| The passenger vessel industry is broadly and comprehensively regulated by federal, state, and local authorities. The Passenger Vessel Association as a national trade association is principally concerned with regulation that originates at the federal level and that has wide applicability to the industry.
We do become active in local and regional issues when they are likely to be precursors of national activity or create potential conflicts for our members.
To address the Association's responsibility to its members in this area there is a Regulatory Issues Committee composed of vessel and associate members that develops an appropriate Association response on matters of regulatory public policy. The Association's professional staff monitors federal regulatory agency agendas and refers appropriate items to the committee. The committee develops the Association's position for the edification of the individual members and encourages its use in their individual participation in the public policy development process. These forums can be public meetings, formal hearings, regulatory dockets, or individual business contacts.
Membership on the Regulatory Issues Committee is voluntary and has provided Association members with unique interfaces with government officials and insight into the administrative law processes of the regulators.
Several of the following issues are the subject of current FEDERAL REGISTER notices and are have extensive dockets. These dockets can contain an entire history of a regulatory activity and are excellent depositories of government planning documents, industry comments, the public/private give and take, and resolution.
Average Passenger Weight
The National Transportation Safety Board noted in one of its investigations involving a pontoon type water taxi that the average passenger weight used in Coast Guard vessel stability calculations did not reflect current demographic data on U.S. citizen average weights. The Board recommended the Coast Guard review the effect of the differences and to use a recently adopted Federal Aviation Administration weight study in calculating pontoon vessel stability.
The Passenger Vessel Association supported such a review and volunteered to assist the Coast Guard in that process. The Coast Guard instead chose to issue a notice of voluntary recalculation of passenger capacities based on a higher average passenger weight while developing a Notice of Proposed Rulemaking.
PVA strongly objected to this interim step and the contracting out of significant portions of the regulatory process. The issue remains unresolved.
Docket is available at http://dms.dot.gov/search/searchFormSimple.cfm. Enter 22732
PVA Comments to Docket on Voluntary Passenger Weight Increase
Reasonable Operating Conditions
In a notice issued on voluntary recalculation of new passenger capacities based an updated citizen demographic (see Average Passenger Weight) the Coast Guard also defined reasonable operating conditions for vessels in protected water service. The Passenger Vessel Association challenged the breadth, clarity, enforcement and applicability of the definition. Some modifications have been made to the original language. A communication to the Coast Guard field offices further clarifying the intent is pending.
Docket is available at http://dms.dot.gov/search/searchFormSimple.cfm. Enter 22732
Control of Emissions from Marine Compression-Ignition Engines
On April 3, 2007 the Environmental Protection Agency published a comprehensive Notice of Proposed Rulemaking (NPRM) to reduce nitrogen oxides (NOx) and particulate matter emissions from marine diesel engines. This rulemaking covers all propulsion and auxiliary diesel engines installed on vessels that are less than 30 liters per cylinder. Engines currently in use are considered Tier 0 and Tier 1 emission technology applications. Current production engines are now rated at Tier 2. The NPRM establishes standards for new Tier 3 and Tier 4 engine ratings. Tier 4 engines are those that are rated at 600 KW or approximately 805 HP. Tier 3 engines are those with lower power ratings. Overlaying these Tier designations is a classification for category—recreational and two levels of commercial.
The NPRM lays out compliance time lines for certain NOx and particulate matter reduction goals by category and Tier. The NPRM concludes that Tier 3 reductions can be accomplished within the engine cylinder of future engine designs. Tier 4 will require post combustion controls with urea injection, catalytic converters and particulate filters.
The Passenger Vessel Association is actively participating in the review and comment on the proposed rules. PVA is concerned that the notice proposes compliance dates based on assumed technological developments. This is an area of concern for Tier 3 engines. Tier 4 engines and the necessary after treatment appear problematic for new vessels and prohibitively so for re-powering of existing vessels.
Docket is available at http://www.regulations.gov/fdmspublic/component/main. Scroll to EPA-HQ-OAR-2003-0190.
This NPRM is also available on the Government Printing Office site http://www.gpoaccess.gov/fr/advanced.html. April 30, 2007 under EPA
Accessibility of Passenger Vessels
Passenger vessels are subject to the Americans With Disabilities Act (ADA) as places of public accommodation and/or transportation. The Department of Transportation will issue regulations based on accessibility guidelines being developed by the United States Access Board.
Currently the Access Board is completing the review and analysis of the report of the Passenger Vessels Access Advisory Committee (PVAAC) and public responses to a notice of availability of draft large passenger vessel guidelines (vessels carrying more than 150 persons and all ferry vessels). Action on a Notice of Proposed Rulemaking (NPRM) on small passenger vessels (those carrying 150 or fewer passengers) has been deferred pending adoption of large passenger vessel guidelines.
Concurrently the Department of Transportation, the regulatory agency for passenger vessels, has an NPRM under consideration for the customer service aspects of vessel operator compliance with the Americans With disabilities Act.
The Passenger Vessel Association has supported the concept of passenger accessibility from the beginning. The Association and individual members were named members of PVAAC and have participated in every public meeting and hearing concerning passenger vessel accessibility. Our vessels have hosted regulators, disability advocates, government staff, and participated in case studies all in support of developing workable accessibility standards.
The entire public history of Access Board's and the Department of Transportation's guidelines and regulatory development process is available on the Access Board's web site.
The Access Board information including DOT notices is available at http://www.access-board.gov/. Click on Passenger Vessels under Transportation in the left hand column.
The DOT NPRM docket is available at http://dms.dot.gov/search/searchFormSimple.cfm. Enter 26829.
Comments to Access Board - July 28, 2005
Statement to the U.S. Access Board - July 25, 2005
Statement to the U.S. Access Board - June 24, 2005
Non-Tank Vessel Response Plans
The Coast Guard and Maritime Transportation Authorization Act of 2004 requires all vessels greater than 400 GT measured under the international Tonnage Act (ITC) have in place a spill response plan for all worst case spill scenarios. The Coast Guard has published a Navigation and Vessel Inspection Circular (NVIC) with guidance but has not yet begun a rule making to address this statutory requirement, but operators must submit a plan to Coast Guard in order to be in compliance with this law.
PVA provides you with a plan template that has been reviewed by Coast Guard. By inserting your company specific information, you have the plan you need to submit during the interim time.
The Coast Guard NVIC is available at http://www.uscg.mil/hq/g-m/nvic/index00.htm. It is numbered 01-05 Chg 1.
Transportation Worker Identification Credential (TWIC)
As of September 25, 2008, all persons requiring unescorted access to a vessel or a facility regulated by the Maritime Transportation Security Act (MTSA) will require a TWIC card. For information, visit the frequently asked questions as well as the current schedule of enrollment center opening dates on the Transportation Security Act (TSA) web site www.tsa.gov/twic
TWIC enrollment began October 17, 2007 in Wilmington, DE, Corpus Christi, TX on November 1, 2007 with 8 other ports opening by November 8, 2007. For the complete list of 147 permanent enrollment centers and the expected opening dates, visit http://www.tsa.dhs.gov/assets/pdf/twicquarterlydeploymentschedule.pdf
PVA Comments to Docket On Transportation Worker Identification Credential
PVA Testimony on Transportation Worker Indentification Credential
Merchant Mariner Licensing
PVA Comments to Docket on Merchant Mariner Licensing
Merchant Mariner Credential (MMC)
PVA Comments to Docket on Merchant Mariner Credential (MMC)
Drug Testing For Marine Employers
All marine employers are required to establish a drug testing program for all employees serving in a safety sensitive position. This includes pre-employment, post-accident, random, and drug testing for cause. Download the "Guide for Marine Employers," a manual written by the U.S. Coast Guard with all the information an employer needs to meet this requirement.
In addition, all employers are required to conduct post-accident alcohol testing within two hours after a serious marine incident (SMI). Click here for a list of U.S. Coast Guard approved testing devices: http://www.uscg.mil/hq/g-m/moa/revtest.htm.
Employee's Drug Testing History
Any new employee that you hire that has previously worked in a safety sensitive marine employment must provide the new employer with information about their previous drug testing. PVA has provided three sample forms to assist in documenting compliance with the U.S. Department of Transportation rule requiring that a marine employer seek to obtain the drug and alcohol testing history of a prospective employee for a safety-sensitive position on a vessel. The three documents are:
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