Reconsideration and Appeals Eric P. Christensen Director of Regulatory Affairs and Risk Management Passenger Vessel Association

Reconsideration and Appeals Sometimes you just do not agree with the Coast Guard Inspector Changes to COI Requirement issued during inspection The regulations have a process to disagree Title 46 Code of Federal Regulations Part 1.03 Remember… It’s business, not personal Senior Coast Guard leadership has stated that retribution will not be tolerated

Reconsideration and Appeals Reconsideration is the first step Inspector Chief of Inspections Prevention Department Head Officer in Charge Marine Inspection (OCMI) Explain why you believe the Coast Guard is incorrect Item or installation previously approved? Documentation? Reconsideration should be in writing

Reconsideration and Appeals “Efforts to resolve any disagreements should always be made first at the local level. If agreement cannot be reached with the OCMI, the affected party should submit a formal appeal in writing as indicated in 46 CFR 1.03.” Marine Safety Manual, Volume II

Reconsideration and Appeals The Appeal Process OCMI District Commander Coast Guard Headquarters Appeals start when the OCMI denies your request for reconsideration 30 days to initiate appeal Appeal goes through the OCMI to the District Commander Send a copy to the District

Reconsideration and Appeals Requirement remains in effect during appeal; however… District Commander can “stay” the requirement Stay should be requested if operations are limited Coast Guard Headquarters can also stay the requirement At each step in the process the vessel owner has 30 days to respond Coast Guard does not have the same timeline Is it easier to just roll over and comply – Yes Is it the right thing to do - No

Manage Your inspection Know the requirements for your vessel Existing vessel? Operating limitations on COI Be ready for inspection You know the Coast Guard is coming Control the inspection Have a schedule ready to go when inspector shows up.

Inspection Tools: 840 Book

Issues on the Radar Sharing the Waterway Growing recreational boating population especially human powered craft such as kayaks and stand up paddleboards NTSB Safety Recommendation Report Illegal Charters Boatsharing apps CG/PVA working group Need to educate public, credentialed mariners and vessel owners on applicable regulations Safety Recommendation Report: Shared Waterways: Safety of Recreational and Commercial Vessels in the Marine Transportation System

Issues on the Radar Risk Based Inspection Matrix Incentive for good operators Focus limited CG resources where needed Reduce Regulations Focus of new administration Roll back laws that have no implementing regulations Logbook requirements EPA Small Vessel General Permit

Issues on the Radar Interfering with the Safe Operation of a Commercial Vessel CG has increased enforcement Not just rail jumping Fighting Laser Strikes TWIC Reader Rule Impact far less than proposed rules Passenger vessels over 1000 passengers or facilities accepting vessels carrying more than passengers 46 USC 2302(a) 14 incidents from 2015 through 2016. Five in 2015 and nine in 2016. Fines ranged from $2500 to $100,000.

Issues on the Radar Engine Control Automation PVA/CG working group finishing work Will define regulatory compliance and testing regime Alternate Security Program Revision PVA CG approved ASP expires Sep 2017 Incorporate cyber

Questions?