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POWER AT WORKHornblower passenger vessel powered by twin Scania 16-liter V8 engines New York City New York Complete and Committed. THE SCANIA MARINE SOLUTION. Out there confidence in performance reliability and operating economy are the only things that count. With this in mind we created the Scania marine solution An array of flexible options including ratings equipment instrumentation and transmissions. Whatever your specification we will provide you with the optimal Scania marine solution. Power at work every inch of the way. DISTRIBUTORS NortheastGreat Lakes Mack Boring Parts Co. 908-964-0700 Northwest Cascade Engine Center 206-764-3850 Southeast Certified Diesel 954-583-4465 Southwest Boatswains Locker 949-642-6800 Gulf Coast NREC Power Systems 504-393-7272 CentralEastern Canada ADF Diesel 800-517-1489 www.scaniausa.com Passenger Vessel Association tel 1 800 807-8360 fax 703 518-5151 pvainfopassengervessel.com may 2015 FOGHORN 3 Volume 14 Number 4 may 2015 FogHorn USPS Number 023-702 is published monthly except combined JanuaryFebruary by Philips Publishing LLC 2201 West Commodore Way Seattle WA 98199. Periodicals postage paid at Seattle WA and at additional mailing offices. POSTMASTER Send address changes to Foghorn co Passenger Vessel Association 103 Oronoco Street Suite 200 Alexandria VA 22314. Copyright 2015 by the Passenger Vessel Association. All rights reserved. No part of this publication may be reproduced without the written consent of the Passenger Vessel Association. Printed with SOY INK FOGHORN Focus FOGHORN is a monthly publication of the Passenger Vessel Association. Copyright 2015. All rights reserved. President Dave Anderson Fire Island Ferries Bay Shore NY Vice-President Margo Marks Beaver Island Boat Company Charlevoix MI Secretary-Treasurer Jeff Whitaker Hudson River Cruises Inc. Kingston NY Board of Directors Bob Bijur Island Queen Cruises Miami FL Chip Collopy Shoreline Marine Company Chicago IL Jim DeSimone Staten Island Ferries Staten Island NY Gus Gaspardo Padelford Packet Boat Company St. Paul MN Bob Lawler Entertainment Cruises Boston MA Alison Nolan Boston Harbor Cruises Boston MA Bob Scribner Charleston Harbor Tours Charleston SC Coleen Stephens Stan Stephens Glacier and Wildlife Cruies Valdez AK Jim Swindler Golden Gate Ferries Larkspur CA Associate Member Representative Carl Micu John Deere Power Systems Waterloo IA Past Presidents Terri Bernstein BB Riverboats Newport KY Immediate PVA Past President Carolyn Horgan Blue Gold Fleet San Francisco CA PVA Past President Paul Belforti Entertainment Cruises Inc. Chicago IL PVA Past President Executive Director John R. Groundwater Legislative Director Edmund Welch Regulatory Affairs Consultant Peter Lauridsen Director of Finance Leslie Kagarise Director Public Affairs and Development Jennifer Wilk Director of Regulatory Affairs and Risk Management Eric Christensen General Counsel Steven Bers Whiteford Taylor and Preston Editorial Offices Managing Editor Karen Rainbolt pvafoghornaol.com 2771 Houston Dr. Los Osos CA 93402 tel 571 388-7752 Contributing Editor Richard Purinton richardwisferry.com Washington Island Ferry Line Washington Island WI Advertising and Business Offices Publisher Peter Philips peterphilipspublishing.com Advertising Sales Bill Forslund bill philipspublishing.com 2201 West Commodore Way Seattle WA 98199 tel 206 284-8285 fax 206 284-0391 www.philipspublishing.com Human Resources Columns 4 Presidents Letter 5 Executive Directors Letter 11 Letter to the Editor 14 Regulatory Report 16 Legislative Report 19 PVA Calendar 20 How PVA Benefits You 22 Safety Security Matters 25 Newswire 28 Member News 28 New Members 30 Member Profile 30 Advertisers Index About the Cover The New Orleans Steamboat Companys Natchez just turned 40. The only steam-powered riverboat on the Mississippi River is celebrating this special event in a big way. Story page 30. 6 Food Allergies Arent Limited to Food Alcoholic Beverages Can Also Trigger Attacks Fifteen million Americans have food allergies. Your chef and food staff may be sensitive to this issue. But is your bartender Learn what happened to a woman who took one sip of a cocktail unintentionally laced with an allergen. 10 New NLRB Election Rules New Landscape for Non-Union Employers Heres what you need to know now about the new labor rules regarding organizing for unions. Steve Bers explains. 13 Water Rescues 2014 Two crewmembers of the Cape May- Lewes Ferry are recognized for their quick response to save a rail jumper. 4 may 2015 FOGHORN Crisis Communication Planning Now that we are through the winter doldrums our operations begin ramping up in preparation for the upcoming operating seasons. From an operational standpoint we prepare for annual inspec- tions dry dock exams and overall outfit- ting of vessels to help promote a trouble free season. Our vessels look great our facilities are ready and our seasonal help hiring has begun. But are you really ready We train drill and participate in various exercises throughout the year. Our crews and staff may perform these tasks to perfection 100 percent of the time. Sometimes they may not. However how your crew and staff react in a real life real time situation may not yield the same results. Equally important is how we manage and control pre- and post- casualties. Your crisis commu- nication plans need not be forgotten and should be exercised and reviewed annually as well. If you do not have a crisis plan you should probably think about implementing one. Crises can happen anywhere at any time and frequently when least expected. When a crisis does occur these events usually unfold quite rapidly leaving little time for planning. This is why advanced preparation is essential to minimize the impact. Crisis manage- ment is a systemic approach that engages your whole operation in efforts to avert casualties that may affect your operation and to effectively manage those that do occur. The objective of crisis management is to make timely decisions based on the best facts and clear thinking when operating under extraordinary condi- tions. At its best crisis management is both proactive and reactive. Invaluable preparations can be made in advance of any incident and decisions and actions taken during an incident can be optimized if crisis management plans have been put into place. In the event of a crisis it is important to identify a spokesperson. This will ensure your company speaks with one voice and delivers a clear consistent message. The spokesperson must be well informed and prepared to answer questions from the media and government agencies. When delivering your message it is equally important to be open and honest. This will reduce the potential for rumors about the incident and reducing media frenzy. Never reply with no comment. If you do not have an answer to a particular question do not make one up. Lets not forget about your employees. Keeping your employees up-to-date will help ensure your operation will keep running smoothly. You do not need dis- gruntled employees posting false reports on social media sites because he or she feels they were left out of the loop. Update them early on and update them frequently. Understand that both your employees and the public may not agree with your statements. Once you have made a decision about the casualty stick by your decision remain calm and explain why you feel so strongly about your position. Never lose your cool when respond- ing to negative criticism. You cannot take this personally. Do your best to help these people out then you need to move forward. Once the crisis is over have a post- crisis meeting with your employees and discuss the positives and the negatives of lessons learned as the crisis was unfolding. Congratulate everyone and tell them how much you appreciate their support while working through the crisiscasualty. Remember a well-managed crisis confirms that your operation has the processes and procedures in place to address almost any issue that may develop. This will only help preserve your operations repu- tation while confirming that you care about your customers and are willing to go that extra mile to make them happy and live up to the operations reputation. Acrisis that is not well managed can wipe out decades of hard work and your operations reputation in a matter of hours. Most importantly Benjamin Franklin was right all along an ounce of prevention really is worth a pound of cure. n Dave Anderson President LETTER FROM THE PRESIDENT Dave Anderson The objective of crisis management is to make timely decisions based on the best facts and clear thinking when operating under extraordinary conditions. may 2015 FOGHORN 5 LETTER FROM THE executive director John Groundwater Progress on Many Fronts The Passenger Vessel Association and its members have been actively working on your behalf and that of the passenger vessel industry at-large. Through PVA committee work staff activity in Washington D.C. and through a series of PVA-hosted special events new and improved products and training tools are being created headway is being made in advocating for issues of im- portance to members and the strength and influence of our association is expanding. 2015 PVA Annual Congressional Fly-In When it comes to Congress and government we all have opinions about how things should run. Communicating these opinions to our legislators and regulators is a critical part of our representative form of government. This month PVA provided an avenue through which members could make their opinions known. More than 30 meetings with key Members of Congress and their staff were held in Washington D.C. during the 2015 PVA Congressional Fly-In. PVA members from all corners of the United States including Alaska converged on Capitol Hill to discuss issues of importance to the passenger vessel industry and their businesses. Before taking to Capitol Hill members were briefed by Attorney Joan Bondareff of Blank Rome LLP a PVA member law firm with extensive experience in maritime industry issues and government. Ms. Bondareff gave Fly-In participants an in-depth look at how Washington works and she covered many of the major issues currently facing Congress and our nation. With specific talking points prepared by the PVA staff PVA members and staff took to Capitol Hill to advocate for our industry. Here are some of the points that were made Defend the Jones Actthe Jones Act is extremely important to our industry and to the nation. Recent and possible future attempts to modify this law signal the need for the maritime industry and Members of Congress to stand together to defend our long-term interests. Endorse a Risk-Based System for Survival CraftA few in Congress would like to institute a one-size-fits all approach to out-of-water lifesaving for U.S.-flagged passenger vessels. PVA members urged that Congress not go down this path but rather restore the Coast Guards authority to base such decisions on risk and local operating conditions. Provide Funding for U.S. FerriesFerries are an important part of our national trans- portation system. PVA members advocated for continuing and strengthening grants to fund ferry construction. Support the Coast Guard Marine Inspection MissionPVA members urged Congress to continue to support the Coast Guard marine inspection mission with adequate funding. The U.S. passenger vessel industry has a strong safety record which has been achieved through hard work and dedication. At the same time our strong working relationship with Coast Guard inspectors has helped contribute to this high level of safety. Without adequate funding the Coast Guard cannot continue work effectively with industry in this way. Help to Ease Regulationthe cumulative effect of uncoordinated regulation is a heavy burden for small business. The Small Business Administration has estimated that regulation costs small business approxi- mately 10500 per employee each year. PVA members urged Congress to takes steps to get relief. New NTSB Chairman Christopher A. Hart While in Washington D.C. and following the 2015 PVA Congressional Fly-In the PVA Board of Directors held its spring meeting. PVA Board members and staff were fortunate to have a private meeting with the new Chairman of the National Transportation Safety Board NTSB Christopher A. Hart. The NTSB is an independent federal agency charged by Congress with investigat- ing transportation accidents and making safety recom- mendations. Along with Tracy Murrell Director of the NTSBs Office of Marine Safety Mr. Hart briefed the PVABoard on the role of NTSB in accident investigation and pointing to the passenger vessel industrys strong safety record emphasized his commitment to working together collaboratively. Mr. Hart was sworn in as Chairman of the NTSB on March 17 2015. He served most recently as NTSB Vice Chairman. PVACoast Guard Quality Partnership Meeting Twice a year PVAgathers together with senior Coast Guard leadership for the PVACoast Guard Quality LETTER FROM THE executive director Continued on page 30 6 may 2015 FOGHORN FOGHORNFocuS FOOd sERvicE W hen I think about food allergies the cautionary notes that I used to receive from my childrens pre-school and elementary schools about banned foods that should not be brought to school for lunches snacks and classroom parties due to food allergy concerns come to mind. nuts of course were always at the top of the list of offending foods. While my own children do not have food allergies some of their friends and classmates certainly did so we were sensitive to their dietary needs. And with good reason for some people ingesting foods that theyre allergic to can be life-threatening. According to the national restaurant Association nrA the number of Americans affected by food allergies is trending higher every year and studies indicate that half the fatal episodes from food allergens occur outside the home. The Food and Drug Administration estimates that food allergies cause an average of 30000 emergency- room visits each year and 150 deaths. As outrageous as it sounds dining out is a serious concern for customers with food allergies. Vessel operations that serve food should be keenly aware of food allergies. Wait staff and galley personnel should know that the most common food allergies stem from dairy soy shellfish peanuts as well as nuts but the list of other triggers is quite widespread. While menus should clearly identify ingredients so that people with allergies can order appropriately vessel staff should be well versed as well and be able to thoroughly and accurately answer specific questions about what is in all food served. The nrA has partnered with Food Allergy research Education FArE to develop and offer an online ServSafe course aimed specifically at this growing issue. According to FArE food allergies affect 15 million Americans. ServSafe Allergens the online course offered by nrA and FArE is designed to help front- and back-of-the-house employees better accommodate guests with food allergies. But what about your onboard bar service I recently realized that theres much more to the food allergy issue than the offensive peanut butter and jelly sandwiches lurking within the confines of a childs Disney lunchbox. In February the Washington Post published an article by Sandra Beasley author of Dont Kill the Birthday girl Tales From an Allergic Life. Food-allergic adults today make up four percent of the adult popula- tion Beasley wrote. They reach the legal drinking age knowing exactly what foods to watch out for but not which cocktails could kill them reactions can occur after exposure to even trace amounts of any of the 160 or so known food allergens. Every foam infusion mixer and garnish Food Allergies Arent Limited to Food Alcoholic Beverages Can Also Trigger Attacks By Karen Rainbolt FOGHORN Managing Editor Progressive Specialty Glass Co. Inc. Maintenance Management Program Cloud Based - Access from any Device with any browser Maintenance - Inventory - Documentation Intuitive User Interface Flagship Integration Turnkey Setup w w w . W h e e l H o u s e T e c h . c o m - 9 7 8 - 5 6 2 - 5 2 1 1 Foghorn_March_2015.indd 1 2202015 34342 PM Fast and Smooth Quickshift Technology Expansive Global Service Network Complete Propulsion Systems Unparalleled Reliability WE PUT HORSEPOWER TO WORK Operate Fast and Smooth Quickshift Expansive Global Service Network Complete Propulsion Systems Unparalleled Reliability with twindisc.com with confidence 8 may 2015 FOGHORN FOGHORNFOCUS food service Let MCM manage your insurance so you can focus on your voyage MCM is a leading independent insurance brokerage based in the Pacific Northwest. Our marine practice group has more than 100 years of combined experience placing insurance and managing the marine industrys unique risks. Whether were working with vessel operators builders repair facilities or suppliers we create specialized solutions that meet each clients needs. EMpLoyEE BEnEfits ExECutivE BEnEfits REtiREMEnt pLans insuRanCE advisoRy pRopERty CasuaLty Contact Damon L. Nasman at 206 262-6375 or email damon.nasmanmcmnw.com www.mcmnw.com 100 Furuno designed Linux software improves stability reduces virus risk Fully compliant IMO systems 19 23.1 LCD or Black Box ECDIS with user supplied wide glass bridge monitors are available Simple Ethernet connection to FAR2xx7 Radars saving thousands over complex interface kits www.FurunoUSA.com www.Facebook.comFuruno ECDISElectronic Chart Display and Information System ECDISElectronic Chart Display and Information System in a drink is a potential source of proteins. In the Post article When Even One Drink Could Kill You Beasley relates an experience she had when she ordered a drink from a bar one evening and after the first sip quickly realized that she had a problem. The bartender had failed to properly rinse the shaker used to make her drink from the previous beverage he had concocted for another customer and traces of milk ended up in Beasleys drinkand she has a severe dairy allergy. A swollen face put an end to her night on the town. Imagine if this had happened on a passenger vessel. Clearly the afflicted patron couldnt simply walk away when they were on a two to three-hour dinner cruise. Prevention is the best course of action to ensure the safety and satisfaction of all. Eliminating chances of contamination shakers glassware utensils etc. and fully identifying all drink ingredients are key. In her newspaper article Beasley points out that her experience was by no means an isolated one. Here are some other examples she reported Milk derivatives are used to bind margarita mix. A fancy Manhattan might use a black-walnut bitter. A popular Brazilian cocktail combines cachaa with cashew juice. A classic Tom Collins is made with cucumber. And every time I order sangria I have to ask what fruits were added to the pitcher of wine. This doesnt even touch the murky topic of base alcohols. In 2004 the Food Allergen Labeling and Consumer Protection Act created standards for food products but the Alcohol and Tobacco Tax and Trade Bureau is still catching up. Someone with a sulfite allergy knows to avoid wine but someone allergic to apricots might not know to avoid Disaronno an amaretto-flavored liqueur sometimes found in cocktails. In 2013 the Annals of Allergy Asthma Immunology reported the first documented case of anaphylaxis in reaction to tequila the gold variety because of the oak barrels it was aged in. Unable to guarantee that the ingre- Learn More httpwww.washingtonpost.comopinionswhen-even-one-drink-could-killyou 20150220861d131c-b875-11e4-aa05-1ce812b3fdd2_story.html httpwww.restaurant.orgNews-ResearchNewsNew-NRA-training-course-to- address-food-allergies may 2015 FOGHORN 9 FOGHORNFocuS FOOd sERvicE dients dont contain trace amounts of allergens vodka-maker Absolut rec- ommends that drinkers with allergies avoid flavored vodkas altogether. We dont yet have data on reactions specific to the bar but members of the adult allergy community have their stories. on the Facebook page of the Food Allergy research Education advocacy group the allergic swap cautionary tales like a woman with a banana allergy who discovered that her frozen drink at the club was laced with banana liqueur. My friend Jenny broke out in hives at her cousins wedding after the catering staff served her a margarita with milk protein in the mix Beasley said. A t t h e P VA D i n n e r B o a t Conference held in conjunction with the PVA Annual Convention at MariTrends 2015 held earlier this year george Borrello Vice President of Marketing for Progressive Specialty glass Plainville CT presented a session titled Maximizing Beverage Sales with Signature Beverages. He said that creating a signature beverage that is synonymous with your operation may significantly boost food and beverage sales. He also believes vessel operators should err on the side of caution by thor- oughly listing all the ingredients used in the creation of this custom drink on a drink menu provided to patrons. I am a strong advocate for listing the ingredients of a drink said Borrello who readily admits hes not an expert on food allergies. Listing the ingredients doesnt have to appear on a menu like youre reading a label at the grocery store. It can and should be done with style and creativity while still accomplishing the goal of informing the guest of the ingredients. For example our Caribbean Cooler is a tropical blend of orange pineapple and mango juices mixed with Malibu Caribbean Coconut rum and topped with a pineapple ring and sugar on the rim. All ingredients are listed including the garnish so people can decide for themselves if there in anything they may not want in that drink. Also its always good to offer substitutions. For example Any of our vodka drinks can be made with naturally gluten-free Titos Handmade Vodka. Please ask your server or bartender. Beasley concurs with Borrello. If businesses want to demonstrate consideration for those with food allergies they need to frame bar menus with the same transparen- cy and warning language used on kitchen menus. And waiters must stop rushing in drink orders as a show of hospitality before weve had a chance to properly engage and disclose dietary issues. n EASY MANEUVERABILITY Give your passengers a smooth ride with reliable John Deere PowerTech propulsion and generator drive engines. With high torque and low-rated rpm they deliver excellent vessel control and quiet operation. For easy navigation on the water Nothing Runs Like A Deere. JohnDeere.commarine 56 to 559 kW 75 to 750 hp Phone 417 616-6714 dbridgesspringfieldgrp.com 5 Leg Deck Base with Casters Mainstay Adjustable Pedestal Stainless Steel Footrest Workhorse Seat Mount Specialty helm seats designed for Inland Waterway Vessels. Heavy-duty construction provides maximum durability and comfort. Contact us for your local stocking distributor 10 may 2015 FOGHORN LEGAL O n April 14 2015 one of the most controversial regula- tory amendments became effective relating to the manner in which the National Labor Relations Board NLRB will conduct union-representational elections the secret ballot process by which employees vote whether to be or not to be represented by a labor union. Employer groups character- ize the new regulations as allowing ambush elections while labor or- ganizations claim the rules are fair in preventing employer interfer- ence with employee free choice. The presence of a union legally known as a collective bargaining agent triggers the legal requirement that an employer only change terms or con- ditions of employment after collec- tive bargaining occurs with regard to the contemplated change. An employer becomes unionized if 50 percent of its employees vote for a union in a NLRB election. An election is conducted if 30 percent New NLRB Election Rules New Landscape for Non-Union Employers By Steven E. Bers Esq. PVA General Counsel may 2015 FOGHORN 11 You stay profitable and your customers stay comfortable. Cat marine engines give you fuel efficiency for your bottom line and dependability to run on time. And your global Cat dealer network makes sure everyone gets a smooth ride. Bring Cat engines onboard today. Visit your local Cat marine dealer or learn more about us at marine.Cat.Com Uptime Means On Time Every Time. 2013 Caterpillar. All rights reserved. CAT CATERPILLAR BuILT foR IT their respective logos ACERT Caterpillar Yellow and the Power Edge trade dress as well as corporate and product identity used herein are trademarks of Caterpillar and may not be used without permission. 3512C Tier 3C32 ACERT Tier 3C18 ACERT Tier 3 Cat_PVA Ad_On Time Every Time.indd 1 7113 239 PM LEGAL of the work force signs a petition to have an election. Usually a petition is filed only after a union has over 50 percent signing authorization cards. The nLrB regulations do not set a time limit on the period a union may seek to assemble autho- rization cards. once a petition was filed there was historically up to six weeks to the election date. The new regulations shorten that period to 10 to 21 days. Here are some of the new rules that accelerate the process Under the old rules documents needed to be served in person by mail or fax. By the new rules allowing electronic service employers have three fewer days to respond to the petition A hearing is scheduled in seven days instead of 14 as to all issues relating to the petition The period for filing position state- ments is reduced by at least a week After a hearing no briefs summa- rizing evidence are allowed and An election can be held before any issues at the hearing are resolved. other rules are changed. Under the old rules the employer had to provide the union with the name and address of employees. Under the new rules the employer must provide personal e-mail address and home and cell phone numbers if available. The new rules do not allow objections based upon an employees privacy interest in not having this personal information dis- seminated. With the new rules changing the pace of elections both unions and employers face a new landscape. The opportunity to organize employers is seen as leveled by unions. Employers are responding by considering advance preparation before a petition is received such as employ- ee-directed communications as to unions. n about the author Steven E. Bers is the Chairman of the Employment Law and Maritime Law Sections of the law firm of Whiteford Taylor Preston with offices in six states. He has served as General Counsel to PVA since 1988. He has worked with multiple PVA vessel members as they responded to efforts by unions to organize their employees. 12 may 2015 FOGHORN letter to the editor 26 MAY 2013 FOGHORN REGuLaTORyREPoRT grandfathered compliance deferred for good and sufficient reason by the new regulation. Also your own records may contain the informa- tion you need if a previous oCMI accepted the installation or process under the equivalency or alternative provisions contained in regulation. If the response to your request for a cited regulation and reason is vague or one that threatens addi- tional actions it is likely founded on less than regulation. A threatening response is both unwarranted and unprofessional. Under ordinary cir- cumstances resolution should be at the lowest level possible. In this case the route to resolution is less clear but still ultimately leads to the oCMI or higher authority if not resolved beforehand. Should you decide to appeal POWERFUL FLEXIBLE INTUITIVE. 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Use it At the office At home On your laptop On your smartphone On your iPad At the dock Free setup training and ongoing support Fully hosted and managed 247 Personal U.S.-based account reps MOST TOUR OPERATORS CAN USE STARBOARD SUITE FOR FREE remember an appeal under regu- lation only starts when an oCMI has made a decision and you wish to challenge it or take it to a higher authority with more discretionary authority. You have the right and an acknowledged opportunity to work your way through the chain of command with dispatch and without hindrance to the oCMI. Shortly after the adoption of the Coast guards Enhanced Marine Safety Program many Sector Commanders invited comment from their regulated entities on any matter and many included their cell phone numbers and personal email addresses on their business cards. This may be the case in your sector. While the foregoing instances are relatively few they must be addressed promptly. With industry support Congress has repopulat- ed and adequately resourced the marine safety programs with several hundred new positions and billets. These new marine safety resources need to be trained in regulation and administrative processes exposed to missions under supervision and then tested on their knowledge. one senior officer indicated that goal is probably three to five years off. Like all the other Coast guard missions marine safety has a re- quirement for training and qualifica- tion before being assigned particular tasks. The Commandant has noted that training and qualification alone is not necessarily proficiency and his goal for mission performance is pro- ficiency. In marine safety proficiency is not only knowing the regulations and policies but understanding and using the embedded authorities to exercise equivalency consistency and alternative compliance when ap- propriate. That program fails when the operator cannot access the chain of command or when discouraged by the inspector or intermediate su- pervisory personnel. n I recently returned from the PVA Annual Convention at MariTends 2015 held in Long Beach CA. I want to congratulate the PVA Convention Committee and PVA staff on a job well done. The variety of general session speakers seminars and breakout sessions were impressive. I learned many new marketing ideas and innovative technological advancements. I really enjoyed the Lunch and Learn roundtable discussions. It was an easy way to meet new people and have productive but casual conver- sations about issues that affect us all. The only downside to my experi- ence was the realization that I hadnt What Is Keeping You attended the convention before. As a family-owned small boat operation I had mistakenly assumed the con- vention focused mainly on mechani- cal and equipment information and suppliers. I always sent my better half figuring there would be nothing for me who works primarily in the office to learn. I couldnt have been more wrong. Not only did I learn new things at the above-mentioned seminars I met and made friends with other small vessel owners and operators. I even got a chance to share some of my experiences when asked to present at one of the industry specific conferences. It was also beneficial to meet all of the PVA staff members that I usually only communicate with by phone or email. I was also impressed with the relationship that PVA has cultivated with the United States Coast Guard. The convention provided an oppor- tunity for vessel owners to speak in person with officials from the Coast Guard that can directly effect change and offer understanding between the Coast Guard and the industry. Getting to spend a few days with my fellow industry associ- ates getting to know the PVA staff and getting to visit other passenger vessels made me feel much more engaged and likely to become more engaged in the PVA in the future. It made me realize that we all have something to contribute and learn no matter how small the company or how new in the business we might be. I look forward to the PVAAnnual Convention at MariTrends 2016 in January. What is keeping you See you in Washington DC. Carrie Stier Owner Riverboat Twilight Scales Mound IL may 2015 FOGHORN 13 safety recognition Oshore support vessels Passenger ferries Naval Military vessels E very year people are rescued from harm by the well-trained crewmembers of passenger vessel operations and last year was no exception. In 2014 several dramatic rescues were performed by passenger vessel crewmembers on Americas waterways. The following is one such rescue Cape May-Lewes Ferry Cape May NJ Submitted by Richard F. McCann Master On February 11 2014 a cold and windy day ferry crewmember Nina Ianiro was performing her duties of looking for roundtrip passengers to collect their tickets while the vessel was docking in Lewes DE. She was checking the windward side rarely used by passengers on such a cold and windy day when she noticed a woman trying to climb onto the rail. She called for crewmember Lori Spettler to get the Bosun and dashed to stop the woman. Ianiro arrived just in time to pull the woman in as she had just started to jump overboard. The Bosun and Spettler arrived shortly and they curtailed the womans activity until the police arrived and placed the woman in protective custody until she could receive medical attention. Both Ianiro and Spettler attribute their swift reactions to their training and maturity. They saved a womans life that day as the vessel was going astern and the woman would have been sucked into the turning screws. Neither woman hesitated but went right into what their training had prepared them to do. A job well done and a credit to their dedication to their responsibilities as seamen in U.S. Merchant Marine. n Water Rescues 2014 Cape May-Lewes Ferry 14 may 2015 FOGHORN regulatoryReport By Peter Lauridsen PVA Regulatory Affairs Consultant T his spring has as usual brought the increased tempo of Coast Guard-PVA member interaction. This year there has been an apparent increase in Coast Guard proposals for change to long- standing manning equipment and route Certificate of Inspection COI requirements. The puzzling aspect of these changes is the absence of a regulatory change or any event-driv- en response. Some are implemented through an unexpected change to the COI which can have the effect of a no-sail edict. These changes were seen as burdensome detrimental and without safety benefit. I was discussing these seemingly arbitrary changes and impositions with a retired Sector commander who offered that the sector commanders who now wear five all-encompassing statutory and regulatory command hats were trained in the era of Total Quality Management TQM and Six Sigma. This was his explanation of the cause of the situations I related. Sector commanders generally do not have day-to-day or front line experi- ence in more than two of these areas of their command responsibility and must rely on the experience of others Are Unexpected Regulatory Changes the Result of a New Management Fad to make substantive and potential life changing decisions. These manage- ment processes use the experience and knowledge and experience of many to cooperatively drive continu- ous improvement and reduce error in a process or activity. Our experience with these quality control driven methods probably began with exposure to the Marine Safety Programs rollout of the Streamlined Inspection Program SIP and Prevention Through People PTP concept. SIP was established to empower industry with the tools to regularly self-inspect and document their regulatory compliance in return for less time-consuming periodic inspections and the establishment a level of trust in dealings with the Coast Guard. The goal was to insure regulatory compliance 365 days a year rather than focused once a year in preparation for an annual Coast Guard inspection. Where industry and the Coast Guard were receptive to the concept it was a success. Unfortunately it tended to require much upfront effort because of the great attention to process supporting its groundbreaking nature. PTP was recognition that much of the sailor-proofing of the material aspect of vessel safety had been ac- complished and it was the human element where the path to continu- ous improvement could be most productive. To achieve the success of the PTP program meant recogniz- ing that the regulated fleet not only was fully invested in safety but that together the Coast Guard and the mariner had much to gain if they operated as a team in a unified and cooperative manner. To that end PTP guiding principles were established may 2015 FOGHORN 15 regulatoryReport as Honor the Mariner QualityApproach Non-Regulatory Solutions Share Commitment and Manage Risk. Industry saw that the Coast Guard was willing to listen and learn from those who literally were accountable for the safety of people property and the environment as a daily effort. This was such a unique and positive approach to the regulatory relationship of the time that industry readily signed on. The products of PTPs formal partnerships and natural work groups included the research and de- velopment of Navigation and Vessel Inspection Circulars NVIC addressing issues in DUKW maintenance and inspection wood vessel inspection and maintenance structural fire protection modeling domestic high speed craft manning and training SIP and others. It also es- tablished or expanded mutual support of each groups education processes and on the job experiences. Marine safety was acknowledged as a cooperative cycle involving the regulator and the regulated with open and honest feedback in the development of policy and regulation. It produced continuous improvement and reinforced recog- nition of our mutual goal of safety of life property and the environment. That was the past. We dont believe this idea of coop- erative improvement rings as true today. TQM-like activity today as demonstrated by this Springs unwelcome surprises has become a singular effort with the Coast Guard analyzing speculating and self-reinforcing what ifs that leads to independently creating and decreeing limitations on industry. Industry is left to research rebut and educate the Coast Guard through resource-demand- ing reconsiderations and appeals all the while facing com- plications to commitments to customers and financial commitments and budgets prepared many months in advance of the operating season. As was recognized at the start TQM-like processes require the involvement of the whole of the regulatory universe if it is to meet its potential and intent. While in the overall picture the referenced incidents this year are certainly a small minority of all industry Coast Guard interactions. They indicate a pattern of failure that if unchecked can question anew the ability and capa- bilities of the marine safety program. These traits came under question in the past during the era of right-sizing the Coast Guard the era of preventionresponse division with its loss of program identity and the era of tilt to martial law like security emphasis. Each time the Coast Guard has struggled to regain its footing and credibility in the marine safety regulation processes. Each time the reconstructed entity seems to fall a little further short of its historical credibility and successes with industry. The organization that once could regulate with the confidence and support of industry has been repeatedly deconstruct- ed and reincarnated into an organizational structure that operates behind walls literally and figuratively where regulatory skills are book smartexperience lean where decisions can be made in career fear by those with and without program experience and where the Coast Guard has withdrawn from many public interaction opportuni- ties in favor of structured and monitored encounters. In 2007 there was the belief that to make the marine safety program again work for the benefit of the public the program would have to be severed from the Coast Guard and returned to the Department of Transportation possibly as a civilian-manned agency. Representative James Oberstar held hearings to examine his proposal. While industry certainly supported his assessment that the program was in serious trouble we generally supported keeping it in the Coast Guard if there was an effort to correct its many deficiencies there. The Coast Guard responded with the Enhanced Marine Safety Program that recapitalized and refocused the program. It appears that improvement that received strong internal and public support continues to fall short because as a multi-mis- sion agency the Coast Guard has too many external and internal pressures that compete for time money and rec- ognition of worth. Maybe Representative Oberstar wasnt wrong just ahead of his time. n 16 may 2015 FOGHORN LEGisLaTivEREPoRT By Ed Welch PVA Legislative Director A ll too frequently the news out of Washington DC deals with some additional mandate that the domestic passenger vessel industry must absorb. Might this be the year when Congress passes legislation to cut back an existing regulatory provision specifi- cally the Environmental Protection Agencys Vessel general Permit VgP for routine discharges of most types of wastewater The first glimmer of hope occurred last December when Congress extended for three years the statutory exemption that shields operators of commercial passenger vessels less than 79 feet in length from being forced to comply with a pending Small Vessel general Permit. PVA lobbied hard for the exemption. now PVA and other maritime organizations are backing legisla- tion that would make permanent the small vessel exemption. It would also reform the existing VgP that applies to larger vessels moving its administration from the Environmental Protection Agency EPA to the more knowledgeable Coast guard. The bill would make compliance easier establish a single nationwide standard for ballast water discharges instead of allowing states to impose their own differing standards as is now the case and generally lead to a permit that is more cognizant of the realities of Congress Considers Changes to EPA Vessel General Permit MARINE GROUP B o a t w o r k s marinegroupbw.com leahmarinegroupbw.com 619 621-2220 Marine Group Boat Works is the newest California boatbuilder and repairer of steel and aluminum high-speed ferries catamarans and passenger vessels up to 665-tons. Operating two shifts six days per week for fast turnarounds and minimized vessel time out-of-service. New construction in steel aluminum and composite Hull modifications and extensions engine repowers Complete service life extension refits Complete USCG dry docking services USCG regulatory experts on staff ABSUSCG-certified welders COMINGSOON GoldenGateFerryRefurbishment M.S. San Francisco Everybodys favorite city IN Americas finest may 2015 FOGHORN 17 LEGISLATIVEReport commercial vessel operations. The bill is known as the Vessel Incidental Discharge Act VIDA. On February 26 2015 Congress took the first step toward enacting it into law when a Senate committee approved it. S. 373 is sponsored by Senators Rubio and Nelson both of Florida and Thune of South Dakota. If VIDA were to pass the existing regulatory situation would change for PVA vessels of 79 feet or more in length larger vessels. Several decades ago Congress enacted the Clean Water Act. It requires that persons who discharge pollutants of various types into U.S. waters can do so only pursuant to a permit issued by the Environmental Protection Act or in some cases by a state agency. In writing the rules to set up the permitting system EPA exempted discharges incidental to the normal operation of a vessel. EPA believed that such discharges were not of envi- ronmental concern and therefore did not need to be permitted. So for about three decades vessel operators didnt have to contend with an EPA permit. Over time people began to be concerned about invasive species such as zebra mussels carried in the ballast water of ships on global voyages and then discharged into U.S. waters. Congress enacted two laws calling for the Coast Guard to regulate such discharges to minimize the possibility of the introduction of damaging invasive species by means of ballast water discharges. Dissatisfied with the slow pace of the Coast Guards regulatory project on invasive species environmental groups went to federal court con- tending that ballast water discharges needed a permit under the Clean Water Act and that the EPA was in legal error in exempting such vessel discharges. Despite opposition from EPA the environmental plaintiffs won and a federal appeals court Feb 1 2012 Run a ordered EPA to put in place a per- mitting system for vessel discharg- es and not just for discharges of ballast water but for all types of inci- dental wastewater discharges other than sewage which is governed by another provision of law. The maritime industry argued that it would be totally impractica- ble to issue a single permit to every vessel that engages in discharges and EPA concurred. Therefore the agency issued an industry-wide Vessel General Permit that covers all vessels that adhere to certain best management practices. In the meantime Congress had enacted a temporary exemption from the permitting requirement for smaller commercial vessels and commercial fishing vessels. To help affected members under- 18 may 2015 FOGHORN gplink.com Put Your Fleet at Your Fingertips gplink_halfpage.indd 1 1142015 33702 PM LEGisLaTivEREPoRT stand and comply with the VgP PVA produced a guidance document. It is available by contacting Jen Wilk at PVA Headquarters. The VgP is currently in its second iteration and has been in existence since 2008. From the viewpoint of PVA members there were very few problems with adhering to the VgP for the first few years of its existence. True it was one more regulatory mandate and it had various record- keeping and reporting requirements attached to it but they were not too onerous. PVA knows of no member who has been the subject of any enforcement action by EPA for an alleged violation of the VgP. Some Coast guard inspectors occasionally ask to see recordkeeping evidence that a vessel is complying. The relative ease of compli- ance changed completely this past February 28. That was the date a new feature of the revised VgP kicked in. now every operator covered by the VgP must submit an electronic annual report to EPA. If a written report could be submitted it would be relatively easy for a typical PVA operator to manage. However EPA mandated that the report be filed electronically. The EPAs report web page proved to be tedious com- plicated and challenging. PVA members complained that they had to devote several hours on their computers to register set up security features and input data. The system proved to be nightmarish. PVA member Mike Shea of the Spirit of Ethan Allen in Burlington VT summed it up the electronic reporting system as follows As a former airline captain with 14000 hours of flying complex aircraft with complex systems I have to say that I have never seen such an overly complex system in my life. In addition to the unnecessary and frustrating electronic reporting requirement there are other problems with the current VgP and potentially they could adversely affect PVA members. First the federal Clean Water Act does not preempt states from having their own standards for dis- charges and these can be different or tougher than those set by EPA. This problem comes up most frequently in the context of ballast water dis- charges hardly any PVA members discharge ballast water. For example California believes that the federal cleanliness standards for ballast water discharges are too lax so it has codified its own standards Complete control and steering systems for vessels of all types and sizes. 1 604572-3935 Surrey BC Canada saleskobelt.com www.kobelt.com KOBELT MANUFACTURING CO.LTD. may 2015 FOGHORN 19 LEGISLATIVEReport PVA member calender January 22-25 2016 PVA Annual Convention at MariTrends 2016 Hyatt Regency Crystal City Washington DC For more information go to www.passengervessel.com that are technologically impossible for vessel operators to achieve. Nonetheless this is permissible under the existing terms of the Clean Water Act. Also states have the ability to impose their own state-specific requirements onto the EPAs VGP and the EPA is obligated to incorporate these add-ons. Unlike the case when the EPA writes its VGP provi- sions there is very little opportunity for the maritime industry to comment on the states provisions. This can potentially be a problem for PVA members. For example while the VGP generally allows the discharge of graywater assuming certain best management practices are followed the state of Connecticut has banned the discharge of graywater and has inserted a state-specific add-on to this effect as part of EPAs VGP. Finally the Clean Water Act allows a third party under certain conditions to sue alleged violators. This citizen suit possibility has never been used against a PVA member to the best of our knowledge but the theoretical possibility exists that it could be. If enacted the VIDA bill will correct these problems and give a measure of relief to operators of passenger vessels of 79 feet or more in length. Thats why PVA is advocating for it. On April 29 2015 during its meeting in Alexandria VA PVAs Board of Directors made enactment of VIDA one of the associations legislative goals this year. Its resolution reads The Passenger Vessel Association the national trade association representing owners and operators of U.S.-flagged commercial vessels of all types urges Congress to enact the Vessel Incidental Discharges Act. VIDA sets up a single nationwide regulatory regime for discharges incidental to normal vessel operations to be ad- ministered by the U.S. Coast Guard and makes permanent the existing permitting exemption for smaller commercial vessels of 79 feet or less in length. n www.nicholsboats.com Expert Boat Builders Steel Aluminum Construction Salesnicholsboats.com 360331-5500 x 311 with Expeditions We are proud to be working with new PVA member Mavrik Marine on our new Passenger Ferry EXPEDITIONS six. EXPEDITIONS 1-800-695-2624 go-lanai.com 20 may 2015 FOGHORN By Jen Wilk Director Public Affairs and Development HOw Pva bENEFiTs You 1910 Unruh Court New Albany IN 47150 Tel 812.945.8988 13705 Gainesville St. Houston TX 77015 Tel 713.330.8200 WATER LUBRICATED MARINE BEARINGS SLEEVE AND FLANGED CONFIGURATIONS IN STOCK AT TIMCO DURABLE LONG LASTING EASY TO INSTALL www.TIMCOMARINE.com r ecently PVA members traveled to Capitol Hill in Washington DC for PVAs annual Congressional Fly-In. While there they met with Members of the Senate and House of representatives and staff to discuss issues of importance to the U.S. passenger vessel industry. This year was the biggest PVA Congressional Fly-In to date. In its fifth year this event has grown to include a number of PVA members who have participated for several years and are now seasoned advocates as well as eight first-time participants. This facilitated PVA to take on 35 different Congressional meetings in one day and provided PVA members the opportunity to take their message to even more lawmakers than before. PVA members sat down with their elected officials highlighting the key committees and issue areas that their lawmakers work on which are critical their operations and the passenger vessel industry. These in-person meetings are important because they foster ongoing communication and relationships with PVA Working For You PVA Members Advocate Industry Issues at 5th Annual Congressional Fly-In Event PVAmembers l-r Mark MillerAlison NolanJeff Whitaker and PVAPresident DaveAnderson participated in the PVACongressional Fly-In onApril 28 in Wash- ingtonD.C.and met with Senator Chuck Schumer 2nd from right to discuss issues important to passenger vessel operators. may 2015 FOGHORN 21 HOw Pva bENEFiTs You Your ONE source for all of your interior needs with over 25 years experience. LET USO B E Y OUR OUTF ITTER OF C HO ICE USO provides complete range of interior outfitting and turn-key services for cruise ships ferries commercial vessels and offshore projects. UNIT CABINWALL PANEL SYSTEM CEILING SYSTEM BATHROOM MODULES MARINE DOORS DECKING WEATHERTIGHT QA WATERTIGHT CUSTOM MARINE FURNITURE WINDOWS AND PORTHOLES HATCHES GALLEY EQUIPMENT AND OUTFIT 10752 Deerwood Park Blvd. S. Water View II Suite 100 Jacksonville FL 32256 888 311-0781 www.usoutfittersllc.com salesusoutfitters.com May 2013 FOGHORN v3 Run as is Please make changes as indicated lawmakers. It is the most effective way to convey how an issue relates to your personal and professional expe- riences. As a constituent you provide a real-world connection to how the laws Congress creates impact your business which is an important part of the economy and job creation in your representatives community. Building this ongoing relationship is critical to advancing the legislative initiatives of the passenger vessel industry. During these meetings PVA members discussed the top issues impacting PVA members and their businesses around the country. on survival craft they urged Congress to move forward on legislation to allow the Coast guard to continue to use a risk-based system in determining the type of survival craft required on vessels. In particular they stressed the financial impact of the change to out-of-water survival craft laws and revising the current one-size-fits-all approach. Additionally PVA members urged Congress to reauthorize critical transportation policy. The law Moving Ahead for Progress in the 21st Century Act MAP-21 as currently issued is scheduled to run out at the end of May 2015. In this law existing grant programs provide important funding assistance for construction of ferry vessels and terminals. PVA urged Congress to renew these provisions and support ferries as an important part of the nations transportation network. PVA members urged Congress to support and preserve the U.S. maritime cabotage laws including the Passenger Vessel Services Act PVSA and the JonesAct and oppose any attempts to repeal or dilute these important laws. American maritime businesses mariners and shipyard workers are supported by these provisions and are an important component to the U.S. economy and its national defense. Thank you to everyone who participated in the annual PVA Congressional Fly-In. This event is a critical part of PVAs ongoing advocacy efforts in Washington speaking out to lawmakers on your behalf and working for you. n PVas congressional-Fly in By the Numbers 35 Meetings with Key House and Senate Offices 15 States Represented 8 First Time Participants 5th Annual Event 1 Day on Capitol Hill Advancing the Passenger Vessel Industry 22 may 2015 FOGHORN By Eric Christensen Director of Regulatory Affairs and Risk Management safety Security MATTERS S pring is in the air and here at PVA that means many of our members vessels are getting ready for another season. Getting ready often means scheduling the vessel for inspection by the Coast Guard attending a local industry day to hear what the Coast Guards expectations are for the season and bringing your crew up to speed on any changes that may have occurred since last season. Some recent interactions with members and our primary regulator have generated the focus of this months article. Know Your COI The Certificate of Inspection COI is your permit to operate. It contains information on the vessel owner and operator vessel build date and location details the crew complement establishes required lifesaving and fire- fighting equipment tracks inspection dates and amend- ments and specifies route permitted and operating conditions. Much of the information remains static with the primary changes being inspection dates for the hull internal structural exam or pressure vessel inspections. Annual or periodic inspections are recorded on the COI in the lower left hand corner where the inspector will sign his or her name at the conclusion of the inspection. Remember you have 90 days on either side of the in- spection anniversary date to complete an annual inspec- tion. The grace period does not apply to the certificate expiration date located in the upper right hand corner of the document. Once the COI has expired you may not legally operate the vessel with passengers for hire. Amended COIs are normally issued following the Know Your COI and Your Right to Appeal 1 920.686.5117 salesburgerboat.com burgerboat.comcommercial Burger is recognized worldwide for quality custom vessels that provide years of dependable service. Quality Commercial Vessels... 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HSC CODE ANNEX 10 ISO 90012008 MADE IN THE USAFreedman GO Seat with Life Vest storage www.freedmanseating.com 800 443-4540 Backed by 120 years of exceptional customer service and innovative seating solutions. certificate renewal or drydock exam however changes to the owner operator lifesaving and firefight- ing equipment route or operating conditions may also result in you getting an amended COI. If you have a change to the owner operator or equipment on board the vessel you need to let your local Coast Guard office know the changes so that your COI can be as accurate as possible. In some recent cases local Coast Guard offices have made changes to the language in the Route Permitted and Conditions of Operations section of vessel COIs. Most of the time these changes are administrative and are to make sure endorsements are consis- tent across the local fleet however some changes have altered the very operation of the vessel. Please keep in mind that this section is normally filled out when the vessel is first inspected by the local Coast Guard office and contains a combination of zone-specific route information as well as endorsements for senior deckhand training scaled manning or other operating considerations as appropriate. As stated before much of the information is static so it would be easy to just glance over all the verbiage in this section. I cannot recommend strongly enough that you make sure you are aware of any changes that have occurred to this section between COI amendments. The Coast Guard has a number of ways to communicate amendments to your COI. For changes in inspec- tion dates and other routine amend- ments there will be an endorsement at the end of the last page of your COI. The endorsement will have a brief description of the changes made to the COI. For more substan- tive amendments resulting from an inspection a local policy change or national regulatory changes you should not only have the endorse- ment but also prior knowledge of the amendment. The bottom line is that there should be no surprises on your COI. Amendments to your COI driven by inspection results and local policy changes can be the most problem- atic since they can be unexpected. Ideally for policy changes the local Coast Guard office will reach out to the affected vessels at industry day through a newsletter or by picking up the phone and calling the vessel owner or operator directly to explain the changes. Local policy changes should be in response to changes in the operating environment casu- alties inspection results across the fleet or other risk factors clearly articulated by the Coast Guard. Lacking a clearly defined need amendments that have a detrimen- tal impact to your operation must be dealt with quickly through reconsid- eration or appeal. Proposed amendments to your COI based on an inspectors finding during an inspection or new inter- pretation of a regulation need to be addressed immediately through re- consideration or appeal. In a recent case a member was given a CG-835 that immediately limited his opera- tions with the intent to amend the COI on the vessel. In some cases the process used by the local Coast Guard to amend 24 may 2015 FOGHORN saFETy sEcuRiTy MATTERS OVER 65 YEARS COOLING THE MARINE INDUSTRY R.W. Fernstrum is committed to providing long-lasting quality cooling systems. Our engineers work with you to custom design a solution that meets the needs of your vessel and operating conditions. GRIDCOOLER Keel Cooler Tranter Heat Exchangers WEKA Boxcooler Heat Exchangers WEKA Boxcooler ENGINEERED COOLING SOLUTIONS. fernstrum.com 906.863.5553 salesfernstrum.com Photo courtesy of Blount Boats Inc. A_RW01-0115-FogHorn-Ad-Blount-Boats-Final.indd 1 1815 316 PM CoIs or place operational controls through Cg-835s runs counter to their own guidance. Below is an extract from Volume II of the Coast guard Marine Safety Manual Section A Chapter 1 F.2. discussing the need to balance administration of inspection regulations with practical vessel operations. The Coast Guards objective is to administer vessel in- spection laws and regulations and promote safe well-equipped vessels that are suitable for their intended service. It is not the Coast Guards intent to place unnecessary economic and op- erational burdens upon the maritime industry. When deter- mining inspection requirements and procedures inspection personnel must recognize and give due consideration to the following factors a. That the burden for proposing acceptable repairs rests upon the vessels owner not upon the repair facility or the inspector. b. That delays to vessels which can be costly need to be balanced against the risks imposed by continued operation of the vessel with safety of life property and the environment always the predominant factors rather than economics. c. That certain types of construction equipment and or repairs are more economically advantageous to the vessel operator and can provide the same measure of safety. d. That some repairs can be safely delayed and can be more economically accomplished at a different place and time. e. That the overall safety of a vessel and its operating condi- tions such as route hours of operations and type of operation should be considered in determining inspection requirements. f. That vessels are sometimes subject to the operational re- quirements of organizations and agencies other than the Coast Guard. g. That a balance must be maintained between the require- ments of safety and practical operation. Arbitrary decisions or actions that contribute little to the vessels safety must be avoided. Reconsideration If you disagree with what the marine inspector or local Coast Guard office is requiring you have the right to request reconsideration. reconsideration is directed to the marine inspector the Chief of Inspections and the Prevention Department Head and can be as informal as a phone call. However putting your concerns in writing is preferred as there will be a paper trail and a document- ed response from the Coast Guard. The final authority for reconsideration is the officer in Charge Marine Inspection if your issue is not resolved at a lower level. In the case above the issue was satisfactorily resolved at the Chief of Inspection level. Appeal If you disagree with the decision of the oCMI then you can appeal to the District Commander and Coast guard Headquarters as per 46 CFr 1.03. I know it may seem daunting but keep in mind appeals can be expedited in critical situations so I encourage you not to take the easy business route and accept what may be an incorrect interpretation of the regulations. By enabling the inspector to make bad decisions you risk perpetuat- ing more bad decisions. Request a Stay of the Decision once the appeal reaches the District Commander he or she has the option to stay the decision of the oCMI and allow the vessel to continue to operate as before prior to the issuance of the requirement or restriction. In another recent case a vessel owner requested a stay because the amendment to the CoI changed the way the vessel could operate despite 25 years of safe operation. The stay was granted and the appeal continues. Above all you should not be fearful of retribution from the Coast guard. The Coast guard is charged with not only enforcing safety security and environmental protection but also the facilitation of commerce. As I have said before any competent professional marine inspector will know its just business not personal. The staff at PVA are available anytime to assist members in navigating the reconsideration and appeal process. n may 2015 FOGHORN 25 Increased sales through our multiple low to no cost marketing plans. Decreased operating cost by eliminating redundancy and automating workflow for better efficiency. Flexible management tools to give you the ultimate control over your sales and operations. DESTINATION MANAGER THE COMPLETE SALES AND MANAGEMENT SYSTEM www.vts-no.com Formally Virtual Ticketer No Risk Free Trial Tim Eversole Director of Sales and Support teversolevts-no.com Tel 504 840-9800 X 113 Toll Free 877 265-3521 X 113 Cell 859 652-9885 YOUR COMPLETE TICKETING SOLUTION. 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NEwswIRE PVA vessel operators in Hawaii Alaska and elsewhere in the U.S. have known anecdotally for some time that their local populations of humpback whales have rebounded significantly from when the species was listed under the federal Endangered Species Act ESA 45 years ago. now the national oceanic and Atmospheric Administration NOAA has confirmed the whales restoration by proposing to delist most populations of the species. If NOAAs proposal is finalized most humpback whale popula- tions will no longer be classified as either endangered or threat- ened under the ESA. However that doesnt mean that the whales will be unprotected. The federal Marine Mammal Protection Act will continue to govern human interac- tions with the species with strict provisions about taking and ha- rassment. In addition management rules for several national Marine Sanctuaries such as in Hawaii and off the California coast and in glacier Bay national Park and Preserve in southeast Alaska will still apply. The agency intends to accom- plish the change in status by reclas- sifying the humpback whale into 14 distinct population segments for purposes of the ESA. Ten of the 14 populations will not warrant listing. Protection and restoration efforts over the past four decades have led to an increase in numbers and growth rates for humpback whales in many areas. While commer- cial whaling severely depleted humpback whale numbers popula- tion rebounds in many areas result in todays larger numbers with steady rates of population growth since the United States first listed the animal as endangered in 1970 noAA officials said in a press release. Decisions about listing and delisting pursuant to the ESA are required to be made based on scien- tific evidence. A public comment period is open for 90 days. To see the proposal in full and to submit a comment go to www.regulations.gov and enter noAA-nMFS-2015-0035 in the appropriate box. n Humpback Whales May Be removed from endangered list 26 may 2015 FOGHORN newswire membernews P VA A s s o c i a t e M e m b e r Caterpillar Marine Peoria IL has completed the acquisition of ESRG Technologies Group LLC a vessel monitoring and data analytics leader in the marine industry. The acquisition includes ESRGs com- prehensive software suite for the remote monitoring and diagnostics of more than 65 on-board systems as well as the expertise to provide meaningful recommendations to ship owners to help increase effi- ciency reduce downtime on their vessels and assist shipyards in reducing warranty expenses. ESRG will become a part of Caterpillar Marine which operates within the Marine and Petroleum Power Division of Caterpillar Inc. ESRG software solutions will be rebranded as Caterpillar and sold and supported through the global Cat dealer network. The technol- ogy will operate in alignment with the broader Caterpillar Inc. Cat Connect monitoring initiatives. n Caterpillar Acquires ESRG Technologies Group LLC Expanding Monitoring Analytics Prognostic Capabilities to the Entire Vessel Navigating your risks day and night. As the owner of a passenger vessel you face tough decisions every day from hiring qualied crew to making sure your vessel is in prime condition. At Aon we spend day and night thinking about your maritime risks so buying insurance doesnt have to be another tough decision. We work with you to develop creative approaches and customized solutions that deliver more efficiencies improved protability and greater value. For more information please call 1.800.730.7053 or visit passengervessel.commember-resources.htmlinsurance Risk. Reinsurance. Human Resources. Navigating your Aon Risk Solutions Marine U.S. Transportation Secretary Anthony Foxx has designated three new marine highway projects. The Mississippi and Illinois Rivers pre- viously designated as the M-55 and M-35 connecting Chicago and Minneapolis to New Orleans will serve as the primary routes for a new container-on-barge service being developed by communities along the rivers. The M-495 Potomac River Commuter Ferry Project will connect work and residential centers in the metropolitan Washington DC area located along the Potomac Occoquan and Anacostia Riversproviding a waterborne alternative for moving passengers and freight within the region and increase the resiliency of existing regional transit system. The third service is a proposed route that will provide access to origins and destinations east of the Hudson River for freight arriving and departing the Port Newark Container Terminal further enhancing New York Harbors cross harbor freight network. A marine highway project is a planned service or expansion of an existing service on a designated Marine Highway Route that provides new modal choices to shippers of cargo reduces transportation costs and provides public benefits including reduced air emissions reduced road maintenance costs and improved safety and resiliency impacts. n Department of Transportation Designates Three Marine Highway Projects may 2015 FOGHORN 27 newswire 2570 Beverly Dr. 128 Aurora IL 60502 T 630.236.3500 CENTA Power trAnsmIssIon LeADIng By InnovAtIon USA based production Over 20 unique designs Over 16 million sold Torsional vibration experts Trust CENTA The Global Innovator Since 1970 CENTALINK Carbon Fiber Driveshafts Innovative flexible couplings for marine applications Travel by ferry between Florida and Cuba moved a step ahead on May 5 2015 when the U.S. Treasury Departments Office of Foreign Asset Control OFAC granted specific licenses to several companies to engage in this transportation none of the operators mentioned in press reports are PVA members. The governments action does not represent a general authorization for any company to engage in ferry service. Each potential operator must apply for and receive a specific license from OFAC. Before actual service can start the licensed companies must also obtain approval from the Cuban govern- ment. Also U.S. approval comes with numerous restrictive conditions. Because this will be an internation- al route the ferry vessels need not be flagged in the United States. U.S. licenses do not authorize the carriage of vehicles. Only passen- gers can be transported and only if the traveler is classified in one of 12 categories that have been previ- ously authorized for travel to Cuba. Consequently an individual who is merely a tourist wishing to visit Cuba cannot be accommodated. The 12 authorized categories for individuals traveling from the U.S. include family visits official govern- mental business journalistic activity professional research and profession- al meetings educational activities religious activities public perfor- mances clinics workshops athletic and other competitions support for the Cuban people humanitarian projects activities of private founda- tions or research or educational in- stitutes exportation importation or transmission of information or infor- mation materials and certain autho- rized export transactions. A Cuban national with a valid U.S. visa or travel authorization will be allowed to sail from Cuba to the U.S. n Treasury Issues Licenses to Prospective Ferry Operators Between U.S. and Cuba 28 may 2015 FOGHORN membernews PVA Welcomes New MemberS Kvichak Marine to Build Two WETA Ferries Kvichak Marine Industries a Vigor Industrial Company Seattle WA was recently awarded a contract by the Water Emergency Transportation Authority WETA San Francisco CA for the design and construction of two all-aluminum 400 passenger-only ferries. The whole Kvichak team is incred- ibly proud to have been selected to build WETAs two new state-of-the-art ferries said Keith Whittemore President of Kvichak Marine Industries. We will build two great boats that will serve the citizens of the Bay Areafor decades. The new vessels will replace two of WETAs 12-vessel fleet that are approach- ing the end of their expected life. The Vessel Replacement project is part of the ongoing fleet renewal process which will enable WETA to provide reliable service across our system and enhance our customers experience when traveling or commuting across the Bay said Nina Rannells WETA executive director. We look forward to working with Kvichak to enhance our fleet of passenger ferries. Designed by Incat Crowther Australia the 135 x 38 all-aluminum catamarans will feature MTU 12V4000 M64 EPA Tier III engines rated 1950 BHP 1830 RPM coupled with ZF7600 reduction gears as the propulsion system. An exhaust after treatment system will also be included. Kvichak awarded Nichols Brothers Boat Builders the subcontract to provide the bolt-on superstructure for the project. From 2007 to 2010 the two companies collabo- rated on the delivery of four 118 environ- mentally friendly ferries to WETA which are currently in service in the San Francisco Bay area. The vessels will be the 700th and 701st vessels built by Kvichak and are anticipat- ed to be in service the summer of 2017. n Find your local sales rep at www.portsupply.comcontact-us or email us at aisportsupply.com for more information. USCG regulations have changed Know which AIS device you need. em-trak A100 AIS Class A Transceiver Fully USCG certified for all commercial vessel installations at deep sea and in coastal and inland waters. Single unit solution Small and lightweight Rmax technology for high performance Simple to install and configure Rugged design Intuitive user interface Model 12333944 Commercial vessels in United States waters must have a USCG-certified Class A or B AIS transceiver operational at all times by March 2016. PVA Member Price 1798 Arthur J. Gallagher Company St. Louis MO J.B. Andrews III www.ajg.com Associate Member Marine Entertainment Inc. Clearwater FL Timothy Harris www.littletoot.us Vessel Member Western Branch Diesel Inc. Portsmouth VA Tim Walters www.wbdiesel.com Associate Member may 2015 FOGHORN 29 MEMbERNEwS Welcome aboard Samish New Olympic Class Ferry Joins WSF Fleet The brand new 144-car Samish is set to officially take its place amid Washington states world-class ferry system. on April 10 PVA Member Washington State Ferries Seattle WA accepted the Samish from buildercontractor Vigor Industrial Seattle WA. Following two months of sea trials and crew training the new ferry will begin service on the AnacortesSan Juan Islands route in mid June just in time for the start of the summer sailing season. Im delighted to take delivery of the Samish said Ferries Assistant Secretary Lynne Griffith. More than 23 million passengers rely on our ferry system every year. Adding another olympic Class vessel repre- sents the states continued commit- ment to replace older vessels and plan for the future. Along with more space for tall vehicles the 126 million Samish offers an ADA-compliant car-deck restroom flexible seating configu- rations improved heating and ven- tilation and wider stairwells and passageways. Its been an honor for Vigor to partner with Washington State Ferries on this vessel and the nine other ferries weve built to serve the people of Washington said Bryan nichols director of sales at Vigor Fab. The Samish represents the very best in state-of-the-art ferry design and has helped strengthen the maritime community by supporting over 500 jobs throughout the Puget Sound. The new ferrys name comes from a tribal word meaning giving people. It is the second of three funded olympic Class vessels to replace the aging midcentury-era Evergreen State Class vessels. n 30 may 2015 FOGHORN advertisersindexLETTER FROM THE executive director Continued from page 5 memberprofile All American Marine. . . . . . . . . . . . . . . . . . . 14 Aon Risk Management. . . . . . . . . . . . . . . . . . 26 Blount Boats Inc . . . . . . . . . . . . . . . . . . . . . 27 Burger Boat Company. . . . . . . . . . . . . . . . . . 22 Carus AB Ltd . . . . . . . . . . . . . . . . . . . . . . . . 17 Caterpillar Marine. . . . . . . . . . . . . . . . . . . . 11 Centa Corporation . . . . . . . . . . . . . . . . . . . . 27 Dejong and Lebet. . . . . . . . . . . . . . . . . . . . . 29 Expeditions Maui LanaI Ferry. . . . . . . . . . . . . 19 Freedman Seating Company . . . . . . . . . . . . . 23 Furuno USA Inc.. . . . . . . . . . . . . . . . . . . . . . . 8 GPLINK LLC. . . . . . . . . . . . . . . . . . . . . . . . . 18 Hamilton Jet. . . . . . . . . . . . . . . . . . . . . . . . . 15 John Deere Power Systems. . . . . . . . . . . . . . . . 9 Kobelt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Marine Group Boat Works. . . . . . . . . . . . . . . 16 MCM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Metal Shark Aluminum Boats . . . . . . . . . . . . . 21 Motor Services Hugo Stamp. . . . . . . . . . . . . . 32 MTU. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Nichols Bros.. . . . . . . . . . . . . . . . . . . . . . . . 19 Port SupplyWest Marine. . . . . . . . . . . . . . . . 28 RW Fernstrum Co. . . . . . . . . . . . . . . . . . . . . 24 Scania USA. . . . . . . . . . . . . . . . . . . . . . . . . . 7 Springfield Group. . . . . . . . . . . . . . . . . . . . . . 9 Starboard Suite. . . . . . . . . . . . . . . . . . . . . . . 12 Timco Marine Equipment. . . . . . . . . . . . . . . . 20 Topper Industries Inc.. . . . . . . . . . . . . . . . . . 23 Twin Disc Inc. . . . . . . . . . . . . . . . . . . . . . . . . 7 UES Seating. . . . . . . . . . . . . . . . . . . . . . . . . 13 US Outfitters LLC . . . . . . . . . . . . . . . . . . . . . 21 Virtual Ticketing Solutions. . . . . . . . . . . . . . . . 25 VT Halter Marine . . . . . . . . . . . . . . . . . . . . . 29 WheelHouse Technologies Inc. . . . . . . . . . . . . 6 Zerve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 April marked an important event for the New Orleans Steamboat Company New Orleans LA. The long-time PVA Vessel member celebrated its 40th anniversary commemorating the day the current Steamer Natchez first set sail on April 13 1975. In 2014 the Natchez carried more than 330000 passengers. Before modern transportation the Mississippi River was the main highway and steamboats were a means of trade and travel. Today however the Natchez is the only steam-powered steamboat remaining on the river. Built in 1974-75 in New Orleans by Bollinger Shipyards the 265-foot Natchez carries up to 1200 pas- sengers per cruise. Its stern wheel which is 25 feet in diameter is constructed of white oak and steel and weighs 26 tons. This is the ninth steamer to bear this name and it was her predecessor Natchez VII that raced the Robert E. Lee in the most famous steamboat race of all time. Her line traces back to 1823 when Natchez I was built in New York City and operated out of New Orleans. Its a line of steamers that follows the course of river history from the relaxed plan- tation era the turbulence of the Civil War through the 90s and today. The Natchez is a beloved icon of the city of New Orleans that has launched the riverfront revitalization says Gordon Stevens president and CEO of the New Orleans Steamboat Company. As the last authentic steamboat on the Mississippi we offer tourists a unique experience and a view of the city from the river that is unsurpassed. The Natchez sails three times a day 11 months a year and features live jazz music live narration from a steamboat captain steam engine room visits calliope concerts and authentic Creole cuisine and beverages. n New Orleans Steamboat Company Celebrates Anniversary Steamboat Natchez 40 Years Strong Partnership Meeting QP. This important meeting allows both PVA and Coast Guard to address current issues and to work to identify non- regulatory solutions. Over the years this meeting has delivered many tangible improvements involving ev- erything from safety inspections to vessel design. The QP meeting held this month in Washington D.C. was no different in that it delved into a variety of current issues of impor- tance to both industry and govern- ment. Included were discussions on safety management systems for passenger vessels non-metallic sea- strainer requirements an update on the progress of the 5A Transient fire load working group congested waterways management and use issues enforcement by the Coast Guard for rail jumping as well as de- velopment of Coast Guard statistics to highlight the positive safety record of the passenger vessel industry. In addition several charters establish- ing PVACoast Guard work groups were signed to focus on non-regula- tory steps to prevent slips trips and falls aboard passenger vessels and to explore development of testing guidance for electronically controlled engines. Each work group will be made up of PVA members and Coast Guard personnel. As you can tell there has been a great deal of forward momentum on the issues that matter most to PVA members. PVA member vol- unteers are contributing their time and expertise on a variety of fronts. I encourage you to get involved also. In the meantime please let me know whenever we can be of assis- tance to you. Sincerely John R. Groundwater Executive Director n www.mtu-online.com Partnering for success. Your business is our business. Moteurs Baudouin A MARINE ENGINE ONLY Manufacturer Baudouin 6M26.3 Motor-Services Hugo Stamp Inc. Authorized Distributor and Service Center MOTOR-SERVICES HUGO STAMP INC. MSHS is proud to present the Baudouin 6M26.3 marine diesel engine to the North American market. The 6M26.3 engine is U.S. EPA Tier 3 compliant and offers 815mhp 2100rpm the strongest commercial inline 6 engine in the 16 liter class. Baudouin only manufacturers marine engines and with over 100 years of experience the 6M26.3 design features a modern common rail Bosch injection system individual cylinder heads crank case access doors to ease the serviceability of the engine as well as a compact and light design. For more information please visit mshs.com or email enginesalesmshs.com. EPA 3 Configuration Displacement Weight lbs Medium Duty P3 Heavy Duty P2 Heavy Duty P2 Continuous Duty P1 6M26.3 6 cyl 15.9 liters 3935 815mhp 2100rpm 750mhp 2100rpm 700mhp 2100rpm 600mhp 1800rpm infomshs.com www.mshs.cominfomshs.com www.mshs.cominfomshs.com www.mshs.com Baudouin 6 TOR-SERVICES HUGO STAMP INC. MSHS oud to present the Baudouin 6M26 3 marine 6 cylConfiguration A MARINE ENGINE ONLY Manufacturer EPA 3 6M26.3 Moteurs Baudouin A MARINE ENGINE Moteurs Baudouin A MARINE ENGINE ONLY Manufacturer