Subchapter M for Tugboats


#21

46 CFR 136.210

Owners and managing operators must submit Form CG-3752, “Application for Inspection of U.S. Vessel,” to the cognizant OCMI where the inspection will take place. The owner or managing operator must submit the application at least 30 days before the vessel will undergo the initial inspection for certification. The owner or managing operator must schedule an inspection for this initial certification with the cognizant OCMI at least 3 months before the vessel is to undergo the inspection for certification.

The OCMI has the option of forgoing the inspection but it is a USCG Inspection or non at all. There is no third party inspection for certification.


#22

"Subchapter M provides two compliance options:

  1. Coast Guard inspection: the traditional inspection model under which all inspections are conducted by the Coast Guard; OR
  2. The Towing Safety Management System (TSMS): this option allows for Coast Guard-approved Third-Party Organizations (TPOs) to inspect and certify compliance. TVIB will operate under this provision of the law."

#23

TVIBs use of the word “inspection” is not the same as the CFRs use of the word inspection in 46 CFR 136.210 or

46 CFR 136.212 - Inspection for Certification
(a) Frequency of inspections. After a towing vessel receives its initial COI, the OCMI will inspect a towing vessel subject to this subchapter located in his or her jurisdiction at least once every 5 years. The OCMI must ensure that every towing vessel is of a structure suitable for its intended route. If the OCMI deems it necessary, he or she may direct the vessel to get underway, and may adopt any other suitable means to test the towing vessel and its equipment.

(b) Nature of inspection. The inspection will ensure that the vessel is in satisfactory condition and fit for the service for which it is intended, and that it complies with the applicable statutes and regulations for such vessels. The inspection will include inspections of the structure, pressure vessels and their appurtenances, piping, main and auxiliary machinery, electrical installations, lifesaving appliances, fire detecting and extinguishing equipment, pilot boarding equipment, and other equipment. The inspection will also determine that the vessel is in possession of any valid certificates or licenses issued by the Federal Communications Commission, if required. The inspection will also include an examination of the vessel’s lights, means of making sound signals and distress signals, and pollution prevention systems and procedures.

© Time of issuance of COI. The OCMI will issue a vessel a new COI after the vessel successfully completes the inspection for certification.

From the TVNCOE website FAQs

FAQ 137-005
What will be the differences between the CG option and the TSMS COI inspections?

Regardless of the option a vessel selects, the scope of the inspection will be the same.

Time spent onboard a TSMS option vessel by the Coast Guard may be abbreviated based on the extent to which the objective evidence provided by the TPO addresses the items discussed in § 136.212(b).

For vessels utilizing the Coast Guard Option, inspections for certification will require attendance by the Coast Guard to verify that all requirements listed in § 136.212(b) have been met.

For additional discussion on COI inspections under the TSMS and Coast Guard options, see FAQ 136-012.

FAQ 136-012
Can the Coast Guard distinguish the scope of inspections for certification for towing vessels utilizing the TSMS option from towing vessels utilizing the Coast Guard option?

Inspections for certification will focus on the items discussed in § 136.212(b), Nature of inspection. Regardless of the option a vessel selects, the scope of the inspection will be the same. However, time spent onboard by the Coast Guard could be abbreviated based on the extent to which the objective evidence provided by the TPO addresses the items discussed in § 136.212(b). In the event that a major non-conformity is found (or a series of non-conformities in sufficient number), the Coast Guard may expand an inspection and can require attendance of a TPO, if needed.

For vessels utilizing the Coast Guard Option, inspections for certification will require attendance by the Coast Guard to verify that all requirements listed in § 136.212(b) have been met.
Towing vessels that are enrolled in the TSMS option will receive a Coast Guard inspection once every five years, beginning with the initial inspection for certification. Towing vessels that chose the Coast Guard option will require annual inspection by the Coast Guard, and inspection for certification once every five years.

FAQ 137-021
What must occur prior to a TSMS vessel receiving its initial COI?

The process that must occur prior to issuance of an initial COI is as follows:

  1. 6 Months Before COI Inspection – If the TSMS and company are in compliance with Sub M requirements, the TPO approves the TSMS. The TPO conducts a management audit and issues a TSMS certificate to the company.
  2. Vessel Surveys and Audits – The company completes an internal vessel survey and an external vessel audit under the internal survey program. The TPO completes an external vessel survey and an external vessel audit under the external survey program.
  3. 3 Months Before COI Inspection – Company schedules initial COI with the OCMI.
  4. 30 Days Before COI Inspection – Company submits application for inspection to theOCMI, along with objective evidence as per §§136.210 and 137.202.
  5. Initial COI Inspection – The Coast Guard conducts the inspection and COI is issued.
  • In some cases a decal will be accepted as the inspection for an initial COI.

TVIB like all other TPOs does audits and surveys that verify compliance, but this is in support of a USCG Inspection for the issuance and renewal of COIs, not in lieu of it.