Ship Operations and Safety Committee Update Spring 2011 ASTA Regional Meeting, aboard Barque Eagle 9 April 2011 ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

ASTA Ship Operations and Safety Committee (SOS) Standing committee prescribed by bylaws Looks after regulatory, safety, and operational considerations which could affect member vsls Members Jonathan Boulware, C HAIR Simon Colley Deborah Hayes hip Jennifer Haddock Eric Jones Jonathan Kabak ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

What’s new? ADA USCG Sailing Vessel Rig Inspections Increased Passenger Weight MERPAC AIS requirements EPA Vessel General Permit ECDIS STCW Integration Into US Mariner Licensing ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

American With Disabilities Act New rule in effect as of 3 JAN 2011 Primarily affects ferries and overnight cruise vessels since they provide “transportation” from point A to point B. But… 2 nd rule in effect 15MAR2011 which affects passenger vessels ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Effects of ADA rule Prohibits owners and operators of passenger vessels from discriminating against passengers on the basis of a disability Requires passenger vessels and facilities to be accessible Requires that vessels and facilities take steps to accommodate disabilities ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

DOT vs. DOJ Authority DOT: primarily engaged in transportation of people. Ferries, overnight cruise DOJ: not primarily transportation (there is some ambiguity about where some of our vessels fall in this scheme) ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

What you must do Allow use of aids unless doing so compromises legitimate safety requirements Keep a current copy of the regs on each vessel ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

What you can do Create eligibility criteria Furnish appropriate aids to provide access DOJ Final Rule: 28 CFR Part 36, 75 FR DOT Final Rule: 49 CFR Part 39, 75 FR and 75 FR ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Sailing Vessel Rig Inspections A USCG/ASTA collaborative effort 2 fatalities in Hawaii led to USCG becoming “rig-aware” ASTA working with Senior Travelling Marine Inspection staff to create protocol Awaiting peer review Will result in a Memorandum of Understanding ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

The Big Idea Master as arbiter and responsible party Monthly inspections Careful documentation Opt-in system Third party inspections still OCMI discretion ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Requirements for Rig Inspections 1.A monthly, thorough rig inspection, using an approved checklist. 2.Careful documentation of routine rig maintenance, problems, and corrective action. 3.Log entries for all replacements and other major maintenance. ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

The Choices Pending final action by the USCG in the creation of a national rigging inspection policy: ASTA members encouraged to use the checklist and DRAFT protocol to manage inspections/incidents with the USCG Alternately, the concepts in Honolulu Inspection Note 13 are fast becoming the national standard and have been successfully applied to traditional vessels ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

AIS (Automatic Identification System) Currently required on vessels carrying 150 or more passengers Proposed rule would include 50 or more passengers or >65’ Final Rule Pending, currently no action Stay tuned ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Increased Passenger Weight New AAWPPof 185 lbs. is effective NOW Operators must prove compliance not later than 1 Dec 2011 New stability letters will come out as USCG can allocate resources, in some cases 2012 ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Increased AAWPP Five Ways to Comply 1.Weight Ratio (160 x # of Pass / 185) 2.Weight Compensation (remove other stuff) 3.Direct Verification (weigh ‘em at the rail) 4.Stability Calculations 5.New Stability Proof Test ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Increased AAWPP: some cautionary notes Existing stability data may not be adequate to simply recalculate stability numbers. New SPT might be required. USCG is NOT going to get to all of us by 1 DEC 2011, but you still must prove compliance. Plan ahead: we aren’t getting any skinnier. ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

ECDIS

Electronic Chart Display and Information System – Not just your average chart plotter – Training in safe navigation using ECDIS is now a primary requirement in the STCW-2010 Manila Amendments for all mates and masters standing watch on vessels fitted with ECDIS. The new ECDIS competency requirements of Tables A-II/1 and A-II/2 for vessels of 3,000 gross tons or more (and A-II/3 for less than 3,000 gross tons, for that matter) are clear and detailed: ECDIS must contribute to the safety of navigation. – Use ECDIS functions involving the integration with other sensors, including (when fitted) alternate position source, sounder, ARPA, AIS and radar overlay.

ECDIS Electronic Chart Display and Information System (ECDIS) will be required training for all deck officers on all vessels that are equipped with ECDIS. ECDIS will be treated the same as ARPA or the GMDSS training, where it is an STCW restriction from serving on equipped vessels if you don’t have these training certifications. By January 1, 2012 nearly all vessels more than 200 gross tons will be required under a separate law to have ECDIS equipment. By default, any deck officer on vessels of more than 200 tons will need ECDIS training. There will be two levels of ECDIS, operational and management dealing with the different responsibilities of each. – Expect a phase in period for those grandfathered into new regulations. ECDIS systems can replace paper charts

All About ECDIS All About ECDIS

ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

EPA-National Pollutant Discharge Elimination System (NPDES) Regulates Incidental Discharge from “Normal Operations” of vessels Incidental Discharge i.e. Ballast Water, Bilge Water, Gray Water, Anti-Fouling Paint, etc… Materials that may result in negative environmental impacts ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Vessel General Permit (VGP) The means by which the EPA is regulating vessels that must comply with the NPDES Who is NOT subject to this permit: Military Vessels Recreational Vessels as defined in Sec 502(25) of the Clean Water Act With the exception of ballast water, non-recreational vessels <79 Feet (24.08Meters) All commercial fishing vessels regardless of length These vessels are covered in other sections of the Clean Water Act ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

VGP-Scope and Applicability General Scope of this Permit This permit is applicable to discharges incidental to the normal operation of a vessel identified in Part into waters subject to this permit. These waters are “waters of the United States” as defined in 40 CFR (extending to the outer reach of the 3 mile territorial sea as defined in section 502(8) of the CWA). This includes all navigable waters of the Great Lakes subject to the jurisdiction of the United States. Recreational vessels as defined in section 502(25) of the Clean Water Act are not subject to this permit. Such vessels are not subject to NPDES permitting under Section 402 of the Clean Water Act, and are instead subject to regulation under Section 312(o) of the Clean Water Act. In addition, with the exception of ballast water discharges, non-recreational vessels less than 79 feet (24.08 meters) in length, and all commercial fishing vessels, regardless of length, are not subject to this permit. See P.L Commercial fishing vessels and other non- recreational vessels less than 79 feet are eligible for permit coverage under this permit for their ballast water discharges. If auxiliary vessels or craft, such as lifeboats, rescue boats, or barges onboard larger vessels require permit coverage (i.e. they are greater than 79 feet in length), they are eligible for coverage under this permit and are covered by submission of the Notice of Intent for the larger vessels. Nothing in this permit shall be interpreted to apply to a vessel of the Armed Forces as defined in § 312(a)(14) of the Clean Water Act. ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Vessel General Permit If you are subject to the VGP what do you need to do? <300 Gross Tons – If your vessel is less than 300 gross tons and your vessel does not have the capacity to hold or discharge more than 8 cubic meters (2113 gallons) of ballast water, you do not need to submit an NOI; you automatically receive coverage under this permit and are authorized to discharge in accordance with the conditions set forth within. ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Vessel General Permit >300 Gross Tons/Carry >8 Cubic Meters of Ballast Water – Must file NOTICE OF INTENT (NOI) to discharge under the permit » If you submit an NOI, EPA strongly encourages you to prepare and submit your NOI using EPA’s Electronic Notice of Intent (eNOI) system ( ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

The VGP Vessel VGP November 2010 – Inspections, Monitoring, Reporting, and Recordkeeping – Routine Visual Inspections Documentation of the Routine Vessel Inspection – Analytical Monitoring – Comprehensive Annual Vessel Inspections – Drydock Inspection Reports – Recordkeeping ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

VGP-Record Keeping It is not the intention of this permit to require separate records for the Coast Guard and EPA. Rather, vessels can harmonize their recordkeeping practices, where appropriate, so that records are not unnecessarily duplicative…. Operators may choose how these records will be maintained, but must retain these records on the vessel for a period of 3 years. The vessel master, owner/operator, or person in charge shall make available to EPA or an authorized representative from EPA all records kept under this section upon request. ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Reporting One-Time Permit Report – For each vessel, owner/operators are required to submit a one-time report between 30 months and 36 months after obtaining permit coverage. ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

EPA/USCG MOU ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

EPA-VGP Where to find more information: – EPA Vessel General Permit Information EPA Vessel General Permit Information – – PVA Guidance to Members PVA Guidance to Members – _VGP.pdf _VGP.pdf ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Integrating STCW into the USCG Licensing Scheme

Nov 2009 USCG issues notice of proposed rule making (NPRM) – Brings all Ocean and Near Coastal licenses into full STCW compliance – Major increases in sea service to attain Ocean and Near Coastal licenses – ASTA responds during comment period with written statement and presents additional statement during USCG comment session – USCG delays implementation until after 2010 Manila Convention

2010 June 2010 STCW changes approved by “Manila Amendments” USCG plans full implementation by January 1, 2012 – USCG still has not issued revised NPRM – Entire maritime industry is awaiting information

2011 We’re still waiting……. Guaranteed Changes – End to 500ton Ocean Master loophole – ECDIS requirements – BST Refresher for all mariners – Changes in sea service requirements (ASTA to pursue tonnage calc or other alternative) – Increase in training classes required for licensure

ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

A few more things to watch DSC required on all passenger vessels by 16 DEC 2011 New NVIC (9-97 Change 1) re: Structural Fire Protection (effective 1 APR 2011) Phase out of life floats and buoyant apparatus by 1 JAN 2015 Possible exemption of TWIC req’t for vessels not required to have a security plan ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

A few more things to watch Texting and Sailing: USCG Marine Safety Alert re: Distracted Operation(will this be a rule?) ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011

Thank You Ship Operations and Safety Committee ASTA Ship Operations and Safety Committee Update, ASTA Regional Meeting, aboard Barque Eagle 9 April 2011