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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 august 2015 FOGHORN 3 Volume 14 Number 7 AUGUST 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 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 Offices Publisher Peter Philips Advertising Sales Bill Forslund bill 2201 West Commodore Way Seattle WA 98199 tel 206 284-8285 fax 206 284-0391 Safety About the Cover Uncle Sam Boat Tours Alexandria Bay NY operating on the St. Lawrence River in the Thousand Islands was recently commended for its crews life- saving actions. Story page 16. Columns 4 Presidents Letter 5 Executive Directors Letter 13 PVA Calendar 16 Water Rescue 18 Regulatory Report 22 Legislative Report 24 How PVA Benefits You 26 Safety Security Matters 29 New Members 33 Member News 36 Newswire 38 Advertisers Index 6 A View to a Drill Kevin Maehler takes us on a walk through the middle of the largest riverine Mass Rescue Exercise in recent memory and what it all can mean for your passenger vessel business. 11 The DP A Critical Link for Managing Safety Dione Lee explains the role the designated person plays in an organization and answers what you need to know about this critical position. 14 A Journey in Safety Bob Shaw has spent decades perfecting the environment required to have a culture of safety in passenger vessel operations. Discover his secrets to success. 30 DOL Issues Guidance on Distinguishing Employees from Independent Contractors Steven Bers explains the newest Department of Labors distinction between an employee and a contractor and why vessel operators need to know the difference. 4 august 2015 FOGHORN Relationships with USCG Inspectors As a PVA member owning or operating a United States Coast Guard-inspected vessel we undergo annual safety inspections and out-of-water drydock examinations. These inspections can be seamless with positive interactions between you and your inspec- tion staff. However sometimes there can be a negative interaction. As inspectors come and go the need to educate the new inspection staff to your operation is critical. Educating your Coast Guard marine inspection staff on a continuing basis is vital to your operation. Coast Guard inspectors matriculate through a vigorous training program before hitting the field as a marine inspector. Inspectors attend training prior to actually being placed in the field. The United States Coast Guards training facility for marine inspections is located in Yorktown VA. Their mission is to train the finest the Coast Guard personnel they have to offer. Each year thousands of Coast Guard personnel including active duty members reservists civilians and auxiliarists work to master the latest techniques and applications of the modern Coast Guard. Training CenterYorktown also offers basic and advanced courses to personnel from the other armed services state and federal agencies and allied nations throughout the world. Training Center Yorktown proudly upholds the Coast Guards motto Semper Paratus graduating students always ready to meet todays challenges. The Coast Guard Marine Inspection and Investigation School is responsible for entry and advanced level training for all officers petty officers and civilian personnel assigned as Marine Inspectors Port State Control Examiners Uninspected Fishing Vessel Examiners Uninspected Towing Vessel examiners Small Passenger Vessel Plan Review Officers Marine Casualty Investigators and Mariner License Suspension and Revocations prosecutors. One way that PVA aids and assists the marine in- spection staff is having several of our vessel members attend a day in Yorktown at the Coast Guards Marine Inspection Class also referred to as MIC. This provides PVAmembers an opportunity to interact with a class of incoming inspectors. A typical class can have approxi- mately 30 training inspectors. So what is the importance of attending the Marine Inspection Class as a vessel operator It provides an opportunity to offer our perspective and concerns to Coast Guard inspection personnel about the inspec- tion process in order to humanize the interaction as opposed to the Coast Guard conducting their exami- nation with only their CG-840-inspection books and no consideration for the impact on the operator. At the marine inspection class PVA attendees are also given the opportunity to describe how they have gotten involved in the passenger vessel industry describe their operations and discuss their concerns about the inspection process in regard to their operations. I have been a participant at MIC for about 10 years. I welcome this opportunity to share my concerns with the incoming inspection staff attending the class. Since my involvement I have encountered numerous Coast Guard personnel throughout the country as a direct result of my attendance at MIC who have seen my presentations at the training facility and the responses have all been encouraging yielding positive results and improved communication. To share a personal experience the supervisor at the Marine Safety Field Office heard my presentation at a MIC we both attended. When he arrived at our sector he phoned me expressing his interest to take me up on my invitation to visit our operation. My response was the door is wide open to you and your staff at any time. Upon his visit to our operation he said Your pre- sentation does not do your operation justice now that I have had this opportunity to visit it firsthand. He was extremely impressed and unaware of the resources we have available to accommodate and facilitate any situation. Encouraging good relationships with your inspec- tion staff is vital to both you and the Coast Guard. Establishing a good avenue of communications yields good results. Meet and greet your inspection staff exchange contact information and invite them to your operation. Having your inspection staff know your operation firsthand is as equally important as your knowledge of your own operation. Taking advantage of participating in the Marine Inspection Class is highly recommended and encour- aged. If you have an interest in participating please contact PVAs Regulatory Affairs Consultant Pete Lauridsen or myself. Contact information is available at Respectfully Dave Anderson President n LETTER FROM THE PRESIDENT Dave Anderson august 2015 FOGHORN 5 letter from the president Continued on page 38 LETTER FROM THE executive director John Groundwater Continuous Improvement in Passenger Vessel Safety When it comes to safety PVA member companies and their vessels are the safest in the world. Coast Guard safety statistics consistently bear this out and Coast Guard leaders time and again praise passenger vessel operators for their commitment to safety and for protecting the well-being of passengers and crew. Yet achieving such a stellar record doesnt just happen. It is the product of far-reaching experience and professionalism constant attention to detail and just plain hard work. And when accidents do occur there must also be a willingness to examine root causes and implement appro- priate process changes to con- tinuously improve. PVA FLAGSHIP Program Making Headway T h e P VA F L A G S H I P program which is a voluntary safety management system is a great example of how PVA and its members are working to promote on-going improve- ment of safety practices within the passenger vessel industry. Great headway is being made as PVA member beta testers implement FLAGSHIP and report back on their accomplishments and their recommendations for improvements. Concurrently new PVA member companies are being added regularly to the ranks of FLAGSHIP beta testers. As many of you know PVAs Safety Committee has historically emphasized the importance of establishing strong safety programs and as a result has developed and produced a variety of effective training tools for use by PVA members. While these tools have proven to be effective the committee also looks to the future to develop and launch new products and programs that will allow PVA members to take their safety practices to the next level. PVAs FLAGSHIP program is a prime example of the vision for broadening passenger vessel industry safety. PVACoast Guard Working Group on Slips Trips and Falls Another good example of PVAs vision for safety is its participation in a new PVACoast Guard working group to examine slips trips and falls aboard passenger vessels. PVA President Dave Anderson recently signed this charter with the Coast Guard setting in motion a cooperative effort between industry and government to identify the roots causes of slips trips and falls aboard domestic passenger vessels. Underscoring the passenger vessel industrys dedication to continuous im- provement in the safety and risk manage- ment arenas the work group will analyze accident data to determine trends and define economic and lost time impacts. The group will work to identify the root causes of these types of accidents with the goal of developing non-regulatory guidelines for industry use. Future recom- mendations to mitigate slips trips and falls will also assist in reducing insurance claims. Because shore side busi- nesses experience similar challenges with slips trip and falls the working group will also take a broader look at best practices from outside the maritime environment by examining research done by the National Institute of Occupational Safety and Health NIOSH for service industries such as hospitals and restaurants. The creation of this chartered working group was facilitated through the associations bi-annual Quality Partnership meetings where PVA leaders meet with senior Coast Guard leadership to seek non-regulatory solutions to issues of concern. 2692 NVIC Released by the Coast Guard We are also pleased to report that the Coast Guard has released its new guidance on marine casualty reporting in the Navigation and Vessel Inspection Circular NVIC 01-15 Marine Casualty Reporting Procedures Guide with Associated Standard Interpretations. PVAs advocacy efforts were an integral factor leading to the release of this guidance. This NVIC is the result of quite a few years of work on improving a reporting system that PVA and its members felt that was not functioning consistently in all ports and in many cases proved to be confusing and even injurious to passenger vessel operations. The 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. 6 august 2015 FOGHORN FOGHORNFOCUS safety Lots to See On a crystal clear day last April I stood with PVAs Eric Christensen at a crowded Memphis riverfront boat ramp watching scores of brightly painted wooden 4X4s being pulled from the six-knot Mississippi river current and delivered ashore as part of a riverine mass rescue exercise or if youre old-school a mass rescue drill. Our trek to the ramp had been quite an experience. We had started at the far end of the exercise site with a personal welcome and orientation from the Exercise Director Phil Boruszewski of the local Coast Guard Sector office. Eric and I then separately headed for the boat ramp walking right through the heart of the action along a quarter-mile pe- destrian corridor flanked by mobile command post RVs fire apparatus police cruisers Coast Guard personnel news crews and reporters food service trucks amphibi- ous tracked vehicles medical triage personnel prepped and idling ambulance buses and the purposeful activity of some 500 first responders volunteers and observers. The clatter and commotion during the five minute walk to the ramp left me a little overwhelmed and disorient- ed. Those sensations quickly faded though as I became increasingly focused on the growing heaps of freshly rescued 4X4s at the boat ramp each dripping wet wooden piece wearing the name of a passenger or crew member from the simulated sinking of an underway small passenger vessel. I caught up with Eric there at the ramp and as we stood watching the activity our conver- sation repeatedly trailed off into the sentence snippets you get when folks need a moment to perceive and process. The Rescue Scene The exercise was unfolding exactly as Phil and the exercise design team of local emergency managers had intended an instant-on response scene with virtually all A View to a Drill By Kevin Maehler Passenger Vessel Safety Specialist U.S. Coast Guard 65 participating agencies right down to the Salvation Army food service truck prestaged up and running and carefully arranged over the several acres of tarmac adjacent to the boat ramp. This approach was purposefully chosen to focus the exercise into a half-day event that spotlighted water- borne search and rescue and the initial medical treatment of passengers recovered from the river. There is much more to a mass rescue operation but those additional aspects would have to wait for a future exercise. Within the tarmac area things proceeded apace with activities and people cascading from one process to the next. Some of the wooden pieces pulled from the river were being replaced one-for-one by real-life volunteers drawn from a group of 230 role players who were wearing moulage mock injuries. Paramedics triaged and stabilized each injury as though it were real and the role players were ultimate- ly transported to one of 16 separate hospitals across a two-state area DeSoto County MS is a short Interstate drive from downtown Memphis. Other 4X4s were assigned a less fortunate outcome and were immediately given into the secure custody of Memphis PD and the Coroner. The exercise had settled into a controlled rhythm and was nearing the end of its scripted events list. Memphis Fire Department members confer during the mass rescue exercise. Fast and Smooth Quickshift Technology Expansive Global Service Network Complete Propulsion Systems Unparalleled Reliability WE PUT HORSEPOWER TO WORK Operate with confidence 8 august 2015 FOGHORN FOGHORNFOCUS safety On the river the search and rescue assets began milling about having done a phenom- enal job recovering 300 simulated persons in the water in one hour and 43 minutes and just a short way downriver PVA member Captain William Lozier Memphis Riverboats Memphis TN turned Memphis Queen III back toward the dock after voluntarily serving in the exercise as an underway safety observer and picket vessel. But Wait Theres More At least two aspects lie outside the scope of the Memphis exercise and have the potential to heavily impact a passenger vessel involved in a mass rescue operation. The first is media attention and reportage. Just as the initial surge of rescue passenger accountability and triage begin to resolve your mobile phone may start buzzing. Its the media. Reporters 2005 Hurricane Katrina Facebook brand new no Twi7er no Smart Phones. 2007 California Wildres Best real-Fme info on res comes from residents reporFng via smart phone cameras. 2010 Deepwater Horizon 24 X 7 Spillcam 12 live video feeds to www of open well head 5000 R below Gulfs surface. 2012 Superstorm Sandy 400000 downloads of Red Cross smart phone app links survivors to help from local civil authoriFes. 2014 Korean Ferry Sinking Cel-call from student on sinking ferry reported to be one of rst noFcaFons to authoriFes. 2015 Yangtze Cruise Ship Sinking www appears to capture ill-fated cruise ships GPS track and more cauFous track of nearby vessel. Smart Phones www Social Media in Large-scale Disasters Left Smart Phones www Social Media in Large-scale Disasters. 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 august 2015 FOGHORN 9 FOGHORNFOCUS safety 26 MAY 2013 FOGHORN 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- the lowest level possible. 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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 authority an ackno work you command hindrance the adopt Enhanced many Sec commen entities o included and pers their busin case in yo While are relat addressed support ed and a marine sa hundred These new need to be administr to missio then teste senior off probably Like a missions quiremen tion befor tasks. The that traini is not nece goal for m ficiency. In is not onl and polic using the exercise e and altern propriate the opera of comma by the ins pervisory Next Years PVA Annual Convention at MariTrends 2016 January 23-26 2016 in Washington DC Photo Michael Kleinberg 2016 are following-up on police scanner traffic and postings to social media websites see graphic Smart Phones www Social Media in Large-scale Disasters or perhaps theyve gotten a mobile phone call directly from passengers as the incident was unfolding. Is there going to be a press conference Where are the captain and crew and when may we interview them Did you know the anniversary of this or that river tragedy is tomorrow Do you have a central phone number or website for information on this incident Mercifully the second aspect is much more heartening but still presents a challenge. Most of your passengers have been released by local emergency rooms but they have only whatever dry clothing the hospital can spare. They are without walletpurse credit cards mobile phone luggage transportation and hotel arrangements. They contact you or your company asking for as- The author with one of the wooden 4X4s prepped and ready for use in the mass rescue exercise. 10 august 2015 FOGHORN FOGHORNFOCUS safety About the Author Kevin Maehler Passenger Vessel Safety Specialist is a retired Coast Guard Marine Inspector and Investigator and currently serves as a civilian employee of the Eighth Coast Guard District Office in New Orleans Louisiana. He welcomes your questions and comments to email address sistance. As you think through what to do you catch a short segment of the local news its a force-fit storyline tying your vessels incident to some 19th-century steamboat calamity. You could use some help. Unity of Effort The most impressive charac- teristic on display at the Memphis exercise was how easily subject matter experts and resources flowed across departmental and jurisdic- tional borders in service to the mass rescue exercise. The technical term for this level of collaboration is Unity of Effort and it produced an emergency mass rescue response that stayed continuously relevant to the event despite the twists that always crop up in both exercises and actual incidents. Suggested Reading The Lessons of ValuJet 592 By William Langewiesch The Atlantic March 1998 www.theatlantic.commagazinearchive199803the-lessons-of-valujet-592306534 Very dated but a gem. A crisp opinionated and thought provoking examination of a disaster involving a federally regulated industry nearly every page column has a highlighter-worthy phrase concept or idea. Leading Through a Major Crisis Interview of ADM Thad Allen USCG Ret. By Scott Berinato Harvard Business Review November 2011 httpshbr.org201011you-have-to-lead-from-everywhere Interview of the 23rd Commandant of the Coast Guard regarding his experiences in national level incident response leadership. Pithy and accessible explanations and insights. The Game Changer By Juliette Kayyem The Boston Globe April 24 2011 Op-ed by Juliette Kayyem former Assistant Secretary for Intergovernmental Affairs at DHS her observations and opinions on the influence of politics upon the Deepwater Horizon response. 77 Questions Commonly Asked by Journalists during a Crisis By Dr. Vincent Covello httpswww.dshs.state.tx.usriskcommdocuments77_Questions.pdf Great item to keep in a go-bag. Dont get overwhelmed by the 77 question count Dr. Cov- ello opens his document by reminding us that reporters generally pursue just three themes What happened What caused it and What does it mean 10 Mass Rescue Operation Realities By George Rob Lee and Rick Janelle Coast Guard Proceedings Fall 2011 httpwww.uscg.milproceedingsarchive2011Vol68_No3_Fall2011.pdf Nuts-and-bolts advice from two Coast Guard Passenger Vessel Safety Specialists on running a maritime Mass Rescue Operation. 1000 Lives May Be Lost in Burning of the Excursion Boat Gen. Slocum The New York Times June 16 1904 httpwww.nytimes.comlearninggeneralonthisdaybig0615.htmlarticle The original front page article from the New York Times on the day following the disaster. Sharing expertise and resources between partners of a local cooperat- ing emergency management team is a great way to augment the organi- zational capabilities of your business in a time of crisis. For instance a spokesman from the fire service may stand before the media on behalf of the entire emergency manage- ment effort and displaced pas- sengers may be attended to ashore through a continuum of care protocol prearranged among emergency management team members. In Memphis this means membership in the local Area Maritime Security Committee cochaired by Mr. Randy Richardson Executive Director of the International Port of Memphis and Coast Guard Captain Tim Wendt Commanding Officer of Sector Lower Mississippi River. To participate in a mass rescue exercise start by contacting either the Planning Department at your own local Coast Guard Sector Office or the Coast Guard Passenger Vessel Safety Specialist at a Coast Guard District Office search online using USCG Passenger Vessel Safety Program Contacts. The PVAs support and involvement in the Memphis mass rescue exercise garnered a great deal of local positive sentiment toward the Association as reflected in the following comment from Coast Guard Captain Tim Wendt PVA member participa- tion in exercises like this is critical to our shared understanding of how a real-world incident might play out. I greatly appreciate the work of the PVA and their membership in helping the inter-agency first re- sponders be better prepared. n Disclaimer The views presented in this article are those of the author and do not necessarily represent the views of the Department of Homeland Security any DHS component or the United States Coast Guard. august 2015 FOGHORN 11 FOGHORNFOCUS safety 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 What is a DP The DP Designated Person also referred to as the DPA Designated Person Ashore is the link between the vessel crew and shoreside man- agement a role that is designated by the highest level of authority ashore. He she is also the person who ensures the safe operation of each vessel. You may ask isnt the Captain responsible for the safe operation of each vessel Yes he is but the DP ensures the safe operation of each vessel ashore by being responsible for processing information that he receives from the Captain crew and other feedback mechanisms to ensure adequate resources and shore-based support are available for the Captain to safely do his job. For example it would be difficult for the Captain to be responsible for a vessel that is in- adequately manned or maintained. In addition to being the link or liaison the DP is a critical connector within a Safety Management System SMS. He is the communication hub for safety and pollution prevention information and helps to monitor and manage this information by sending it where it needs to go. Other DP responsibilities may include being tasked with measuring the companys safety and environmental perfor- mance and helping to identify trends through analysis of data. Depending on the size of the company the DPs role is almost always in addition to his specific job position and in some cases the DP role may be held by the President. There may also be multiple persons within a company assigned the role of DP depending on the company size and structure. The DP is not a stopgap of infor- The DP A Critical Link for Managing Safety By Dione Lee QSE Safety Solutions 12 august 2015 FOGHORN FOGHORNFOCUS safety mation the sole responsible person for your SMS or a reason to divert chain of command onboard the vessel or between the Captain and his or her direct supervisor. The DP serves a support function not a substitution for anothers authority within your SMS. He can be a sounding board if there is an issue that cant be easily or readily resolved. The DP should recommend resolution within the chain of command or perhaps recom- mendation to the appropriate depart- ment like Human Resources. The DP may work with operations directly andor in concert with the safety de- partment. How Will the DP Function within FLAGSHIP The DPs roles and responsibili- ties will be outlined in the upcoming PVA FLAGSHIP SMS and include elements described above. What are the Recommended Skill Sets andor Qualifications of a DP It is very important that the DP has operations and managerial expe- rience to understand the dynamics onboard the vessel and can advocate appropriately if needed on the vessel crews behalf. It is also extremely helpful if the DP has undergone safety management system training specifically geared to DPs covering at least the following topics Background and Understanding of a Safety Management System Mandatory Rules and Regulations as well as Codes Guidelines and Standards like FLAGSHIP Assessing Effectiveness and Investigation Techniques Effective Communication Skills Practices and Techniques Hazardous Occurrences and Situations Non-conformities Incidents and Near Miss Applying Lessons Learned Document Control Corrective and Preventive Action Items Internal Auditing M a s t e r s a n d M a n a g e m e n t Reviews Measurement Analysis and Improvement and Safety Leadership Qualities. What Support Tools are Available to Help DPs Perform their Duties The best tools a DP has to perform their duties well is senior management commitment and vessel crews. Unless it is a one-person operation it is impossible for the DP to be everywhere at all times over- seeing safety and pollution preven- tion. The most effective way for the DP to ensure the safe operation of each vessel is to empower others to support safety. Other tools to employ in addition to your internal team may include FLAGSHIP SMS coming soon Outside consulting documenta- tion administrative andor auditing services Solutions for tracking and About the Author Dione Lee is President of QSE Solutions and has been working with small medium and large companies within the maritime industry for over 25 years. Her companys specialty is providing support services to help with the implementation develop- ment and maintenance of management systems for successful outcome and continual improvement. Dione works closely with PVA to support the PVA FLAGSHIP SMS and provides Continual Improvement Workshops to Achieve Zero Incidents which includes Designated Person training. august 2015 FOGHORN 13 FOGHORNFOCUS safety PVA member calender September 30 - October 1 2015 Rivers Region Sales Meeting BB Riverboats Cincinnati OH October 19-21 2015 Great Lakes Region Meeting Best Western Lakefront Hotel Manitowoc WI October 28-30 2015 Western Region Meeting Hyatt Regency Mission Bay San Diego CA November 9-11 2015 Original ColoniesSoutheast Region Meeting The Westin Portland Harborview Portland ME January 23-26 2016 PVA Annual Convention at MariTrends 2016 Hyatt Regency Crystal City Washington DC For More Information go to Complete control and steering systems for vessels of all types and sizes. 1 604572-3935 Surrey BC Canada KOBELT MANUFACTURING CO.LTD. trending information this is tricky it is most important to not let an IT solution drive your safety management system but to choose a solution that supports your internal processing of information in order to streamline administrative work you want your SMS to work for you and not you work for it Newsletter or other regular communica- tion device The PVA staff and members to help answer questions provide support and guidance for example Foghorn Magazine Alternative Security Program Marine Crew Training Videos and Manuals Risk Management Tools Rail Jumper Policies and Drug Testing Program Guidance Green Waters Program and other great PVA support tools. n 14 august 2015 FOGHORN FOGHORNFOCUS safety A s a youngster I thought I was invincible and routinely took all kinds of risks who didnt. My daredevil adventures followed me to Marine Officer Infantry School where each days pyrotechnical displays rivaled the Fourth of July. However and most fortunately Vietnam-era officers and sergeants wasted no time pounding core safety principles into me and my fellow fraternity-broth- ers-turned-infantry-grunts offering my first lessons in importance of safety. These lessons carry weight today and continue to be starkly re- inforced by the real world. For a year I observed a general and his personal crusade for aviation safety. General Davis commanded 80000 Marines and sailors and was the sole aviator alive from his flight school class of 20 students. His obsession manifested itself in two actions 1 He started every meeting regardless of topic with the question what are we doing about aviation safety and 2 He required every squadron commander post-acci- dent to personally call him. These two tasks got everyones attention and rippled throughout the vast or- ganization scattered over two-thirds of the globe. General Davis a big believer in safety metrics devoted his personal leadership to the cause. And the Marine Corps after being in the aviation safety cellar compared to other military services thrived and wound up leading all four services in aviation safety the following year because of General Davis laser-focus. Upon entering the passenger vessel business I wish I could say that I immediately transferred General Davis aviation safety obsession to the maritime domain. A Journey in Safety By Bob Shaw Industry Consultant Instead my introduction to vessel safety came from a young Coast Guard officer who told me that the average person who steps onto a boat loses 50 I.Q. points and some people dont have that many to begin with. While humorous I cant say I got the real message which started with the concept of eternal vigilance. I remember once taking nearly 50 Spirit Cruise managers to Disneyworld to celebrate an awesome year. At the Disney Institute I debated with their trainer why Disney had a core value of safety. The young instructor parried with me for 10 minutes and did not back down. For Disney once people were safe they could focus on courtesy then the show and then to efficiency. I had a lot to learn. My excuse was that I was growing a dynamic --heck a great company that we believed was the best in the industry. But within 18 months I had three serious accidents including a passenger fatality that bought our organization and me to our knees. All were termed freak accidents and highly unlikely to occur. A trusted advisor Dave Dubois of Marine Safety Consultants gave me the Dutch uncle talk that safety was my responsibility and couldnt be delegated or blended among other priorities. I had to change. This was a brutal truth. Our industry grew up with the quest to make every cruise satisfy our guests. I was proud that in one year 10 dinner cruise ships operated 2500 cruises without missing one. But this can have the unintended conse- quences of underreporting incidents or making safety secondary a dangerous drift for a marine organi- august 2015 FOGHORN 15 FOGHORNFOCUS safety 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 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 zation. I had to start weekly meetings to review all safety incidents provide visual scorecards for all personnel incentivize continual improvement and hold my leaders accountable. We eventually managed to revolu- tionize the culture and make safety the top priority turning those tragic accidents into the foundation of a company so much stronger. General Davis taught me that you have to rigorously monitor all incidents and develop a metric for reporting that doesnt penalize for report only or near-miss situa- tions. Safety Management Systems SMS developed from International Standards will make a difference. Their power lies in the organization committing to what it says it will do and then measuring progress as compared to their plans. To be truly effective you need an outside auditor to verify and ask the tough questions. Alcatraz Cruises has led the way with OSHAS 18001 Occupation Health and Safety Assessment Series. HMS Global Maritime has a robust SMS for ferry operations developed by John Sainsbury president of their consulting division. PVA through its Safety and Security Committee and a dedicated group of beta testers continues to develop and hone FLAGSHIP a guide to implementing a voluntary SMS for domestic opera- tions. Information on FLAGSHIP can be provided by Eric Christensen of the PVA staff. The key to safety is closing the gap between what all organizations say and what actually happens. This sounds simple but is so challenging requiring grit focus and vigilance. I often hear organizations including a favorite client of mine espouse safety first as their core value. Personally I believe we have to look deeper as culture must come first. You cant have an effective safety program without the proper corporate culture and environment. A safe environment is a superb outcome of getting the culture right. As management guru Peter Drucker said culture eats strategy for lunch. Leaders are responsible for shaping such culture they must demonstrate that they care and hold their teams accountable so we all can move mountains. 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 16 august 2015 FOGHORN M ore than a year after taking life-saving action to rescue a person in distress from the chilly waters of the St. Lawrence River three members of Island Wanderer operated by Uncle Sam Boat Tours Alexandria Bay NY received commendations from the U.S. Coast Guard and New York legislators for the speedy rescue waterRescue New York Operations Crew Receive Prestigious Dobbins Award for Life-Saving Actions of a person in the river in upstate New York. Captain Carrie Jenne Greg Lyons and Molly Bashaw aboard Uncle Sams Island Wanderer rescued the victim a fisherman who fell from his canoe into the waters of the St. Lawrence River and nearly succumbed to hypothermia in April 2014. Fortunately within less than five minutes of the distress call being issued the man was pulled from the river near the Manhattan Group of islands in Alexandria Bay. The Island Wanderer was on its usual out and back route and passed the man fishing from the canoe said Bryan Gedbaw Operations Manager for Uncle Sam Boat Tours. On the return trip the crew noticed the canoe was tipped over and went closer to investigate because the water at that time of year was quite cold. Thats when they saw the man in the water and immediately went to his aid. ABOVE The crew of the Island Wanderer operated by Uncle Sam Boat Tours rescued a man who fell in the cold St. Lawrence River in April 2014. RIGHT Crewmembers receive the coveted Captain David B. Dobbins Award from the U.S. Coast Guard for their heroic life-saving actions. august 2015 FOGHORN 17 waterRescue According to news reports after the incident the man who was not wearing a personal flotation device PFD may have suffered hypother- mia as the St. Lawrence River tem- perature in Alexandria Bay was 39.4 degrees according to the National Weather Service. The Coast Guard responded to the incident but the victim had already been rescued by the crew of the sightseeing vessel. In addition to the Coast Guard Jefferson County rescue crews were called but because of the speed of the rescue their services were not required. On May 27 2015 all three mariners involved in the rescue were honored and received the Coast Guards prestigious Captain David D. Dobbins Award. The Dobbins Award is presented by the Coast Guard in recognition of outstanding action accomplished while conduct- ing a search and rescue mission on the Great Lakes. David P. Dobbins was appointed the first superinten- dent of the U.S. Lifesaving Service of the Great Lakes in 1876. He distin- guished himself by performing and organizing numerous heroic rescues during his career. In addition the mariners received recognition from New York legisla- tors Rep. Elise Stefanik U.S. House of Representatives and Addie Jenne Russell New York State Assembly. We are very proud of Captain Jenne Greg Lyons and Molly Bashaw and all our crew and feel certain that all would perform in the same manner in similar incidents due to our safety training said Ronald Thomson owner Uncle Sam Tour Boats. Uncle Sam Boat Tours is a long-time PVA member. For more than 85 years it has operated seasonal cruises that offer sightseeing lunch and dinner and private charters in the heart of the scenic Thousands Islands near the Canadian border. n Share Your Rescue Stories Every year passenger vessel operators assist people in distress using actions learned through drills and training. Share your stories with others. Send your photos commendations news reports and your own accounts of rescue situations to FOGHORN Managing Editor Karen Rainbolt at Please include your name vessel operation and contact information. 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. 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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. THE VIRTUAL TICKETER 18 august 2015 FOGHORN regulatoryReport By Peter Lauridsen PVA Regulatory Affairs Consultant T he Coast Guard has released its long-awaited Navigation and Vessel Inspection Circular NVIC 01-15 with the lengthy but descriptive title Title 46 Code of Federal Regulations CFR Part 4 Marine Casualty Reporting Procedures Guide with Associated Standard Interpretations. The circular consists of two parts the first includes the description of the purpose action background and discussion of Captain of the Port COTP and Officer in Charge Marine Inspection OCMI proce- dures and action phase. The second part is the attachment with the standard definitions. This document is the result of longstanding complaints made to the Coast Guard by industry indi- viduals and groups concerning the confusion over differing interpre- tations of reporting and inspection requirements of law and regulation by different Coast Guard authori- ties commands and even personnel within a command. This led in some extreme cases to holding the vessel for Coast Guard officials on site for validation of problem resolutions as minor as those for a leaking gasket or a tripped circuit breaker. A more frequent issue was the immediate submit a CG Form 2692 response to almost any report from a vessel. The resultant NVIC provides welcome advancement and additions in some areas and disappointment in others. Disappointments range from lack of hoped for change to change that in the opinion of industry goes to additional burden of compliance without benefit. There are several changes that directly address our past concerns. The NVIC in the COTP and Coast Guard Marine Incident Reporting Guidance 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 august 2015 FOGHORN 19 regulatoryReport ITS ALL ABOUTTHE FACTS Advanced and Robust Heath Gehrke Director of Ferry Operations at Cape May - Lewes Ferry defines Carus system as robust advanced and flexible - providing them with a wealth of information about their business and customers. Although we are in North America and the Carus support is provided from Europe they really understand our business and provide timely responses to our questions. 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 OCMI procedures section states that a marine casualty or accident is broadly defined to capture a wide variety of occurrences. The statutes and regulations provide the Coast Guard with authority and jurisdic- tion to investigate a wide range of occurrences irrespective of reporting requirements. In an attempt to insure accurate reporting and ap- propriate response the NVIC clearly directs all immediate reports to be made to a live entity not a personal cell phone or office phone voicemail box. Reports should be made to the Coast Guard sector or district command center or when operating in a vessel traffic service area VTS the report should be made to the VTS controller. In return the procedures require that all reports are evaluated by an investigating officer for evalu- ation At no time shall a written CG 2692 be requested unless the reported occurrence is determined by a qualified IO to be a reportable marine casualty. The emphasis is the NVICs unequivocal cautionary statement to the Coast Guard call recipient. A report of a potential marine casualty or accident is to be referred to a qualified Coast Guard Investigating Officer IO who will begin an evaluation process. A Coast Guard IO shall immediately commence an evaluation of the facts to determine whether the occurrence is a reportable marine casualty and whether further Coast Guard action is necessary. Qualified marine in- spectors will be consulted in the operational controls process. In most cases vessel operation control actions should not be based solely upon the initial marine casualty report. Vessel control actions should be determined after careful consid- eration by a qualified Prevention Officer who has conducted a risk as- sessment based upon the consider- ation of redundant equipment and or equivalent levels of safety. This deliberative process should address most of our complaints arising from the initial report to the Coast Guard however there is a saying time is money and this is never more true than in a customer service business. The decision must come in a timely manner. Even a favorable decision delayed is often as punitive as a negative one. The definition of grounding has generally been interpreted as any contact with the bottom. Certainly that is an issue in many of our operating areas. The NVIC now offers two helpful additional defini- tions within the overall grounding definition. They are Bump and Go and another intended grounding 20 august 2015 FOGHORN regulatoryReport or striking when used as a vessel control maneuver Bump and Go Groundings The Coast Guard will not consider an unintended grounding to be a report- able marine casualty under 46 CFR Part 4.05 if the grounding can be classified as a bump and go. Bump and go groundings are occurrences where the involved vessel master or licensed mate on watch attests that the grounding including grounded barges under the control of a towing vessel was only momentary e.g. reversing engines frees the grounded vessel on the first attempt no assist vessel is needed to free the vessel all towing connections remain intact and that the grounding did not result in any other marine casualty criteria being met as defined in 46 CFR Part 4.05-1a3 through 8. Initial notifications of bump and go ground- ings must still be made to the appropri- ate Coast Guard Command Center as a hazardous condition per 33 CFR Part 160.216. A Coast Guard Prevention Officer shall review each reported bump and go grounding in order to confirm that it meets the criteria to be excluded from the grounding casualty reporting requirements under 46 CFR 4.05. The Coast Guard response to a claim of a bump and go grounding is at the dis- cretion of the cognizant OCMICOTP however a Coast Guard investigation and associated MISLE activity for a re- portable marine casualty should not be completed if the OCMICOTP confirms the incident as a bump and go. A field unit that completes an optional investi- gation on a confirmed bump and go grounding should document the activity as a non-reportable casualty in MISLE with no associated CG-2692. Intended Grounding A grounding is considered intended if it is a controlled intention- al maneuver to among other things hold position to adjust cargo offload passen- gers andor hold position to allow other For more information Access the link below to see the complete NVIC 01-15 httpwww.uscg.milhqcg5nvicpdf2015navic-01-15_ Marine_Casualty_Reporting20150721.pdf traffic to safely transit. Intended strike of bridge A strike lay-up or landing of a bridge is considered intended if it is a controlled intentional maneuver to among other things assist guide or walk a vessel through the bridge or hold position using the bridge or its protective fendering system. Due to the potential of compromising the integrity of the bridge or its protective systems all intended strikes allisions that cause any damage however minimal shall be reported to the local USCG Sector Command Center as a hazardous condition under 33 CFR 160.216. However these incidents do not require a written CG-2692 or require MISLE entries unless they create a hazard to navigation the environment or the safety of a vessel or meet other casualty reporting criteria under 46 CFR 4.05-1a3-8. The definition of loss with its no matter its duration even if momentary continues to seem lacking in programmatic value and therefore onerous. Admittedly the clear conditional word unexpect- edly limits application and provides a more reasonable trigger threshold. A substantial burden and distor- tion of the casualty reporting process that has been at issue is the static nature of the decades-old dollar- related definitions in casualty and significant marine incident defini- tions. The Coast Guard has agreed verbally that change is needed but it is not addressed here. The dollar definitions are set by regulation and not adjustable through policy or flex- ibility in a guidance document. The Coast Guard has verbally reported its intention and ongoing activity to seek expedited resetting of the 25000 and 100000 thresholds to a time-adjusted level appropriate to the current value of those older report thresholds. They also are considering a periodic adjustment process for the future to avoid the need to repeat- edly revisit the regulatory process. The notice and comment process of the Administrative Procedures Act is currently measured in years. For the best in custom Marinas Gangways Floating Structures Bridges Security Gates Catwalks Web Email Tel 800.332.3625 august 2015 FOGHORN 21 regulatoryReport Hopefully the promise of immediate adjustment will be timelier. The foregoing has only been a brief review of some of the issues important to our industry. The NVIC should be read by all re- sponsible mariners entrusted with casualty or incident reporting to the Coast Guard. Even then there are questions to be answered such as what additional reporting or inves- tigations are required by your local OCMI COTP. Even more challeng- ing is the reading of momentary loss of propulsion steering and control systems in relation to the momentary loss but ends with a sentence Redundancies that perform as designed may eliminate the need to report the casualty if the vessel does not experience a loss in maneuver- ability Sounds great but will the OCMICOTP read that sentence or even agree with it Then there is the statement under Industry Responsibilities that it is or the owner agent master operator or person in charge col- lectively referred to here as the re- sponsible party determine whether an occurrence meets the criteria for notifying the Coast Guard. There is the review of the reporting partys bump and go decision--based on what information and on when. There has always been a problem when the Coast Guard challenges a masters decision from afar and often after the fact. The value of this NVIC will be judged the same way the previous guidance policies were--by how the Coast Guard field personnel accept interpret or reject its contents. As is always necessary for regulation in a real world of infinite events this guidance documents application and enforcement are at the discretion of the authority having immediate jurisdiction. Time will tell what the degree of improvement presented herein. PVA will endeavor to ensure that Coast Guard leadership par- ticipates in our region and national meetings and shares their interpre- tations or individual requirements with members. It is also always a wise decision to attend Coast Guard industry days where you will hear the Coast Guard local command talk about their priorities policies and the relevance of wider national policies to their sector responsibili- ties. I close with appreciation and a bravo zulu for the Coast Guard command that immediately upon release of the NVIC reversed a submit a CG 2692 decision that had been just been made a day or two before. n 22 august 2015 FOGHORN 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 LEGISLATIVEReport By Ed Welch PVA Legislative Director L ike nearly all PVA members who serve the public you probably accept consumer credit cards such as MasterCard and Visa. Are you familiar with the tran- sition underway to EMV cards with embedded chips and do you know what an upcoming October 1 2015 means to you as a merchant who accepts credit cards in point-of-sales transactions The traditional U.S. credit card contains sensitive consumer-specific information on a magnetic strip on the back. A merchant who accepts the card completes the transaction by swiping it in a reader. Traditionally the customer then signs a printed receipt or an electronic screen. However the security systems un- derlying the traditional credit card have become increasingly compro- mised and credit card fraud has become a major problem. The vulnerability of a tradi- tional credit card results because the sensitive data contained in the magnetic strip remains constant. It doesnt change from one transaction to the next. Therefore if an unau- thorized person is able in some way to retrieve the data on the strip that individual can use the stolen infor- mation to impersonate the credit card holder and conduct illegal transactions. The EMV Europay MasterCard and Visa system is a new technol- ogy intended to protect consumers and reduce credit card fraud. EMV is a global standard for cards in which computer chips are embedded. It authenticates chip-embedded card transactions in a new way. Whenever an EMV card is used October 1 Marks the Date for Credit Card Payment Networks Liability Shift august 2015 FOGHORN 23 LEGISLATIVEReport a unique transaction number is created. This number can be assigned to only one transaction it cant be used again. Thus even if someone is able to fraudulently obtain the number that person will not be able to use it for a new transaction. The new cards can be identi- fied by a metallic square about a half-inch by a half-inch on the front. This is where the computer chip is embedded. When an EMV card is used it isnt swiped in the customary way. Instead the card is inserted into a terminal slot. This is referred to as dipping. Once a card is inserted the card and its issuing financial or- ganization engage in an electronic exchange of information via the terminal to authenticate the card and create the transaction number. This process will take a few seconds and it isnt as fast as the traditional card swipe. If the customer pulls the EMV card out of the slot too soon the authentication-and-communication process will not be successful. The typical consumer will still need to sign a receipt at the end of the transaction. However some EMV cards will be similar to those used in Europe there will be a PIN number associated with them and the customer will have to enter the PIN to complete the process. Why is October 1 2015 a sig- nificant date for the introduction of EMV cards Thats the date for the so-called Liability Shift. It marks a change associated with who will bear the financial loss that accompanies a fraudulent credit card transaction. Until now if a merchant accepts an in-store or face-to-face credit trans- action involving the use of a credit card and it subsequently turns out that there was fraudulent use of the card the issuer of the credit card that is the bank or financial institution must absorb the loss. As of October 1 that will no longer automatically be the case when a chip-embedded card is used. Instead the loss will fall on whatever party is the less EMV- compliant. That is expected to be the merchant not the card-issuer. Thus if a merchant has chosen not to install a point-of-sale credit card terminal equipped to read the computer chip on the EMV card the loss will fall on the merchant. As with all new technology there will be a cost associated with the purchase and installation of new point-of-sale terminals and the merchant or retailer will have to bear that cost. However just because the Liability Shift takes place on October 1 that doesnt mean that a merchant must replace existing terminals. The new EMV credit cards will continue to have a magnetic strip as well as an embedded chip so the new cards will work with the older terminals. No one is going to force a merchant to install EMV-compliant terminals by October 1 although credit card companies and terminal salespeople will strongly encourage the switch. The question for the PVA member becomes when can I best incur the cost of new terminals and prior to then am I willing to incur potential costs associated with fraud- ulent card use n For more information go to the U.S. Small Business Administration at httpswww.sba.govcontent migration-emv-chip-card-technolo- gy-and-your-small-business to find additional resources on this change to the EMV system including an archived webcast on the subject. 24 august 2015 FOGHORN how pva benefits you By Jen Wilk Director Public Affairs and Development PVA Working For You PVA Recognizes Outstanding Safety Efforts and Provides Tools for Continuous Improvement P VA members are committed to safety. Through comprehen- sive training drills and best practices safety is infused throughout the culture of PVA members opera- tions.And our industry has the record to prove it. PVAmembers safely carry more than 200 million passengers each year and are proud of it. PVArecognizes outstanding efforts to advance the safety of our industry through two awards. Nominations for these awards are reviewed by PVAs Safety and Security Committee and they encourage you to nominate an exemplary individual or team for one of these prestigious awards Captain Elizabeth Gedney Passenger Vessel Safety Award This award is named in honor of Captain Elizabeth Beth Gedney who was PVAs Director of Safety Security and Risk Management for many years. It is presented annually to recognize actions by PVA Vessel members and their employees through safety training seamanship and dedication to the best standards of the passenger vessel industry that have resulted in a significant positive outcome. More simply actions taken in response to a crisis or emergency resulting in a substantial and possibly life-saving impact i.e. man- overboard. Roger Murphy National Marine Safety Award This award is named in honor of PVA Past President Roger Murphy the founder of the PVA Safety and Security Committee and is given annually to a deserving employee of a PVA member as recognition for dem- onstrating enhancing or contributing to the overall safety of their company or organization and the passenger vessel industry. Nomination forms for both safety awards are available through the Passenger Vessel Foundations website at Nominations for both safety awards are due by November 30 and should be sent to the PVASafety and Security Committee care of PVAs staff liaison Eric Christensen by email echris- fax 703-518-5151 or via mail to PVA 103 Oronoco Street Suite 200 Alexandria VA 22309. Leveraging PVAs Safety Tools A number of members who advance the safety of the industry also helped create and utilize PVAs safety tools. Developed by experienced operators like you PVAs Safety and Security Committee offer a portfolio of programs and guidance to help members facilitate continuous im- provement of safety practices in their operations. These tools available ex- clusively to PVA members can be august 2015 FOGHORN 25 how pva benefits you 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 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 found in the member resources page of the PVA website. Feel free to login to to access these at any time. Safety and Crew Training Tools - DVDs and Manuals These cost-effective resources will complement your safety training program and are available on the following topics Firefighting Preventing Slips Trips and Falls Personal Safety for the Crew Member Line Handling Introduction to Life Saving Equipment Deckhand Training Manual Senior Deckhand Training Manual Rail Jumper Enforcement Policies This federal legal protection is a result of PVAs advocacy efforts and enables the Coast Guard to assess a stiff fine against anyone who de- liberately interferes with the safe operation of a vessel including in- tentionally jumping overboard. Drug Testing Program Guidance The Marine Employer Drug Testing Guidancewas created by the U.S. Coast Guard to assist the marine employer in understanding and complying with the chemical testing regulations. This informative guide is recommended to be used in con- junction with the applicable federal regulations to ensure that operators develop a compliant Drug and Alcohol Testing Program. Marine Insurance PVA offers members access to comprehensive marine insurance. The PVA endorsed insurance program provided by Aon Risk Services is the passenger vessel industrys leading comprehen- sive insurance program tailored specifically to the needs of your business. This program provides everything you need to effectively manage risk. For more information and to talk through your insurance coverage needs feel free to contact Courtney Jones Aon Risk Services Vice President at 216-623-4158 or . For more information on the Safety Awards or member resources feel free to consult the PVA staff. n 26 august 2015 FOGHORN safety Security MATTERS By Eric Christensen Director of Regulatory Affairs and Risk Management Put Your Fleet at Your Fingertips gplink_halfpage.indd 1 1142015 33702 PM 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 O perating a business is complicated. Operating a business that moves people and goods in a heavily regulated environment can be daunting. Compliance can be difficult to manage as more government entities national and local place require- ments on your operations. Risk management is a daily occurrence and key component to any safe secure and environmentally friendly operation. As your companies continue to grow or evolve with changing customer needs regula- tions or even the very environment where you operate are you able to assess the risk and maintain compli- ance This is where PVA staff and fellow members come in to provide assistance in the form of member only services and tools. Of course you can always pick up the phone or shoot us an email. Compliance and Risk Management Assistance for Members august 2015 FOGHORN 27 safety Security MATTERS Between the small yet agile staff we have well over 100 years of marine safety regulatory and legis- lative experience. That said over the years PVA has developed a host of tools available to members to help maintain vessels and crew in com- pliance with safety requirements and best practices. These tools were developed by members for members through the PVA Safety and Security Committee and include manuals guides templates and DVDs. The topics range from holistic risk man- agement and prevention strategies for your operation to crew training on a variety of subjects including line handling and emergency drills. See Jen Wilks article this month page 24 for a list of crew training DVDs and manuals available to members for a nominal cost. Some of the tools have been developed in cooperation with the U.S. Coast Guard and others are working documents but valuable nonetheless. PVA Risk Management Guide Suppose an operator wants to obtain an excursion permit from the Coast Guard in order to carry ad- ditional passengers for a one-time event. In such a case a risk as- sessment that details anticipated hazards and looks at the likelihood and consequences of those hazards and a risk management plan that specifies additional safety measures to address those risks would clarify issues and help the operator gain favorable Coast Guard consideration of that permit. Being aware of your potential risks and knowing how to effectively control them is the goal of the PVA Risk Management Guide. Developed by the Coast Guard and the PVA the guide provides passenger vessel owners and operators with a step-by-step means of assessing risk within your opera- tions and helps you develop ways to reduce or even eliminate those risks in effect making your opera- tions safer. The guide can be used to evaluate proposed operations survey existing operations or determine the effect of operational changes such as increased traffic or low water. It is meant to address safety issues for a specific situation that you decide. The situation can be local confined to a single vessel or it can be even broader involving an entire fleet or port area. The guide contains two real-life scenarios to help illustrate the risk assessment process. PVA TK Manual The purpose of the PVA TK Manual is to provide interested in- dividuals with insight into the rule- making process for Subchapters T and K. This guide is a composite of THE POWER TO MOVE Get maximum uptime along with industry-leading power fuel efficiency and low emissions. Cat marine engines give you the reliable timely service your business demands all backed by the global Cat dealer network. Bring Cat engines onboard today. Visit your local Cat marine dealer or learn more about us at marine.Cat.Com 3512C Tier 3C32 ACerT Tier 3C18 ACerT Tier 3 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. Cat_PVA Ad_Power to Move.indd 1 7113 238 PM 28 august 2015 FOGHORN safety Security MATTERS 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 all preambles published as part of the Coast Guards 12-year revision of the small passenger vessel regulations. The preamble contains the history intent and thought processes behind the regulations. It also answers questions and comments posed by industry and the public throughout the rulemaking. Unfortunately the preambles are not codified in the Code of Federal Regulations when final rules are published. As a result much of the knowledge behind the creation or revision to a regulation is lost both to the industry and the Coast Guard. As the Coast Guard moves more toward regulations with options and adopted industry standards there are more opportunities for the ac- ceptance of equivalencies and alter- natives that may benefit the vessel owner or operator and still provide the same level of safety on the vessel. Since regulations typically lag tech- nological advancements knowing the intent of a regulation is in many cases just as important as the regula- tion itself. The TK Manual was made available to all members and all Coast Guard units when it was published in 1998. Since then it has been digitized in various formats and is now available with a hyper- linked searchable index. A must have for the regulatory wonk in your operation. The paper version of the TK Manual contained the 1995 edition of Subchapter T referred to now as Old T. Originally written in 1958 Subchapter T was without a major revision since 1963. Having a copy of old T is important to members who operate vessels built before 1996 and under the old regulations. The Coast Guard used grandfather- ing extensively in the 1996 revision to the Subchapter T regulations and creation of the Subchapter K regula- tions to minimize the impact of the new regulations to existing vessels. Many people owners operators and even regulators only look at a vessel using current regulations and that can cause confusion or worse an un- warranted requirement to change something on the vessel. Adigital copy of old T is available to members who have worn out their 1995 edition of the book. FLAGSHIP Safety Management System Not a week goes by that I do not have some member asking about FLAGSHIP or safety management systems SMS in general. A safety management system is a structured and documented system enabling both shore side and vessel side personnel to effectively implement a companys safety and environmental august 2015 FOGHORN 29 safety Security MATTERS 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 PVA WELCOMES NEW MEMBERS Havasu Landing Resort Havasu Lake CA Mr. David Nye Vessel Hunter Deep Sea Fishing Manahawkin NJ Mr. Ed Yates Vessel Mary M Lil Sportfishing Manahawkin NJ Mr. Saverio Rescigno Vessel Scott Marine Surveyors and Consultants Port Jefferson StationNY Mr. Roy Scott Associate protection policies. It is a coordinat- ed comprehensive set of processes that help a company to most ef- ficiently and effectively manage safety and environmental opera- tions. A safety management system combines management processes into one cohesive structure to achieve an enhanced level of safety and en- vironmental compliance through a proactive culture of continual process improvement. Title 33 Code of Federal Regulations Part 96 establishes the minimum standards for U.S. flag vessel safety management systems. These standards are not only for mandatory compliance for those operating in- ternationally but also voluntary compliance which is where the PVA FLAGSHIP initiative comes into play. The primary objective of FLAGSHIP is to have PVA members establish a proactive system of continual process improvement through company commitment maintenance training hazard identification risk manage- ment and auditing. The latest version of FLAGSHIP developed by a motivated core group of PVA members is available to all members so they can become familiar with the elements of the system. We have also rolled out a company pre-assessment worksheet so you can see where your company is on the compliance spectrum. The more input we get from members on their needs and concerns the better we can refine the product. I recommend all members avail themselves of the above tools through the PVA website at www. For items not yet on the site you can contact me directly at 1-800-807-8360 x 26 or echristensenpassengervessel. com. n 30 august 2015 FOGHORN O n July 15 2015 the United States Department of Labors Wage and Hour Division issued an Administrators Interpretation clarifying the de- partments internal standard for determining when a worker can properly be classified as independent con- tractor. The Interpretation highlights the expansive view taken by the department as to coverage of workplace laws and contains important guidance for PVA vessel owners that claim services are being provided by inde- pendent contractors. The question of when an individual providing services to a company can lawfully be classified as an independent contractor rather than an employee has been a subject of increasing scrutiny both in litiga- tion brought by individual workers and in enforcement actions undertaken by the U.S. Department of Labor DOL. A common context in which this issue arises concerns claims for compensation under the Fair Labor Standards Act FLSA such as where an individual who had been classified as an independent contractor later files a lawsuit asserting that he or she was actually an employee and was improperly denied overtime payments required by the FLSA or where an indepen- dent contractor seeks workers compensation or unem- ployment benefits. The July 15 2015 DOL guidance for resolving disputes as to employee or independent contractor status does not represent a departure from the agencys past practices. Yet the Interpretation is noteworthy for the forthrightness with which the DOL signals the uphill battle faced by employers seeking to establish the validity of an inde- pendent contractor relationship. The DOL states explic- itly emphasis added most workers are employees under the FLSAs broad definitions. In keeping with this declara- tion the Interpretation uses the word broad more than a dozen times in describing the scope of the definition of employment under the FLSA. Given the skepticism with which the DOL regards attempts to establish independent contractor status it is critical for employers seeking to defend such relation- ships to understand the standards that will be applied in scrutinizing them. The DOL will give no weight to the classification agreed upon by the worker and the company. The fact that a worker has signed an inde- pendent contractor agreement will not prevent the DOL or a court from applying its own test in evaluating the nature of the relationship nor will the fact that the employee has been paid using a Form 1099 rather than a W-2. Instead the DOL will apply an economic realities test in determining whether the relationship is actually one of employer and employee or whether the worker can lawfully be classified as an independent contractor. The Interpretation makes clear than in performing this review the core inquiry will be whether the worker is ec- onomically independent of the employer in other words whether the worker is truly in business for him or herself. The Interpretation articulates six factors that will guide this analysis The extent to which the work performed is an integral part of the employers business The workers opportunity for profit or loss depending on his or her managerial skill LEGAL By Steven E. Bers Esq. PVA General Counsel DOL Issues Guidance on Distinguishing Employees from Independent Contractors Expert Boat Builders Steel Aluminum Construction 360331-5500 x 311 august 2015 FOGHORN 31 LEGAL The extent of the relative invest- ments of the employer and the worker Whether the work performed requires special skills and initia- tive The permanency of the relation- ship and The degree of control exercised or retained by the employer. The Interpretation provides guidance as to each of these factors and provides examples intended to demonstrate their application to real world scenarios. Whether the work in integral to the employers business The closer the relationship between the workers duties and the core function of the employers business the more likely it is that the worker will be deemed an employee. The DOL offers the example of a resi- dential construction company and notes that a carpenter whose task is to build the home will be less likely to be deemed a contractor than a software developer who is tasked with creating a system to allow the company to track bids and orders. Whether the worker has an opportunity for profit and loss This factor is more complex than it first appears in that while seemingly all workers have the potential to increase their earnings by working more hours or becoming more efficient the DOL does not deem opportunities of that type to be relevant. Instead this factor concerns the opportunity for profit or loss based upon the workers manage- rial skill such as by producing ad- vertising negotiating the terms and compensation of particular engage- ments and deciding whether to hire additional workers to assist in com- pleting a job. The extent of the workers investment relative to that of the company This factor likewise creates the potential for confusion. Although an employer may regard as signifi- cant the fact that a worker provides her own tools or equipment that fact is not sufficient to tip this factor in favor of independent contrac- tor status. Instead the workers in- vestment must be significant when compared to the overall investment of the employer such as where the worker invests in advertising and hiring her own employees or rents space from which she works or stores materials. Whether the work requires special skill or initiative With regard to this factor the DOL notes that the fact that significant technical skill is required to perform particular work does not influence the question of whether a worker qualifies as an independent contrac- tor. Instead this factor focuses on the business judgment and discretion utilized by the worker such as in determining which assignments to November 18-20 2015 Seattle WA Register before the show and admission is FREE with this promotion code FOGHORN Registration discount applies for qualified registrants only through November 17 2015. Day of show price 30. Non-exhibiting suppliers fee 50 Presented by Produced by 32 august 2015 FOGHORN LEGAL accept and when and how to acquire the materials to be used in completing the assignment. The permanency of the relationship Where the relationship is either permanent or open- ended this fact will tend to support a conclusion that the worker is an employee. Where the engagement is for a short defined time period such as the time needed to complete a particular task this will tend to support a conclusion that the worker is an independent contractor. The degree of control exercised by the employer Although this factor has often been described as central to the employeeindependent contractor analysis the DOL takes pains to emphasize that it will not be given undue weight. Generally speaking the more control that the worker has over the manner in which the work is performed the more this factor will support a finding of independent contractor status. However in furtherance of its statement that the overarching focus should be on the degree of the workers economic depen- dence the DOL notes that the FLSA covers workers of an employer even if the employer does not exercise the requisite control over the workers assuming the workers are economically dependent on the employer. Bottom Line The Interpretation published by the DOL provides a valuable insight into the DOLs mindset in assessing the legality of a companys decision to treat a given worker as an independent contractor. Although courts are not bound to accept the DOLs standard the Interpretation will guide DOL enforcement proceedings. As the above discussion makes clear the DOL takes an extremely unfavorable view of attempts to classify workers as independent contractors rather than employees. Employers who have been classify- ing workers as independent contractors will want to carefully assess whether those relationships would stand up to scrutiny under the applicable standards as the costs associated with a finding of misclassification such as back wages and penalty damages in FLSA litigation or back payroll taxes and penalties can be substantial. 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 is PVAs General Counsel. He may be contacted through the PVA Legal Hotline by email at or by phone 410 347-8724. 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 august 2015 FOGHORN 33 membernews Oshore support vessels Passenger ferries Naval Military vessels Lots of space for bicycles and high efficiency hulls to reduce fuel consump- tion to lower green- house gas emissions are just some of the admirable best green practices that King County Marine Division in Seattle WA has in place to be envi- ronmental stewards with the goal of reducing its carbon footprint. Because of its commitment to the marine environment in early July the King County Water Taxi became the latest PVA vessel operator to join the PVA Green WATERS Program bringing the PVA Green Fleet to more than 200 vessels that are actively practicing green actions and policies. T h e K i n g C o u n t y M a r i n e Division is part of the Department of Transportation which is working to reduce pollution and greenhouse gas emissions promote healthy life- styles and vibrant neighborhoods and wise resource use. Through its 2015 Strategic Climate Action Plan King County is mapping out an ambitious path to a clean energy future and our commitment to having the greenest water taxi fleet possible is one of the actions weve taken to get us there said King County Department of Transportation Director Harold Taniguchi. The Marine Division recently added a new vessel to its fleet and another Doc Maynard will soon follow. The new ferry the Sally Fox was built by PVA Associate member All American Marine Bellingham WA and delivered in early April to start service in King County. Theres more to the Sally Fox and the Doc Maynard than meets the eye said Paul Brodeur Director of the King County Marine Division. The vessels designers in New Zealand and the shipwrights at All American Marine worked with King County to design and build a new vessel that not only addresses the countys strategic climate change goals but also emphasizes the countys lead- ership in delivering green marine transportation in Puget Sound. The PVA Green Fleet currently carries more than 53 million passen- gers annually representing all types of PVA vessels ferries dinner boat operations whale watching and sightseeingeco-tourism operations all around the nation. Participating King County Ferry Joins PVA Green WATERS Program 34 august 2015 FOGHORN membernews SAVE 50 Register before the show using promo code FOGHORN and receive FREE admission to the exhibit hall and keynotes. Non-Exhibiting Suppliers Fee - 50 Pre-show and Onsite. The International WorkBoat Show is the only solution that can connect you to the best resources in the maritime industry all in one convenient location.With over 1000 exhibitors and thousands of innovative products youll be able to meet and negotiate face to face with colleagues and suppliers to find the new ideas that bring in business and save you money. Produced by Presented by DECEMBER 1-3 2015 NEW ORLEANS Morial Convention Center Halls A B C D E To exhibit contact Chris Dimmerling 40753_iwbs15_forhorn_ad.indd 1 72915 1248 PM PVA Vessel members have recycling programs reduce energy usage conserve fuel reduce emissions educate employees and passengers about the need to protect and preserve the marine environment and much more. To learn more about how your operation can benefit from the PVA Green WATERS Program go to member-resources.htmlgreenwaters. n king county Continued from page 33 Queen of the Mississippi to Move to Pacific Northwest The soon-to-be-renamed Queen of the Mississippi operated by American Cruise Lines Guilford CT will join the Queen of the West in the Pacific Northwest on the Columbia and Snake Rivers. This three-year- old vessel will more than double the capacity on the Columbia and Snake Rivers. The lines brand new riverboat America will replace the Queen of the Mississippi on the Mississippi River in early 2016. The repositioning to the Pacific Northwest and the introduc- tion of the new 185-passenger paddlewheeler America to the Mississippi River will enable American Cruise Lines to meet the high demands for cruising on the Columbia and Snake Rivers and provide more capacity on the Mississippi River system. The new Columbia River pad- dlewheeler features staterooms on the river with glass doors opening to private balconies. The glass-enclosed dining room accommodates all guests in one seating and lounges throughout the ship offer areas for entertain- ment and relaxation. The new paddlewheeler America is scheduled to be delivered in early August in Salisbury MD and will be moved to its East Outfitting Basin for completion of the upper decks and final outfitting. A new Queen of the Mississippi is also under construction at Chesapeake Shipbuilding Salisbury MD. American Cruise Lines operates a fleet of riverboats and small cruise ships on more than 35 itineraries around the country. n The Pacific Maritime Magazine Ferries Conference will bring together public transit agencies port districts municipalities and other ferry system users with the operators architects engineers and shipyards providing the boats and expertise needed for successful ferry operations. The intent of this years event is to provide ferry user groups an opportunity to hear from the vessel operators who have the expertise to operate the vessels and terminals the regulators who govern the operating environment and the private and public funding sources that provide capital resources for construction operation and maintenance. Attendees will hear from public funding sources public and private operators and consultants all aimed at helping introduce fund and operate ferry systems around the country. This years program will focus on the following Where ferries might reasonably provide solutions to commuter and community transportation needs How public transit agencies municipalities and other parties can determine vessel types scheduling and pricing How to integrate ferry systems into the community engaging the customer base Attendees will be drawn from three distinct groups The client public transit agencies municipalities and port districts and private sector interests The vendor ferry and passenger vessel operators naval architects and engineers boat builders and equipment manufacturers Funding sources federal state and regional legislative and administrative agencies Visit for more information. Sponsorship Information Bill Forslund or 206 284-8285 Brian Cross or 206 284-8285 Registration and Other Inquiries Denise Philips or 206 284-8285 JUNE 16-17 Renaissance Seattle Hotel Seattle WA Development Funding and Sustainable Management October 6th 2015 Renaissance Seattle Hotel Seattle WA Great conference Of all the similar events I have been to this was the best as far as making good business connections and building existing relationships. The sessions provided just the right balance between the technical and political and were geared well for the audience that attended. You and your team did a fine job hats off to you Art Anderson Associates 36 august 2015 FOGHORN 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 newswire The U.S. Coast Guard celebrated its 225th anniversary at the Coast Guards Headquarters in Washington DC with U.S. Department of Homeland Security Secretary Jeh Johnson Coast Guard Commandant A d m i r a l P a u l Z u k u n f t a n d Postmaster General Megan Brennan participating in the celebration on August 4. The U.S. Postal Service com- memorated the Coast Guards 225 years of service to the nation by creating a Forever Stamp to honor its role in protecting the security of the nation and advancing vital U.S. maritime interests. The stamp shows two icons of the Coast Guard the cutter Eagle a three- masted sailing ship known as Americas Tall Ship and an MH-65 Dolphin helicopter one of the Coast Guards rescue aircraft. Stamps tell Americas story and it is a great honor for the Coast Guard to be memorialized. For 225 years the Coast Guard has proven its enduring value to our nation. We warmly welcome this tribute and the opportunity to share our story with the nation we serve said Zukunft. Its a time to remember and celebrate the hundreds and thousands of Coast Guard men and women whove gone to sea and sometimes paid the ultimate price in boats cutters and aircraft so that others may live. Secretary Johnson said We are here to commemorate the Coast Guards past but I am most excited about the Coast Guards future. We should all be impressed by the dedi- cation and excellence of the men and women who occupy the ranks of todays Coast Guard. I see this service growing and growing taking on more missions taking on more and more terrific young people who are from all over the country said Johnson. I salute you thank you for your service and from this new member of the family I wish you happy anniversary. n Coast Guard Celebrates 225th Anniversary 50 million Coast Guard Forever stamps painted by William Phillips and designed by Phil Jordan will be issued. august 2015 FOGHORN 37 newswire Recognizing that Humpback Whales have rebounded significant- ly from when the species was listed under the federal Endangered Species Act in April the National Oceanic and Atmospheric Administration NOAA proposed to delist most populations of the species. On July 17 2015 PVA submitted comments to the regulatory docket supporting the proposed delisting. Here are selections from PVAs letter P VA s m e m b e r s o p e r a t e passenger vessels of all types including commercial whalewatch- ing vessels ferries and overnight cruise ships that operate on U.S. coastal routes. PVA vessels operate in areas in which humpback whales are commonly found. Among these areas are Hawaii Alaska the U.S. West Coast and the U.S. East Coast including Stellwagen Bank. The Endangered Species Act has always established a goal of restoring a species populations to the point it is no longer endangered or threatened thereby allowing for it to be delisted. Section 33 of the Act defines the term conserva- tion to include all methods and procedures to bring any endan- gered species or threatened species to the point at which the measures provided pursuant to this Act are no longer necessary. Perhaps the most visible example of a species recovery and subsequent delisting is the bald eagle. Section 424.11d of title 50 Code of Federal Regulations specifies that the recovery of a species is a basis for its delisting. The regulation states that The principal goal of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service is to return listed species to a point at which pro- tection under the Act is no longer required. It is important for federal poli- cymakers and the general public to understand that if the proposed rule is made final humpback whales will still be the beneficiaries of strict federal protection. It is true that most humpback whale populations will no longer be classified as either en- dangered or threatened under the Endangered Species Act. However that does not 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 off the California coast and off Cape Cod and in Glacier Bay National Park and Preserve in southeast Alaska will still apply. Decisions about listing and delisting pursuant to the Endangered Species Act are required to be made based on the best scientific and com- mercial data available not sentiment or emotion. As detailed extensively in NOAAs Status Review there has been a gratifying recovery of the humpback whale with respect to most distinct population segments. Federal law will continue to provide extensive protection for the humpback whale. The legisla- tive purpose of listing under the Endangered Species Act has been achieved and the statutory criteria for delisting have been met. NOAA should finalize the proposed rule and declare the recovery of the humpback whale within U.S. jurisdiction a con- servation success story. n PVA Submits Comments Supporting Removal of Humpback Whales from Endangered List To obtain a copy of PVAs complete comment to the regulatory docket please contact PVAs Legislative Director Ed Welch at 1-800-807-8360 ext.27 or 38 august 2015 FOGHORN advertisersindex LETTER FROM THE president Continued from page 5 The U.S. Coast Guard had released official guidance clarifying the marine casualty reporting process. The Navigation and Vessel Inspection Circular NVIC 01-15 Marine Casualty Reporting Procedures Guide with Associated Standard Interpretations provides clarification about terminology examples of actual operational oc- currences and standardized policy interpretations to serve as a common framework for both Coast Guard and industry to ease compliance with the marine casualty investigation and reporting process. PVAs advocacy efforts were an integral factor leading to the release of this guidance. For years through its Quality Partnership PVA has been urging Coast Guard leader- ship to clear up extensive confusion surrounding what instances consti- tute a marine casualty and what is the standardized reporting process including when to submit a Coast Guard Form 2692. It is hoped that this guidance will provide much needed relief for PVA members. For too longmembers have been frustrated by the Coast Guards marine casualty reporting process. The most aggravating cases include inconsistent application in- appropriate restriction of operations and an outdated reporting form. Industry has been awaiting NVIC guidance from Coast Guard for years and during this time operators have struggled with running their businesses in an uncertain environ- ment. In some instances Coast Guard has stopped operators from sailing because of conflicting interpretation of the requirements and second- guessing of seasoned mariners pro- fessional decisions. PVAs staff and leadership are currently reviewing the full NVIC and will soon provide more in-depth analysis and detailed explanation of the clarified elements. To access newswire the NVIC go to httpfiles.ctctcdn. com228e079b2015cb443b9-7e32- 40ea-92d2-010d3652d169.pdf. For questions on marine casualty reporting or the new NVIC contact PVAs Eric Christensen at 1-800-807- 8360 ext. 26 or echristensenpassen- or contact PVAs Peter Lauridsen at PVAs Peter Lauridsen at 757-495-2545 or peterlauridsen n Coast Guard Marine Casualty Reporting Guidance - Now Available new NVIC while not perfect does provide needed clarification about terminology examples of actual op- erational occurrences and standard- ized policy interpretations to serve as a common framework for both Coast Guard and industry to ease compli- ance with the marine casualty inves- tigation and reporting process. PVAs Safety and Regulatory Committees along with PVA staff are reviewing the NVIC and will make recommendations to the Coast Guard for areas in which the NVIC can be clarified or refined. Amphibious DUKW Duck Council On the membership front the PVA Board of Directors has recently endorsed the establishment of an Amphibious Duck Council. This new body will focus on the special opera- tional issues and aspects that that are unique to amphibious Duck opera- tions. In addition the PVA Annual Convention at MariTrends 2016 January 23-26 in Washington D.C. will feature a new Amphibious Duck Conference. PVA Region Meetings Finally we have an exciting line-up of PVA Region Meetings being planned for you this fall. Dates and locations for each meeting appear on PVAs web site. I hope to see each of you at one or more these important meetings. In the meantime please let us know whenever we can be of assis- tance to you. Sincerely John R. Groundwater Executive Director n ABS Americas. . . . . . . . . . . . . . . . . . . . . . . 24 All American Marine. . . . . . . . . . . . . . . . . . . 23 Aon Risk Management. . . . . . . . . . . . . . . . . . 28 Arthur J. Gallagher Co. . . . . . . . . . . . . . . . 25 Blount Boats Inc . . . . . . . . . . . . . . . . . . . . . 36 Breaux Brothers Enterprises . . . . . . . . . . . . . . 14 Burger Boat Company. . . . . . . . . . . . . . . . . . . 8 Carus AB Ltd . . . . . . . . . . . . . . . . . . . . . . . . 19 Caterpillar Marine. . . . . . . . . . . . . . . . . . . . 27 Centa Corporation . . . . . . . . . . . . . . . . . . . . 36 Dejong and Lebet. . . . . . . . . . . . . . . . . . . . . 18 Expeditions Maui LanaI Ferry. . . . . . . . . . . . . 26 Freedman Seating Company . . . . . . . . . . . . . 37 Furuno USA Inc.. . . . . . . . . . . . . . . . . . . . . . 11 GPLINK LLC. . . . . . . . . . . . . . . . . . . . . . . . . 26 Hamilton Jet. . . . . . . . . . . . . . . . . . . . . . . . . 13 International Workboat Show. . . . . . . . . . . . . 34 John Deere Power Systems. . . . . . . . . . . . . . . 15 Kobelt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Marine Group Boat Works. . . . . . . . . . . . . . . 22 MCM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Metal Shark Aluminum Boats . . . . . . . . . . . . . 12 Motor Services Hugo Stamp. . . . . . . . . . . . . . 40 MTU. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Nichols Bros.. . . . . . . . . . . . . . . . . . . . . . . . 30 Pacific Marine Expo . . . . . . . . . . . . . . . . . . . 31 Port SupplyWest Marine. . . . . . . . . . . . . . . . 29 RW Fernstrum Co. . . . . . . . . . . . . . . . . . . . . 25 Scania USA. . . . . . . . . . . . . . . . . . . . . . . . . . 2 Springfield Group. . . . . . . . . . . . . . . . . . . . . 16 Starboard Suite. . . . . . . . . . . . . . . . . . . . . . . . 9 Timco Marine Equipment. . . . . . . . . . . . . . . . 32 Topper Industries Inc.. . . . . . . . . . . . . . . . . . 20 Twin Disc Inc. . . . . . . . . . . . . . . . . . . . . . . . . 7 UES Seating. . . . . . . . . . . . . . . . . . . . . . . . . 33 Virtual Ticketing Solutions. . . . . . . . . . . . . . . . 17 VT Halter Marine . . . . . . . . . . . . . . . . . . . . . 11 WheelHouse Technologies Inc. . . . . . . . . . . . 15 Zerve. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Partnering for success. 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