REGULATIONS

Subscribe to the Marine Log Offshore Newsletter

Insights into the evolving offshore market

The Biden administration’s just announced plans to jump-start U.S. offshore wind will generate a boom in demand for specialized Jones Act-compliant vessels and services. To help give you the insights needed to meet the needs of the new market, we have launched a new weekly newsletter, Marine Log Offshore.

Marine Log will also host a podcast and webcast series focusing on the latest in offshore wind farm development, policy and regulation and the implications for U.S. shipyards and vessel operators.

Rules of the Road, E-documents and Firefighting Training

By C.F. St. Clair

This month’s report focuses on three recent maritime policy issues: a Mississippi River accident and a court’s decision regarding Coast Guard “rules of the road;” the Coast Guard’s proposal to modify firefighting training for personnel on Western Rivers and the inland waterways, open for public comment until November 1; and a Coast Guard final rule, allowing electronic filing of safety documents at oil, gas and hazardous material terminals.

A Restricted Vessel?

On January 3, 2019, the M/V Strandja, a 610-foot oceangoing ship, was departing anchorage on the Mississippi River near Chalmette, La. Suddenly, the Strandja began topping around, moving into the path of the downbound pushboat Kieffer E. Bailey and six barges. A collision, unfortunately, occurred. Who was at fault?

This case was recently highlighted by Texas attorney Carra Miller, senior associate with Welder Leshin LLP, in her maritime client newsletter. Miller notes that for the U.S. District Court for the Eastern District of Louisiana, this case was an “issue of first impression,” i.e., first time dealing with this set of issues.

The court’s ruling, Miller explained, establishes greater clarity on inland waterway rules and operational liabilities, particularly with Coast Guard Navigation Rule 18 – “Responsibilities Between Vessels”—which requires a power-driven vessel to keep out of the way of a restricted vessel.

The Strandja’s legal team claimed that the Bailey was at fault because its strike violated Rule 18. Attorneys argued the Strandja was a “restricted vessel” because one of its anchors was still down. Therefore, as required by Rule 18, the Bailey needed to yield.

“No way,” countered the Bailey’s attorneys. They argued—successfully—that the Strandja could not claim standing as a “restricted vessel.”

Importantly, restricted does not mean impaired and, to be clear, restricted is not a wide-open concept. In fact, Navigation Rule 3(g) defines a restricted vessel as one “which from the nature of her work is restricted in her ability to maneuver as required by these Rules and is therefore unable to keep out of the way of another vessel.”

Note the highlighted reference to work, which Rule 3(g) limits to six broad tasks, ranging from pipeline work to aircraft recovery to certain towing operations.

Bailey attorneys also pointed out that the Strandja did not display the required balldiamond-ball signal indicating a restricted status. Strandja attorneys said an anchor ball signal (for the downed anchor) showed this was a restricted vessel, requiring the Bailey to change course.

On August 21, Chief Judge Nannette Jolivette Brown sided with the Bailey legal team, ruling that the Strandja was not a restricted vessel under Rule 18. She wrote further “heaving anchors is not ‘work’ as defined by Rule 3(g).” And she noted the absent ball-diamond-ball signal, as required by Rule 27.

Judge Brown granted the Bailey team’s motion for partial summary judgement. Firefighting Training: Proposed Modifications

On September 1, the U.S. Coast Guard moved to revise firefighting training requirements for national Merchant Mariner Credential endorsements as master of towing vessels (limited) or mate (pilot) on inland waters or Western Rivers routes. For employees—and employers if they pick up the tab—this could save money since required courses would be shorter, taking less time. The Coast Guard doesn’t foresee any reductions in safety.

The proposed changes would be limited, affecting just the personnel working on the Western Rivers or inland waterways. Those mariners would no longer have to train on equipment required on ocean going or Great Lakes vessels. However, if a person shifted employment to those vessels, that move would require the expanded training.

The proposal follows suggestions from two Coast Guard advisory committees—the Merchant Marine Personnel Advisory Committee and the Towing Safety Advisory Committee, under study since 2013. The proposal emphasizes that “basic firefighting training for national officer endorsement as master or mate (pilot) of towing vessels on inland waters and Western Rivers should be retained,” but it can be limited to the equipment required aboard vessels in those waterways.

This proposal is open for comment until November 1.

Final Rule: Electronic Submission

Liquefied natural and hazardous gas facilities and oil or hazardous materials bulk facilities which transfer those materials to a vessel (greater than 250 barrels) are required to maintain an Operations Manual and an Emergency Manual. Two copies of each must be submitted to the Captain of the Port for approval before a facility can operate, requirements last set in 1996.

This updated rule removes the two-copy requirement, allowing submission of one printed or electronic copy of each manual and it allows facilities to maintain either a printed or electronic copy.

Watch for upcoming, similar moves to expand e-filing, e.g., with Facility Security Plans. The Coast Guard writes that it is “exploring the long-term feasibility of expanding this capability” within future rulemakings.