R 141952Z JAN 11


SUBJ: SEAFARERS SHORE ACCESS UPDATE ON MARITIME TRANSPORTATION

SECURITY ACT (MTSA) FACILITIES

A. 2010 COAST GUARD AUTHORIZATION ACT

B. COMDT COGARD WASHINGTON DC 022004Z OCT 09/ALCOAST 575/09

C. 33 CFR 105.200

D. INTERNATIONAL MARITIME ORGANIZATION (IMO) CONFERENCE RESOLUTION

11, DECEMBER 2002

E. INTERNATIONAL MARITIME ORGANIZATION MARITIME SAFETY COMMITTEE

F. NAVIGATION AND VESSEL INSPECTION CIRCULAR 03-03, CHANGE 2

G. COMDT COGARD WASHINGTON DC 222037Z OCT 08/ALCOAST 529/08

1. BACKGROUND. SECTION 811 OF REF A REQUIRES THAT FACILITY SECURITY

PLANS (FSP) DOCUMENT AND PROVIDE A SYSTEM FOR SEAMEN ASSIGNED TO A

VESSEL, PILOTS AND SEAMENS WELFARE AND LABOR ORGANIZATION

REPRESENTATIVES TO BOARD AND DEPART VESSELS THROUGH FACILITIES IN A

TIMELY MANNER AT NO COST TO THE INDIVIDUAL. THIS MANDATE BY CONGRESS

HAS RAISED QUESTIONS AMONGST THE MARITIME INDUSTRY AND COAST GUARD

FIELD UNITS AS TO HOW THE COAST GUARD PLANS TO IMPLEMENT THIS

PROVISION. A LEGAL REVIEW HAS DETERMINED THAT THE PROVISION IS NOT

SELF EXECUTING AND REQUIRES A REGULATORY CHANGE TO MTSA. HOWEVER,

BASED ON THE LENGTHY TIMELINE TO PUBLISH A RULEMAKING, IT IS CRITICAL

THAT ADDITIONAL CLARIFICATION BE PROVIDED ON THE COAST GUARDS COURSE

OF ACTIONS IN IMPLEMENTING SECTION 811.  ALTHOUGH THE LANGUAGE IN THE

ACT APPEARS SELF EXPLANATORY, THERE ARE SEVERAL TERMS WITHIN THE

PROVISION, "SYSTEM", "TIMELY" AND "NO COST TO THE INDVIDUAL" THAT

HAVE RAISED QUESTIONS AMONGST THE MARITIME INDUSTRY AND REQUIRE

FURTHER CLARIFICATION. AS SUCH TO ENSURE WE MAINTAIN CONSISTENCY IN

HOW THE PROVISION IS INTERPRETED AND SUBSEQUENTLY ENFORCED BY COAST

GUARD CAPTAINS OF THE PORTS (COTPS), I HAVE ASKED THE NATIONAL

MARITIME SECURITY ADVISORY COMMITTEE (NMSAC) TO ASSIST THE COAST

GUARD IN FURTHER DEFINING THE TERMS "SYSTEM", "TIMELY" AND "NO COST

TO THE INDIVIDUAL".  SOCIALIZING THESE CONCEPTS THROUGH NMSAC WILL

PROVIDE THE CG WITH CRITICAL INDUSTRY INPUT THAT WILL PROVE VALUABLE

AS THE COAST GUARD MOVES FORWARD IN POLICY DEVELOPMENT AND RULEMAKING

PROCESS IN SPRING 2011.

2. GUIDANCE. PENDING THE OUTCOME OF NMSACS REVIEW AND RECOMMENDATIONS

AND DEVELOPMENT OF POLICY AND REGULATION, COTPS SHOULD CONTINUE TO

FOLLOW THE ENFORCEMENT GUIDANCE PREVIOUSLY PROVIDED IN REF B.  IN AN

EFFORT TO BRING MAXIMUM AWARENESS OF THE STATUTORY CHANGE, WE ARE

ALSO ASKING EACH COTP TO CONDUCT OUTREACH THROUGH WHATEVER MEANS THE

COTP DEEMS APPROPRIATE TO ALL CRITICAL PORT STAKEHOLDERS POTENTIALLY

IMPACTED BY THE CHANGE.  IN PARTICULAR COTPS SHOULD HIGHLIGHT THE KEY

ELEMENTS OF THE PROVISION INCLUDING "SYSTEM", "TIMELY" AND "NO COST

TO THE INDIVIDUAL" AND MAKE INDUSTRY AWARE OF ONGOING EFFORTS BY

COAST GUARD HEADQUARTERS TO DEVELOP POLICY AND RULEMAKING TO

IMPLEMENT THE PROVISION BASED ON NMSAC AND INDUSTRY ENGAGEMENT AND

FEEDBACK. IT IS ANTICIPATED THAT THE ADDED VISIBILITY COTPS PROVIDE

FOR THIS NEW ACCESS PROVISION WILL UNDERSCORE, FOR THE ENTIRE PORT

COMMUNITY, THE IMPORTANCE THE COAST GUARD CONTINUES TO PLACE ON

LEGITIMATE SEAFARER ACCESS.

3. IN ACCORDANCE WITH REF B, FIELD UNITS SHOULD CONTINUE TO ADDRESS

SPECIFIC SEAFARER ACCESS ISSUES AT THE COTP LEVEL. COTPS ARE REMINDED

WITH CHAIN OF COMMAND CONCURRENCE, HEADQUARTERS LEVEL INTERVENTION

CAN BE REQUESTED IN SITUATIONS WHERE FIELD LEVEL EFFORTS TO ENSURE

FACILITIES ADEQUATELY COORDINATE SEAFARER ACCESS REACH AN IMPASSE

WITH INDIVIDUAL FACILITY OWNERS AND OPERATORS.

4. GENERAL PUBLIC INFORMATION REGARDING SEAFARERS ACCESS CAN BE FOUND

ON HOMEPORT BY CLICKING SEAFARERS ACCESS IN THE FEATURED HOMEPORT

LINKS SECTION.

5. POC IS LCDR DAN SOMMA, 202-372-1132. EMAIL ADDRESS IS

DAN.T.SOMMA(AT) USCG.MIL.

6. RDML KEVIN S. COOK, DIRECTOR, PREVENTION POLICY, SENDS.

7. INTERNET RELEASE AUTHORIZED.