b'REGULATORY REPORT:A Sneak Peak at Expected REGULATORYRegulatory Issues Facing Passenger Vessel OperationsPETER LAURIDSEN // PVA REGULATORY AFFAIRS CONSULTANTA dministrationtochangebringsthe Federal Register on January 15, 2021. ForbytheNationalTransportationSafetyBoard adjustmentsmanyaspectsofpassenger vessels this has been a requirement(NTSB) reports has probably removed almost all government.Regulatorychangesincethe2010CoastGuardAuthorizationconsiderations for limitation of passenger count. isparticularlyatissue.TheoutgoingBillwhenCongressdirectedtheU.S.CoastPVA will actively participate as the opportunity administrationmayhaveexpeditedpresentsitselfandcommentduringallphases manyregulatoryactionsinhopesofThe incomingoftheregulationsprogressfromconceptto administration is nal. completingunfi nishedbusiness.Thefi We are in a good position to speak to the incomingadministrationisconcernedwithdevelopmentofSMSregulationforpassenger demonstrating action on election promises asconcerned withvessels since we have Flagship, our voluntary SMS well as undoing any last-minute policies anddemonstrating actiondevelopedbymembersforallPVAoperators. regulations of the previous administration thatTheCoastGuardhasacknowledgedFlagship they do not support.on election promisesmeets the criteria for an SMS.While it is too early to know exactly what willas well as undoing anyM/V CONCEPTIONS IMPACT ON THE happen, we do know that several regulationslast-minute policiesPASSENGER VESSEL INDUSTRYin the pipeline have momentum on their ownand regulations of theThe M/V Conception casualty identifi ed several either through legislative mandated direction,areas of regulation in addition to SMS for Coast or they carry signifi cant safety implications. previous administrationGuardandindustryaction.Pathsofescape, The following issues are what we think willthat they do not support. alarm systems, battery charging, crew training, beonthePassengerVesselAssociationsvessel maintenance and owner oversight are all Regulatory Committee agenda this year. active issues. PVA, upon direction of the NTSB, Guardtoadoptregulationsforpassengerisrecommendingowneractionsbasedonthe SAFETY MANAGEMENT SYSTEMSvessels carrying a number of passengers to becasualtyanalysesinadvanceofanyregulation (SMS) ADVANCE NOTICE OFdetermined by the Coast Guard. We thoughtdevelopment. PROPOSED RULEMAKINGthiswouldlikelyfocusonSubchapterK TheAdvancedNoticeofProposedvessels, but several signifi cant passenger vesselVESSEL INCIDENTAL Rulemaking(ANPRM)waspublishedincasualties and the repeated advocacy for SMSDISCHARGE ACT Inlate2018,theCongresspassedtheVessel Incidental Discharge Act (VIDA) that changed andupdatedthevesseloperatingdischarge regulationsundertheCleanWaterAct.This change added a new section that required the U.S. Environmental Protection Agency (EPA) to write performance criteria regulations for vessel operational discharges and subsequently for the Coast Guard to write enforcement regulations forthosestandards.Eachwasgiventwoyears to accomplish their individual duties. The EPA haspublishedanoticeofproposedregulation (NPRM) that PVA has commented on. We are waiting for the EPA to publish the fi nal rules and then the start of the Coast Guard rulemaking process for enforcement regulations. The VIDA did permanently exempt vessels under 70 feet in length from the vessel incidental discharge rules. REGULATORY REPORT 28 FOGHORN'