Maritime Compliance Report

14The purpose of writing down the best procedure for a particular operation in a safety management system is to standardize operations in order to minimize human error. Safety management systems (SMS) vary greatly regarding their content, even within the same industry. That's because it's up to the company using it, or developing it, to determine which operations should be included. Some regulatory requirements, or industry programs, dictate what topics require policies and procedures, but most provide general headings. For example, the International Safety Management (ISM) Code provides a general outline such as Section 7 – Shipboard Operations. The company is expected to fill in the blanks.

 Hopefully you made the deadline of January 30th to submit your Nontank Vessel Response Plan (NTVRP) to the Coast Guard. According to Coast Guard Headquarters, on January 31, 2014, all old nontank vessel response plans were to be deactivated. That's because the long awaited final rule for the nontank vessel response plan regulations was published a few months ago. The old nontank vessel response plans were drafted based upon Coast Guard guidance, which is now superseded by the regulation.

The regulation applies to any vessel operating in U.S. water that is measured 400 gross tons or more, regulatory or ITC. From there, the sub-applicabilities get a little complicated based upon capacities. Some of the additional service requirements include fire-fighting and salvage, dispersants, aerial surveillance, shoreline protection and shoreline clean-up. If applicable, evidence of signed contracts for these services must be submitted with the NTVRP.

vgp The 2008 Environmental Protection Agency (EPA) Vessel General Permit (2013 VGP) expires on December 19, 2013. On the same day the new EPA VGP 2013 will go into effect. The following is a summary of most of the issues vessel operators might be concerned with. However, this summary will not be comprehensive, and vessel operators should refer to the permit itself to ensure compliance.

 The maritime security regulations call for the use of a Declaration of Security (DOS) during certain times and situations when there a heightened security threat. The International Ship and Port Security (ISPS) Code takes a more general approach to the DOS than do the very specific U.S. Coast Guard regulations on the topic, which spell out which types of interfaces require a DOS at which MARSEC levels.

 The Workboat Show this year was a little warmer than most, as it is usually held in December, but the "Subchapter M" buzz has certainly cooled off since last year's show. As the years go by, with no word of when the final rule may come, many have become desensitized.

Don't miss the 2013 Workboat Show. It's not in December this year. In fact, it's only three weeks away. The International Workboat Show will take place at the Morial Convention Center in New Orleans from October 9th through October 11th.

When should a checklist be required?

In the past, I have heard many opinions from vessel operators on what they consider a "good" Coast Guard marine inspector to be. The majority opinion has been that good inspectors apply "common sense" in enforcing regulations, or that they do not necessarily, "follow the book." I disagree.

The truth is, enforcing prescriptive regulations has very little to do with applying common sense. Enforcing performance or management based regulations if a different story altogether, but we'll save that for future discussions.  While some regulations may seem to be drafted without "common sense," the authority to waive them is above an inspector's pay grade. An inspector who is not knowledgeable of the regulations he is charged with enforcing, or is not thorough or consistent in enforcing them, is not doing anyone any favors.

A recent tragedy reminds us of the important role of the government inspector. On June 5, a building collapsed in Philadelphia killing six people. According to news reports a city building inspector had been to the site on February 12 and 25. He returned to the site on May 14 when a citizen complained about the demolition taking place on the building next door to the one that collapsed. Reportedly, the inspector found the complaints unfounded. On June 12, seven days after the deadly collapse, the inspector's body was found in his vehicle where he had died from an apparent self inflicted gunshot wound to the chest. This is a tragic event for all involved, but provides an opportunity to reflect on the essential role of the government inspector.

All marine inspectors, and those civilians who intend to become third party surveyor and auditors under Subchapter M, should to read the excellent book, Ship Ablaze, by Edward T. O'Donnell. The book tells the account of the Steamboat General Slocum, which caught fire in the East River on June 15, 1904, with the loss of over one thousand men, women and children. The vessel had been inspected, and certified as seaworthy, only six weeks prior by Inspector Henry Lundberg of the U.S. Steamboat Inspection Service, an agency whose responsibilities were later incorporated into the U.S. Coast Guard. After the investigation it was determined that much of the fire fighting and lifesaving equipment on board was inadequate, and it was reported that fire drills were not being conducted. Inspector Lundberg was convicted of criminal negligence for his failure in enforce federal regulations. The captain of the General Slocum was convicted of manslaughter and sentence to ten years hard labor in Sing Sing prison. President Theodore Roosevelt rejected his pardon request.

Being a government regulatory inspector is a serious and noble profession, and one which should not be taken lightly. Coast Guard marine inspectors are highly trained professionals with extensive on-the-job and classroom training. A "good" inspector, or third party acting as one, is one who is extremely knowledgeable, thorough, and consistent. Companies fortunate enough to be assigned a good inspector should consider themselves well served.

 The level of understanding of Subchapter M runs the gamut from nonexistent to expertise. Some in the towing industry have been involved with the process for the past eight years, helping to steer the direction of the final rule. Others in the towing industry have still never heard of a TSMS or think Subchapter M is a pipe dream which will never come to fruition. So here's a basic recap for those who may have been too busy to pay attention.