Page 12: of Maritime Reporter Magazine (November 2018)

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LEGAL BEAT

Vessel Safety

Congressional and Agency Actions to Implement Changes to U.S.-Flag

Vessel Safety Requirements Three

Years after the M/V El Faro Incident

October 1, 2018 marked three years Coast Guard Action rules and Safety of Life at Sea Con- since the tragic sinking of the M/V El RADM John Nedeau, Assistant Com- vention (“SOLAS”), and created a new

About the Author

Faro – ranking as one of the worst mari- mand for Prevention Policy, released oversight of third parties of? ce. It ex-

Jon Waldron is a partner in the Firm’s time disasters in U.S. history and result- a statement on the Coast Guard Blog pects to complete its policy changes by

Washington, D.C., of? ce who con- ing in the highest death toll for a U.S. for Maritime Professional exactly three the end of 2018. centrates his practice in maritime, commercial vessel sinking in almost 40 years after the incident noting that the international and environmental law, years. Following this incident, both the Commandant urged industry to move 3. Marine Inspector Improvements including maritime security. He served

National Transportation Safety Board with a sense of urgency as a result of – In 2018 the Coast Guard initiated ac- in the U.S. Coast Guard for 20 years, (NTSB) and U.S. Coast Guard spent lessons learned. In this regard, RADM tions to substantially improve its marine attaining the rank of commander, and considerable effort to investigate this Nedeau outlined four lines of action tak- inspector training program including to was senior counsel to the marine Spill incident. The NTSB released its ? nal re- en by the Coast Guard, as follows. prioritize the ? lling of vacant marine in-

Response Corporation. port on December 12, 2017 – with more spector positions. than 70 safety recommendations – and 1. Examination of U.S.-? ag Vessels in

Stefanos Roulakis is an associate in the Commandant’s ? nal agency action the Alternative Compliance Program 4. Updated Safety Standards – In 2018 the Firm’s Washington, D.C., of? ce (“Commandant’s Action”) – published (“ACP”) – In October 2017 the Coast the Coast Guard initiated action to pro- in the maritime group. He focuses with 31 safety recommendations – was initiated a review of U.S.-? ag vessels pose safety changes to International his practice on regulatory matters, published shortly thereafter on De- enrolled in ACP and similar programs. Maritime Organization (“IMO”) which international maritime issues, environ- cember 19, 2017. The Commandant’s While ? nding that that there were some will be followed by improvements to mental work, and has taken a proac-

Action can be found at: https://media. improvements in the ? eet the Coast U.S. safety regulations.

tive approach with his clients using defense.gov/2017/Dec/21/2001859858/- Guard found numerous fundamental A full copy of RADM Nedeau’s state- maritime compliance through audits 1/-1/0/EL%20FARO%20 FINAL%20 safety de? ciencies resulting in remov- ment can be found at http://mariners.

and trainings.

ACTION%20MEMO.pdf. Shortly after ing inspection certi? cates for ? ve ves- coastguard.dodlive.mil/2018/10/01/10- the release of these reports, questions sels. The Coast Guard plans to continue 1-2018-remembering-el-faro/ immediately arose as to what action the to conduct risk-based, targeted oversight

Coast Guard and Congress would take and increase its evaluation and scrutiny Congressional Action to implement changes and how long it of the U.S.-? ag ? eet. On October 11, 2018 President Trump would take. To the Coast Guard’s credit signed the Save our Seas Act of 2018 they immediately took steps to imple- 2. Third Party Oversight Review into law. https://www.gpo.gov/fdsys/ ment many of the safety recommenda- Team (T-PORT) – The Coast Guard pkg/BILLS-115s3508enr/pdf/BILLS- tions emanating from the Commandant’s initiated its roll-out of this program in 115s3508enr.pdf. Title II of this law con-

Action. Congress did not move quite January 2018. It is directed at improv- tained the Act which focuses solely on as fast but recently enacted legislation ing its oversight system for classi? cation marine safety and implementing changes in the form of the Hamm Alert Safety societies that perform delegated work. in light of the M/V El Faro incident. The

Alert of 2018 (the “Act”), named after Among other things, this program has Act adopts many of the recommenda- the wife of a M/V El Faro crewmember developed more rigorous procedures tions contained in the Commandant’s who initiated a petition urging Congress and detailed policy for both third parties ? nal agency action. However, while the to take immediate action to ensure safety and local Coast Guard marine inspec- Act codi? es many of the corrective ac- changes are made to prevent such an oc- tors, started work towards a single U.S. tions undertaken by the Coast Guard, it currence from happening again. Supplement to the classi? cation society is more complementary in nature to the 12 Maritime Reporter & Engineering News • NOVEMBER 2018

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