This is from the day 2 hearing February 7, 2017.
Examination of Jaideep Sirkar by Dr. Stettler.
Sikar: - This standard, this rule, this criterion in 170.170 of initial GM, has been applied successfully for many years now, for both – for cargo ships. However, with time, the proportions of ships have been changing and ships that, while meeting the initial GM criteria, but for other reasons such as relatively low freeboard or perhaps other proportions, they would not have sufficient stability beyond the initial small angles of heel even though they met the criterion. So there was a rulemaking process to complement this initial GM criterion with additional criterion similar to what is contained in the 2008 Intact Stability Code of IMO. So the Coast Guard proposed additional standards within that Section 170.170.
As part of the rulemaking process, in the final rule stage, the Coast Guard determined that that proposal would be not implemented. There were comments made and the Coast Guard generally agreed that while the stability standards in 170.170 could possibly be improved with additional criteria related to righting levers, in the final rule stage, the Coast Guard did not implement what was proposed, and it is all there in the record.
It seems that the USCG never implemented more stringent rules also not for ships with a low freeboard like the El Faro. I wonder why?