Pursuant to MARINA ™s existing memorandum circulars/rules/regulations on importation/bareboat chartering of vessels for interisland use and in support of the government ™s thrust of providing safe/seaworthy shipping services, the following guidelines are hereby instituted, viz:


I
Definition of Terms


1. Classification During Construction is a service almost always required by a shipowner in his contract with the builder in order to establish for the owner and any other interested parties (such as charterer, shippers, underwriters, future purchasers) that the vessel has been designed and constructed to recognized standards known as Rules of the Classification Society applicable for the service intended. By definition, this certifies that a vessel is structurally sound and mechanically fit to provide for the safety of the lives and cargoes it may carry.

2.  Classification after Construction a service offered by the Classification Society whereby existing (e.g. second hand) vessels that are either unclassed or transferring class from another society are documented through plans approval, previous class history, if available, and a Condition Survey appropriate to the vessel ™s age to determine if the vessel is eligible to be classed with the Classification Society for the service intended.

3. Attestation is a document initially issued by the duly accredited/recognized ship classification society to shipowners who intend to enter his vessel(s) into class with the society of his choice. This document is issued by the classification society upon the request of the shipowner as a proof of his intent to class his vessel in accordance with the rules and regulations of the society.

4. Condition Survey Report a report issued by the classification society which normally includes the following:

1. Drydocking Survey
   
   
2. Tailshaft Survey
   
   
3. Special Hull Survey equivalent to vessel ™s age
   
   
4. Gaugings of Hull as required by the Special Survey
   
   
5. Special Survey of Machinery and Electrical Equipment
   
   
6. All outstanding recommendations from previous classification society, technical Review and condition survey outstanding recommendation have been resolved.

5. Interim/Provisional Class Certificate a Certificate issued by the society to a vessel as proof that all surveys have been dealt with to the satisfaction of the society ™s surveyors in accordance with its rules and regulations irrespective of whether the vessel is a new building, existing secondhand vessel or there is change in the vessel ™s class designation.

6. Final Class Certificate a Certificate issued to a vessel that has satisfactorily passed all the classification society ™s surveys preparatory to its issuance.

7.  Outstanding Recommendation are survey items which were noted by the surveyors as affecting a particular vessel ™s class status if not attended to at a date specified/set by the society. Ultimately, inaction on the part of the shipowners can be a direct cause for the vessel ™s withdrawal of class from the society.

8. Class Maintenance the conduct of regular classification surveys, such as the annual survey, periodical survey, drydocking survey, special survey, etc. on all classed vessels to ensure continued fitness for service.


II
Importation/Chartering of Vessels for Interisland Use


1. The classification of vessels by locally or internationally accredited classification society shall be maintained as post-approval condition on all approvals for importation/bareboat chartering of vessels for interisland use.

2. The Domestic Shipping Office (DSO) shall provide the Franchising Office (FO)/Maritime Regional Offices (MROs) with copies of the foregoing approvals.


1. For vessels required to be classed, no Certificate of Public Convenience (CPC) shall be issued unless the Final Class Certificate is submitted; however, interim/provisional authority to operate (SP/PA) may be issued prior to submission of the Final Class Certificate subject to the submission of the following documents and the duration/frequency of the issuance:

Authority to
Operate

Document

Duration/
Frequency of
Issuance

     

30-day PA

Condition
Survey
Report

Maximum of
one (1) month/
Issuance;
3 issuances

3-month PA

Interim/ Provisional
  Class
Certificate

Maximum of 3
months/
issuance;
3 issuances

No extension of provisional authority shall be granted after the period so stipulated herein shall have lapsed. An applicant for CPC who fails to comply with the class requirement within a period of one (1) year from the time of filing of the application shall lose his/her status as an oppositor to any application in the same route.

Application falling beyond the one (1) year period as above stipulated shall be dismissed without prejudice to the re-filing of the same provided that the applicant shall submit as a requirement for acceptance a Condition Survey Report.

2. If a Final Class Certificate is submitted, such document shall be prima facie evidence that the vessel is class maintained if it is submitted within 12 months from issuance thereof. Otherwise, a certification from the pertinent classification society showing that the vessel is class maintained shall be submitted. Said certification shall be verified/validated by the TSO before acceptance of the same is made.

Corollarily, the drydocking schedule and list of survey status of the vessel may be submitted in lieu of the certification from the classification society.

3. Attestations and Survey Reports prior to classification are not deemed sufficient compliance to the condition on vessel classification; hence, no interim/provisional authority (SP/PA) or Certificate of Public Convenience (CPC) shall be issued unless the documents as enumerated under Items 1 and 2 aforementioned have been submitted.

This Order shall take effect immediately.

Adopted:


(Sgd.) PACIENCIO M. BALBON, JR.
Administrator