PACIFIC FALCON

The bunker delivery note shall be kept on board the ship in such a place as to be readily available for inspection at all reasonable times. It shall be retained for a period of three years after the fuel oil has been delivered on board. Vessel record keeping procedures specify retention of bunker delivery notes for only one year. MI's noted that despite inadequate procedures vessel personnel were able to produce all but two bunker delivery notes from the past three years. MARPOL Annex VI Ch. 3 Regulation 18.4

The functional requirements of a TSMS include: Policies and procedures to provide direction for the safe operation of towing vessels and protection of the marine environment in compliance with applicable U.S. law, including the Code of Federal Regulations, and, if on an international voyage, applicable international conventions to which the United States is a party. The vessel's International Air Pollution Prevention Certificate was allowed to lapse. Annual survey was not requested until 2 months after it had lapsed. Company shall conduct an internal audit focused on the maintenance of international certificates and compliance with the same. Audit report and developed corrective actions are to be provided within 3 months.

Every ship of 400 gross tonnage and above... shall to ensure compliance with the requirements of chapter 3 of this Annex, be subject to the surveys specified below:An annual survey within three months before or after each anniversary date of the certificate... to ensure that they have been maintained in accordance with paragraph 5 of this regulation and that they remain satisfactory for the service for which the ship is intended.

Ships of 400 gross tonnage and above referred to in article 3(1)(a) engaged in international voyages... shall be subject to surveys specified below: initial survey before the ship is put into service or before the International Anti-fouling System Certificate (Certificate) required under regulation 2 or 3 is issued for the first time; and(b) a survey when the anti-fouling systems are changed or replaced. Such surveys shall be endorsed on the Certificate issued under regulation 2 or 3. Vessel failed to obtain an International Anti-Fouling Certificate as required.

The bunker delivery note shall be accompanied by a representative sample of the fuel oil delivered, taking into account guidelines to be developed by the Organization. The sample is to be sealed and signed by the supplier's representative and the master or officer in charge of the bunker operation on completion of bunkering operations and retained under the ship's control until the fuel oil is substantially consumed but in any case for a period of not less than 12 months from the time of delivery. On board sample of fuel oil delivered was not adequately sealed and signed. MARPOL Annex VI Ch. 3 Regulation 18.6

The master, owner, operator, agent, or person in charge of any vessel equipped with ballast water tanks that operates in the waters of the United States must follow these practices:… Maintain a ballast water management (BWM) plan that has been developed specifically for the vessel and that will allow those responsible for the plan's implementation to understand and follow the vessel's BWM strategy and comply with the requirements of this subpart. The plan must include…Actions for implementing the mandatory BWM requirements and practices. The BWM plan produced onboard was inadequate for vessel specific procedures to comply with BWM recordkeeping and reporting requirements. 33 CFR 151.2050(g)(2)

The TPO and the owner or managing operator may be required to explain or otherwise demonstrate areas of the TSMS to the Coast Guard if there is evidence that a TSMS, for which a TSMS certificate was issued, is not in compliance with the provisions of this part. Vessel was required to conduct an internal audit after objective evidence indicated that the vessel had missed required external surveys. This audit was never conducted and additional objective evidence indicates that the company was not tracking the issued deficiency as required by 46CFR138.210(e). An internal management audit shall be conducted with a focus on 46CFR137.205(a)(1) and 46CFR138.210(e). This audit shall be attended by the USCG.

If the cognizant OCMI has reasonable cause to believe that a vessel's survey program is deficient, that OCMI may: Require an audit or survey of the vessel in the presence of a representative of the cognizant [name withheld] evidence demonstrated failure of the vessel to adhere to 46CFR137.205(a)(1). An internal audit shall be conducted to review causes and provide corrective action.

The owner or managing operator of a towing vessel that has selected the TSMS option and who has chosen to demonstrate compliance through an external survey program must: Have the vessel surveyed annually by a surveyor from a TPO. Last survey was 21APR2021.