Page 12: of Maritime Reporter Magazine (January 2018)

Subchapter M

Myths vs. Reality &

SUBCHAPTER M

The Top 5 Moves to

About the Author

Kevin Gilheany is a retired U.S. Coast

Guard marine inspector, and owner of

Make Now

Maritime Compliance International,

LLC, (MCI). t: 504.249.5291 e: [email protected]

In 2004 Congress reclassi? ed towing be free to indicate their choice for each “ vessels as vessels subject to inspection. vessel on the Application for Inspection.

Thus began a lengthy process of regula-

Subchapter M is expected to impact more than 5,000 tion drafting by the Coast Guard, with a Towing vessel crews will MYTH 3 towing vessels, and they have until July 20, 2018 great deal of input from the towing in- have to know, and prove that they follow, to get into compliance. There are many important dustry. In 2011, the Notice of Proposed any policies and procedures in the TSMS compliance decisions to be made.

Rule Making was published giving the that pertain to them. The regulations re- public its ? rst look at what has become quire the auditor to determine how well known as Subchapter M. Over 3,000 towing vessel crews are complying with

SUB M MYTHOLOGY comments were received by the Coast cates of Inspection (COIs) to all those their stated policies and procedures.

As with other modern regulations that vessels.

Guard on the Proposed Rule. After ? ve years of responding to those comments provide options and ? exibility, Subchap-

MYTH 4 Audits of the TSMS may

MYTH 2 If a company currently not be the same as those of voluntary and revamping Subchapter M, on June ter M has created a new industry, as well has a safety management system (SMS) 20, 2016 the Final Rule was published. as a great deal of confusion for those not

SMS programs due to the fact that the directly involved in the sausage making. it does not have to go with the Third Par-

This new regulation is expected to im- regulatory expectation is clear, and that ty Towing Safety Management System TPO external auditors will be acting as pact over 5,000 towing vessels, and This confusion has given rise to a num- they have until July 20, 2018 to get into ber of myths about Subchapter M. Here (TSMS) option. The biggest decision for agents of the government and will there- compliance. With the years of discussion I will try my best to dispel some of the towing vessel operators will be whether fore have increased scrutiny and liability. major ones.

and debate behind us and many impor- they should go with traditional Coast Additionally, in the wake of the sinking tant compliance decisions to be made, Guard inspections of their vessels, or of the Steam Ship El Faro, an Alternate

MYTH 1 for many in the industry these next few Companies were not to adopt a Towing Safety Management Compliance Program vessel, the Coast months represent their last chance to de- given until 2022 to get all their vessels System (TSMS) and use a Third Party Guard released the “Action by the Com- into compliance. They were given until Organization (TPO) to conduct their au- termine their optimum path to compli- mandant” report on December 19, 2017.

July 20, 2018 to get all of their vessels dits. The TSMS option is a choice which ance. The report states, among other issues, into compliance. The Coast Guard gave has nothing to do with whether a com- that the Coast Guard failed to adequate- pany has an SMS or not. Companies will themselves until 2022 to issue Certi? - ly oversee the Third Party in that case, 12 Maritime Reporter & Engineering News • JANUARY 2018

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