Background:

The 2002 Supreme Ct decision in Chao v Mallard Bay essentially said that if the USCG did not inspect a vessel (in this case a jack-up barge) then OSHA would have jurisdiction. Almost overnight the Coast Guard went from being the towing vessel’s enemy to its best friend. Shortly after the decision the US towing industry, represented by the American Waterways Operators, petitioned the Coast Guard to become an inspected vessel industry.

Coast Guard Act 2004:

The Maritime Transportation Act of 2004 added towing vessels to the list of vessels subject to Coast Guard inspection, and authorized the Secretary of Homeland Security to consider a safety management system as a key element of the new inspection regime.

In September 2004, the Coast Guard tasked the Towing Safety Advisory Committee (TSAC) with assisting the agency in developing an inspection system for towing vessels. In October 2005, TSAC approved a comprehensive report that made recommendations to the Coast Guard on the content of a new inspection regime for towing vessels. TSAC issued updated recommendations to the Coast Guard in September 2006, May 2007 and April 2008. 

Mel Oliver Incident:

On July 23, 2008 the towboat “MEL OLIVER” was pushing a loaded fuel barge and steered into the path of the tanker “TINTOMARA”, spilling 280,000 gallons of No. 6 fuel oil into the Mississippi River. The towboat was being operated by a crewman with an apprentice steersman license. 

Congressional Hearings:

As a result of the “MEL OLIVER” incident the United States Congress held hearings and took the Coast Guard to task over not having a towing vessel inspection program in place.

The Coast Guard came out on record as saying that they would have the long awaited Subchapter M Towing Vessel Inspections Proposed Rule Making issued by “Spring of 2009”.

Operation “Big Tow”:

The initial reaction to the congressional hearings was Operation “Big Tow”, where the USCG boarded numerous tugs and towboats, mostly in the western rivers area, and inspected for correct licenses.

Towing Vessel Bridging Program:

The outcome of the “Mel Oliver” incident, the subsequent congressional hearings, and Operation Big Tow is an official USCG program titled the “Towing Vessel Bridging Program”. Essentially the bridging program takes steps to begin enforcing existing regulations, like 46CFR Part 27 rules (fire detection systems, remote fuel shut off, etc.), as well as increase inspection billets, in advance of the actual USCG Towing Vessel Inspections.

Future:

The Coast Guard seems to be heading in the right direction by instituting the Towing Vessel Bridging Program. For several years now enforcing existing regulations has been done only by knowledgeable marine surveyors. The bridging program will help both the Coast Guard, and the industry, to make the leap to an inspected vessel industry. 

Safety Management Systems will be part of the new inspection regime. Having a system in place prior to the start of inspections will only make the transition that much less painful.