46 CFR Subchapter M. Inspection of Towing Vessels Final Rule

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2 46 CFR Subchapter M Inspection of Towing Vessels Final Rule

3 46 CFR Subchapter M PART 136 CERTIFICATION requirements for obtaining and renewing a COI Applicability You get 2 years, the CG gets 6 years Definitions Major Choice: USCG Inspections v. Third Party TSMS Routes

4 46 CFR Subchapter M PART 137 VESSEL COMPLIANCE procedures to demonstrate compliance CG option TSMS option: Internal Audits and External Audits Internal Surveys or External Surveys Scope of Surveys Drydock SW twice in 5/ FW 5 years

5 46 CFR Subchapter M PART 138 TOWING SAFETY MANAGEMENT SYSTEM requirements for those who adopt a TSMS Functional requirements TSMS elements Internal audits External audits

6 46 CFR Subchapter M PART 139 THIRD-PARTY ORGANIZATIONS requirements for TPOs that conduct audits & surveys Class societies TVIB? Qualifications of auditors and surveyor

7 46 CFR Subchapter M PART 140 OPERATIONS health, safety & operational requirements (b) Towing vessels with a TSMS must be operated in accordance with the TSMS applicable to the vessel (a) The safety of the towing vessel is the responsibility of the master and includes: (3) Compliance with the TSMS

8 46 CFR Subchapter M PART 140 OPERATIONS (con t) Records Orientation Drills Written procedures Health & Safety Plan Training TVR Manning (c) > 46 CFR part 15

9 46 CFR Subchapter M PART 141 LIFESAVING requirements for lifesaving equipment, arrangements, systems, and procedures What s your route? Equipment Inspection, testing and maintenance iaw

10 46 CFR Subchapter M PART 142 FIRE PROTECTION requirements for fire suppression and detection equipment and arrangements Drill requirements Detector requirements Not much change on excepted vessels, fixed systems, BVs and fire pumps.

11 46 CFR Subchapter M PART 143 MACHINERY AND ELECTROCAL SYSTEMS AND EQUIPMENT requirements for design, installation, and operation of primary and auxiliary machinery and electrical systems *If an existing vessel is classed it s in compliance with this subpart. Alarms, gages, signage, color coding, sea valves, documented maintenance, fuel shutoff valves directly outside of the fuel oil supply tank, vent pipes, flame screens, fuel piping, fuel hoses <30, pressure vessels, electrical (basic), pilothouse alerter (overnight?)

12 46 CFR Subchapter M PART 143 MACHINERY AND ELECTROCAL SYSTEMS AND EQUIPMENT (con t) Keel laid or major conversion after June 20, 2017= New vessel Plan reviews by PE, Class or USCG <65 can comply with ABYC Meet ABS Rules National Electric Code (NEC) New vessels that move tank barges with oil or hazmat in bulk: , 590, 595, 600, 605 Propulsion, steering & redundancy

13 46 CFR Subchapter M PART 144 CONSTRUCTION AND ARRANGEMENT requirements for design, construction and arrangement, and verification of compliance Detailed sub-applicability Existing vessels: Structural standards classed, or satisfactory service Stability standards classed, or satisfactory service Watertight/weathertight integrity (in effect)

14 46 CFR Subchapter M PART 144 CONSTRUCTION AND ARRANGEMENT (con t) installation not replacement in kind after July 20, Plan review by PE, Class or USCG New vessel = ABS applies Ventilation, means of escape, fire protection, types of mattresses, crew accommodations, storm rails, visibility, window strength

15 46 CFR Subchapter M Applicability

16 46 CFR Subchapter M

17 CG-835 Department of Homeland Security United States Coast Guard Officer in Charge, Marine Inspection Port of New Orleans Date 29JUL18 To: Jim Jones M/V SALLY ANN G.T. 141 You are directed to inform the above officer when the following requirements have been completed. 1. Complete NLT 15Aug18 - Vessel s first aid kit missing splints. 46 CFR Route: Lakes, Bays & Sounds not required

18 CG-835 Department of Homeland Security United States Coast Guard Officer in Charge, Marine Inspection Port of New Orleans Date 29JUL18 To: John Roberts M/V BIG JOE G.T. 89 You are directed to inform the above officer when the following requirements have been completed. 1. Complete NLT 15Aug18 Vessel missing smoke alarms in berthing spaces. 46 CFR Service: Fleet Service Limited Geographic Area Excepted Vessel Not required

19 CG-835 Department of Homeland Security United States Coast Guard Officer in Charge, Marine Inspection Port of New Orleans Date 29JUL18 To: Jane Robinson M/V CHARLES CHAN G.T. 215 You are directed to inform the above officer when the following requirements have been completed. 1. Complete NLT 29Aug18 fresh water pump not marked with current and voltage rating. 46 CFR Correct: All vessels as of July 20, 2018

20 CG-835 Department of Homeland Security United States Coast Guard Officer in Charge, Marine Inspection Port of New Orleans Date 29JUL18 To: Jim Jones M/V SALLY ANN G.T. 141 You are directed to inform the above officer when the following requirements have been completed. 1. Complete NLT 29Aug18 Vessel does not have an alternate means of steering. Both steering pumps use hydraulic fluid from one tank. A rupture of the tank would disable both steering systems. 46 CFR Build date: 1982 not applicable to existing vessels

21 CG-835 Department of Homeland Security United States Coast Guard Officer in Charge, Marine Inspection Port of New Orleans Date 29JUL18 To: John Roberts M/V BIG JOE G.T. 89 You are directed to inform the above officer when the following requirements have been completed. 1. Complete NLT 07Aug18 Failed to provide training to new crewmember on health and safety plan within five days after employment. 46 CFR Almost The regulation applies, but not until July 22, 2019

22 CG-835 Department of Homeland Security United States Coast Guard Officer in Charge, Marine Inspection Port of New Orleans Date 29JUL18 To: Jane Robinson M/V CHARLES CHAN G.T. 215 You are directed to inform the above officer when the following requirements have been completed. 1. Complete NLT 29Aug18 Vessel not properly closing watertight doors when in operations, only closing one dog. 46 CFR (d) Applies to all vessels, but it is a matter of interpretation. No definition for closed

23 CG-835 Department of Homeland Security United States Coast Guard Officer in Charge, Marine Inspection Port of New Orleans Date 29JUL23 To: Jim Jones M/V SALLY ANN G.T. 141 You are directed to inform the above officer when the following requirements have been completed. 1. Complete prior to operation Failed to complete drydock and internal structural survey within required timeframe. The vessel has a freshwater endorsement on the COI as requested by the company. However, interviews with captains and study of logs show regular trips to Mobile through Mississippi Sound. NOV issued. TPO and auditor/surveyor review action initiated.

24 46 CFR Subchapter M Optimal COI Route Service Persons in addition to the crew Excepted vessel Limited geographic area Warm water Fresh water

25 Culture of Compliance Maritime Compliance Management Commitment Strategy Execution Awareness Acceptance Understanding Management Systems Training Motivation Oversight Discipline Continuous Improvement The Gilheany Model for Maritime Compliance Management

26 46 CFR Subchapter M Let s say the USCG inspector or auditor asks, Where did you log the watchstanding terms and definitions training?

27 46 CFR Subchapter M Instead of answering, Wait, what?

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29 46 CFR Subchapter M Let s say the USCG inspector or auditor asks, How do you ensure the regulatory requirements for pilothouse resource management are fulfilled?

30 46 CFR Subchapter M Instead of answering, Well, you know, we do watch relief and trip plans and stuff

31 46 CFR Subchapter M

32 46 CFR Subchapter M Let s say the USCG inspector or auditor asks, Does your current dry docking interval take into account the fact that you operate in certain lakes, bays and sounds which could be salt water?

33 46 CFR Subchapter M Instead of answering, I m not sure what you re getting at

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35 46 CFR Subchapter M What s a show-stopper?

36 46 CFR Subchapter M Proactive management brings fewer fines, fewer headaches, and establishes a reputation of excellence.

37 Subchapter M - TSMS Is Safety Management mandatory for U.S. domestic voyage: Small passenger vessels? Large passenger vessels? Offshore Supply Vessels? Deep draft bulkers? Deep draft tankers? Then why would it be mandatory for towing vessels?

38 Subchapter M - TSMS Final Rule Preamble The Coast Guard disagrees that the TSMS should be mandatory. Although we recognize that the TSMS is scalable and can be developed in a cost-conducive manner, some towing companies may lack the resources or expertise to develop and implement a TSMS. The Coast Guard inspection option is intended to provide greater regulatory flexibility to such companies, or any that may not want to use a TSMS for other reasons.

39 Subchapter M -TSMS Coast Guard Option? or 3 rd Party TSMS Option? Which is best for your company?

40 Subchapter M TSMS What s the intent? What s the history in the maritime industry? What s ISM got to do with it?

41 Subchapter M - TSMS What does the USCG say about an SMS? The implementation of an SMS requires a company to document its management policies and procedures. This ensures that conditions, activities, and tasks affecting safety and environmental protection, both ashore and on board vessels, are planned, organized, executed, and checked in accordance with regulatory and company requirements. For many companies, this means formalizing long-established processes and placing the associated documents under a greater degree of control. For others, establishing an effective SMS is a more comprehensive process. USCG Marine Safety Manual Vol. II

42 Subchapter M - TSMS What does the USCG say about an SMS? Simply put, an effective SMS can be reduced to this simple philosophy: say what you do, do what you say, and be able to prove it! USCG Marine Safety Manual Vol. II

43 Subchapter M - TSMS What goes in a TSMS? 46 CFR

44 Subchapter M - TSMS What policies and procedures must be included and why? 46 CFR (c)(2)

45 Subchapter M - TSMS What s a policy? What s a procedure?

46 Subchapter M - TSMS How to write a policy Big picture concept Concise Cover the intent of the requirement

47 Subchapter M - TSMS Procedures The Number 1 rule is: Don t have any rules unless you intend to enforce them 100% of the time.

48 Subchapter M - TSMS Which procedures? Risk Assessment Risk = Vulnerability x Consequence x Threat

49 Subchapter M - TSMS How to write a procedure Procedure fulfills the policy Carefully choose directive words Start with what they already do Concise Bulletize as much as possible

50 Subchapter M - TSMS Downstreaming? Ultimately, the decision whether to downstream must rest with the vessel operator. Prior to downstreaming under high current conditions, operators should: Ensure that doors and windows on the first deck are closed and secured Ensure that the boat has adequate freeboard aft Notify crewmembers of their intentions to downstream and reiterate lifejacket policy Position crewmembers to climb to safety in the event of a downstreaming casualty.

51 Subchapter M - TSMS What procedural checklists do we need? Critical operations where forgetting a step is likely & the consequence for doing so is severe

52 Subchapter M - TSMS Master Considerations I don t know what that damn book says, I m on my seventh issue. This is how I do it - Captain Just Doesn t Get It

53 Subchapter M - TSMS Proceedings: To steer clear of possible S&R enforcement, a credentialed mariner should do his or her part to ensure a safely functioning vessel by staying up-to-date on either the company s safety management system rules (if there is a formal SMS) or on the company s policies (if no formal SMS exists), especially as they pertain to safety aboard the ship. Violations of the SMS rules and shipboard regulations can invoke jurisdiction over their Coast Guard issued credential. CDR Christopher F. Coutu, Chief, Suspension and Revocation National Center of Expertise

54 Subchapter M - TSMS *Important* A company can operate under a TSMS and still choose the CG inspection option for compliance. But if a company is going to bet its COIs on the fact that all captains will operate the vessels in accordance with written procedures in the TSMS, they should make sure they have the best possible procedures and that the company has the proper tools, leadership and management in place to ensure consistent compliance.

55 Subchapter M - TSMS Companies intending to fall under the TSMS can get a head start by following these three steps: 1. Involve captains and crews in revamping policies and procedures until they are realistic and reflect the best practices for their vessels and operations. No more big fat books that sound good, but just sit on a shelf.

56 Subchapter M - TSMS 2. Find creative ways to get captains and crews to actually look up and follow the written policies and procedures, keeping in mind the Coast Guard s policy on safety management system, Say what you do, do what you say, and be able to prove it!

57 Subchapter M - TSMS 3. Use a risk-based approach and only produce mandatory operational checklists for nonroutine operations where the likelihood of error is great, and the consequence of error is severe.

58 Subchapter M - TSMS As difficult as the years ahead will be, the task at hand will not be impossible with the right: Leadership and Management.

59 Subchapter M - TSMS Be not afraid, it is manageable. Thank you.

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