28 JANUARY/FEBRUARY 2018 • FOGHORN REGULATORYREPORT Coast Guard supervision of inspec- tion functions delegated outside of the service including the presently load line inspection function be clarified in terms of Coast Guard responsibil- ity in the field.” The Commandant’s Action, citing both load line inspection delegated to the American Bureau of Shipping (ABS) and the International Cargo Gear Bureau delegation for cargo gear plans, did not concur and said, “Further clarification such delega- tions is not deemed necessary.” The concern is seen again in the MBI into the loss of the SS Marine Electric in February 1983. The vessel was lost in similar weather but was ac- cessible to divers and three crewmem- bers survived. An extensive review of documents, licenses, certificates, inspection records, plus firsthand testimony and access to the physical structure of the vessel led to a com- prehensive report of Coast Guard in- spection and delegation. There were specific recommendations regarding load line inspections and inspector capability. Again, the Commandant’s Action here was to dismiss the Board’s first recommendation: “That the ex- amination of U.S. merchant vessels to assure their compliance with the appli- cable Federal safety statutes and regu- lations be conducted by knowledge members of a U.S. government agency. The responsibilities for these functions should not be delegated or entrusted to the private sector.” The decision to not concur was rooted in the reasoning that this experience could not “condemn the entire system” even as follow up actions by the Coast Guard and ABS led to a reported 70 vessels exiting the inspected fleet. The El Faro MBI cited concerns of performance failures in this area and recommended follow up action. The Commandant in his Action Memo said, “As the pace and complexity of maritime commerce and operations have increased, third parties have enabled the regulatory regime to evolve and keep up with increasing demand. Third party programs, such as the Alternate Compliance Program (ACP), have transitioned from an option to a necessity upon which both the Coast Guard and the maritime industry rely. …The Coast Guard relies far more heavily on third parties today than at the time of the Marine Electric casualty. Now, more than ever, the system requires reform.” In 2007, Congress proposed that the marine inspection function be trans- ferred from the Coast Guard. Should such sentiment arise again or the Coast Guard’s own hope for Subchapter M fail, we will again be at the mercy of unintended consequences of crisis reactions. n www.beurteaux.com Phone: North America (1) 508 558 7007 • 2,000 vessels world wide • World leaders in design and development • Testing to international standards • Comprehensive range of accessories • Service and support world wide • Dedicated to improving products and service