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U.S. Coast Guard INTERTANKO North American Panel Presentation. Mr. Jeff Lantz Director of Commercial Regulations and Standards April 27, 2010. Outline. Coast Guard leadership changes Port State Control Update Piracy and Executive Order TWIC Seafarer Access Regulatory Development
Mr. Jeff Lantz
Director of Commercial Regulations and Standards
April 27, 2010
Coast Guard leadership changes
Port State Control Update
Piracy and Executive Order
Ballast Water Management
Vessel General Permit
ADM Robert Papp
Vice - Commandant
VADM Sally Brice-Ohara
Deputy Cmdt Operations
RADM Brian Salerno
RADM Paul Zukunft
Mr. Jeff Lantz
Technical standards, IMO, Regulations
RDML Cari Thomas
Pollution response, law enforcement, SAR
RDML Kevin Cook
Vessel inspection, PSC, maritime securityCoast Guard Leadership Changes
* Administrations not targeted in 2009
* New this year
Would deny a vessel entry if the vessel has been subject to three detentions in a 12 month period, if the Coast Guard determines that those detentions are related to their Safety Management System (SMS) and adequate measures were not put in place to prevent reoccurrences.
The vessel would be temporarily denied entry; giving the vessel, company, and flag State time to perform a proper assessment of the vessel’s SMS and to ensure proactive measures are taken to improve the ineffective SMS and prevent continued non-compliance.
USCG Piracy-Related Policy & Guidance
Maritime Security (MARSEC) Directive 104-6 (Rev 2)
Guidance/direction for U.S. flagged vessels operating in High Risk Waters
Provides enhanced security measures
Supported by supplementary guidance in Port Security Advisories (PSAs)
PSA (2-09) – Non-SSI version of directive; for public release.
PSA (3-09) – Guidance on Self-defensive and defense of others
PSA (4-09) – Guidance on International Traffic in Arms Regs (ITAR)
PSA (5-09) – Guidelines for contracted security services
PSA (6-09) – Establishes a screening process for security personnel
PSA (8-09) – Provides info regarding the carriage and transport of self-defensive weapons into foreign ports/states
PSA (9-09) – Guidance on expected course of action following a pirate attack
PSA (11-09) – Supplementary guidance on defensive measures
MARSEC Directive 104-6 (series) is being revised and will incorporate lessons-learned and best management practices that were successful in thwarting pirate attacks.
Executive Order concerning Somalia
Provides authority and tools to go after the “bad guys”, i.e. those persons and entities that are destabilizing Somalia
Applies to only the 11 persons and one entity listed in the Annex
Prohibits all transactions, including remittances and other payments (ransoms), by U.S. persons or others doing business in the U.S. to the persons and entity identified in the EO
Need a US nexus – foreign flag ship, foreign company
Prosecutorial discretion based on the facts of the case
No pre-decision on legality or ransom payment
Questions: Dept of Treasury (OFAC) 202-540-6322
Since the national compliance date of April 15, 2009, all personnel requiring unescorted access to secure areas of MTSA regulated facilities and vessels, and all mariners holding Coast Guard issued credentials, are required to have a TWIC.
Individuals applying for a B-1 visa who work in the maritime domain are to obtain an annotation allowing them to be eligible for a TWIC. TSA will be putting out information on the process soon.
Risk-Based Approach to TWIC Reader Regulations (ANPRM published March 2009)
Criticality to nation
Three Risk Groups
Highest: Biometric check at each entry
Middle: Biometric check once/month
Lowest: Visual identification
NPRM will be informed by the Pilot Program, currently underway to test business processes, technology, & operational impacts of readers
Reports to the Coast Guard:
inconsistent interpretation of regulations
exorbitant fees for escorts
limited hours of escort availability
facility denial of access without TWIC
Coast Guard efforts include:
Strong push for seafarer access using the tools currently available to the COTP
Clarification on interpretation of regulation and policy and flexibility with the COTPs to approve monitoring and escort plans
ALCOAST 529/08 and 575/09
Reviewing Facility Security Plans to include seafarer access provisions
Port security grant money eligibility for projects associated with the facilitation of seafarer access
Salvage and Marine Firefighting
Published December 31, 2008
Vessel and Facility Response Plans for Oil;2003 Removal Equipment Requirements &Alternative Technical Revisions
Published August 31, 2009
Amended S&MFF compliance to February 22, 2011
Non-tank Vessel Response Plans
NPRM published August 31, 2009
Working to resolve comments and publish final rule
Goal is to publish Final Rule ASAP; recognize the importance of having it published by February 22, 2011
BWDS Notice of Proposed Rulemaking published August 28 2009
Received over 3000 comments, currently evaluating
Proposal - Phased Approach
IMO Standard initially
1000 times more stringent than IMO after 2016
Practicability Review will determine if 1000x standard can be met.
If Practicability Review determines 1000x cannot be met, then intermediary standards established.
Type Approval Process
Given anticipated timeframe for U.S. approval process, initial systems likely to be foreign approved
Develop a process for foreign acceptance
Dependent upon transparency of administration and testing facility process and dossier
May require additional testing or refinement prior to U.S. type approval.
State preemption still exists
Both laws authorizing Coast Guard and EPA permit states to establish their own BWDS
Prohibits discharge of any pollutant from any point source into navigable waters without a permit.
EPA instituted VGP in December 2008 w/ effective date of February 2009.
VGP identified 28 different discharge streams which must be controlled.
As of 19 September 2009, vessels must submit Notice of Intent to receive coverage.
CG & EPA working together to develop joint enforcement measures
USCG/EPA reached agreement on MOU for VGP compliance – 12 May
CG examines vessels for compliance during routine exams.
Discrepancies referred to EPA for action.
Initial enforcement generally limited to outreach and education, only egregious cases will warrant penalty action
Advantages of US proposal