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46 CFR Subchapter M

Inspection of Towing Vessels

Final Rule

46 CFR Subchapter M

PART 136—CERTIFICATION

“requirements for obtaining and renewing a COI”

Applicability

136.172 You get 2 years, the CG gets 6 years

Definitions

Major Choice: 136.130

USCG Inspections v. Third Party TSMS

Routes

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

46 CFR Subchapter M

PART 138—TOWING SAFETY

MANAGEMENT SYSTEM

“requirements for those who adopt a TSMS”

138.215 Functional requirements

138.220 TSMS elements

138.310 Internal audits

138.315 External audits

46 CFR Subchapter M

PART 139—THIRD-PARTY

ORGANIZATIONS

“requirements for TPOs that conduct audits & surveys”

139.110 Class societies

TVIB?

139.130 Qualifications of auditors and

surveyor

46 CFR Subchapter M

PART 140—OPERATIONS

“health, safety & operational requirements”

140.205(b) Towing vessels with a TSMS must be

operated in accordance with the TSMS

applicable to the vessel.

140.210(a) The safety of the towing vessel is the

responsibility of the master and includes: (3)

Compliance with the TSMS

46 CFR Subchapter M PART 140—OPERATIONS (con’t)

Records

Orientation

Drills

Written procedures

140.500 Health & Safety Plan

Training

140.915 TVR

Manning 140.205(c) > 46 CFR part 15

46 CFR Subchapter M

PART 141 —LIFESAVING

“requirements for lifesaving equipment, arrangements,

systems, and procedures”

What’s your route?

Equipment

141.235 Inspection, testing and maintenance…

iaw 199.190

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.

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?)

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:

143.585, 590, 595, 600, 605 – Propulsion, steering & redundancy

46 CFR Subchapter M

PART 144 —CONSTRUCTION AND

ARRANGEMENT

“requirements for design, construction and arrangement, and

verification of compliance”

Detailed sub-applicability

Existing vessels:

144.200 – Structural standards – classed, or satisfactory service

144.300 – Stability standards – classed, or satisfactory service

144.320 – Watertight/weathertight integrity (in effect)

46 CFR Subchapter M

PART 144 —CONSTRUCTION AND

ARRANGEMENT (con’t)

144.135 – installation not “replacement in kind” after July 20, 2016

144.145 Plan review by PE, Class or USCG

144.205 New vessel = ABS applies

Ventilation, means of escape, fire protection, types of mattresses,

crew accommodations, storm rails, visibility, window strength

46 CFR Subchapter M

Applicability

46 CFR Subchapter M

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 140.435

Route: Lakes, Bays & Sounds – not required

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 142.330

Service: Fleet Service – “Limited Geographic Area” – Excepted Vessel – Not required

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 143.400

Correct: All vessels as of July 20, 2018

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 143.585

Build date: 1982 – not applicable to existing vessels

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 140.515

Almost… The regulation applies, but not until July 22, 2019

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 140.610(d)

Applies to all vessels, but it is a matter of interpretation. No definition for “closed”

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.

46 CFR Subchapter M

Optimal COI Route

Service

Persons in addition to the crew

Excepted vessel

Limited geographic area

Warm water

Fresh water

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©

46 CFR Subchapter M

Let’s say the USCG inspector or auditor asks,

“Where did you log the

‘watchstanding terms and

definitions’ training?”

46 CFR Subchapter M

Instead of answering,

“Wait, what?”

46 CFR Subchapter M

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?”

46 CFR Subchapter M

Instead of answering,

“Well, you know, we do

watch relief and trip

plans and stuff…”

46 CFR Subchapter M

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?”

46 CFR Subchapter M

Instead of answering,

“I’m not sure what

you’re getting at…”

46 CFR Subchapter M

46 CFR Subchapter M

What’s a show-stopper?

46 CFR Subchapter M

Proactive management

brings fewer fines, fewer

headaches, and establishes

a reputation of excellence.

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?

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.” “

Subchapter M -TSMS

Coast Guard Option?

or

3rd Party TSMS Option?

Which is best for your company?

Subchapter M – TSMS

What’s the intent?

What’s the history in the maritime

industry?

What’s ISM got to do with it?

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

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

Subchapter M - TSMS

What goes in a TSMS?

46 CFR 138.220

Subchapter M - TSMS

What policies and procedures must

be included and why?

46 CFR 138.220(c)(2)

Subchapter M - TSMS

What’s a policy?

What’s a procedure?

Subchapter M - TSMS

How to write a policy…

Big picture concept

Concise

Cover the intent of the requirement

Subchapter M - TSMS

Procedures

The Number 1 rule is:

Don’t have any rules…

unless you intend to enforce them 100%

of the time.

Subchapter M - TSMS

Which procedures?

Risk Assessment

Risk = Vulnerability x Consequence x Threat

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

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.

Subchapter M - TSMS

What procedural checklists do we need?

Critical operations where forgetting a step

is likely

&

the consequence for doing so is severe

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

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

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.

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.

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!”

Subchapter M - TSMS

3. Use a risk-based approach and only produce

mandatory operational checklists for non-

routine operations where the likelihood of error

is great, and the consequence of error is severe.

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.

Subchapter M - TSMS

Be not afraid,

it is manageable.

Thank you. www.martimecomplianceinternational.com