Maritime Compliance Report
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Towing Vessel Regulations – Don’t Skip the “Discussion”
Hopefully all concerned parties have had a chance to study the Notice of Proposed Rulemaking (NPRM) on towing vessel inspections, because the regulations will have a significant impact on the industry in the years to come. The Coast Guard public meetings scheduled over the next couple of months should spark some interesting commentary which will surely make the meetings worth the price of admission.
There are many controversial issues regarding the proposed regulations. One of the most prominent seems to be that many do not agree that towing vessels needed to be "inspected" vessels. Some feel that the bridging program and towing vessel examinations have been very successful in raising the level of compliance and are sufficient to ensure safe operations. While others maintain that the towing industry is safe, they agree with making towing vessels "inspected" in order to remove the stigma of "uninspected" vessels, and improve or eliminate shoddy operators. This discussion may seem moot at this point, but the "why" is important.
The Coast Guard provides justification for their regulations in the NPRM through statistics and studies, to explain why towing vessels are now required to be inspected. Regardless of what side of the argument you were on as to why towing vessels needed to be inspected or not, what matters at the end of the day, is the justification the Coast Guard writes in the Federal Register. Because when disputes arise regarding the intent of the regulations, which they always do, prudent Coast Guard inspectors and their supervisors refer back the "discussion" part of the Federal Register to determine the intent of the regulations.
For example: during a Coast Guard oversight inspection, a towing vessel company is found to be in noncompliance because the captain does not follow the written policies and procedures in the TSMS. The company argues to the Coast Guard that the procedures are guidelines for the captain to refer to if need be and not hard and fast rules. Besides, the company further explains that the only reason the TSMS is in the regulations is because the industry asked for it. The prudent Coast Guard inspector would respond that, according to the Federal Register: "the majority of towing vessel accidents are related to human factors," and the TSMS was included as a means to address human factors, and that "the TSMS will provide instructions and procedures for the safe operation of the vessel." Therefore, if the captain does not follow the written procedures provided by the company, the human factors remain unaddressed, and therefore the company is not operating in accordance with the intent of the regulations…. And while we're at it, who did your last audit?
You can influence the future content of the Federal Register discussion by commenting to the docket and participating in the public meetings. Don't miss the opportunity.
*Originally published in the Workboat blog Regulatory Roundup.
There are many controversial issues regarding the proposed regulations. One of the most prominent seems to be that many do not agree that towing vessels needed to be "inspected" vessels. Some feel that the bridging program and towing vessel examinations have been very successful in raising the level of compliance and are sufficient to ensure safe operations. While others maintain that the towing industry is safe, they agree with making towing vessels "inspected" in order to remove the stigma of "uninspected" vessels, and improve or eliminate shoddy operators. This discussion may seem moot at this point, but the "why" is important.
The Coast Guard provides justification for their regulations in the NPRM through statistics and studies, to explain why towing vessels are now required to be inspected. Regardless of what side of the argument you were on as to why towing vessels needed to be inspected or not, what matters at the end of the day, is the justification the Coast Guard writes in the Federal Register. Because when disputes arise regarding the intent of the regulations, which they always do, prudent Coast Guard inspectors and their supervisors refer back the "discussion" part of the Federal Register to determine the intent of the regulations.
For example: during a Coast Guard oversight inspection, a towing vessel company is found to be in noncompliance because the captain does not follow the written policies and procedures in the TSMS. The company argues to the Coast Guard that the procedures are guidelines for the captain to refer to if need be and not hard and fast rules. Besides, the company further explains that the only reason the TSMS is in the regulations is because the industry asked for it. The prudent Coast Guard inspector would respond that, according to the Federal Register: "the majority of towing vessel accidents are related to human factors," and the TSMS was included as a means to address human factors, and that "the TSMS will provide instructions and procedures for the safe operation of the vessel." Therefore, if the captain does not follow the written procedures provided by the company, the human factors remain unaddressed, and therefore the company is not operating in accordance with the intent of the regulations…. And while we're at it, who did your last audit?
You can influence the future content of the Federal Register discussion by commenting to the docket and participating in the public meetings. Don't miss the opportunity.
*Originally published in the Workboat blog Regulatory Roundup.
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