U.S. Coast Guard Notice of Proposed Rulemaking Inspection of Towing Vessels

1. U.S. Coast GuardNotice of Proposed Rulemaking Inspection of Towing Vessels Articulated tug-bargeNov 2011

2. Inspection of Towing Vessels • Reason for Proposed Rule • The CG & Maritime Transportation Act of 2004: • Added towing vessels as a class of inspected vessels. • Authorized the establishment of a safety management system for towing vessels. • Authorized the USCG to prescribe maximum hours of service for individuals on towing vessels at least 26 feet in length. Line-Haul Towboat

3. Inspection of Towing Vessels Current Regulatory Status: Towing vessels are regulated but most are not inspected. • The USCG does not issue Certificates of Inspection (COI) to towing vessels unless they are over 300 GT and in oceans service. • Certain tow vessel components/operationsare only subject to USCG regulations that are: • Specific to towing vessels • Applicable to all uninspected vessels • Applicable to all vessels • The USCG may board towing vessels for safetyand security checks at any time. Ocean-going Tugboat

4. Inspection of Towing Vessels • Historical Background of the Rule • Dec 2004: • The USCG published a notice with request for • comments, as well as a notice of public meetings. • Four public meetings were held. • American Bureau of Shipping Group (ABSG) Report: • 1-year contractor-supported study: • Categorized the industry • Analyzed casualty data • Provided economic data • The USCG visited companies and vessels and • internally reviewed accident histories.

5. Inspection of Towing Vessels • Regulation sought by the American Waterways Operators (AWO). • Creates single agency (Coast Guard (USCG)) oversight. • Levels the playing field across the industry by establishing base standards. • Therefore, the USCG established a joint working group with the AWO to improve safety.

6. Inspection of Towing Vessels • Building the Rule • TSAC involvement: • TSAC/USCG began working together in the fall of 2004. • Interactive project. • Nearly 200 industry representatives • participated. • Added time to the project but produced • dividends at the end. • Incorporated TSAC recommendations • into the rule. Line-Haul Towboat

7. Inspection of Towing Vessels Notice of Proposed Rulemaking • Adds new subchapter (M) to 46 CFR. • Establishes baseline regulations forinspected towing vessels. • Defines the Towing Safety ManagementSystem (TSMS) . • Prescribes qualifications for third-party auditors and related procedures. • Prescribes procedures for vessel compliance and obtaining a certificate of inspection (COI). • Reflects cooperation with TSAC. Operations in fleeting area

8. Inspection of Towing Vessels Key Elements • Standards (lifesaving, fire protection, machinery, etc.): • Developed specifically for towing vessels. • Applicability: • Limited to “traditional” towing vessels—for now. • Focused on risk. • Safety Management System: • The core of operations and compliance. • Addresses the human element. • Ties management to vessels. • Used throughout manufacturing, financing, transportation (ISM mandated, RCP proprietary). • Facilitates audited compliance activities. • Third-party auditors and surveyors: • Allows for flexibility—service when/where needed. • Allows the CG to focus on the areas of greatest risk. • Coast Guard Option

9. Inspection of Towing Vessels • 46 CFR subchapter M: • Part 136—CERTIFICATION • Part 137–VESSEL COMPLIANCE • Part 138—TOWING SAFETY MANAGEMENT SYSTEMS (TSMS) • Part 139—THIRD-PARTY ORGANIZATIONS • Part 140—OPERATIONS • Part 141—LIFESAVING • Part 142—FIRE PROTECTION • Part 143—MACHINERY AND ELECTRICAL SYSTEMS AND EQUIPMENT • PART 144—CONSTRUCTION AND ARRANGEMENT Line Haul

10. Inspection of Towing Vessels Applicability • In general, this regulation would apply to towing vessels ≥ 26 ft., as well as any towing vessels pushing, pulling, or hauling a barge carrying dangerous or hazardous materials. Towboat pushing two covered hoppers, likely carrying grain, and one tank barge.

11. Inspection of Towing Vessels Towing Safety Management System • Risk-based: Analysis of accident data and experts’ inputs. • Human factors: training, safety drills, crew endurance management program, restrictions on hours of service. • Equipment: lifesaving, fire protection, electrical and machinery,vessel operational requirements. • Recordkeeping. • TSMS + audits, surveys, andCG oversight = a dynamic system. View from the pilothouse

12. Inspection of Towing Vessels Proposed Third Party Concept The USCG approves third-party auditors and surveyors. + Companies implement TSMS and ensure vessels meet standards. + Third parties verify compliance (Audit TSMS / Survey vessels). + The USCG boards vessels (Initial / 5yrs / Risk). + The USCG reviews reports. = Certificate of Inspection issued to vessels in compliance. Workboat Harbor Tugboat

13. Inspection of Towing Vessels • Towing Company Responsibilities • Develop and implement TSMS on vessels and shore side operations. • Operate under TSMS. • Maintain vessels in compliance • with regulations and TSMS. Tugboat backing bow around

14. Inspection of Towing Vessels • Third Party – Auditor and Surveyor Responsibilities • Review TSMS and approve TSMS if it complies with the proposed requirements. • Audit TSMS and vessels. • Survey towing vessels. Articulated tug-barge in open waters

15. Inspection of Towing Vessels • Coast Guard Responsibilities • Approve and oversee third-party auditors and surveyors. • Ensure CG inspection of every • towing vessel at least once every • 5 years. • Additional risk-based boarding of towing vessels. • Issue Certificate of Inspection (COI). Tow transiting lock

16. Inspection of Towing Vessels Affected Vessels • 5,208 Towing Vessels (including towboats and tugboats). • Vessels operating in inland rivers, Great Lakes, coasts, and oceans. • Perform line-haul, fleeting, and harbor assist operations. Affected Companies • 1,059 owner/operator companies. • 327 companies, with either a full safety management system or similar program, control 2,941 vessels. • 827 companies, without safety management systems or similar programs, control 2,267 vessels.

17. Inspection of Towing Vessels Compliance Phase-in for a Towing Company Final Rule YR 0 YR 2 YR 6 YR 11 TSMS 2yrs fm FR Compliance COI 4yrs fm TSMS 25% p/yr Deferred Machinery & Electrical (M&E) 5yrs fm COI Deferred redundancy M&E 5yrs from COI

18. A Bridge to Inspection… Mr. Patrick Lee Towing Vessel National Program Coordinator Office of Vessel Activities (CG-5431)202-372-1135

19. Towing Vessel Bridging Program Why do we need a bridge?

20. A Phased Approach… • Phase 3 • COI Issuance • Formal Training • Phase 2 • Prioritized Exams • Course Development • Comments on NPRM • 100% FORs examined • Phase 1 • Outreach & Education • IIEs • Testing of Risk Tool • Qualification/PQS • Id of FORs Subchapter “M” Published Summer 2009 Law Enforcement Boardings & Surge Operations

21. Phase 2 Prioritization Matrix

23. UTV Fleet of Responsibility 117 313 225 415 3955 343 158 347 66

24. What is it? Who is it? What can it do for me? Towing Vessel National Center of Expertise

25. Towing Vessel National Center of Expertise

26. Why is the Center of Expertise in Paducah? • Hub of the inland waterways • Tow Boat City USA • Seamen’s Church Institute

27. The TVNCOE Team Active Military: LCDR Russell LCDR Bethke LCDR Keogh Supervisor Asst. Supervisor Inspector COE Manager Asst. Manager Investigator Inspector Inspector Civilians: Roy Murphy Steven Douglass Bill Perkins Mike Kelly Industry Industry USCG retired USCG retired Licensed Master Licensed Master Inspector Inspector Training Chief Engineer Investigator Investigator

29. CG’s Experts on Towing Vessels • Training • Assist in the development of curriculum • Improve consistency of exams, inspections • Information brokers • Gather, organize, distribute important data • Subject Matter Expertise • Identify issues and help shape policy • Bring the industry and Coast Guard together

30. Training • UTV Examiner Course • Total = 8 (FY10 & FY 11) • CG Students trained = 152 • Industry reps participated = 52 • Companies represented = 33 • Other • Outreach • Firefighting • Pressure vessel

31. TVNCOE Website • Quick access to towing vessel information • Centralized location for current CG policies, guidebooks, PQS manual, job aids, etc • Links to other resources • News & Events www.uscg.mil/tvncoe

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