U S Coast Guard Notice of Proposed Rulemaking

U. S. Coast Guard Notice of Proposed Rulemaking Inspection of Towing Vessels Articulated tug-barge Nov 2011 1

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 2

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/operations are 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 safety and security checks at any time. Ocean-going Tugboat 3

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. 4

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. 5

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 6

Inspection of Towing Vessels Notice of Proposed Rulemaking • Adds new subchapter (M) to 46 CFR. • Establishes baseline regulations for inspected towing vessels. • Defines the Towing Safety Management System (TSMS). Operations in fleeting area • 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. 7

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 8

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 9

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. 10

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, and CG oversight = a dynamic system. View from the pilothouse 11

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 / 5 yrs / Risk). Workboat + The USCG reviews reports. = Harbor Tugboat Certificate of Inspection issued to vessels in compliance. 12

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 13

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 14

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 15

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. 16

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

A Bridge to Inspection… Mr. Patrick Lee Towing Vessel National Program Coordinator Office of Vessel Activities (CG-5431) 202 -372 -1135 18 6/11/2021

Towing Vessel Bridging Program Why do we need a bridge? 19 6/11/2021

A Phased Approach… Subchapter “M” Published Summer 2009 Phase 1 üOutreach & Education üIIEs üTesting of Risk Tool üQualification/PQS üId of FORs Phase 2 üPrioritized Exams üCourse Development üComments on NPRM ü 100% FORs examined Phase 3 üCOI Issuance üFormal Training Law Enforcement Boardings & Surge Operations 6/11/2021 20

Phase 2 Prioritization Matrix High Priority Vessel • Company has not participated in Phase 1 • Vessel has not been examined Low Priority Vessel • Company participating in Phase 1 • Vessel has not been examined Non-Priority Vessel • Company participating in Phase 1 • Vessel has been examined Enclosure (1) 6/11/2021

22 6/11/2021

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

Towing Vessel National Center of Expertise What is it? Who is it? What can it do for me? 6/11/2021 24

Towing Vessel National Center of Expertise United States Coast Guard Towing Vessel National Center of Expertise 6/11/2021 25

Why is the Center of Expertise in Paducah? Hub of the inland waterways Tow Boat City USA Seamen’s Church Institute United States Coast Guard Towing Vessel National Center of Expertise 6/11/2021 26

The TVNCOE Team Active Military: LCDR Russell Supervisor COE Manager Inspector LCDR Bethke Asst. Supervisor Asst. Manager Inspector LCDR Keogh Inspector Investigator Civilians: Roy Murphy Steven Douglass Industry Licensed Master Training Chief Engineer United States Coast Guard Towing Vessel National Center of Expertise Bill Perkins Mike Kelly USCG retired Inspector Investigator

United States Coast Guard Towing Vessel National Center of Expertise 6/11/2021 28

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 United States Coast Guard Towing Vessel National Center of Expertise 6/11/2021 29

Training UTV Examiner Course Total = 8 (FY 10 & FY 11) CG Students trained = 152 Industry reps participated = 52 Companies represented = 33 Other Outreach Firefighting Pressure vessel AEP River Operations Golding Barge Line Vane Brothers Marathon Oil Hunter Marine Ingram Foss Maritime Co United Barge Line Penn Maritime, Inc Campbell Transportation Co Canal Barge Co Kirby Corp Mar. Com United States Coast Guard Towing Vessel National Center of Expertise 6/11/2021 30

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 United States Coast Guard Towing Vessel National Center of Expertise 6/11/2021 31

United States Coast Guard Towing Vessel National Center of Expertise 6/11/2021 32