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POWER AT WORK Capt. Pete built by Pan Isles Inc. powered by twin Scania 16-liter V8 engines Gulfport MS 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. NortheastGreat Lakes Mack Boring Parts Co. 908-964-0700 Northwest Western Canada Cascade Engine Center 206-764-3850 Southeast Kraft Power 800-394-0078 Southwest Boatswains Locker 949-642-6800 Gulf Coast NRE Power Systems 504-393-7272 CentralEastern Canada ADF Diesel 800-517-1489 DISTRIBUTORS PASSENGER VESSEL ASSOCIATION tel 1 800 807-8360 fax 703 518-5151 june 2015 FOGHORN 3 Volume 14 Number 5 JUNE 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 Ofces Managing Editor Karen Rainbolt 2771 Houston Dr. Los Osos CA 93402 tel 571 388-7752 Contributing Editor Richard Purinton Washington Island Ferry Line Washington Island WI Advertising and Business Ofces Publisher Peter Philips Advertising Sales Bill Forslund bill 2201 West Commodore Way Seattle WA 98199 tel 206 284-8285 fax 206 284-0391 Operations Maintenance Columns 4 Presidents Letter 5 executive Directors Letter 17 Regulatory Report 20 Legislative Report 23 How PVA Benefits You 26 Safety Security Matters 29 Member News 29 New Members 30 PVA Calendar 30 Advertisers Index About the Cover The Arni J. Richter operated by Washington Island Ferry Line Washington Island WI was in drydock in Sturgeon Bay WI earlier this year for its regular inspection and maintenance. See story about drydock extensions on page 17. Photo by Dick Purinton. 6 Culture The Foundation of Operations Veteran passenger vessel industry executive Bob Shaw explains his tenets for building successful vessel operations regardless of size or location. 9 Fixed Carbon Dioxide CO2 Extinguishing Systems Recently the U.S. Coast Guard issued a safety alert about inspecting CO2 extinguishing systems. Morgan Hurley explains why its important for vessel operators to take heed of this vital function. 12 Shipyards and the Disadvantaged Business Enterprise Program The Federal Transit Administration explains how its grant program may benefit PVA members and the passenger vessel industry overall. 25 Washington State Ferries Crew Saves Man on Halloween The captain and three crewmembers of a ferry rescued a man who went overboard in Puget Sound last October. 4 june 2015 FOGHORN Training 101Why Not Blend It Recently I attended the Worldwide Ferry Safety and Technologies Conference held in New York City. The overarching agenda to this conference was how can international countries of both developed and develop- ing maritime communities take advantage of guiding global trends in ferry transpor- tation while achieving the ultimate goal of maintaining an acceptable level of safety Achieving safety is always a constant battle both domestically and internationally due to the threat and likelihood of human error. Fortunately we are enveloped in a time of ever-changing technological innovations where ap- plications are developed which can be adapted and used to enhance safety affordability and efficiency in ferry operations. It was an honor for the Worldwide Ferry Safety Association WFSA to reach out to PVA to present at this conference. PVAs Director of Risk Management and Safety Eric Christensen delivered our message to the worldwide community about our training regiment and success rate of carrying over 200 million passen- gers annually virtually casualty-free. Erics comments further enhance the Passenger Vessel Associations values and view points to the international communities both developed and developing. WFSA in conjunction with the Transportation Research Board is seeking best practices from all entities in the maritime community. Members of PVA pride our reputation on our safety record and training regiment from all operating member opera- tions. So how do we further enhance and take this superlative record to the next level while keeping our crews engaged Blend it. Blended learning or blended training may be the answer or new trend. So what is blended learning or as some may refer as blended training In a formal education program blended learning combines resources of instruction in the classroom computer-based teaching and Internet technologies. The leveraging of these three modes affords students a more personalized learning experi- ence with increased control over the students control over time place path and pace of learning. Because of the success rate of blended learning and training in the educational forum we are seeing this type of blended instruction in the workplace especially in vessel operations. Lets look at new crew hires for an example. Lets say youve just hired 15 new crewmembers and after their pre- employment drug testing you meet with them in a formalized conference room atmosphere and explain company objec- tives what you expect from them and what their roles will be as crewmembers. It is a known fact that people learn in different ways with most only being able to retain about 10 percent of what they hear. Now its time to leverage technology. With digiti- zation of the work processes and workplaces almost every employee is equipped with a laptop computer and a mobile phone at work of course they are. Take advantage to leverage the existing technology while not spending surplus budget funds or man hours. Now you can direct them to an electronic format of your companys crew training documents and company handbook for them to review. This can be accomplished either via the Internet on a secure website you have set up or simply on a CD or thumb drive. To advance this a step further crew training can begin as a web-based program if you so desire where crew members will read through your crew training documents in a modular format and will be asked to take an exam upon completion and print out a certificate acknowledging their success and sub- mission to your operations personnel. Finally they are ready to advance to the actual hands-on training that they have prepared themselves for. By leveraging the blended approach to learning and training you not only make your crew training ready for the future but with incorporating the use of everyday devices as a means of delivery will make learning and training an easy and interesting process for your crewmembers. n Dave Anderson President LETTER FROM THE PRESIDENT Dave Anderson In a formal education program blended learning combines resources of instruction in the classroom computer- based teaching and Internet technologies. june 2015 FOGHORN 5 LETTER FROM THE executive director John Groundwater Keeping Advocacy Efforts at the Forefront As you know PVA works diligently to represent your interests before Congress and the regulatory agencies. Through a highly collaborative process PVA volun- teers and staff work together to identify current and emerging issues of importance to the passenger vessel industry. Through functional committees they draw upon their knowledge and tap staff expertise to develop positions and courses of action to garner relief from current or emerging regulation and to help promote better business environments for all PVA members. A Step Forward on Out-of-Water Survival Craft Just last month PVA took a major step forward on one of its major legislative priorities repeal of the one-size-fits all survival craft law as the U.S House of Representatives approved H.R. 1987 the Coast Guard and Maritime Transportation Authorization Act of 2015. This bill contains language that would allow the U.S. Coast Guard to continue to use a risk-based system to determine the type of survival craft that must be carried aboard commercial passenger vessels. If youll recall in 2010 Congress enacted a law that took away the Coast Guards authority to determine the appropriate requirements for survival craft and mandated a one-size-fits-all out-ofwater lifesaving re- quirement that would go into effect in February 2016. This legislation flew in the face of long-standing Coast Guard experience and success in overseeing this par- ticular aspect of safety aboard passenger vessels. It also ignored an industry safety record which continues to be acknowledged far-and-wide as excellent. The Coast Guard has time and again recognized PVA members for their safe vessel operations and has praised operators for their professionalism and high standards in protecting the safety of passengers and crew. While PVA has emphasized all along that such a requirement was excessive it also stressed that such a move would place unnecessary financial burden on small businesses without a clear risk-based benefit to passengers. Special thanks go to Congressman Duncan Hunter 50th-CA and Congressman John Garamendi 3rd-CA for their leadership in promoting this legislative provision. Even though this is a very positive step forward for PVA and its members our work is not yet over. We will now focus our efforts in the U.S. Senate to urge it to quickly adopt and pass companion legislation. PVA the Coast Guard and the Quality Partnership Meeting Another active part of PVAs advocacy work focuses on a variety of Coast Guard matters and involvements. Needless to say Coast Guard and its interaction with PVA members is an important part of commercial passenger vessel operations. Building solid working relationships with the Coast Guard and its leadership is central to ensuring smooth operations. This spring PVA leaders and staff gathered in Washington D.C. for the PVACoast Guard Quality Partnership Meeting QP. This meeting which is held twice annually allows PVA and the Coast Guard to col- lectively address issues of common interest and concern as well as correct any misunderstandings or misinforma- tion. When an issue requires a higher level of scrutiny and effort the QP meeting also affords an opportunity to establish working groups that bring together individuals from both industry and government with the expertise to identify workable solutions. Working group charters were signed with the Coast Guard to help reduce slips trips and falls and to establish new design verification test procedures for passenger vessels. And Speaking of Safety... Congratulations to Uncle Sam Boat ToursAlexandria Bay NY. This long-time PVA vessel member was honored on May 27 when three of its mariners received the Coast Guards prestigious Captain David D. Dobbins Award. Captain Carrie Jenne Greg Lyons and Molly Bashaw aboard Uncle Sams Island Wanderer rescued a canoeist who fell into the waters of the St. Lawrence River and nearly succumbed to hypothermia. The Dobbins Award is presented by the Coast Guard in recognition of outstanding action accomplished while conducting a search and rescue mission on the Great Lakes. David P. Dobbins was appointed the first superin- tendent of the U.S. Lifesaving Service of the Great Lakes in 1876. He distinguished himself by performing and organizing numerous heroic rescues during his career. Making Headway in Attracting New PVA Members PVA has added 19 new companies to its member- ship rolls so far this year. We are very pleased with this continuing success as it can be tied directly to the efforts of PVA volunteers and staff to target prospec- tive new member companies nationwide. A great deal of effort has gone into clearly communicating the many LETTER FROM THE executive director Continued on page 30 6 june 2015 FOGHORN FOGHORNFocuS OpERaTiONs MaiNTENaNcE 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 A t t h e P V A A n n u a l Convention at MariTrends 2015 in Long Beach CA I enjoyed presenting 5 Success Planks for our industry. The planks are culture safety growing your team metrics and achieving goals and marketing and branding. Addressing the first plank I believe that the foundation of a great operation is an organizations culture. Culture determines how the thousands of tasks are done in a business. Shaping culture is con- sequently crucial to success. Let me share with you my insights about culture and its cultivation in our industry. Twenty-five years ago at Spirit Cruises we embarked on an ag- gressive customer survey program. A tiger team was led by Tom DAmato a veteran general manager Doug Porter who eventually became an executive vice president for the Leo Burnett ad agency and Cindy Gibson the best data wizard in the business. Eventually we collected nearly 50000 paper surveys a year that were sci- entifically tracked and disseminated. With such tremendous feedback the whole organization became singu- larly focused on improving the guest experience. Our crew loved this focus thats why they were in the hospi- tality business to begin with and our guests came back in droves. All managers had bonus plans that were critically dependent on these quality scores. Imagine our pride when a blue chip consultant said we had a better program than Lexus and of any company under a billion dollars in sales Those countless surveys had paid off and offered my first lesson in shaping culture. Needless to say every other excursion company I joined shared the same laser focus on superior customer service. Implementing a service system was my next lesson in building culture. Michael Higgins the founder of Odyssey 25 years ago and now CEO of Entertainment Cruises returned from his Hawaiian honeymoon all fired up about the ex- traordinary hospitality at his hotel. He initially chalked it up to Hawaiian aloha spirit but soon found plenty of mediocre service elsewhere in Hawaii. Higgins later learned the hotel had instituted a service system designed by the consultants who had originally set up the Ritz Carltons system We are ladies and gentlemen serving ladies and gentlemen. Consultant Jim Barnes led us in crafting the Odyssey Service System OSS Inspired by a commitment to excellence we create unforgettable memories. OSS seeks to make the company an awesome place for both the guests and crew. That emphasis on the crew paid back big time. Now in its 20th season OSS is Entertainment Cruises backbone and is responsible for the companys amazing growth and immense shipmate pride. The service system illustrates why Peter Drucker the legendary management guru says Culture eats strategy for lunch. Along with Jim Barnes I have installed service systems in other companies and non-profit organiza- tions. Service systems thrive under committed leadership and die when the leaders delegate them to others. Recently I attended a one-day workshop with 200 company presi- dents about Conscious Capitalism a book written by John Mackey co- founder of Whole Foods Market and Raj Sisodia a professor at Babson College. Initially I wasnt excited about the topic but was caught by the subtitle Liberating the Heroic Spirit of Business. Wow. I was blown away and left the seminar with my third lesson in shaping culture. Here are a few takeaways A well-run values-centered business can contribute to Culture the Foundation of Operations By Bob Shaw Industry Consultant 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 with confidence 8 june 2015 FOGHORN FOGHORNFocuS OpERaTiONs MaiNTENaNcE 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 humankind in more tangible ways than any other organization in society. It is immoral for a business not to make a profit. Capitalism can be a heroic force in addressing societys greatest challenges. Mackey and Sisodia have a service system with core values and focus on three traditional stakeholders satisfied and delighted customers team member happiness and motivated investors while adding two more partnerships with vendorssuppliers and community and environmental re- sponsiveness. T h e t e n e t s o f C o n s c i o u s Leadership are selfless and servant leadership. Its about personal awakening getting yourself right and being the trans- formative role model for the or- ganization. It reminds me of the fierce humility of so many great leaders. B u s i n e s s i s m u c h m o r e difficult today compared to the magic carpet ride of the 1980s and 1990s. Conscious Capitalism makes a compelling case for us to treat vendors and suppliers as partners dont you feel that this collaboration is so unusual and so needed Our maritime heritage has us as stewards of the environment by which our industry does a pretty good job and our young crew demands that we be leaders. We already operate with so many facets of our communities and opportunities abound to be even better. Read Conscious Capitalism and be inspired you will learn a dozen ways to make your organization better and even great. My history with creating culture started with an initial relentless focus on customer satisfaction paired with an engaged happy and fulfilled crew. That in turn led to profits satisfied investors and growth for all. But in todays increasingly complex world we need to add partnerships with our suppliers and up our environ- mental and community leadership. In the spirit of always being better tomorrow we must keep pursuing the ever brighter and exciting future. Getting your culture right is the best foundation to align those thousands of operational tasks we face. I cant wait to see what the next lesson will be for us. n About the Author Bob Shaw is a veteran industry executive having led over 100 vessels responsible for over 10 million passengers a year. He can be reached at june 2015 FOGHORN 9 FOGHORNFOCUS operations maintenance 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.Facebook.comFuruno ECDISElectronic Chart Display and Information System ECDISElectronic Chart Display and Information System C oast Guard Marine Safety Alert 6-15 dated May 27 2015 advised operators of vessels with fixed carbon dioxide CO2 extinguishing systems to be familiar with the operation of the systems conduct periodic inspec- tions to the systems to verify they are operational and know how to recognize when a CO2 system has been activated. Carbon dioxide has many prop- erties that make it a desirable fire suppressant it is noncombustible in- expensive easily stored and it leaves no residue. However exposure to carbon dioxide in extinguishing con- centrations can result in loss of life in less than one minute especially in enclosed spaces. Carbon dioxide is odorless and colorless. Because of the toxicity of CO2 USCG requires pre- discharge alarms in protected spaces. Carbon dioxide can be stored at high or low pressure and a single CO2 storage bank can protect multiple spaces with proper control valve systems. Systems range from a small cylinder with piping to a small space to a complex network of storage bottles control assemblies and distribution piping. Due to the potential hazards of CO2 systems Marine Safety Fixed Carbon Dioxide CO2 Extinguishing Systems By Morgan J. Hurley P.E. Aon Fire Protection Engineering Carbon dioxide is odorless and colorless. Because of the toxicity of CO2 USCG requires pre-discharge alarms in protected spaces. 10 june 2015 FOGHORN FOGHORNFOCUS operations maintenance Alert 6-15 recommends owners operators and appropriate vessel personnel do the following Receive adequate training on how to perform routine inspec- tions of CO2 systems Receive training on how to properly operate CO2 systems Frequently review and update training manuals checklists and safety management systems and Post clear instructions for CO2 system emergency operation. N a v i g a t i o n a n d Ve s s e l Inspection Circulars 6-72 and 9-00 Change 1 provide resources that can assist vessel owners with complying with the Coast Guards recommendations. Additionally N a t i o n a l F i r e P r o t e c t i o n Association Standard 12 recom- mends the following Inspect CO2 systems for opera- tional condition every 30 days Test CO2 systems for proper operation annually Test time delays annually Test audible and visual alarms annually Verify installation of warning signs annually and Test system hoses every five years. Verification of operation- al condition can generally be conducted by visual inspection. Many CO2 control assemblies have visual indicators that show whether the system is armed or if it has been discharged CO2 systems generally do not use pressure gauges. More details can be found in the referenced documents. If you need additional assistance contact Aon Fire Protection Engineering at 301-220-1212 or morgan.hurley n OPERATIONAL STUDIES FUNCTIONAL DESIGN PRODUCTION DESIGN PROCUREMENT CONSTRUCTION SUPPORT THROUGH-LIFE SUPPORT CONSULTING DESIGNER OF ROBUST AND EFFICIENT PASSENGER VESSELS 41m Catamaran Passenger Ferry 2 x environmentally-friendly 400 passenger ferries under construction for WETA San Francisco Incat CrowtherE V E R E V O L V I N G E V E R I M P R O V I N G june 2015 FOGHORN 11 FOGHORNFocuS OpERaTiONs MaiNTENaNcE Learn More For more information the following has specific detailed regulations and recommendations on operating and maintaining CO2 systems on passenger vessels. Coast Guard Marine Safety Alert 6-15 May 27 2015 httpwww.uscg.milTVNCOEDocumentssafetyalerts FixedSystem0615.pdf Navigation and Vessel Inspection Circular 6-72 August 22 1972 httpwww.uscg.milhqcg5nvicpdf1970sn6-72.pdf Navigation and Vessel Inspection Circular 9-00 Change 1 March 17 200 httpwww.uscg.milhqcg5nvicpdf2000n9-00.pdf National Fire Protection Association Standard 12 httpwww.nfpa.orgcodes-and-standardsdocument- information-pagesmodecodecode12 About the Author Morgan Hurley is a project director with Aon Fire Protection Engineering. He has worked as a fire protection engineer for the U.S. Coast Guard where he was an author of the Subchapter K fire protection requirements. ITS ALL ABOUTTHE FACTS I love having a world of ideas at my fingertips Sandy Scudder IT Manager for Hyline Cruises Cape Cod revels in being able to capitalise on the new functions and features that are constantly being added to CarRes. With the global client base using CarRes we are able to benefit from their experiences and developments as well as coming up with our own. Booking Check-in Systems for the Global Ferry Industry Carus PBS Ab Ltd P.O. Box 195 FIN-22101 Mariehamn Phone 358 20 7107 800 E-mail Web 12 june 2015 FOGHORN FOGHORNFOCUS operations maintenance I n June 2014 U.S. Transportation Secretary Anthony Foxx highlighted the significant contribution of passenger ferries to our growing economy when announcing the award and distribution of grant funds for passenger ferry investments. Passenger ferries play an important role in our nations transportation network by connecting people with the jobs and services they need to reach across the river the bay and local waterways said Secretary Foxx. Through the Federal Transit Administration FTA alone the Department of Transportation DOT has distributed approximately Shipyards and the Disadvantaged Business Enterprise Program By Britney Berry Jennifer Riess and Janelle Hinton Federal Transit Administration 60 million for passenger ferry projects to recipients i.e. transit agencies and state departments of transportation throughout the United States and selected territories. DOT encourages PVAmembers especially shipyards to take advantage of the opportunity to participate on DOT-funded ferry projects. If youre interested in partici- pating you will need to know the DOT Disadvantaged Business Enterprise DBE program requirements. They are found in Part 26 of title 49 of the Code of Federal Regulations which can be accessed at the website. The DBE program seeks to ensure nondiscrimina- tion in the award and administration of DOT-assisted contracts. In effect for over 20 years this program helps to highlight and make known to small minority- and women-owned businesses federally funded contracting opportunities including DOT vehicle and ferry procure- ments. These small businesses have historically served as both first- and second-tier suppliers on DOT-assisted vehicle contracts. The DBE regulations that most directly impact the passenger ferry industry are those concerning transit vehicle manufacturers TVMs codified at 49 C.F.R. 26.5 and 26.49. Following the adoption of the new DOT DBE Rule in November 2014 TVMs are now defined as any manufacturer whose primary business purpose is to manufacture vehicles specifically built for public mass transportation. Such vehicles include but are not limited to buses rail cars trolleys and ferries . . . 49 C.F.R. 26.5 emphasis added. Land-use vehicle manufacturers that assemble transit vehicles for public use and anticipate bidding on FTA-assisted vehicle contracts are subject to the DBE requirements as TVMs. Likewise any shipyard or other entity that builds ferries for public transit and wishes to bid on DOT-assisted ferry procurements must also follow the DBE requirements. In essence a shipyard or other TVM must set a goal for contracting with DBEs and must take affirmative steps to reach out to DBEs that may be possible subcontractors. The DBE program requirements provide several options to ease compliance. As a first option the shipyard or other ferry manufacturing entity would submit a DBE goal percentage and program plan to FTA before bidding on the FTA-funded ferry contract. The goal rep- june 2015 FOGHORN 13 FOGHORNFOCUS operations maintenance resents the anticipated amount of small minority- andor women- owned businessDBEparticipation expected on the ferry project. The goal is not a quota or set-aside but a reflection of efforts to include DBEs on DOT-assisted ferry projects. The program plan outlines the day-to-day operations of a shipyards DBE program. DOT has several resources to help you establish a DBE goal and program plan. As an alternative the recipient of the FTA grant may establish a project goal for the ferry contract reflecting the recipients overall goal as a percentage of funds for the particular project. In this instance the recipient would require each shipyard that bids on the ferry procurement to actively seek DBE participation during the course of the project and submit documentation displaying its efforts. Unless otherwise notified you must comply with the DBE program requirements highlighted above in order to participate on DOT ferry procurements. DOT recipients may only expend federal funds on ferry procurements that are compliant with the DBE re- quirements. We are excited about this new wave of opportunities within the ferry industry and will provide training opportunities as well as one- on-one assistance to interested shipyards or other relevant entities. For more information please contact us at httpftawebprod.fta. dot.govContactUsToolPublicNewRequest.aspx. n Find your local sales rep at www.portsupply.comcontact-us or email us at 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 About the Federal Transit Administration The Federal Transit Administration FTA is an agency within the United States Department of Transportation DOT that provides financial and technical assistance to local public transit systems including buses subways light rail commuter rail monorail passenger ferry boats trolleys inclined railways and people movers. 14 june 2015 FOGHORN LEGAL By Steven E. Bers Esq. PVA General Counsel W h e n a d v i s i n g v e s s e l employers on employ- ment policies I am fre- quently presented with the question How long should the probation- ary period be Employers are sometimes surprised when I tell them It really doesnt matter followed by . . . so long as it is actually utilized. Indeed whether the probationary period is 30 days 60 days or three months whatever period is adequate to demonstrate skill acquisition and work habits the most important issue is whether the employer actually acts to realize the benefit that a disciplined probation- ary period can provide. It is not uncommon when advising an employer concerning a termination decision to hear the employer remark that the employee should have been terminated long ago. Often the characteristics that cause the termination are the same ones which could have been readily identified at the time the person was a new employee. Many employers create probationary period policies yet fail to utilize these periods for the intended benefit. So what are the benefits First basic fairness the employee is placed on notice not to assume that he or she in fact has a long term job so the employee is on notice not to rush out Lets Discuss Employee Probationary Periods june 2015 FOGHORN 15 LEGAL and make big purchases. More im- portantly there is a popular culture feeling that an employer has more right to terminate a person before a person becomes imbedded in an organization. In termination cases employers are generally given far wider latitude by courts adminis- trative agencies and arbitrators to make subjective judgment calls as to an employees capability when the employment period has been short. Perhaps the greatest benefit of the probationary period is that it sets up a structure by which an employer should determine whether it has made a good or bad investment. I use the word investment identify- ing that the hiring of a single clerical employee assume a 45000.00 annual salary with an average em- ployment period of three years represents a 150000.00 investment or more with taxes and benefits. Doesnt it make sense to early and decisively determine whether the in- vestment has been well made Isnt it advisable to make an early decision whether a new employee has the potential to grow in the job or dem- onstrates the initiative that the indi- vidual needs to succeed For many employers the end of the probationary period comes and goes without any significant decision or analysis as to the employees performance and potential. This is understandable because once an employee has been hired companies naturally do not want to go through the demands of recruiting and hiring another employee with all the time the process demands and to lose the training already invested in a current new-employee. There is a natural propensity to avoid having to go through the hiring process again. Some front line supervisors would rather accept a mediocre employee then go through the bother of justify- ing a termination or dealing with the interpersonal discomfort of terminat- ing an employee. Often with these default behaviors dominating the mediocre employee can stumble into permanent status. The best practice is an internal company structure that allows for decisive and early decision-making. This author believes that employees demonstrating a B- or merely C performance during the probation- ary period should not continue even if the employee has not done anything wrong. Frontline super- visors should be required as of the date the probationary period ends to make a report as to why an employee should continue or not continue. The 2013 Caterpillar. All rights reserved. CAT CATERPILLAR 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. Your customers enjoy dependable service while you get the power and fuel efficiency to keep your business up and running. And the Cat global dealer network is always where you need them when you need them. Bring Cat engines onboard today. Visit your local Cat marine dealer or learn more about us at MARINE.CAT.COM Your passengers rely on you. You can rely on us. 3512C Tier 3C32 ACERT Tier 3C18 ACERT Tier 3 Cat PVA Ad_Rely On You_May 13.indd 1 41513 205 PM 16 june 2015 FOGHORN legal 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. Learn more at Online Reservations and Tour Management Customized for your business and designed around your brand 415.431.5520 Increase sales Let customers see real-time availability and book online 247 Let hotel concierges book trips for their patrons Integrate with Facebook Twitter and Trip Advisor Add new customers to your email marketing lists automatically Offer promotions and discounts on your terms Accept Groupon and Living Social vouchers Improve your operating efficiency Modify trips and reservations from anywhere Completely eliminate overbooking View detailed sales and passenger reports Increase customer satisfaction Let customers see real-time trip availability before they book Send automated email reminders and directions Let customers book from their computer smartphone or iPad Completely web-based Nothing to install. 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 hassle of having to make another hiring decision should not trump the diseconomies of hiring a merely marginal employee. Sometimes employers engage in the process of extending probation. It seldom works and is often merely delaying the inevi- table. Consistent with the B- and C analysis in the prior paragraph if an employees likely success is unclear termination should likely have occurred. Few business decisions for the purchase of a six-figure commodity should go forward with the standard of Im not sure . . . it might be okay. Finally some employers may point to employees who were poor at first yet grew into good employees. It is submitted that this is usually a long shot and that the odds of growing good long-term employees is better enhanced by requiring only top ratings from probation survivors. In summary the length of a pro- bationary period is irrelevant so long as an employer has a disci- plined commitment to use the pro- bationary period to taking decisive actions regarding continued em- ployment. The decision should not be avoided by the short-term in- convenience and expense of having to find another employee to fill a vacancy. Employers who require B or A performance during the proba- tionary period are less likely to be heard saying This person should have been terminated long ago. n About the Author Steven E. Bers Esq chairs the Employment and Maritime law practices of the Washington D.C.Baltimore law firm Whiteford Taylor Preston LLP and has served as PVAs General Counsel since 1988. He may be contacted through the PVA Legal Hotline by email at or by phone 410 347-8724. june 2015 FOGHORN 17 Oshore support vessels Passenger ferries Naval Military vessels regulatoryReport By Peter Lauridsen PVA Regulatory Affairs Consultant H auling a vessel is one of those inspection events that is planned early and in great detail. It usually means setting aside a fixed block of time early in the vessels schedule and often when the period is used for upgrades or extensive main- tenance substantial costs. Even just the internalexternal examination sea valves and tail shaft can be a sig- nificant undertaking when looking at time and costs. What happens when even the best plan runs up against a problem often unexpected and often late in the commitment period. These past few years have presented owners with uncontrolled weather-induced environmental problems of flooding and extensive and long lasting ice conditions. These conditions can and do cause direct and indirect problems in meeting inspection commitments when the vessel cannot move or the repair facilities are themselves adversely impacted. More than one PVA member has had the challenge of delayed inac- cessible or cancelled drydock avail- abilities recently. This is a periodic inspection of great importance to the vessel and Coast Guard. It is much like the overall health examinations of humans. It takes time to do a com- prehensive examination of a vessels health and prognosis for continued service. The out-of-water opportu- nity brings with it the ability to thor- oughly examine the internal and external structure examine propul- sion steering and cathodic protec- tion systems and see the condition of through hull fittings. Implicit in the examination is an assessment of the vessels condition as it relates to Drydock Inspection Extensions 18 june 2015 FOGHORN REGuLaTORyREPoRT its ability to operate successfully and safely to the next scheduled drydock- ing. Because of this examination a delay beyond the regularly scheduled drydocking is viewed very seriously and requires an interim assessment to insure that the vessel remains safe and operational through any extension period. The regulations and implement- ing policy with regard to extensions is as follows For small passenger vessels Subchapter T the applicable regula- tion states Extension of examina- tion intervals. The intervals between drydock examinations and internal structural examinations specified in 46 CFR 176.675 of this part may be extended by the OCMI or Commandant The regulation cite for Subchapter K vessels is 46 CFR 115.675.and the wording is identical. However Coast Guard policy limits extension approvals for Subchapter K vessel extensions to the Commandant. Passenger vessels are regulated by Subchapter H. That regula- tion 46 CFR 71.50-3 g states The Commandant CG-CVC may authorize extensions to the exami- nation intervals specified for the drydock and internal structure exami- nations. Most importantly the regula- tions are further interpreted and given specific procedural direction in the USCG Marine Safety Manual Volume II Marine Inspection. The overall policy and direction is stated Extension of Hull Exams. a. Extensions of hull examinations. Hull examinations must be conducted in accordance with the applicable reg- ulations except in instances where ex- tensions are authorized. 1 A vessel owner or operator must submit any request for an extension of a hull exam to the cognizant OCMI. 2 To avoid unwarranted extension requests OCMIs should ensure that owners and operators are aware that Commandant CG-CVC only grants DE extensions in the most unusual circumstances. Examples of unusual circumstances are the sudden unavailability of drydock space e.g. due to high river stage weather damage to facilities or of the scheduled drydock facility going out of business the employment of the vessel where it cannot be replaced without risk or circumstances clearly beyond the owners control. Financial 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 june 2015 FOGHORN 19 regulatoryReport 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 hardship alone is not a valid reason for granting a drydock extension. The last phrase concerning financial hardship has been inter- preted by the Coast Guard and the experience of previous requesters to mean any mention of money or cost avoidance in a request for extension is a poison pill and grounds for denial. The reality of business is everything can have a value so approval or dis- approval of an extension request has financial overtones. Actually the sentence was intended and es- sentially says if the request is solely for cost avoidance of an owners responsibility for safety you have bigger problems than the need for an extension. When the OCMI receives a request for extension an inspector will be assigned to evaluate the condition of the vessel starting with the vessel history and any outstanding re- quirements. In all but a very few instances the inspector will visit the vessel. During the visit the inspector will interview key licensed vessel personnel i.e. master and chief engineer as to their opinion of the vessels condition. The inspector will also obtain written statements from them supporting the vessels suitability to operate for the period of the extension. The inspector will also examine the vessel to the extent necessary to validate in his or her opinion that the vessel is in a condition necessary to operate safely during the requested extension. For Subchapter T vessels this should be sufficient for the OCMI to make a decision on your extension request. The OCMI has the authority to approve vessel drydock extensions of up to one year. For Subchapter K and Subchapter H vessels the request with the OCMIs recommendation will be forwarded to the district and then to Commandant CVC for a decision. This can be a torturous process if time is short. To avoid problems as soon as you determine the need for an drydock period extension review Volume II Section B Chapter 3 PartA.4 of the MSM assess conditions that the Coast Guard may find problematic such as outstanding requirements impacted or unresolved alternative solutions i.e. other repair facilities and any concerns your license crew have with the vessel or its systems. Resolve those issues early in the process. Make sure you request sufficient time to accomplish your drydocking. Since you are asking for an extension you already have experienced at least one unforeseen problem. It may not be the last. As always dont hesitate to call the PVA staff if you want or need advice or assistance. n 20 june 2015 FOGHORN LEGISLATIVEReport By Ed Welch PVA Legislative Director PVA Is Working Hard for Relief from One-Size-Fits-All Survival Craft Law T h e P a s s e n g e r Ve s s e l Associations highest legisla- tive priority on Capitol Hill in 2015 is to obtain Congressional relief from the one-size-fits-all out-of- water survival craft mandate. Unless Congress acts as of February of next year PVA vessel members who currently are allowed to use life floats will have to replace them with inflat- able buoyant apparatus IBAs. A major step toward achieving this goal occurred on May 18 of this year when the U.S. House of Representatives approved H.R. 1987 the Coast Guard and Maritime Transportation Authorization Act of 2015. Section 302 of the bill allows the U.S. Coast Guard to continue to use a risk-based system to determine the type of survival craft that must be carried on a commercial passenger vessel rather than implementing a one-size-fits-all requirement. If subsequently approved by the Senate and signed into law by the President section 302 will satisfacto- rily resolve this issue for PVA. It will relieve many PVA vessel operators of the current statutory requirement that they remove existing life floats and replace them with inflatable buoyant apparatus IBAs no later than February 2016. For many years the U.S. Coast Guard has had a comprehensive system of safety regulation of U.S. passenger-carrying vessels. These include but are not limited to approval of vessel construction and arrangement mandated safety drills vessel stability tests firefighting systems and equipment required communications and navigation systems periodic drydocking and 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 june 2015 FOGHORN 21 LEGISLATIVEReport annual inspections by trained Coast Guard personnel. A commercial passenger vessel must provide a Personal Flotation Device PFD a life preserver for every person the vessel carries. In addition the vessel must carry survival craft of a type specified by the Coast Guard. There are different forms of survival craft. They include life floats inflatable buoyant apparatus and even traditional lifeboats. Over the years the Coast Guard has used an analysis of risk to specify the type and number of survival craft to be carried on a particular vessel. In 2010 Congress enacted a law that overrode the Coast Guards time-tested risk-based system for determining the appropriate type of survival craft on a passenger vessel. That law mandates that as of a specified date now set at February 2016 no survival craft can be approved for use unless it is designed in a way to keep all occupants from being exposed to water. The effect of this one-size-fits-all provision if not superseded will be to foreclose further use of life floats the type of survival craft currently carried by many PVA vessels especially those that operate in warm water close to shore or where third-party assistance is readily available. Given the excellent safety record of the U.S. passenger vessel industry PVA believes that Congress erred in enacting the 2010 mandate. Since that time PVA has been engaged in seeking legislative reconsideration. First PVA and its allies convinced Congress in 2012 to enact a law directing the Coast Guard to produce a study on the pros and cons of the out-of-water survival craft provision and delaying the original implemen- tation date for the 2010 law. The Coast Guards report delivered in August 2013 and entitled Survival Craft Safety declares Based on analysis of available casualty data carriage of out-of-water survival craft in place of life floats and buoyant apparatus is not anticipated to have a significant effect on vessel safety. The report further states .... the absence of fatalities attributed to type or number of survival craft since 1996 suggests that the Coast Guards risk- based regulations have provided adequate protection and does not support a compelling need for addi- tional requirements for out-of-water survival craft for these vessels. In other words the Coast Guard is saying that the U.S. passenger vessel industry has an excellent safety record that the current system of allowing certain vessels to carry life floats is effective and that there is no safety reason for requiring every MARINE GROUP B o a t w o r k s 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 22 june 2015 FOGHORN Put Your Fleet at Your Fingertips gplink_halfpage.indd 1 1142015 33702 PM LEGisLaTiVEREPoRT Complete control and steering systems for vessels of all types and sizes. 1 604572-3935 Surrey BC Canada KOBELT MANUFACTURING CO.LTD. vessel that must carry survival craft to have out-of-water IBAs. The report also documents the substantial acqui- sition and maintenance costs associ- ated with IBAs. In 2014 responding to the Coast Guards 2013 report the House of Representatives passed a provision to return to the Coast Guards risk- based system for survival craft. Unfortunately for procedural reasons during the lame-duck period in December 2014 the Senate was unable to accept the House language. Not to be daunted PVA renewed its advocacy for a change in law in 2015 bringing about two dozen PVA members to Capitol Hill in April to discuss the issue with lawmakers and their aides. Out-of-water survival craft are appropriate in many situations in areas of cold water where hypo- thermia is a threat when a vessel travels farther from shore and in areas where prompt third-party as- sistance cannot be expected. Thats why the Coast Guards risk-based rules have for years required many passenger vessels to carry out-of- water survival craft and many PVA members do have IBAs. However a nationwide one-size-fits-all re- quirement is neither necessary nor justified. It can be awkward to speak of costs when the safety of human life is concerned. Here however the most knowledgeable safety regulator the Coast Guard is telling Congress that safety can be ensured on U.S. passenger-carrying vessels by the continued use of life floats along with the many other safety regulations that apply and that the installation of out-of-water IBAs will not have a meaningful impact on safety. Congressmen Duncan D. Hunter and John Garamendi both of California chairman and ranking Democrat respectively of the House Subcommittee on Coast Guard and Maritime Transportation have been instrumental in developing section 302 of H.R. 1987. PVA expresses its thanks to these lawmakers as well as to other House allies including Congressmen Frank LoBiondo of New Jersey Andy Harris of Maryland and Lee Zeldin of New York. PVA is now concentrating its efforts on persuading the U.S. Senate of the need for the legislation and the importance of acting speedily prior to the February 2016 deadline in current law. To learn how you can help this effort please contact PVAs Legislative Director Ed Welch at 1-800-807-8360 ext. 27 or ewelch n june 2015 FOGHORN 23 By Jen Wilk Director Public Affairs and Development HOw pVa bENEFiTs you PVA Working For You Security Issues Update 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 R ecently PVAs Regulatory Affairs Consultant Peter Lauridsen and I attended the U.S. Coast Guards Alternative Security Plan User Group meeting in Washington D.C. This event featured experts from Coast Guard Transportation Security Administration TSA and industry groups. The industry organizations represented are those that have a segment-specific and Coast Guard- approved Alternative Security Plan. PVAs ongoing participation in this group is important because it gives you a seat at the table when talking about national maritime security policy. PVA is your voice when it comes to proposed rules policy changes and the issues that impact security. Coast Guard utilizes this group somewhat like an unof- ficial advisory board a composite of the nations major stakeholders in maritime security and an opportunity for dialogue on current issues. Coast Guard Admiral Paul Thomas welcomed the attendees and discussed headquarters priorities for security policy. He also mentioned the value and credibility of this dedicated stakeholder group. Admiral Thomas asked industry about their concerns and areas of emphasis on security issues looking forward. He spent con- siderable time listening and address- ing these areas. Coast Guard Captain Drew Tucci briefed the group on cyber security. He suggested the final rule would likely be released later in the summer and will focus on high-level frame- works for managing risk similar to what is already suggested by the Department of Homeland Securitys National Institute of Standards and Technology NIST and the U.S. Computer Emergency Readiness Team CERT www.nist.govcyber- framework. These will also assist in conducting vulnerability assessments 24 june 2015 FOGHORN how pva benefits you Expert Boat Builders Steel Aluminum Construction 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 and developing best practices. Additionally LCDR Josh Rose provided guidance on identifying risks and controls when utilizing social media networks. This is notewor- thy as many PVA member companies use social media platforms like Facebook and Twitter as promotional tools. The guidance document is available through the U.S. CERT website socializing-securely-using-social-networking-services Tom Hathaway from Transportation Security Administration TSA provided a Transportation Worker Identification Credential TWIC update. He reminded attendees that starting July 1 there will be new enroll- ment requirements. Applicants who were born in the United States and who claim U.S. citizenship will need to provide documentation to prove their citizenship and this list of acceptable documentation has been altered to include more options andor new combinations of options to meet this requirement. PVA has provided a more detailed explanation in the June 12 and January 9 2015 Member Update e-newsletters. He indicated that TSA is making this change to align TWIC proof-of-citizenship requirements with those of other TSA programs. PVA also was briefed on pending regulatory projects. A revision of the Maritime Transportation Security Act regulations commonly referred to as MTSA continues to be developed but it is unlikely to include any major revisions to the ASP program. Additionally proposed rules on seafarer shore access and cruise ship terminals have both been reopened for public comment. PVA submitted written comments on these proposals during the original comment period speaking out to limit the scope of these rules to avoid in- advertently impacting the passenger vessel community with inappropriate regulations. Regarding the TWIC Reader Rule the Coast Guard reported that the final rule is awaiting approval from TSA and then will move forward for additional agency approval with a likely release at the end of 2015. Also at the meeting PVA voiced concerns about several recent instances of Coast Guard at the local level with questions and concerns when it comes to inspect- ing an ASP vessel or facility. Headquarters security office personnel assured PVA that they would send guidance out to the field highlighting the importance of the ASP and how it is to be inspected. ASPs are not required to mirror regulation but to meet security requirements. PVAs ASP is important because it allows members to implement a security program that is pre-approved saving you time and money on individual plan develop- ment and approval. PVAs program allows you to assess your operations vulnerabilities and tailor your security processes and procedures to address the specific needs of your operation. If youd like to learn more about using the PVA ASP feel free to contact me at 1-800-807-8360 ext. 24 or n june 2015 FOGHORN 25 1 920.686.5117 burgerboat.comcommercial Burger is recognized worldwide for quality custom vessels that provide years of dependable service. Quality Commercial Vessels... Built by Burger to Your Requirements Aluminum and Steel Fabrication Passenger Vessels Research Vessels Fast Crew Boats Fast Supply Boats Wind Farm Support Vessels Fishing Vessels Other Vessels to 260 80m RV ARCTICUS Delivered October 2014 CHICAGOS CLASSIC LADY Delivered May 2014 LUCIA Currently Under Construction 89 27m Steel Passenger Vessel Proudly built in the USA safety recognition L ast Halloween passengers aboard the Washington State Ferries WSF Issaquah got an unexpected fright when a fellow passenger jumped into the cold waters of Puget Sound near Vashon Island WA. Fortunately for the man his leap into the Sound was immediately noticed by a member of the crew Roni Kittleson who notified the pilothouse of the situation. Captain Randy Eckler and several crewmem- bers quickly but calmly and efficiently reacted to the emergency. Captain Eckler sounded the man overboard alarm and changed the ferrys course for a rescue boat to be launched to retrieve the fallen passenger. WSF personnel Chief Mate Vu Schroeder Max Korvell Jr. and Kittleson launched the rescue boat with Korvell keeping visual contact on the man in the water. Upon successfully pulling the man to safety first aid was ad- ministered by the crew before first responders were on scene to take the man to a hospital for evaluation. As the man overboard incident occurred shortly before docking at Vashon Island many passengers were preparing to disembark. Therefore the rescue was witnessed by a large number of ferry passengers aboard the Issaquah. By sheer coincidence a Seattle news radio personality on the ferry at the time of the incident who reported on it saying The ferry crew was amazing the way they sprang into action. They had that guy out of there within two minutes and the ferry stopped and had to reverse engines while they pulled him outIt was pretty dramatic to see how quick they were able to get that guy out. TheAssistant Chief of Vashon Island Fire and Rescue later said The ferry workers did their job very well and did a rescue. All of the WSF personnel involved in the rescue were honored with the Life RingAward WSFs public service award issued to staff when action is taken that clearly contributes to saving an individual or multiple lives. n Washington State Ferries Crew Save Man on Halloween 26 june 2015 FOGHORN By Eric Christensen Director of Regulatory Affairs and Risk Management safety Security MATTERS Quality Partnership Two New Working Groups Chartered A t the April 30 2015 Quality P a r t n e r s h i p m e e t i n g between senior PVA and U.S. Coast Guard leadership in Alexandria VA two new working groups were chartered to address issues of mutual concern to both PVA and the Coast Guard. Established in 1996 under the Coast Guards Prevention through People initiative the Quality Partnership brings together PVA senior leadership as well as technical experts with senior leadership within the Coast Guards Prevention think marine safety and waterways man- agement Directorate to frankly and openly discuss areas of mutual interest and concern. Partnerships seek non-regulatory solutions to problems identified by the group at semiannual meetings. The partner- ship has tackled numerous issues over the past 19 years related to marine safety security and envi- ronmental protection. Successes stemming from the partner- ship include the PVA Risk Guide Maritime Transportation Security Act MTSA Alternate Security Program manning on high-speed craft amphibious vessel inspec- tion and maintenance increased PVA participation in the Coast Guards Industry Training Program and access to the marine inspector training course in Yorktown. Current ongoing projects of the partnership include transient fire loads NVIC 9-97 Change 1 and safety manage- ment systems FLAGSHIP. The access afforded by the part- nership has helped PVA members and staff address countless other compliance issues quickly and effi- ciently. Slips Trips and Falls PVA and the Coast Guard are committed to increasing the level of safety in the operation of domestic passenger vessels. Slips trips and falls account for over 50 percent of the reportable marine casualties on board domestic passenger vessels. We know many more incidents occur that are below the reportable threshold. PVA and the Coast Guard seek to identify the causes of slips trips and falls and determine appro- priate measures both technical and from a human factors standpoint to reduce the number and severity of incidents. The working group is tasked through the charter to produce the following A White Paper on the current state of the industry casualties near misses and the impact slips trips and falls has on the industry from a cost and lost time standpoint A guide that discusses mitigation strategies and Recommendations to the Coast PVA President Dave Anderson signs SlipsTrips and Falls Working Group Charter at the Quality Partnership Meeting on April 30 2015 while CAPTJon Burton Coast Guard Director of Inspections and Compliance looks on. june 2015 FOGHORN 27 saFETy sEcuRiTy MATTERS Competitive Prices Greater Comfort High Quality Shorter Lead Times Better After Market Service New Products Always in Development Complete In-House Testing Facility Family Owned Since 1892 Sales Offices Throughout North America and of course.... HSC CODE ANNEX 10 ISO 90012008 MADE IN THE USAFreedman GO Seat with Life Vest storage 800 443-4540 Backed by 120 years of exceptional customer service and innovative seating solutions. Guard and the Passenger Vessel Association on how to reduce incidents. In order to produce the above de- liverables the group will carry out the following tasks over the next 18 months Conduct a comprehensive review and evaluation of three years of Coast Guard casualty data 2012 2014 specifically focused on slips trips and falls Solicit data from other sources i n c l u d i n g t h e M a r i t i m e Administration and maritime insurance groups for the same three year time period and conduct a comprehensive review and assessment of the data Review the existing PVADVD and manual on preventing slips trips and falls Determine the need for surveys or additional information gathering from vessel operators specific to the impact of slips trips and falls on domestic passenger vessels and Execute surveys as needed. Leading this effort for PVA is Captain Bob Lawler with Entertainment Cruises in Boston MA. Captains Bob Bijur Island Queen Cruises Miami FL John C. Cronin North Ferry Company Shelter Island NY and Jeff Whitaker Hudson River Cruises Kingston NY round out the PVA team. The consequences of slips trips and falls are not limited to the domestic passenger vessel industry. Shore-based facilities such as hospitals and restaurants also expe- rience injuries resulting from slips trips and falls. The National Institute of Occupational Safety and Health NIOSH has done extensive work in this area and is working with the Coast Guard and PVA in this effort. Small Passenger Vessel Automation This Charter establishes a working group to update inspec- tion and plan review guidance for Coast Guard field units and the Coast Guards Marine Safety Center regarding small passenger vessel electronic propulsion control systems required versus discretion- ary testing of machinery alarms if installed and testing of required alarms and trips on prime movers with Electronic Control Modules ECMs for engine management. Lacking guidance which distin- guishes these different levels of plan review and inspection oversight has led to confusion between vessel owners and the Coast Guard. The Coast Guard solicited input from industry to develop practical and effective guidance and protocols to deal with automated and electroni- cally controlled technology now more commonly applied to small passenger vessels as well as other domestic passenger vessels. While For the best in custom Marinas Gangways Floating Structures Bridges Security Gates Catwalks Web Email Tel 800.332.3625 28 june 2015 FOGHORN 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 Formally Virtual Ticketer No Risk Free Trial Tim Eversole Director of Sales and Support Tel 504 840-9800 X 113 Toll Free 877 265-3521 X 113 Cell 859 652-9885 YOUR COMPLETE TICKETING SOLUTION. Michael Brydon Director of Sales and Support Tel 504 840-9800 X 101 Toll Free 877 265-3521 X 101 Cell 504 914-7334 Gordon Stevens President CEO New Orleans Steamboat Company Gray Line Tours We have been using the Virtual Ticketer for six years and have been extremely pleased with the product software and service. We give this reservation system our very highest recommendation. ................................................................................................. Hugh Mackenzie General Manager Kingston 1000 Islands Cruises and Trolley The advantage with Ticketer is that its client based. This allows us to provide a customer multiple events packages or services all under one reservation which has contributed to our success. ......................................................................................... Rose M. Christian Treasurer Native Son Ferry The Virtual Ticketer has increased our revenues with new sales capabilities and has helped us better manage our company by streamlining our operations. 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 Formally Virtual Ticketer No Risk Free Trial Tim Eversole Director of Sales and Support Tel 504 840-9800 X 113 Toll Free 877 265-3521 X 113 Cell 859 652-9885 YOUR COMPLETE TICKETING SOLUTION. saFETy sEcuRiTy MATTERS the input was valuable PVA and the Coast Guard through the Quality Partnership determined that a small focused group could be effective in evaluating the input and developing solutions. The working group will address the following issues which are relevant to automated systems including but not limited to propul- sion and power generation System design and plan review considerations for electronic propulsion control systems on Subchapter T and K vessels Installation verification protocols for electronic propulsion control systems on Subchapter T and K vessels Inspection frequency and protocol to routinely verify functionality of electronic propulsion controls on Subchapter T and K vessels Guidance on discretionary testing of machinery alarms if installed on Subchapter T and K vessels and Plan review and bench testing protocols associated with Subchapter J compliant prime movers using ECMs with respect to over-speed and low lube oil alarms and trips. Over the next year the working group will review existing guidance and provide recommendations on plan review and inspection protocols for automated systems aboard small passenger vessels. The goal will be to establish clear lanes of respon- sibility for owners manufacturers the Marine Safety Center and field inspection personnel when dealing with automated systems on small passenger vessels. The final deliver- able will focus on a draft policy letter additional guidance to Coast Guard field units andor an updated plan review guide for the Marine Safety Center personnel. Captain Mike McElroy with Wendella Boats Chicago IL is leading the PVA effort on the working group. He is supported by Carl Micu John Deere Power Systems Waterloo IA who chairs the PVA Associate Member Council and Captain Rich Goben Hornblower Cruises and Events in San Diego. For both working groups the Coast Guard is bringing in signifi- cant resources from headquarters the Marine Safety Center field units and Centers of Expertise to ensure a productive and collaborative effort in the true spirit of partnership. n june 2015 FOGHORN 29 MEMbERNEwS 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. 906.863.5553 Photo courtesy of Blount Boats Inc. A_RW01-0115-FogHorn-Ad-Blount-Boats-Final.indd 1 1815 316 PM ALL OTHER FERRIES ARE MISSING ONE VERY IMPORTANT PART. OUR NAME. Alternative Marine Technologies Stamford CT Mr. Robert Kunkel Vessel Member Member American Sailing Tours Marlton NJ Mr. Tom Kirwan Vessel Member Five Stars Yacht San Rafael CA Mr. John Scopazzi Vessel Member Boats and Harbors John Donnelly Passes Away John Henry Donnelly 79 passed away on May 28 2015. John was a partner at PVA Associate member Boats and Harbors Crossville TN. Boats and Harbors has a circula- tion above 60000 readers and hundreds of classified and display ads for commercial mariners. John is survived by his wife of 49 years Mildred Evans Donnelly. An Army veteran Johns passion was airplanes and flying and he frequently piloted vintage aircraft in air shows. n Hudson Rib Concepts Jersey City NJ Mr. Otto Oosterwijk Vessel Member Marine Learning Systems Vancouver BC Mr. Peter Frankel Associate Member Captain Memos Pirate Adventures Clearwater Beach FL Ms. Pamela Wozencraft Vessel Member PVA WelcOmeS neW memberS 30 june 2015 FOGHORN advertisersindex LETTER FROM THE executive director Continued from page 5 membernews All American Marine. . . . . . . . . . . . . . . . . . . 10 Aon Risk Management. . . . . . . . . . . . . . . . . . 19 Blount Boats Inc . . . . . . . . . . . . . . . . . . . . . 20 Burger Boat Company. . . . . . . . . . . . . . . . . . 25 Carus AB Ltd . . . . . . . . . . . . . . . . . . . . . . . . 11 Caterpillar Marine. . . . . . . . . . . . . . . . . . . . 15 Centa Corporation . . . . . . . . . . . . . . . . . . . . 20 Dejong and Lebet. . . . . . . . . . . . . . . . . . . . . 18 Expeditions Maui LanaI Ferry. . . . . . . . . . . . . 24 Freedman Seating Company . . . . . . . . . . . . . 27 Furuno USA Inc.. . . . . . . . . . . . . . . . . . . . . . . 9 Gladding-Hearn Shipbuilding. . . . . . . . . . . . . 29 GPLINK LLC. . . . . . . . . . . . . . . . . . . . . . . . . 22 Hamilton Jet. . . . . . . . . . . . . . . . . . . . . . . . . 12 Incat Crowther Pty Ltd. . . . . . . . . . . . . . . . . . 10 John Deere Power Systems. . . . . . . . . . . . . . . . 8 Kobelt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Marine Group Boat Works. . . . . . . . . . . . . . . 21 MCM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Metal Shark Aluminum Boats . . . . . . . . . . . . . 30 Motor Services Hugo Stamp. . . . . . . . . . . . . . 32 MTU. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Nichols Bros.. . . . . . . . . . . . . . . . . . . . . . . . 24 Port SupplyWest Marine. . . . . . . . . . . . . . . . 13 RW Fernstrum Co. . . . . . . . . . . . . . . . . . . . . 29 Scania USA. . . . . . . . . . . . . . . . . . . . . . . . . . 2 Springfield Group. . . . . . . . . . . . . . . . . . . . . . 8 Starboard Suite. . . . . . . . . . . . . . . . . . . . . . . 16 Timco Marine Equipment. . . . . . . . . . . . . . . . 22 Topper Industries Inc.. . . . . . . . . . . . . . . . . . 27 Twin Disc Inc. . . . . . . . . . . . . . . . . . . . . . . . . 7 UES Seating. . . . . . . . . . . . . . . . . . . . . . . . . 17 Virtual Ticketing Solutions. . . . . . . . . . . . . . . . 28 VT Halter Marine . . . . . . . . . . . . . . . . . . . . . . 9 WheelHouse Technologies Inc. . . . . . . . . . . . . 6 Zerve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 benefits of membership in PVA to awaiting companies. PVA added 45 new member companies to its ranks in 2014 and has raised the goal to 50 for 2015. While we are very optimistic that we will hit and even exceed our goal for this year we still need your help. If you are aware of a company or companies who would benefit from PVA membership please let me know and our staff will contact them immediately. After all there is truly strength in numbers We look forward to continuing successes in areas of importance to you and pledge to work hard to ably represent your interests. In the meantime please let me know if we can be of any assistance to you. Sincerely John R. Groundwater Executive Director n PVA member calender January 22-25 2016 PVA Annual Convention at MariTrends 2016 Hyatt Regency Crystal City Washington DC For more information go to During PVAs Annual Congressional Fly-In on April 28 22 participants traveling from as far away as Alaska visited Capitol Hill to lobby Members of Congress and their staffs on issues such as survival craft requirements. Here PVA Member Louis Skrmetta of Ship Island Excursions Gulfport MS meets with Mississippi Senator Thad Cochran chairman of the powerful Appropriations Committee. Photo courtesy of Ralph Diehl. Partnering for success. Your business is our business. Motor-Services Hugo Stamp Inc. Authorized Distributor and Service Center EPA 3 Configuration Displacement Weight lbs Medium Duty P3 Heavy Duty P2 Heavy Duty P2 Continuous Duty P1 12M26.3 12 cyl 31.8 liters 7496 1650mhp 2300rpm 1500mhp 2200rpm 1400mhp 2100rpm 1200mhp 1800rpm 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 MOTOR-SERVICES HUGO STAMP INC. MSHS is proud to present the Baudouin 12M26.3 and 6M26.3 marine diesel engines to the North American market. Both engines are EPA Tier 3 compliant. The 12M26.3 offers commercially up to 1650mhp 2300rpm and the 6M26.3 up to 815mhp 2100rpm. Baudouin only manufacturers marine engines and with over 100 years of experience their engines feature modern common rail Bosch injection systems individual cylinder heads crank case access doors to ease engine serviceability as well as having a compact and light design. For more information about Baudouin engines call 800-622-6747 or email or visit Baudouin 12M26.3 Baudouin 6M26.3Baudouin 6M26.3