On 12/31/2019, we communicated with you the successful result of our appeal that resulted in the allowance of 90-days before and 90-days after the COI issue date for annual surveys performed under a company’s internal survey program. The USCG first communicated this revised interpretation in the TPO Guidebook (CVC-Policy Letter 17-04 change 2 on 12/31/2019).
Today the USCG issued change 4 to CVC-WI-013 Towing Vessel COI Inspections Under TSMS Option (dated 12/31/2019) that further confirms this position as a work instruction for use by USCG Marine Inspectors. You can find this revision on page two, item D 1 a. i. We have not completed an exhaustive review of the document yet to determine if there are additional changes but we’re proud to have been the leader on this issue with the USCG which resulted in a positive outcome for all companies that have elected to use an internal survey program under the TSMS option.
Click here to download CVC-WI-013(4) Towing Vessel COI Inspections Under TSMS Option
On 12/30/2019 the USCG issued a work instruction outlining enforcement guidance related to the verification and testing of overspeed protection by the USCG.
Excerpt from CVC-WI-011(1)
a.Coast Guard Marine Inspectors should continue to verify mechanical engine overspeed deviceoperation as specified per reference (d) Section B, Chapter 1.
b.Verification of the electronic overspeed protection device should be conducted not less thanonce every five years. This test should be conducted in accordance with the manufacturer’stest procedures. Completion of verification shall be recorded in the MISLE narrative.
Click here to download CVC WI-011(1) Guidance on Overspeed Protection and Testing of Electronically-Controlled Engines
We’ve recently encountered issues with operators that have vessels that have been measured to both the “Regulatory” tonnage (GRT) and “Convention (International)” tonnage (ITC) that were surprised during COI inspections that the USCG was holding them to the ITC with regard to compliance with the Non-Tank Vessel Response Plan requirements.
Sector Ohio Valley has issued MSIB 01-2020 clarifying their position on the matter stating:
Vessels that actively operate in commercial operations without a NTVRP are subjected to, but not limited to, the following penalties; vessel detainment by the United States Coast Guard (USCG), denial of entry into a U.S. port, and/or civil penalties of more that $47,000 per day dependent upon type and scope of violation. The USCG encourages the maritime community to review the requirements and ensure their vessels meet the regulations outlined in 33 CFR Part 155 – Subpart J.
A point of confusion has arisen in terms of tonnage application for the 400 gross tons threshold. As discussed in the preamble of the regulation (Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations), if a vessel is measured using “Convention (International)” tonnage and “Regulatory” tonnage, the greater of the two is used for determining applicability of the NTVRP requirements.
Have you looked at your CODs lately?
Click here to download Sector Ohio Valley MSIB 01-2020 Non-Compliance Trend with Non-Tank Vessel Response Plan Requirements