Navigating the Regulatory Seas

Navigating the Regulatory Seas

Post Conference Overview

      The 2010 Navigating the Regulatory Seas session began with a briefing by Captain Deborah Hayes, Chair of ASTA’s Ship Operations and Safety Committee on current and pending EPA regulatory changes affecting operators, followed by highlights from the recently approved United States Coast Guard Reauthorization Bill. Among the items covered in this new legislation are changes to the rules regarding who must hold a TWIC (Transportation Worker Identity Credential).
     Luke Harden, Chief of the USCG Mariner Credentialing Program Policy Division gave an outline of expected changes to regulations and licensing as a result of the 2010 amendments to the IMO’s (International Maritime Organization) STCW (Standards for the Training and Certification of Watchstanders) convention and code. These amendments were adopted during the IMO meeting in June held in Manila and are often refered to collectively as the “Manila Amendments”. 
     Closing the session was a joint presentation by Mr. Marc Cruder, Senior Traveling Marine Inspector, United States Coast Guard and Captain Jonathan Boulware, Chair of the ASTA working group addressing rigging inspection and safety. Mr. Cruder and Captain Boulware provided an overview of the partnership between the Coast Guard and ASTA working to establish protocols pertaining to the survey and documentation of rigging aboard ASTA member vessels in regard to Coast Guard inspections. Both parties are anticipating a memo of understanding between the two organizations in the coming year.
 Original Summary


Recent sailing vessel rig failures have raised awareness within USCG about rig maintenance and inspection. ASTA’s collaborative effort with the USCG is moving forward, but more work is needed. Mr. Cruder and Captain Boulware will provide and overview of what is being done, and how member vessels can work cooperatively with the Coast Guard.

Mr. Harden from United States Coast Guard Headquarters will be presenting on recent changes to the STCW code and licensing for US mariners.

 Captain Hayes will be discussing miscellaneous regulatory developments that have impacted the sail training industry.


Mark Cruder 

Marc Cruder

 Marc is a 1979 graduate of U.S. Coast Guard Academy and holds a current U.S. Coast Guard license with STCW endorsements as Chief Engineer (Limited-Ocean) – Any Horsepower and Second Assistant Engineer, Steam or Motor – Any Horsepower.  He is also an Accredited Marine Surveyor in Yacht and Commercial Small Craft with SAMS and Affiliate with NAMS.
  He retired from the U.S. Coast Guard after over 21 years of active duty service primarily focused in Marine Safety and specifically field Commercial Vessel Inspection. Following retirement he was briefly employed with Hornblower Marine Services, an international marine management company as their Corporate Director of Vessel Construction, Compliance and Safety before coming back to the Coast Guard in a civilian capacity. Marc currently works as a Traveling Senior Marine Inspector within the Office of Traveling Inspectors and National Centers of Expertise at Coast Guard Headquarters in Washington, D.C.
  Marc’s areas of emphasis include: Small Passenger Vessel Plan Review; High Speed Craft; Wood and Composite construction/repair; Historic Vessels including Sail, Steam and Riveted Construction; Subchapter W Safety Assessments and the Coast Guard’s Streamlined Inspection Program. He is also the Traveling Inspection Staff’s Consultant to the Vintage Vessel National Center of Expertise located in Duluth, MN charged with oversight of legacy U.S. Flag Vessels with as-built systems and or arrangements that predate the applicability of current regulations.
  Noteworthy accomplishments include Primary author of Navigation and Inspection Circular 7-95: “Guidance on Inspection, Repair and Maintenance of Wooden Hulls”, Interim Project Manager for Revision to Small Passenger Vessel Inspection and Certification Rulemaking (Subchapter T and K), Contributing Author to Honolulu Inspection Note #13: “Inspection of Sail Rigging and Masts on Inspected Small Passenger Vessels”
Mr. Cruder last spoke to ASTA at the November 2003 Forum after being called in to evaluate ERNESTINA on drydock subsequent to her 2002 flooding casualty
  The Office of Traveling Inspectors and National Centers of Expertise is a unique and specialized staff of Marine Inspection specialists that supports the U.S. Coast Guard’s Marine Safety Program field missions, programs and policy nationally and internationally. The small staff of Senior Marine Inspectors are focused to the inspected commercial vessel fleet from small passenger vessels to deep draft ships. They are on call to provide technical consult to field commanders and their marine inspectors on a range of issues from repair to policy implementation and regulatory compliance. The Traveling Staff also provides direct feedback to guide Marine Safety Program policy and direction while overseeing program effectiveness. They are regularly tasked to handle issues of particular program concern and act as Industry advocates to broker those concerns while working to solution.
  Aside from mandatory cadet time on the USCGC EAGLE, he is a lifelong recreational sailor and cruises the Chesapeake Bay on a 25 ft. Wittholz designed “Prudence” gaff rigged catboat.

Deborah Hayes

Deborah Hayes

Captain Deborah Hayes is Director/Captain of the Geronimo Program at St. George’s School in Newport, Rhode Island USA. Deborah been in the sail training industry since 1986 working with both youth and adults. Over the years she has worked as Mate, Education Office, Assistant Scientist and Captain.  She serves on the Board of Directors of the American Sail Training Association (ASTA), is Co-chair of their Ship’s Operations and Safety Committee and works on the ASTA Conference Steering Committee.



Jonathan Boulware

Jonathan Boulware

Jonathan Boulware has been working in sail training vessels since his first ocean passage in “H.M.S.” Rose in 1992. He grew up sailing traditional small craft in the Mystic and Connecticut Rivers and has sailed in more than a dozen ASTA vessels as master or mate on both Pacific and Atlantic coasts including extensive experience in New England waters. He has served as Master, Mate, and Director of Marine Education, and on the Board of Directors for numerous programs including day environmental education, multi-week team building and leadership, and long-term adjudication.  In addition to sailing as captain in several ASTA member vessels, Captain Boulware works as a consultant/project manager for both land-based construction and shipyard construction and refit, representing clients in both the non-profit and for-profit sectors. He holds a USCG license for sailing vessels to 500 tons upon oceans. When he’s not in the shipyard or afloat, he cycles, surfs, and makes things out of wood. He lives in Branford, CT with his wife and four year-old son (who, he’s happy to report, was off soundings before he was six months old.)

Jonathan Kabak 

Jonathan Kabak

Captain Jonathan Kabak has literally grown up in the sail training industry.  Since his start as a young volunteer at South Street Seaport Museum he has sailed on over a dozen ASTA member vessels and now holds a 500ton Ocean Masters License for Steam, Motor and Auxiliary Sail.  A graduate of Franklin Pierce College with a Bachelor of Arts in History and a focus on education, Jonathan has spent his career developing and implementing programs under sail.

  He recently took command of the United States Merchant Marine Academy flagship, T/V Summerwind, a 1929 Alden schooner. When not busy taking Midshipmen to sea, he is an instructor for the Global Maritime and Transportation School (GMATS) at Kings Point, which provides STCW training and professional development courses to mariners. 
  He is a member of ASTA’s Ship Operations and Safety Committee where he works on issues pertaining to rigging safety and licensing.  He and his wife Jennifer are family members of ASTA and split their time between New York and Providence, RI.

Luke Harden

Mr. Luke Harden presently serves as a member in the office of Vessel Activities as chief of the Mariner Credentialing Program Policy Division (CG-5434).  This division is responsible for the establishment, review, and revision of mariner credentialing policy in the Coast Guard.  CG-5434 also reviews all appeals of mariner applications for Admiral Cook.  Mr. Harden is a graduate of the Coast Guard Academy in New London, Connecticut.  Upon graduating from the Coast Guard Academy in 1984, he was assigned as a student engineer on the CGC CONFIDENCE (WMEC 619), Port Angeles, WA.  Following that assignment, he served as the Deck Watch Officer & Navigator on the CGC Rush (WHEC 721), Alameda, CA.  Later he served as a Marine Inspector/Casualty Investigator/License Examiner at MSO Puget Sound, Seattle, WA; Senior Investigator at MSO Portland, Portland OR; Chief, Inspection, Licensing, & Investigation Departments at MSO St. Louis, St. Louis, MO; as a regulatory project officer within the office of Operating and Environmental Standards of Coast Guard Headquarters, and as a subject matter expert in the matters of mariner credentialing in the Mariner Credentialing Program Policy division. In 2004, Mr. Harden retired from the Coast Guard after 20 years of active duty service. He was hired by the USCG as a maritime transportation specialist to work on matters pertaining to merchant mariner  credentialing to include development of policy and regulations.


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