While scores of port security requirements already are in place and being enforced by the U.S. Coast Guard nationally, several other recent developments in the national and international maritime transportation arenas promise to significantly alter the existing landscape. SIU officials are keeping a close eye on the situation, analyzing how these new developments will impact union members and the industry as a whole and positioning themselves to help make maritime labor’s case heard when the implementation phase of these new measures takes center stage.As reported in previous editions of the Seafarers LOG, the Maritime Transportation Security Act of 2002 (AKA the Hollings Bill, S.1214) was signed into law in November, and the International Maritime Organization (IMO) held a Diplomatic Conference in December during which a comprehensive regime of measures to strengthen international shipping was adopted. Following is an overview of these two initiatives as well as a look at the goals behind a series of meetings announced Dec. 20 by the Coast Guard to discuss the implementation of both.
Maritime Transportation Security Act of 2002
President Bush on Nov. 25 signed the Maritime Transportation Security Act of 2002 into law (P.L. 107-295). Title I of the act is designed to enhance the nation’s maritime security in order to provide greater safeguards at the country’s 361 sea and river ports, and increased intelligence about cargoes and personnel entering U.S. ports through improved communication and coordination among the various entities responsible for maritime security.
Provisions in the law require U.S. facility and vessel vulnerability assessments; a national Maritime Transportation Security Plan and regional Area Maritime Transportation Security Plans (port security plans); and vessel and facilities security and response plans. Also demanded are transportation security cards; grants to port authorities, waterfront facility operators and state and local agencies; foreign port assessments; a Maritime Security Advisory Committee; Automatic Identification Systems; long-range tracking systems; enhanced crewmember identification; and sea marshals.
The vessel and facility security plans provision calls for a qualified individual having full authority to implement security actions. The new law also requires the Coast Guard to negotiate an international agreement that provides for a uniform, comprehensive international system of identification of seafarers. Several federal agencies, including the U.S. Coast Guard are responsible for implementing the Act.
IMO Diplomatic Conference
A Diplomatic Conference of the International Maritime Organization (IMO) in December adopted a new set of guidelines for international shipping—a series of measures to strengthen maritime security and prevent and suppress acts of terrorism. The Coast Guard was instrumental in initiating these proceedings after the September 11 terrorist attack against the United States.
The Conference adopted a number of amendments to the 1974 Safety of Life at Sea Convention (SOLAS); a new International Ship and Port Facility Security Code (ISPS Code) - Chapter XI-2 of SOLAS; and a series of resolutions designed to give weight to the amendments.
The ISPS Code, which will go into force on July 1, 2004 for vessels in international trade, contains detailed security-related requirements for shipping companies, port authorities, and governments in a mandatory “Part A” section together with a series of guidelines about how to meet those requirements in a second, non-mandatory section (Part B). Elements of the new security rules for ships include requirements for ship security plans, ship security officers, company security officers, and certain onboard security equipment. For port facilities, requirements include port security plans, port security officers, and certain security equipment.
In addition, the requirements for ships and port facilities include security assessments (risk analysis), monitoring and controlling access, monitoring the activities of cargo and people, and ensuring security communications are readily available. One amendment to SOLAS calls for a new accelerated timetable for fitting Automatic Information Systems (AIS) on vessels while a resolution affirms the work of the International Labor Organization in establishing an international uniform seafarers identification system—Seafarers Identify Document. The international regime also pointed to the need for shore leave for crewmembers. As a signatory to SOLAS, the United States, in this instance the Coast Guard, is bound to implement the amendments to SOLAS as well as the ISPS Code.
Initiatives Mirror One Another
Many of the requirements imposed by the IMO protocol are also mandated by the Maritime Security Act of 2002 (MTSA). The requirements of Section 102 of MTSA directly align with the security requirements embodied in the SOLAS amendments and the ISPS Code; however, the MTSA has broader application that includes domestic vessels and facilities. Therefore, the Coast Guard intends to implement the MTSA through the requirements in the SOLAS amendments and the ISPS Code, Parts A and B, for all vessels and facilities that are currently required to meet SOLAS as well as those vessels exclusively in domestic trade that are considered at risk of being involved in a transportation security incident.
Coast Guard Notice of Meetings
As part of its effort to implement both the Maritime Security Act of 2002 and the amendments to SOLAS and ISPS Code, the Coast Guard on Dec.20 announced a series of seven public meetings in various cities, namely, New Orleans (Jan. 27), Cleveland (Jan. 30), St. Louis (Jan. 31), Seattle (Feb. 3), Los Angeles-Long Beach (Feb. 5), Jacksonville (Feb.7), and New York City (Feb. 11) to discuss requirements for security assessments, plans, and specific security measures for ports, vessels, and facilities.
Discussions will also focus on aligning domestic maritime security requirements with the International Ship and Port Facility Security Code and recent amendments to SOLAS to comply with Section 102 of the Maritime Security Act of 2002. SIU officials as well as rank-and-file members will participate in these meetings to voice union concerns.
In its notice, the Coast Guard poses a series of approximately 40-50 questions dealing with general, vessel, and port security provisions as well as on other issues including continuous synopsis record requirement, seafarers’ identification criteria requirements, AIS, etc. The agency also requests comments on “best industry practices” with regard to maritime security issues as well as comments on application, implementation and operating costs.
The Coast Guard plans to publish a temporary interim rule no later than June and a final rule by November. These dates are critical in order to uniformly implement the ISPS Code and SOLAS amendments, as well as to meet the urgency set by the mandates in the Maritime Security Transportation Act. The Coast Guard encourages interested parties to attend the meetings and submit comments for discussion during the meetings. All comments and related material intended for inclusion in the public docket must be received by the Docket Management Facility by Feb. 28.
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