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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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.

8. Inspection Tools: 840 Book

9. 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

10. 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

11. 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 Five in 2015 and nine in Fines ranged from $2500 to $100,000.

12. 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

13. Questions?