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SAFETY RECOMMENDATIONS: The purpose of safety recommendations is to identify corrective actions the Coast Guard, or other substantially involved federal agencies, should take to address known unsafe conditions, action, or other unwanted outcomes to prevent future casualties and improve safety of life at sea as required in 46 USC 6301.  An Investigating Officer or a Marine Board of Investigation considers making safety recommendations when their investigation indicates that laws, regulations, or the policies, tactics, techniques, and procedures that implement those laws, are inadequate or missing and that identified unsafe conditions, actions, or other unwanted outcomes may be mitigated through the amendment, repeal, or proposal of those laws, regulations, policies, etc.

In accordance with 46 CFR §4.07-10, safety recommendations are submitted to and subject to a process of review and endorsement by the cognizant Officers in Charge, Marine Inspection, and District Commanders.  For those recommendations that are addressed to the Commandant, once they are endorsed by the OCMI and District Commander, they are reviewed by the appropriate program office(s) at Commandant and a final response (i.e. final action) determined.

 

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Recommendation Category Communication
MISLE ID 6573
Recommendation

The Coast Guard should actively pursue stricter policy measures that would ban the use of private communication channels when navigational issues are the topic of such communication.  All mariners navigating vessels along the river have a due-diligence responsibility to ensure safety.  It is therefore necessary that all mariners maintain awareness of the location and intentions of other vessels within their immediate navigational area.  Communication over regulated channels provides guidance for required monitoring of such information.   However, use of private channels makes it impossible for mariners, other than those using such private channels, to know the navigation intentions of other vessels.  Moreover, bridge personnel responsible for the safe navigation of their own vessel are deafened to all communications regarding passing arrangements, hazards, or other issues which may directly impact their decisions.  (See also the prior discussion re: regulations in Section L, page 21).  If the various Pilot’s Associations want their members to be able to use hand-held devices they should file a waiver request and receive approval for such use in accordance with the requirements of US Code Title 33, Chapter 24, as further promulgated in 33 C.F.R Part 26.  
 
OCMI Endorsement

Recommend "Killing" this recommendation as it was NOT a contributing factor to this incident. 
District Endorsement

No endorsement
Final Action

I do not concur with this recommendation. As stated in the Officer In Charge’s endorsement to this recommendation, the recommendation was not supported by the facts of the investigation.  The use of private channels was not a contributing factor in the events leading to the incident. 
Investigation ID 2653934
Incident Date 5/19/2006