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Passenger Vessel Operators: 2019 Updates and Advocacy Efforts

Stay informed on the latest issues impacting passenger vessel operators. This update covers legislative impacts, combatting illegal charters, sharing the waterways, safety initiatives, security, and more.

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Passenger Vessel Operators: 2019 Updates and Advocacy Efforts

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  1. ISSUES IMPACTING PASSENGER VESSEL OPERATORS Passenger Vessel Association

  2. ISSUES IMPACTING PASSENGER VESSEL OPERATORS • 2019 UPDATES • Advocacy • Legislative Impacts • Combatting Illegal Charters • Sharing the Waterways • Safety Initiatives • Security • TWIC • Small Shipyard Grants • VW Settlement for Repowers

  3. ADVOCACY

  4. ADVOCACY • PVA Congressional Fly-In in Spring – April 30, 2019 • Identify Cumulative Rulemaking Effects • User Fees Capped in mid 1990s • Ensure Coast Guard Safety and Inspection Program is Adequately Staffed and Funded • Delays are costly • Contacted Congressional leaders during shutdown to fund the Coast Guard • Impact of Subchapter M on resources • Support new risk-based inspection matrix • Not widely used • Conflict with training?

  5. EPA VESSEL GENERAL PERMIT (VGP) • Small Vessel Exemption Made Permanent in 2018 Coast Guard Authorization Act • PVA led efforts with other associations • VGP Applies to: • Commercial Vessels of 79 feet or greater and • Any Commercial Vessel with Ballast Water Discharges • Recordkeeping Requirements • Permit Authorization and Record of Inspection (PARI) Form • Annual Report Submission Due February 28 each year • Until new VGP Regulations are written by EPA and Coast Guard, reporting remains unchanged

  6. Coast Guard Authorization Act of 2018 • Improve the Appeals Process • Report on Marine Inspector Training • Reduce Logbook Requirements • 2010 requirement for “Official Logbook” was onerous • Coast Guard never initiated regulatory change • Changes to Radar Refresher Training • Not everyone needs to attend a course • Delta Queen Legislation

  7. Save Our Seas Act of 2018 • El Faro casualty recommendations were a major driver • PVA had Input into Marine Safety Provisions • Domestic vessel compliance reporting • Safety Management System audit • CG personnel training • Major Marine Casualty damage threshold • Ensured requirements for oceangoing cargo ships did not filter down to domestic passenger vessels

  8. Combatting Illegal Charters

  9. Combatting Illegal Charters • Illegally operated vessels skirt Coast Guard regulatory and safety oversight and compete directly with legal operators. • Hard to tell who is legal • Casualties on board illegal charters impact legal operators • Jaguar 2017 w/2 fatalities • Miami Vice 2018 w/one fatality • Education and outreach to operators and the public to clarify the legal requirements associated with chartering vessel.

  10. Combatting Illegal Charters • Licensed Masters that take jobs offered by vessel owners and promoters need to be aware of what charters are legal and illegal. • Masters can be held responsible for operating an illegal charter. • Coast Guard/PVA working issue at Headquarters level • Progress from Coast Guard on enforcement • Chicago • Miami • Seattle • Press releases are good

  11. Sharing the Waterways

  12. Sharing the Waterways • Growing recreational boating population especially human powered craft such as kayaks and stand up paddleboards • PVA engagement: • Boating Safety Advisory Committee • NASBLA • CG/PVA Partnership • Education Grants and Cooperation • NTSB Safety Recommendation Report • “The U.S. Coast Guard should require recreational boaters on US navigable waterways to demonstrate completion of an instructional course meeting the National Association of State Boating Law Administrators or equivalent standards.”

  13. SAFETY INITIATIVES

  14. SAFETY Initiatives • Flagship -- PVA’s Safety Management System • Recognized by Coast Guard Headquarters as meeting the functional elements of a Safety Management System • Coast Guard and NTSB focus on Safety Management • Island Lady Casualty in January 2018 • Stretch Duck 7 Casualty in July 2018 • Working Groups Through Coast Guard Partnership • Engine Control Automation • Lithium-Ion Battery installations

  15. SAFETY Initiatives • Working groups formed to address • Amphibious Vehicles • Mariner Fitness and Company Responsibility • What to do when mariner fitness is questioned? • Injury • Medication • HIPA • Recent Draft Medical Manual comments • Provisions to suspend Medical Certificates • What is credible information for the Coast Guard to act upon?

  16. SAFETY INITIATIVES • Safety Resources • Online training resources for members • Videos and manuals • Interfering with Operation of Commercial Vessel (Rail Jumper) Guidance • Not just jumping • Fighting • Laser strikes • Increased number of Civil Penalty cases by local Coast Guard Investigators due to PVA engagement in 2016

  17. MARINE CASUALTY REPORTING • Final Rule • Published March 19, 2018 • Raises dollar thresholds for reporting • Reporting - $25,000 to $75,000 • Serious Marine Incident - $100,000 to $200,000 • Drug Testing tied to Serious Marine Incident • Has Casualty Reporting Gotten Better with New CG-2692?

  18. Rail Jumping and Social Media Trends

  19. Rail Jumping Deterrence

  20. Rail Jumping Fine Increased • Violation of the Law on Negligent Operations (46 U.S.C. 2302 (a); 33 CFR 27.3 (Rail Jumper) • Fine Increased to $34,871 (was $34,013)

  21. SECURITY

  22. SECURITY • Alternate Security Program (ASP) • Coast Guard Approved • Audits, Drills and Exercises – don’t forget to do them! • Fourth Revision September 2017 • Includes cyber awareness • TWIC Reader • Improved format • Security Resources • TSA DVDs • Online

  23. TWIC • Not Every Credentialed Mariner Needs a TWIC – not necessary for a Captain of a vessel without a security plan • Major Success ! – Rule on Electronic TWIC Readers • Nearly all U.S.-flagged passenger vessels exempt from having to use Electronic TWIC readers • PVA lobbied, testified, and commented repeatedly for this result • Implementation of readers is currently suspended while TWIC program effectiveness is under review

  24. Small Shipyard Grant Program Extended • Program Renewed for 3 More Years (FY 2021) • Maritime Administration Grants for capital improvements in facilities • Current Appropriations at $20 million this year • Applications typically open in the Spring of each year • PVA will continue to advocate to fund this program

  25. VW Settlement for Repowers • Agreement to settle legal charges by Federal Government • $3B in Environmental Mitigation Trust Fund • Allocations to each state • Goal: replace and upgrade engines for better emissions performances • States develop Beneficiary Mitigation Plan • Check status at: http://vwclearinghouse.org/#settlement_info • Encourage substantial funding for marine purposes • Inquire about schedule and process for awards • Diesel Engine Reduction Act (DERA) Trust Fund

  26. THANK YOU! • PASSENGER VESSEL ASSOCIATION • 103 Oronoco Street • Suite 200 • Alexandria, VA 22314

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