b'SAFETY MATTERS:Coast Guard Issues Advanced SAFETY Notice of Proposed Rulemaking for Safety Management SystemsERIC CHRISTENSEN // PVA DIRECTOR OF REGULATORY AFFAIRS & RISK MANAGEMENTO n January 15, 2021, the U.S. Coast Guard issued an Advanced(1) presence of overnight accommodations;of passengers, type of NoticeofProposedRulemaking(ANPRM)regarding(2) operational risk factors such as number Safety Management Systems (SMS) on domestic passengerservice, or size of ferry system; vessels.TheCoastGuardisseekingpubliccommentregarding(3) age of vessel; and which operations and types of passenger vessels would benefi t from(4) vessel design, including hull material. an SMS and why.This is the fi rst step in the rulemaking process.The Coast Guard further states thata limited scope (rulemaking) WHAT IS A SAFETY MANAGEMENT SYSTEM?would address the intent of the SMS-related recommendations from The ANPRM states, a SMS is a structured and documented setnumerous National Transportation Safety Board and Coast Guard of procedures enabling company and vessel personnel to eff ectivelycasualty investigations on passenger vessels.implementsafetyandenvironmentalprotectionpoliciesthatare specifi c to that company or vessel. An SMS may include, among otherINFORMATION REQUESTEDthings, procedures and policies for vessel operations, maintenance ofWhen considering the content of a possible regulation, the Coast equipment, responding to specifi c types of incidents, for reportingGuardmaylooktothecurrentrequirementsof33CFRpart accidents or other non-conformities, and for conducting internal96,totheISMCode,andtotheTowingSafetyManagement auditsandreviews.TheCoastGuardbelievesthatifproperlySystem in 46 CFR part 138, which provides the option of having implemented, a SMS can reduce human factor error and subsequenta recognized third-party conduct audits of the SMS program.PVA harm to people, property, and the environment through continuoushas consistently opposed Coast Guard abdicating inspection and improvement. oversight responsibilities for the domestic passenger vessel industry to third party organizations.As a result of the International Safety Management (ISM) Code, SMS is already required for U.S. fl ag vessels, including passenger andThe heart of the ANPRM is a series of 22 questions the Coast Guard small passenger vessels carrying more than 12 passengers, operatingaskstohelpdevelopamoreinformedrulemaking.Theseareas onaninternationalvoyage.Theimplementingregulationsandfollows:functional elements of a SMS are contained in Title 33 Code of Federal Regulations, Part 96. 1. For which types of passenger vessels should the Coast Guard require an SMS? How should the Coast Guard consider factors WHY HAS THE COAST GUARD ISSUED THE ANPRM? such as vessel size (including but not limited to length, tonnage, In the 2010 Coast Guard Authorization Act, Congress amendedor capacity), design, age, type of service, hull material, overnight Title 46 U.S. Code Chapter 32 to include domestic passenger vesselspassenger vessels to implement safety management systems, taking to the type of vessels required to implement a SMS.The amendmentinto account the characteristics, methods of operation, and nature didnotdictatethatalldomesticpassengervesselsbesubjecttoof service of these vessels, and, with respect to ferries, the sizes of the a SMS; rather, it is left to the Coast Guard to develop regulationsferry systems within which the vessels operate), accommodations, appropriate for the industry.size of ferry system, or number of passengers?Additionally, the National Transportation Safety Board (NTSB) has2.Whatbenefi tswouldascalableandstructuredSMSprovide over the past two decades issued and reiterated recommendations topassenger vessel owners, managers, and operators? Should fl eet size the Coast Guard to require SMS on the domestic passenger vesselbe a consideration?industry.The most recent reiteration was following the investigation of the fatal fi re and loss of the M/V Conception in September 2019. 3. Have you encountered situations in which information about safety risks or best practices was known to one vessel, or operational The purpose of the ANPRM is to gather information from thedivision of a vessel or business, but not shared with others that might industry and the public regarding the scope and applicability of anyuse it to prevent incidents? To what extent would an SMS encourage proposed regulations.The Coast Guard states in the ANPRM it issharing or prevent the isolation (siloing) of information? If yourconsidering whether a potential new rule should be limited basedanswer changes depending on the nature or size of the business, on:please include that information.SAFETY MATTERS 30 FOGHORN'