Page 26: of Marine News Magazine (September 2016)

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REGULATORY WATCH

The Advent of Subchapter M

A primer: the new rule and guidance for operators as they search for the right mix of compliance options to meet their speci? c and unique needs.

By Ian McVicker, ABS Operations Coordinator for towing Vessels

For several years, the towing ves- tors have the opportunity to choose from several options.

sel industry has been waiting for ? nal The Towing Safety Management System (TSMS) Op- publication of the U.S. Coast Guard’s tion uses approved, third-party organizations to perform

Subchapter M regulation. While some compliance veri? cation. Recognized Classi? cation Societ- have begun to proactively comply with ies already are approved as third-party organizations. the expected regulation, the unknowns There are four paths to compliance in the TSMS. Using a of the new requirements have left many Recognized Classi? cation Society permits alternate compli- standing by for a ? nal decision. With ance options, including classing vessels, ISM, and load line the ? nal regulation being released to certi? cation. These options are based on recognized stan-

McVicker the public and entering into force on dards, which means industry can begin now. Another option

June 20, 2016, the time to act has arrived. is the External Survey Program, which relies on an approved

The long awaited ? nal rulemaking contains many of the third party to complete compliance requirements. The same requirements published in the Notice of Proposed fourth choice is an Internal Survey Program that employs a

Rulemaking, but includes some signi? cant changes as well, combination of approved third-party and towing company speci? cally concerning existing vessel requirements. personnel to complete all compliance requirements.

First, Subchapter M is applicable to all U.S. ? ag towing Some companies will opt to go through the U. S. Coast vessels engaged in pushing, pulling, or hauling alongside, Guard, a choice that puts USCG personnel carrying out with some exemptions including vessels less than 26 feet compliance operations, including dry-dock/internal struc- in length; vessels engaged in assisting recreational vessels; ture examinations and annual vessel inspections.

workboats operating within worksites; and vessels subject The regulatory compliance timeline begins with a two- to other subchapters. There also are some exceptions to the year implementation period through July 20, 2018, or rules for vessels used solely within an approved Limited when a vessel obtains its initial Certi? cate of Inspection

Geographic Area, for Harbor-assist, and response to emer- (COI), whichever comes ? rst. The implementation period gency or pollution event. allows for companies to prepare their vessels for compli-

Subchapter M includes a ? exible list of compliance op- ance. With a few exceptions, all vessels, whether they have tions, allowing the towing industry to approach company been issued a COI or not, must meet Subchapter M stan- and vessel compliance in a manner that works best for dards no later than July 20, 2018.

each individual company, and vessel. Owners and opera- Exempt vessels must meet alternative requirements:

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