Since the Pennsylvania Historical and Museum CommissionThe Pennsylvania Historical and Museum Commission (PHMC) is the state agency that stewards the U.S. Brig Niagara and Erie Maritime Museum. The PHMC is responsible for the collect... (PHMC) assumed full control of U.S. Brig Niagara on January 1, 2024 they have claimed that they plan on continuing to sail Niagara, albeit in a more limited role and focusing on the northwest coast of Pennsylvania. We are starting to take a look at whether or not PHMC can actually sail Niagara.

Currently Niagara operates under a Certificate of Inspection (COI)The Certificate of Inspection(COI) is a legal document issued by the United States Coast Guard (USCG) confirming that a vessel meets specified safety and operational standards. It ... issued under specific federal regulations, more specifically 46 CFR Chapter I Subchapter R, as a Sailing School Vessel
"Subchapter R" refers to the legal and operating requirements of Sailing School Vessels within the Code of Federal Regulations(CFRs). The Code of Federal Regulations (CFR) is a... (SSV). This dictates certain requirements that Niagara must operate under, like how Niagara is not allowed to take passengers onboard and can only take trainees. If you ever took a day sail on Niagara you were not a passenger, but were instead a day sail trainee. Niagara must work closely with the Officer in Charge, Marine InspectionThe United States Coast Guard Officer in Charge, Marine Inspection (USCG OCMI) is a senior Coast Guard officer responsible for overseeing maritime safety and ensuring compliance wi... (OCMI) with the US Coast Guard to undergo regular inspections and verify that they are meeting various requirements in the CFRsThe US Code of Federal Regulations (CFR) is a compilation of rules and regulations issued by federal agencies, with several sections dedicated to maritime matters. These regulation.... The OCMI is the decision maker for whether or not PHMC is meeting the requirements in the CFRs to maintain its COI. Without a COI, Niagara cannot sail or operate as a dockside attraction at the Erie Maritime MuseumThe Erie Maritime Museum (EMM) is a cultural institution located in Erie, Pennsylvania, dedicated to preserving and showcasing the region's maritime heritage. Established in 1997, ... and allow tour groups on board.

One of the requirements to designate a vessel as a sailing school vessel is that the organization must provide evidence that they are a 501(c)3 tax exempt organization (see below for exact wording from the CFR). Every five years, Niagara is required to renew its COI and they are required to provide the same documentation when they renew their COI. As part of the State of Pennsylvania, PHMC is not a 501(c)3, which is a fact that they are pretty open and honest about. It is why PHMC requires each of their sites to have an affiliated 501(c)3 associates group to conduct fundraising on their behalf (See here for notes from a volunteer meeting with PHMC Site Admin Jim HallJames E. Hall is the Site Administrator for the Erie Maritime Museum and a PHMC staff member. He replaced Walter Rybka in December of 2020. His background includes 13 years with th... and here for notes from meeting PHMC Commissioner Cal Pifer confirming this requirement). Previously the Flagship Niagara League (FNL) was included on the COI and since FNL is a 501(c)3, they were able to meet the requirement. Now that FNL is no longer associated with PHMC they can no longer fill the role as their 501(c)3 for the COI. Since PHMC is not a 501(c)3, I am not sure how they are going to meet this requirement to continue to sail and operate Niagara.

§ 169.218 Procedures for designating sailing school vessels.

(a) Upon written request by a qualified institution, a determination is made by the OCMI whether the vessel may be designated as a sailing school vessel.

(b) The request should contain sufficient information to allow the OCMI to make this determination. At a minimum the following items must be submitted:

…

(3) A copy of the Internal Revenue Service designation as a non-profit, tax-exempt, organization under sections 501(a) and 501(c)(3) of the Internal Revenue Code.

…

§ 169.219 Renewal of letter of designation.

At least 60 days prior to the expiration date of the certificate of inspection, a request for renewal must be submitted in the same manner as described in § 169.218. If the request for renewal is submitted to the OCMI who made the initial determination and all operating conditions remain unchanged, the information need not be resubmitted.

46 CFR 169.218 and 46 CFR 169.219

Niagara’s COI will be up for renewal in June 12, 2025, so in theory PHMC would have another year to find a new 501(c)3 so that they can continue to sail Niagara and provide deck tours at the Erie Maritime Museum.

Not so fast though, the CFRs have additional requirements to create a COI amendment whenever certain changes are made to the nature of how the vessel will operate. For instance, if a vessel’s operator were to change (say from FNL to PHMC), that update would need to be made via an amendment to the COI.

§ 169.215 Certificate of inspection amendment.

(a) An amended certificate of inspection may be issued at any time by any Officer in Charge, Marine Inspection. The amended certificate of inspection replaces the original. An amended certificate of inspection may be issued to authorize and record a change in the character of a vessel or in its route, equipment, ownership, operator, etc., from that specified in the current certificate of inspection.

(b) A request for an amended certificate of inspection must be made to the Officer in Charge, Marine Inspection, by the master, operator, owner, or agent of the vessel at any time there is a change in the character of a vessel or in its route, equipment, ownership, operation etc., as specified in its current certificate of inspection.

46 CFR 169.215

We don’t know if PHMC ever received an amended COI for Niagara to take FNL off as operators, but we do know they at least asked the OCMI for the process to do so. In this email conversation found in one of our RTKA Right to Know (RTK) request is a request for information from a state or local government body in Pennsylvania. You are allowed to request any kind of information, and aside from... requests between FNL Executive Director William SabatiniFleet Captain William "Billy" Sabatini is the executive director and fleet captain of the Flagship Niagara League. Sabatini grew up in southeastern Massachusetts, on Cape Cod, and ... and PHMC, Captain Sabatini states that the current OCMI had mentioned that PHMC had asked for information on how to remove FNL from the COI. So PHMC should at least be aware of the process and the OCMI should at least be aware that Niagara is currently being operated without a 501(c)3.

The email conversation includes some additional information regarding the consequences if the Niagara were to lose its COI. Niagara was granted a few exemptions to requirements in the CFRs in 2005 and if the COI ever lapsed, it would no longer be grandfathered into those exemptions when attempting to recertify. Niagara would likely be required to undergo a long and costly rebuild to meet current Coast Guard requirements before it could ever sail or even be open for tours again.

PHMC has claimed publicly that they plan on continuing to sail Niagara, that they are committed to doing so, and know what they are doing. However, it is quite clear from the regulations that dictate how Niagara can operate that PHMC cannot in fact operate Niagara since she can only be operated by a qualifying 501(c)3. This is why we are so concerned about Niagara‘s future and why we are concerned about PHMC not having anyone with professional maritime experience to make decisions regarding Niagara‘s current and future operations.

Since it appears that PHMC isn’t even allowed to operate Niagara, how can we trust them and their promises that Niagara will continue to sail?

Don’t Give Up The Ship!