOI WAS SUBMITTED IN 2015. NO ANNUAL REPORT FROM 2015-PRESENT CAN BE FOUND. 2013 VGP 4.4.1

DEFICIENCIES WHICH MAY DEEM TO POSE A DANGER TO PERSONS, PROPERTY OR THE ENVIRONMENT INCLUDE THE FOLLOWING: FAILURE TO COMPLY WITH APPLICABLE SAFE MANNING REQUIREMENTS OF THE ADMINISTRATION. THE VESSEL IS NOT MANNED PER THE SAFE MANNING CERTIFICATE. VESSEL CURRENTLY IS WITHOUT PROPERLY CREDENTIALED MARINERS IN THE POSITION OF: 1 ABLE SEAMAN. THE SAFE MANNING CERTIFICATE INDICATES THE REQUIREMENT OF 1 A/B SEAMAN.78 STCW (17 Cons.)Chapter I Reg. I/4.2.2

Stairways and ladders shall be so arranged as to provide from spaces in which crew is normally employed, ready means of escape to the open deck. Cargo on RO/RO decks is loaded in a manner that blocks means of escape and access. 74 SOLAS (81) Ch II-2 reg. 45.1

Appropriate precautions shall be taken during loading and transport of cargo units in cargo transport units onboard RO/RO ships, especially with regard to the securing arrangements onboard such ships. Cargo not loaded propertly per the cargo securing manual. Cargo is stowed in such a way that will restrict access to the decks in case of emergency. 74 SOLAS (14) CH VI Reg 5.4

All cargos...shall be loaded, stowed, and secured throughout the voyage in accordance with the cargo securing manual approved by the Administration. Cargo securing manual references the equipment and arrangements for securing containers. Cargo securing manual does not reference equipment and arrangements for securing vehicles which is the primary cargo aboard the vessel. 74 SOLAS (14) CH VI Reg 5.6

The master...of any vessel equiped with ballast water tanks that operates in the waters of the United States must follow this practices; maintain a ballast water management plan that has been developed specifically for the veseel and that will allowed those responsible for the plans implementation to understand and follow the vessel's BWM strategy and comply with the requirements of this subpart. Ballas water handling logs not being maintain in accordance with the plan. PSCOs discovered 7.5 m3 of water in a tank logged as empty. 33 CFR 151.2050 (g)

Stairways and ladders shall be so arranged to provide ready means of excape to ht eopen deck and thence to the lifeboats and liferafts. 03 escape ladders from ro/ro cargo deck are blocked by cargo preventing accesible means of escape. 74SOLAS 81 Amend CH II-2 Reg 45.1

Each ro/ro cargo space intended for carriage of motor vehicles with fuel in their tanks for their own propulsion shall be provided with at least three water fog applicators; one portablefoam applicator. Vessel does not maintain these items onboard. 74 SOLAS 81 Amend. CH-II Reg. 55.2.2.4

A record shall be kept to the satisfacation of the Administration and Radio Regulations. GMDSS log book does not detail daily operatins by section D and daily and weekly tests. 74SOLAS 2014 Cons. CH IV Reg 17

Doors required to be self-closing shall not be fitted with hold-back hooks. Galley door was fitted with hold-back hook. 74 SOLAS 81 Amend. CH-II Reg. 47.2

Annual reports must be completed each calendar and submitted by February 28 of the following year. VGP Annual reports have not been submitted for 03 Years. 2013 VGP 4.4.1

Ballast water report...must include the total number of ballast tanks, total valume onboard of ballast water and total number of ballast water tanks in ballast. Vessel reporting ballast tanks in ballast as 9 when 11 tanks are in ballast. Ballast retained onboard since November 19, 2018 has been off by 25m3. Aft peak tanks have not been included. 33CFR 151.2060(c)(3)

Vessel owner/operator...must conduct quarterly Q.I. notifications. Vessel did not conduct 2nd Qtr 2019 Q.I. Drill. 33CFR 155.1060(a)(1)

11124- Life Saving Appliances- Means for illuminating the lifeboats and their gear, and also the water into which the lifeboats are launched. Port and starboard embarkation lighting for lifeboats are inoperable. 74SOLAS(Unamended) Chapter III/19(a)ii -40bc

1499 - The ability of the machinery to reverse the direction of thrust of the propeller in sufficient time shall be demonstrated and recorded. During inspection of reported casualty PSCOs discovered the air controlled primary propulsion control on the bridge was inoperable, according to the master, since 0500 hrs on 14AUG2018. The master discoverd the nonconformity while in area A of the port of Miami anchorage. 74 SOLAS (81 Amend) II-1/28.2

1599 - A reliable means of vocal communication shall be provided between the main machinery control room or the propulsion machinery control position and the navigation bridge. The communication on the sound powered phone between the propulsion machinery control position and the navigation bridge was too low to hear and comprehend communications. 74 SOLAS (81 Amend) II-1/50

01. 0925 Every crew member with assigne3d duties shall be familiar with these duties before the voyage begins. Fireman entered galley during fire drill simulated in that space without an airtight seal on mask, torch, attached rescue line and with 02 crew that accompanied without fire fighting outfit or supplied air. 74 SOLAS (2014 CONS.) III 19.2.1

02 1430 the ships main source of electrical power shall consist of at least two generating sets. The no.2 generator is inoperable. 74 SOLAS (81 amandments) CHII-1/41.1.1

03 9900 The vessel must maintain a ballast water management plan that has been developed specifically for the vessel and that will allow those responsible for the plans implementation to understand and fellow the vessels ballast water management strategy and comply with the requirements of this subpart. No vessel specific plan was onboard. 33CFR 151.2050(g)

74 SOLAS III/5 - All Lifeboats shall be properly constructed and shall be of such form and proportions that they shall have ample stability in a seaway and sufficient freeboard when loaded with their full compliment of persons and equipment. Port side lifeboat has significant damage on the forward part of the keel.

MARPOL (11 cons.) V/9.2 - Every ship of 400 gross tonnage and above and every ship which is certified to carry 15 persons or more shall carry a garbage management plan which the crew shall follow. Crew familiarization of garbage management plan not conducted and not familiar with waste procedures.

Each of the required fire pumps shall in any event be capable of delivering at least the two required jets of water. Main fire pump was not capable of delivering at least two jets of water. 74 SOLAS (81 Amend.) Ch.II-2/2.2. Action taken 17bc

The ring, lines, and letters shall be painted white or yellow on dark background. Starboard deck line painted same color as hull. ICLL 66 Annex I/8. Action Taken 17bc

1540-GYRO COMPASS-All ships of 500 gross tonnage and upwards shall have a gyro-compass to determine and display their heading by non-magnetic means. The vessel's gyro-compass is not working properly by continuously spinning and unable to steady on a true heading. 74 SOLAS (14 Cons.) V/19.2.5.1;17bc

0950-Electric Equipment in General-A main source of elect power of sufficient capacity shall be provided. This main source of elect power shall consist of at least two generating sets. The #2 main gen not operating normally, cannot produce enough power, an aux gen is temp fitted to main deck to suppliment and provide power, aux gen is not a permanent repair. 74 SOLAS (81 Amend) II-1/41.1; 17bc