Penoyer said the Coast Guard has not been waiting for a final investigation report to begin taking action. He said the agency implemented a new, voluntary loading standard for pontoon boats based on a higher average weight per passenger of 185 pounds. A proposed mandatory standard is still hung up in a lengthy rule-making process.
(To some extent, the issue of regulations for commercial pontoon boats is moot for Baltimore because they are no longer used here. The water taxis that now operate in Baltimore Harbor are more conventional, single-hull boats, according to the Coast Guard.)
Penoyer said the Coast Guard also has tightened its rules on the use of "sister ships" to set passenger limits. "All measures of stability on small vessels have been re-examined to see we haven't missed anything," he said.
But serious differences remain on several issues, according to the continuing correspondence between the Coast Guard and the NTSB over proposed regulations.
One of the sharpest disputes has arisen over the weather issue. The NTSB has expressed dismay at the Coast Guard's reluctance to spell out the wind and wave conditions in which small craft should not operate.
"The safety board is particularly disappointed that the proposed regulation would continue to rely on the undefined phrase 'reasonable operating conditions' on a pontoon boat's certificate of inspection rather than providing definitive operational guidance to the vessel's operator," the NTSB wrote in November. That standard, the NTSB said, "did not constitute adequate practical guidance to the master of the Lady D."
The Coast Guard has so far rejected the call for the level of specificity the NTSB is seeking, warning against a "one-size-fits all approach."
Differences also continue regarding the issue of ensuring vessel stability. The NTSB and Coast Guard have clashed over the proper procedures for determining the stability of pontoon boats.
Seven months after the Lady D's capsizing, the Coast Guard issued new guidelines for calculating a pontoon craft's ability to resist tipping in strong winds or with weight shifts onboard. In response, the NTSB accused the Coast Guard of changing its testing formula in a way that would "reduce the safety margins" for pontoon boats by allowing them to carry more passengers than the board believes is safe.
Last month, the Coast Guard delivered noncommittal responses to the NTSB on its recommendations, saying merely that it would "evaluate the next regulatory action to be taken."
