TVIB News Subchapter M Updates

USCG: D8 Policy Letter – Guidance for Towing Vessel Operating on Rivers Routes – Rule 27 and Rule 30 Navigation Lights and Day Shapes

July 20, 2020 – D8 has published its much awaited policy on the dayshapes and lights.

Click here to download D8 (dp) Policy Letter 02-20.

USCG: 32 Days from the 50% COI Requirement of 07/20/2020 – 835s Issued for Failure to Meet the 2019 25% COI Requirements

We are seeing the first CG-835Vs issued to vessels for failure to meet the 25% from last July.  In the image above you can read the text from the description of the issue cited during and “Administrative Inspection.”  In this case, the owner/managing operator of the vessel has been given 90-days to make the vessel available for a Coast Guard COI inspection.  If the inspection has not been completed by the 90th day the CG-835V will transition from a code “705 Other: rectify in 90 days” to a code “60 Rectify deficiencies prior to movement” at which time the vessel will no longer be allowed to operate.

Last week on the AWO Summer of Safety conversation with RDML Timme, he communicated the same for the upcoming 50% COI requirement for vessel fleets of more than one vessel and for all owner/managing operators of only one existing towing vessel.

COVID-19 has not pushed back any compliance deadlines set forth in the regulations. The USCG has provided guidance on extensions for certain events and the option of virtual events where feasible. TVIB recently extended the date for activities in which a TPO customer may request an extension or virtual events. Audit and survey activities that have a compliance deadline between now and July 31, 2020, that will not be attainable due to restrictions caused by COVID-19 are eligible to submit the request in accordance with the TVIB COVID-19 Contingency Plan for Subchapter M Compliance published on the website and linked here.

Please visit our COVID-19 web page for forms and additional resources.

USCG: UPDATE CVC-WI-003(2) USCG Oversight of Safety Management Systems

On June 5, 2020, the Office of Commercial Vessel Compliance published an update to CVC-WI-003(2). The document outlines the procedures for Coast Guard personnel to use in evaluating potential non-conformities and corrective action options. It covers the definition of “clear grounds” and steps for an “expanded exam.”

Purpose. This work instruction sets forth guidance for assessing the effectiveness of a company’s Safety Management System (SMS) on U.S. flag vessels through the following processes: • Evaluation of materiel deficiencies for potential SMS process failures; • Evaluation of SMS documentation (certificates, logs, maintenance records, etc.); • Compliance options following objective evidence of an SMS failure; and • Coast Guard oversight of SMS activities performed by Recognized Organizations (RO) and Third Party Organizations (TPO).

Action. Marine Inspectors (MI) and Investigating Officers (IO) that complete vessel inspections, examinations, or casualty investigations on U.S. flag vessels subject to the International Safety Management (ISM) Code as implemented by Title 33 CFR Part 96, including those vessels which comply on a voluntary basis (e.g. Military Sealift Command), should adhere to the guidance herein. For the purposes of this work instruction, a SMS, as defined under the ISM Code, is synonymous with a TSMS required under 46 CFR Part 138.1

Click here to download CVC-WI-003(2) USCG Oversight of Safety Management Systems on U.S. Flag Vessels.