Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 366 AUGUST 2016 • FOGHORN FOGHORNFOCUS: SAFETY I n the U.S. Coast Guard Navigation and Vessel Inspection Circular (NVIC) 01-15 issued on January 26, 2015, amplifying guidance was provided to investigators regarding 46 USC 2302(a) - Penalties for negligent operations and interfering with safe operation. Although originally the act was intended only for operators to be issued a civil penalty, in 1998 it was amended by adding “or interfering with the safe operation of a vessel, so as to endanger” the life, limb or property of a person. The investigative note stated that a good example would be what the industry commonly calls rail jumping, and that investigators, should consider issuing a notice of violation (NOV) to the jumper. The civil penalty for interfering with the safe operation of a vessel can range up to nearly $33,000. NVIC 01-15 stated the following concerning unintentional or intentional falls/jumps overboard: “Falls overboard that do not result in injury or death – every unintentional fall or intentional unauthorized fall (i.e., rail jumping) overboard by a person (e.g., crew member, passenger, visitor, contractor) from a vessel included in section (a) of this regulation is a marine casualty. Falls overboard that result in a reportable injury or death require immediate notifications and written CG-2692 reports under 46 CFR 4.05-1. Unintentional or intentional unau- thorized falls overboard that create a hazard (e.g., a vessel has to turnaround in a congested waterway to recover an individual or the individual in the water narrowly misses being struck by other vessel traffic) but do not meet the casualty reporting criteria in 46 CFR 4.05-1 should still be immediately reported to the nearest Coast Guard Sector Command Center (preferably via VHF radio or mobile telephone) as a hazardous condition under 33 CFR 160.216. Calls made to the Coast Guard to initiate search and rescue efforts after a fall overboard satisfy the hazardous condition notification requirement.” According to Coast Guard records, it has initiated eight enforcement actions against those violating the 46 USC 2302(a) since 2014. There were three each in 2014 and 2015. So far this year there have been two. Two of the persons were issued warnings, two were issued Class I civil penalties and four were issued NOVs. In five cases, the Coast Guard recommended $5,000.00 penalties, and in one case, a $1,500.00 penalty. The widely publicized case of the Weehawken, NJ-based PVA member NY Waterways jumper earlier this year is among the actions. It is also possible that local enforce- ment actions were undertaken for some incidents during the reporting period which satisfied the Coast Guard and no further action was considered necessary. It is interesting, possibly for pre- vention, that in four of the cases, the passenger jumped overboard as the vessel was approaching the dock, three while the vessel was underway, and in one case, the passenger was attempting to jump between decks. Aside from reporting these incidents to the Coast Guard, it is important that you treat it as any incident on the vessel. If the Coast Guard is not able to immediately respond, as in my area, local law enforcement may be available to assist you. Identify the passenger fully. Name, date of birth, and address along with a full accounting of what took place. Many times, in advance of the jump, the violator will unintention- ally assist you by leaving his wallet and shoes with another friendly passenger. Identify and interview witnesses. Document their names, addresses and accounts of the incident and if they have any relationship to the jumper. If you have a video system, any footage of the incident should be saved. Your insurance company must also be advised. It would be a good idea to have a written post-MOB procedure. We all do everything we can to minimize the number of these incidents. Unfortunately, they still happen. Enforcement can further help reduce the number. Remember, 46 USC 2302 (a) does not specifically mention rail jumping. It is “interfering with the safe operation of a vessel, so as to endanger.” As such, it could be used to address other incidents including other vessels engaged in dangerous actions or even disorderly passengers. The PVA Safety and Security Committee is asking your help in tracking those incidents where someone has interfered with the safe operation of your vessel. If you have a case, please let the PVA staff know. n Beyond Rail Jumping By Captain Jeff Whitaker, Hudson River Cruises, Inc. The civil penalty for interfering with the safe operation of a vessel can range up to nearly $33,000. About the Author Captain Jeff Whitaker is the Operations Officer/Manager of Hudson River Cruises, Inc., in Kingston, NY. Hudson River Cruises operates sightseeing, dance, and catered dining cruises in the Hudson Valley. Capt. Whitaker is Vice President of the Passenger Vessel Association and serves as Chair of the PVA Safety and Security Committee.