Maritime Alert
June 2008
Authors:
Susan B. Geiger
+1.202.661.3818
susan.geiger@klgates.com
James A. Sartucci
+1.202.778.9374
jim.sartucci@klgates.com
J. Timothy Hobbs
+1.202.661.3755
tim.hobbs@klgates.com
K&L Gates comprises approximately 1,500
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America, Europe and Asia, and represents
capital markets participants, entrepreneurs,
growth and middle market companies,
leading FORTUNE 100 and FTSE 100
global corporations and public sector
entities. For more information, visit www.
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www.klgates.com
Coast Guard Marine Safety Performance Plan:
Are Changes Really Coming?
The maritime industry has spoken. Coast Guard has responded. Are improvements in Coast
Guard marine safety functions really coming? Major changes require major funding. In
the battle for scarce federal dollars, voices count. The industry must speak up to support
these changes if they are to become a reality.
Last year, the so-called “Iron Triangle” of industry-agency-Congressional support for the
Coast Guard was broken. With homeland security missions demanding priority attention,
Coast Guard’s inspection and marine safety functions were, from the industry’s point of
view, suffering from inattention and inexperience, leading to costly delays and aggravating
operational problems for industry. A Congressional hearing on the problems aired
frustrations on both sides. At the request of the Commandant, retired Vice Admiral James
Card investigated the problems and developed a number of recommendations intended to
restore and improve Coast Guard focus on marine safety, while retaining Admiral Allen’s
organizational consolidation at the sector level.
Coast Guard has now taken the next step, issuing for public comment its five-year
plan for improvements in marine safety functions. Comments on the plan are due by
July 20, 2008. Comments may be submitted electronically via MSPerformancePlan@
uscg.mil.
Performance Plan Initiatives
Coast Guard will undertake six major initiatives over the next five years.
1. Superior Workforce: To achieve improvements in its workforce, Coast Guard will
• Increase marine inspector and investigator capacity, by adding 276 personnel to the
program, paid for in part by user fees received from the expanding number of U.S.flag vessels subject to inspection
•Strengthen marine inspection and investigation consistency by adding civilian
positions
• Increase accessions from maritime institutions by strengthening recruiting efforts
at maritime colleges
• Expand career paths in marine safety and professional marine safety training
and education
• Expand opportunities for maritime industry training and enhance engineering
capacity
2. Superb Service Delivery: To enhance service delivery, Coast Guard aims to
• Establish centers of expertise focused on specialized areas of industry
• Improve information technology systems
•Increase rulemaking capacity to expedite regulatory implementation
• Improve mariner credentialing and conduct independent evaluations
Maritime Alert
3. Q
uality Management: To improve management,
Coast Guard will
• Improve management accountability by improving
accessibility and transparency.
• Strengthen program management by developing
cooperative relationships with operational
commands, industry customers and other
stakeholders
• Develop a “Balanced Scorecard” that includes
customer satisfaction metrics and implement a
Quality Management System defined by a set of
policies, processes and procedures for planning
and execution of marine safety mission activities
4. B
oat Responsibly: While a popular activity,
recreational boating results in the third largest
annual number of transportation fatalities. To
improve boating safety, the Marine Safety Plan
includes actions to
• Assess effectiveness of boating education
• Improve safety communications
• Increase carriage of safety equipment
• Increase compliance with navigation rules
• Assess the effectiveness of efforts to curb BoatingUnder-the-Influence (BUI)
• Increase boating manufacturer compliance with
Coast Guard regulations
• Improve proper and timely accident reporting
5. S
afe Tow: To improve towing vessel safety,
the Coast Guard will
• Develop regulations for towing vessel inspection
for certification, which will be phased in over a
four-year period beginning in 2011
- Towing vessels that do not comply with the new
requirements may be removed from service
- This plan is expected to increase the number
of vessels subject to Coast Guard inspection
by 40%
• I ncrease towing vessel inspections and the
workforce to conduct such inspections
• Increase safety partnerships and outreach programs
related to towing vessels
6. F
ish Safe: To carry out its mandate to minimize
marine casualties associated with commercial
fishing, Coast Guard will
• Increase outreach and communication to improve
prevention efforts, including developing a
voluntary Dockside Examination Program
• Expand partnerships by continuing to work with
industry advisory committees, fishery management
councils, National Institute for Occupational
Safety and Health, and state fisheries regulators
• Coordinate maritime law enforcement with fishing
vessel safety by challenging Coast Guard district
commanders to implement robust safety programs,
detect violations and educate the industry
The K&L Gates Maritime Group represents a broad range
of maritime entities on litigation, regulatory and legislative
matters, including all elements of the ongoing disputes over
discharges from vessels and compliance with environmental
and safety regulations.
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qualified in Delaware and maintaining offices throughout the U.S., in Berlin, in Beijing (Kirkpatrick & Lockhart Preston Gates Ellis LLP Beijing
Representative Office), and in Shanghai (Kirkpatrick & Lockhart Preston Gates Ellis LLP Shanghai Representative Office); a limited liability partnership
(also named Kirkpatrick & Lockhart Preston Gates Ellis LLP) incorporated in England and maintaining our London and Paris offices; a Taiwan general
partnership (Kirkpatrick & Lockhart Preston Gates Ellis) which practices from our Taipei office; and a Hong Kong general partnership (Kirkpatrick &
Lockhart Preston Gates Ellis, Solicitors) which practices from our Hong Kong office. K&L Gates maintains appropriate registrations in the jurisdictions
in which its offices are located. A list of the partners in each entity is available for inspection at any K&L Gates office.
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