These are minutes of the Security Team. The opinions, recommendations, or positions expressed herein do not constitute the opinions, recommendations, or positions of the MTSNAC unless they are expressly ratified after review, discussion, and vote of the full MTSNAC.

 

 

MARINE TRANSPORTATION SYSTEM NATIONAL ADVISORY COUNCIL (MTSNAC)

 

SECURITY TEAM MEETING SUMMARY

 

March 28, 2003

 

MARITIME ADMINISTRATION

WASHINGTON, D.C.

1:30 PM

 

 

ATTENDEES

NAME	REPRESENTING
Patrick Hall	National Association of Waterfront Employees
Jack Legler	American Trucking Assns
Carl Seiberlich	TranSystems Corp.
Carol Lambos	Counsel - United States Maritime Alliance
Vijayy Kolhi	Fulcrum Corp.
Juli Soutuyo	SAIC
Bob Nelson	Boat US
Joe Cox	Chamber of Shipping of America
Douglas Schneider	World Shipping Council
Scott Rainey	American Pilots' Association
Ellen Leonard	ABS Consulting
Lindsay McLaughlin	International Longshore & Warehouse Union
Matt Thomas	Pacific Maritime Association
John Bowers, Jr.	International Longshoremen Association
Ingo Esders	ILA
Sharon Cassidy	Maritime Administration
Linda Shoupe	Customs & Border Protection
Capt. Kevin Dale	U.S. Coast Guard Port Security
Tony Furst	Transportation Security Administration (TSA)
Richard Lolich	Maritime Administration
Thomas Morelli	Maritime Administration
Richard T. Kinson	Department of Homeland Security Office of Inspector General

The meeting was called to order at 1:37 PM by the Chair, Patrick Hall of the National Association of Waterfront Employees (NAWE).  Richard Lolich, representing the sponsor, MARAD, welcomed members and reported that the work of the subcommittee has been important to Secretary Norman Mineta, port security and implementation of the Maritime Security Act. 

 

The January 13, 2003 minutes were reviewed and a comment was raised with regard to a remark attributed to Tony Furst’s concerning the transportation of empty containers and recommendations of the Business Practices Subgroup of the Container Security Working Group. The subject was tabled until later in the meeting when Mr. Furst was expected and could clarify his remarks.

 

Mr. Furst indicated that the Business Practices Subgroup determined that there was no need to seal empty containers in transit, however, the Subgroup also indicated that empty containers should be inspected at two points – upon entry to a marine terminal, this is standard business practice at most terminals, and prior to the loading of the empty container onto a conveyance.  With that clarification, there was a motion to approve the minutes with amendment to reflect Mr. Furst’s comments.  Motion was seconded and the minutes approved.

 

U.S. Coast Guard Briefing

 

Capt. Kevin Dale, Chief, Office of Port & Vessel Security, was introduced.  Capt. Dale indicated that the purpose of the briefing was to cover what the Coast Guard has done, what they are doing and where they are going with vessel and port security regulations under the Maritime Transportation Security Act (MTSA) of 2002.  Capt. Dale highlighted the current effort to reconcile domestic regulations with international regulations.  He noted that a driving forces behind this regulatory effort is that the International Maritime Organization’s ISPS Code requires that affected vessels and facilities to be operating under approved security plans by July 1, 2004.

 

Capt. Dale noted the relevant timeline required for compliance under the ISPS Code and the MTSA are similar. Consistent with the MTSA, the Coast Guard intends to publish its Interim Final Rule (“IFR”) by July 1, 2003, ports, vessels and facilities must be operating under an approved plan pursuant to the MTSA within one year of the publication of that  IFR. This IFR will call for the submission of vessel and facility security plans by December 31, 2003. According to Capt. Dale, the basic concept of the port security, and vessel and facility plans will be based on a vulnerability assessments.  Port security plans will be broad and developed by the Captain of the Port, and anyone with interest in the port can participate in the plan.  The design for the plan is flexibility, consistency and balance.  The vessel and facility plans will be specific and will be developed by the owners or operators of the vessels or facilities.  The goal is to mitigate vulnerabilities.

 

Capt. Dale further remarked that there are some future international efforts which include International Maritime Organization, World Customs Organization and International Labour Organization.  There are some outstanding issues which will be a tremendous undertaking.

 

Carol Lambos thanked Capt. Dale and noted that he had briefed the MTSNAC before. She asked whether the NVICs which may have conflicting information when viewed against the published rule will be withdrawn after interim final rule is published.  Capt. Dale indicated that they will not be withdrawn but will continue to be guidance where still appropriate.

 

Capt. Dale entertained other questions that addressed standards for vulnerability assessments and he indicated that the standards are a work in process and still being developed. He was also asked about the timeline for the Transportation Worker Identification Card, he responded that until the TSA develops this program the Coast Guard will require identification as outlined in its August 7, 2002 Federal Register notice.

 

Past Action Items

 

Comments on Coast Guard December 30, 2002 Federal Register Notice

 

Carol Lambos noted that the comment period concerning the domestic implementation of the ISPS Code ended on February 28, 2003. As previously stated, the IFRs will be published in June. Notwithstanding that past date, it was agreed that the Security Team should still provide comments and that they would be of value to the regulators. To that end, Carol presented the Team with draft comments for the Team’s review and consideration. Team members were invited to review the draft and get their comments to  Pat Hall or Mike Hokana.

 

New Action Items

 

Relationship of MTSNAC and Department of Homeland Security

 

Carol Lambos raised the issue of need to connect the counsel’s work in general and the Security Team’s work in particular to the Department of Homeland Security.  Richard Lolich noted that there was a new FACA committee required by the MTSA, the National Maritime Security Advisory Committee.  This new committee and the MTSNAC need to establish a relationship and suggested amending the MTSNAC charter to describe this relationship as well as ensuring that the National Maritime Security Advisory Committee’s charter  reflect a relationship with the MTSNAC.  In the interim, since the MTSNAC advises Secretary Mineta, the MTSNAC could request that any security concerns be forwarded to the appropriate agency(ies) in the Department of Homeland Security. 

 

The following resolution was introduced by Pat Hall:

 

The MTSNAC requests that the Secretary of Transportation intercede in obtaining a formal role for the MTSNAC Security Team in advising the Border and Transportation Security Directorate of the Department of Homeland Security[1] on matters relating to maritime transportation security.

 

Motion offered, seconded and approved unanimously.

 

Email From Concerned Seafarer’s Wife

 

Pat Hall read a letter he received from the wife of a merchant mariner who is restricted to a vessel and not allowed to leave the vessel while it is in port.  Richard Lolich and Tony Furst indicated that the issue of seaman’s rights was brought up at each of the Coast Guard’s public hearings on maritime security and will likely be discussed in the preamble to the current maritime security regulations. Joe Cox pointed out that a terminal has the right to restrict traffic across facility. It was motioned that Pat Hall would prepare an appropriate response indicating that the issue would be addressed in the preamble language published in June.  The motion was seconded and approved unanimously.

 

Discussion of ISO Position on Electronic Seals

 

ADM Seiberlich pointed out that technology has not progressed enough to have confidence with the e-seal.  Doug Schneider will send a copy of the World Shipping Council’s paper on the subject of electronic seals to Team  members.

 

The meeting was adjourned at 3:30 PM.