SUMMARY OF MTSNAC MEETING
NOVEMBER 14-15, 2002
MILLENNIUM BROADWAY HOTEL
NEW YORK, NY
Jonathan Benner of Intertanko served as acting chair for the meeting
The Council received a status report from the Executive
Director on Action Items From August 2002 Meeting. Resolutions on four subjects have been forwarded to Secretary
Mineta and are awaiting response (text of resolutions included at end of
summary):
1. De-criminalization of certain marine accidents.
2. Council Resolution to Secretary to provide funding of approximately $500,000 to ICMTS for MTS user needs study.
3. Council Resolution to the Secretary requesting that ICMTS MOU be reaffirmed by current senior leaders and that MOU ensure continued Coast Guard Chairmanship of ICMTS as well as ensuring Customs, TSA and INS participation.
4.
Council
Resolution that traditional Coast Guard functions which are essential to the
nation's MTS be preserved and sufficiently funded.
A fifth resolution - that ICMTS identify immediate actions to be taken to address MTS issues not requiring legislation or funding mechanisms - has been forwarded to the ICMTS Steering Committee for further action. Finally, in response to a Request that MARAD issue press release about new Council members and progress of MTSNAC to date, an announcement is being prepared for inclusion on the MARAD website.
Reports were presented on the GAO Report on Federal financing and infrastructure investments for marine transportation and TEA-21 activities. Both of these generated discussions on how the current budget and political climates will affect SEA-21, both in terms of timing and funding mechanisms.
Teams that had met to discuss their SEA-21 input gave reports to the Council.
Ø The inland team recommended better intermodal freight data; a fully allocated cost study of competed routes, applying better technology to the inland system – especially in the areas of barge locking and navigation.
Ø The Safety and Environmental Protection noted that there currently exist two SEA-21 issues requiring the attention of the subcommittee, permit streamlining and ballast water management programs and proposed a Council resolution on each.
Ø Information Technology and R&D noted that the list of potential research projects subcommittee had developed during its earlier meetings on SEA-21 other R&D topics may be discovered during the performance of the National Needs Study.
Ø The Security Team raised concerns related to new security recommendations in the draft Coast Guard NVIC for waterfront facilities noting that sectors other than containerized shipping are potentially adversely affected by certain of the recommendations. The team also invited the Coast Guard to participate in security team meetings and the Council passed a resolution asking the Coast Guard to actively review these issues raised with the maritime stakeholders.
Ø The Infrastructure Team raised the issue of political and budgetary obstacles regarding the dedication of existing federal revenue streams to a new trust fund that would be used only for spending on MTS needs, and the variations in the needs and existing investment mechanisms for different portions of the MTS. The Infrastructure Team recommended that MTSNAC should instead develop a narrower set of proposals more tailored to meet specific MTS needs. This proposal generated a significant amount of discussion.
A new issue raised before the Council was the creation of an Information Sharing and Analysis Center (ISAC) that is tasked with the mission of gathering, analyzing, and disseminating to the industry an integrated view of infrastructure and information system vulnerabilities, threats, and incidents relevant to the marine transportation system. The Council passed a resolution supporting the concept.
Raymond Barberesi announced that a Memorandum of Understanding had been negotiated between the Maritime Information Service of North America (MISNA) and the U.S. Maritime Administration (MARAD). Mr. Barberesi signed the MOU on behalf of MARAD. Another new regional item announced was the formation of a new regional a Regional MTS Advisory Panel for the NE Region of the United States, with an Area of Responsibility extending from US/Canadian Border (Maine) to Chesapeake Bay (Maryland). In addition, the Council received a report on the continued activities of the South Atlantic MTS organization (SAMTSO). It is anticipated that some regional reports will be received at each Council meeting.
The Council viewed the awareness video that the ICMTS commissioned. Council members will all be provided with copies for use and/or distribution.
The date for the next meeting was left open for discussion on possible dates with the Chair.
Attachments:
Text of Resolutions
MISNA MOU
Resolution
recommending decriminalization of marine accidents:
Recognizing that marine accidents can be extremely damaging both ecologically and economically;
Recognizing Further that federal and state prosecutors have invoked or have threatened to invoke criminal penalties against companies, officers, directors and mariners in the aftermath of marine casualties which were not the result of deliberate or grossly negligent conduct;
Recalling the May 1998 hearing before the House Committee on Transportation and Infrastructure where practicing mariners testified to their fear of talking to government officials after a marine accident;
Noting one of the conclusions at a Conference held May 2001 at the United States Merchant Marine Academy recognized that criminal liability has become a recent barrier to (mariner) recruitment and retention;
Noting Also that a key element of marine safety is ensuring that the most competent mariners are recruited and retained to operate ships that carry large quantities of oil as fuel or as cargo;
Noting Further that the threat of prosecution may impede the recruitment and retention of competent mariners and discourage the free flow of information essential to effective accident investigation and response operations;
Urgently Requests that the Secretary of Transportation address this issue not only within the Department of Transportation but also expresses this concern to his Cabinet level colleagues at the Department of Justice and the Environmental Protection Agency with a view toward acting favorably on the action requested in the attached paper on Criminalization of Marine Accidents.
Criminal liability for marine accidents should be invoked only where the incident results in measurable damage to life, property, or the marine environment and is caused by conduct that is grossly negligent, reckless, or intentional. Mariners, corporations, and corporate officers who engage in conduct reasonably calculated to comply with controlling law should not be subjected to the threat of criminal prosecution. The MTSNAC recommends that this issue be presented to the Secretary of Transportation for further action as set forth in the attached resolution.
Recognizing the importance of
identifying MTS user needs to the development of comprehensive SEA-21
legislation, MTSNAC previously passed a resolution asking the Secretary to
direct the ICMTS to conduct an MTS needs assessment; and
Acknowledging that this assessment has not been initiated due to lack of funding;
MTSNAC
therefore requests that the Secretary provide funding, approximately $500K, for
ICMTS, under the Chairmanship of the Coast Guard, to conduct this very
important MTS user needs study to provide a credible foundation for any SEA-21
legislation.
Resolution that the ICMTS MOU be reaffirmed by current senior leaders
Adopted August 13-14, 2002
Marine Transportation System National Advisory Council
MTSNAC recognizes that the success of any MTS initiative depends on senior level government officials commitment to working together to address MTS issues; and,
Recognizing that the senior leadership of all the ICMTS agency departments has changed since the ICMTS MOU was signed;
MTSNAC therefore recommends to the Secretary that the ICMTS MOU be reaffirmed by the current leaders; and,
Further recognizing that the Coast Guard, Customs, TSA and INS may become part of a new Department of Homeland Security, that the MOU be reaffirmed at that time to ensure continued Coast Guard Chairmanship of ICMTS and Customs, TSA and INS participation in the ICMTS
Adopted August 13-14, 2002
Marine Transportation System National Advisory Council
The MTSNAC takes note that the President has proposed and Congress is considering legislation to transfer the Coast Guard to the Department of Homeland Security.
The MTSNAC acknowledges that it is proper and necessary for the Coast Guard to undertake security functions as part of homeland defense.
However, the Coast Guard is a multimission agency with traditional responsibilities in the area of marine safety, law enforcement, search and rescue, aids to navigation, environmental protection, boating safety and fisheries.
The MTSNAC urges that these traditional Coast Guard functions which are essential to the Nation's MTS be preserved and sufficiently funded.
Resolution forwarded to the ICMTS Steering Committee
MTSNAC recommends that ICMTS identify immediate actions that can be taken to address MTS issues that do not require new legislation or funding and be encouraged to engage in these collaborative efforts.
Safety and Environmental subcommittee resolution on permit streamlining:
MTSNAC notesthe issuance of an Executive Order issued September 18, 2002 addressing transportation infrastructure project reviews and recommends that the ICMTS be kept informed of the activities and represented on the interagency Transportation Infrastructure Streamlining Task Force established by section 2(c) of the Executive Order. MTSNAC regards this Task Force as an important component of an efficient, safe, competitive, secure and environmentally sound Marine Transportation System.
Safety and Environmental subcommittee resolution on ballast water management
MTSNAC recognizes that the unintentional transport of non-indigenous marine species can create severe ecological problems for ports and coastal areas. The MTSNAC supports a mandatory national program for ballast water management. Such a program should include effective and practical standards for control of non-indigenous marine species and should reflect consideration of the impact of such standardsand measures on domestic and international maritime commerce of the United States
NVIC Resolution
The MTSNAC Security Team raised concerns related to new security recommendations in the draft Coast Guard NVIC for waterfront facilities. The full council discussed these concerns and endorses them and further notes that sectors other than containerized shipping are potentially adversely affected by certain of the recommendations.
We request that the Secretary direct the Coast Guard to actively review these issues raised with the maritime stakeholders in an effort to devise effective security recommendations consistent with operational realities at private sector facilities that recognize an appropriate division of responsibilitiesbetween the private sector and federal government.
Recognizing the importance for a maritime-centric organization that is tasked with the mission of gathering, analyzing, and disseminating to the industry an integrated view of infrastructure and information system vulnerabilities, threats, and incidents relevant to the marine transportation system, the MTSNAC endorses the creation of an Information Sharing and Analysis Center (ISAC) as defined under presidential decision directive 63 (PDD 63).