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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