The Coast Guard has implemented the largest port security operation since World War II. The Naval Protection Zone is in effect. (100 yd security zone in effect around all USN and USCG vessels. Penalties include forfeiture of vessel, 6 years in prison and $250,000 fine). This is the first time it has been in effect since WWII. New 96 hour Arrival Notification is in effect. All flagged vessels must provide 96-hour notice to Captain of the Port. (Old requirement was 24 hours). This gives Coast Guard officials more time to check crew, passenger and cargo manifests. The Coast Guard remains at a heightened state of alert at over 361 major ports. The Coast Guard is attempting to have a high level of security for our mariners, ports, waterways & facilities with limited disruption to commerce/vessel traffic. We have increased the frequency and vigilance of our armed patrols. USCG Investigative Service Special Agents are flying as Air Marshals in support of the DOT and FAA. (These are the only military personnel allowed to participate in Air Marshal program). 4 Port Security Units have been deployed. (New York, Boston, Seattle and LA/LB). 124 Security Zones are now in effect. 2900 Reservists were recalled to active duty. Port Security Unit 305 is on duty in Guantanomo Bay, Cuba, providing security

Im addition, we are often escorting cruise ships in Miami, FL, Honolulu, HI, New Orleans, LA and Hampton Roads, VA. (Armed boarding team members on stationed on the bridge and in the engine room of cruise ships. Security zone is in effect around each vessel.) The coastline is our longest border and we will remain vigilant. (95,000 mile coast includes Great Lakes and inland waterways.) Hundreds of cutters, aircraft and small boats manned by thousands of Coast Guard active duty and reserve members are guarding the coast. Coast Guardsmen from the Pacific Team will work with readiness officials at the Winter Olympics. Coast Guard Sea Marshals have escorted over 1,000 vessels.


Six-month Grace Period for STCW 95 Compliance
IMO has issued advice to port State control officers that, for a period of six months after the 1 February 2002 implementation deadline for the revised Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW 95), ships whose officers do not hold STCW 95 certificates or flag State endorsements need not be detained.

The move comes in recognition of the fact that many seafarers have not yet been able to obtain the necessary certification required by the Convention and that Parties to the Convention have had difficulties in concluding the arrangements required to process reciprocal recognition endorsements. In a circular issued by the 33rd Sub-Committee on Standards of Training and Watchkeeping (STW), it is recommended that, until 31 July 2002, port State control officers issue only a warning in cases where a seafarer’s documentation complies with the requirements immediately before 1 February 2002 but is not in accordance with the requirements of STCW 95. Port State control officers are recommended to issue the warnings to the shipping companies concerned only and to notify the seafarers and inform the flag State accordingly. National Preparedness for Response Exercise Program (PREP) Triennial Exercise Schedule
The Coast Guard, the Environmental Protection Agency (EPA), the Research and Special Programs Administration (RSPA) and the Minerals Management Service (MMS), in concert with the states, the oil industry, and concerned citizens, developed the Preparedness for Response Exercise Program (PREP) to provide guidelines for compliance with the Oil Pollution Act of 1990 (OPA 90) pollution response exercise requirements. PREP makes a distinction between internal and external exercises. Internal exercises are conducted within the plan holder's organization. External exercises extend beyond the plan holder's organization to involve other members of the response community. External exercises are separated into two categories: (1) Area exercises, and (2) Government-initiated unannounced exercises. These exercises are designed to evaluate the entire response mechanism in a given area to ensure adequate pollution response preparedness. The Area exercises involve the entire response community (Federal, State, local, and industry participants) and therefore, require more extensive planning than other oil spill response exercises.

This notice announces the next triennial schedule of Area exercises. If a company wants to volunteer for an Area exercise, a company representative may call either the Coast Guard or EPA On-Scene Coordinator (OSC) where the exercise is scheduled. Comments and related material must reach the Docket Management Facility on or before March 25, 2002.

The PREP Area exercise schedule and exercise design manuals are available on the internet at http://www.uscg.mil/hq/g-m/gmhome.htm (see index, then oil response). To obtain a hard copy of the exercise design manual, contact Ms. Melanie Barber at the Research and Special Programs Administration, Office of Pipeline Safety, at 202-366-4560. The 1994 PREP Guidelines booklet is available at no cost by writing or faxing the TASC Dept Warehouse, 3341 Q 75th Avenue, Landover, MD 20785, fax: 301-386-5394. The stock number of the manual is USCG-X0191. Please indicate the quantity when ordering. Quantities are limited to 10 per order.

If you have questions on this notice, or need general information regarding the PREP Program and the schedule, contact Mr. Robert Pond, Office of Response, Plans and Preparedness Division (G-MOR-2), U.S. Coast Guard Headquarters, telephone 202-267-6603, fax 202-267-4065 or e-mail rpond@comdt.uscg.mil. If you have questions on viewing or submitting material to the docket, call Ms. Dorothy Beard, Chief, Dockets, Department of Transportation, telephone 202-366-5149.


Navigation Safety Advisory Council; Vacancies
The Coast Guard seeks applications for membership on the Navigation Safety Advisory Council (NAVSAC). NAVSAC advises the Coast Guard on the prevention of vessel collisions, rammings, and groundings; Inland Rules of the Road; International Rules of the Road; navigation regulations and equipment; routing measures; marine information; diving safety; and aids to navigation systems. NAVSAC meets at least twice a year at various locations in the continental United States. It may also meet for extraordinary purposes. Its subcommittees and working groups may meet to consider specific problems as required.

The USCG will consider applications for seven positions that expire or become vacant in June 2002. To be eligible, you should have experience in the above mentioned subject areas. To assure balanced representation of subject matter expertise, members are chosen, insofar as practical, from the following groups: (1) Recognized experts and leaders in organizations having an active interest in the Rules of the Road and vessel and port safety; (2) representatives of owners and operators of vessels, professional mariners, recreational boaters, and the recreational boating industry; (3) individuals with an interest in maritime law; and (4) Federal and State officials with responsibility for vessel and port safety. Each member serves for a term of 3 years. A few members may serve consecutive terms. All members serve without compensation from the Federal Government, although travel reimbursement and per diem may be provided.

You may request an application form by writing to Commandant (G-MW), U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001; by calling 202-267-6164; by faxing 202-267-4700; or by e-mail Jshort@comdt.uscg.mil. Send your application in written form to the above street address. This notice and the application form are available on the Internet at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Ms. Margie Hegy, Executive Director of NAVSAC at (202) 267-0415, fax (202) 267-4700. Application forms should reach the USCG on or before February 28, 2002.

In support of the policy of the Department of Transportation on gender and ethnic diversity, the USCG encourages qualified women and members of minority groups to apply.


Temporary Requirements for Notification of Arrival in U.S. Ports - Correction
This document corrects the temporary final rule with request for comments published in the Federal Register on October 4, 2001. That rule temporarily changed notification requirements for vessels bound for or departing from U.S. ports. The rule temporarily lengthened the usual notification period from 24 to 96 hours prior to port entry, required submission of reports to a central national clearinghouse, suspended exemptions for vessels operating in compliance with the Automated Mutual Assistance Vessel Rescue System, for some vessels operating on the Great Lakes, and required submission of information about persons onboard these vessels. As published, the temporary final rule contains an error that inadvertently delays an existing effective date of a reporting requirement for certain vessels to include International Safety Management (ISM) Code (Chapter IX of SOLAS) Notice information in the notice of arrival report. In the temporary final rule , beginning on page 50565 in the issue of October 4, 2001, make the following corrections:

§160.T208 [Amended]

1. In §160.T208 in paragraph (f)(2) on page 50573, in the first column, remove the date "July 1, 2002," and add in its place the date "January 1, 2002,".

If you have questions on this temporary rule, call LTJG Marcus A. Lines, Coast Guard, at telephone 202-267-6854.


Great Lakes Pilotage Advisory Committee
The Great Lakes Pilotage Advisory Committee (GLPAC) will meet in Room B1 of the Federal Building, 1240 East 9th Street, Cleveland, OH 44199, on Friday, February 1, 2002, from 9:00 a.m. to 12:00 p.m. to discuss various organizational and administrative issues relating to the operation of the Committee and to develop a business plan for 2002. The meetings are open to the public.

Send written material and requests to make oral presentations to Ms. Margie G. Hegy, Commandant (G-MW), U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001 on or before January 25, 2002. FOR FURTHER INFORMATION CONTACT: Ms. Margie G. Hegy, Executive Director of GLPAC, telephone 202-267-0415, fax 202-267-4700.

The agenda includes the following:

1. Review of GLPAC's Charter.
2. Overview of the Federal Advisory Committee Act (FACA).
3. Committee Operating Procedures.
4. Committee Planning Session for 2002 and Business Plan Development.

The Spill of National Significance exercise, scheduled to take place originally 24-27 September 2001, but cancelled due to Homeland Defense Operations, has been rescheduled. The exercise will take place the week of 22 April 2002. The players remain largely the same: MSO Morgan City, MSO Port Arthur, MSU Lake Charles, CGD8, industry, partner agencies, and some stakeholders.

The exercise will be significantly scaled down to a one-day, one-location National Incident Command (NIC) Table Top Exercise (TTX). The day before play begins, there will be a 1-2 hour training for players, controllers and evaluators; the day after the exercise, a 4-hour hotwash/debrief will also be held. The TTX will focus on the roles, responsibilities and ICS processes within the NIC, as well as with NIC interactions with the ports, CGHQ, the RRT and the NRT. All exercise objectives have been amended to target NIC issues.

To make the exercise realistic, a limited number of players from the ports will still be involved: the Unified Command, Ops Section Chief and Planning Section. Additional players will include key stakeholders for these functions as would normally assist the port, such as SOSC, RP IC, NOAA SSC, US Fish/Wildlife, etc. Again a full ICS is not anticipated. To ease the burden on ports involved still with homeland defense activities, most of the work will be completed by a planning design team, which will be staffed primarily by the NSFCC and contractors. PREP credit will be given to those units that help plan and participate in the exercise.

Help Wanted: Know someone with regulatory expertise who is interested in full or part time work? Our recruiting coordinator would be glad to get their resume! Have them sent to chandra@your-rcp.com, or FAX to 713-655-8083.

Maritime Security Meeting / Comments
The Coast Guard conducted a maritime security public workshop at the Grand Hyatt Washington at Washington Center, 1000 H Street, NW, Washington DC, 20001, Phone 202-582-1234 on January 28 through 30, 2002, from 9 a.m. to 5 p.m. The public workshop was to discuss security procedures, programs, and capabilities within marine transportation systems. The focus of the workshop will be on identifying possible security measures, standards, and responses to threats and acts of crime and terrorism. In order to allow comments on the results of this workshop, comments and related material must reach the Docket Management Facility (docket USCG-2001-11137) on or before March 15, 2002, rather than the February 14, 2002, date originally requested in the Federal Register on December 17, 2001.

For information concerning this notice or the public workshop, write or call CDR Sue Englebert, at the Administrative and Coordination Division (G-M-1), senglebert@comdt.uscg.mil, or at 202-267-2388. If you have questions on viewing or submitting material to the docket, call Dorothy Beard, Chief, Dockets, Department of Transportation, at 202-366-5149.


OSHA Jurisdiction Over Uninspected Vessels
In an 8-0 decision, the U.S. Supreme Court ruled that uninspected vessels like barges, fishing vessels and tugboats are subject to the jurisdiction of the Occupational Safety and Health Administration (OSHA). This decision reverses a ruling by the 5th U.S. Circuit Court of Appeals, which said OSHA had no jurisdiction over the industry. This decision expands OSHA jurisdiction to about 68,000 vessels, whose employers can now be fined for dangerous working conditions. It is unclear at this time exactly what OSHA regulations will be imposed on these vessels, or how these regulations will be interpreted in the marine workplace. A news article on this ruling can be found at http://www.chron.com/cs/CDA/story.hts/business/1205599.


Maryland State Prohibition on Discharges of Vessel Sewage; Final Affirmative Determination
The Regional Administrator, Environmental Protection Agency (EPA) Region III has affirmatively determined, pursuant to section 312(f) of Public Law 92-500, as amended by Public Law 95-217 and Public Law 100-4 (the Clean Water Act), that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the navigable waters of Herring Bay, Anne Arundel County, and the northern Coastal Bays (Ocean City Inlet, Ocean City commercial fish harbor (Swordfish Basin), Isle of Wight Bay and Assawoman Bay), Worcester County, Maryland. Maryland will completely prohibit the discharge of sewage, whether treated or not, from any vessel in Herring Bay and in the northern Coastal Bays.

FOR FURTHER INFORMATION CONTACT: Edward Ambrogio, U.S. Environmental Protection Agency, Region III, Office of Ecological Assessment and Management, 1650 Arch Street, Philadelphia, PA 19103. Telephone: (215) 814-2758. Fax: (215) 814-2782. E-mail: ambrogio.edward@epa.gov.


Towing Safety Advisory Committee : Notice of Public Meeting
The License Implementation Working Group of the Towing Safety Advisory Committee (TSAC) will meet on Tuesday, February 12, 2002, from 1 p.m. to 5 p.m., and on Wednesday, February 13, 2002, from 8:30 a.m. to 3:30 p.m. in the 7th Floor, All-Hands Conference Room at Coast Guard's National Pollution Fund Center, 4200 Wilson Blvd., Arlington, VA, to discuss and develop the performance criteria to be used with the Towing Officer Assessment Record (TOAR) required in Title 46, Code of Federal Regulations 10.304(h). The meetings are open to the public.

Send written materials and requests to make oral presentations on or before February 1, 2002 to Mr. Gerald P. Miante; Commandant (G-MSO-1), Room 1210, U.S. Coast Guard Headquarters, 2100 Second Street, SW, Washington, DC 20593-0001 telephone 202-267-0229, fax 202-267-4570, or e-mail at: gmiante@comdt.uscg.mil. This notice is available on the Internet at http://dms.dot.gov. Security notice: All non-military/government participants MUST first go to the 10th floor of the Pollution Fund Center's offices with a photo ID (driver's license) and sign in. You will then receive a 2-day pass for the meetings.

The performance criteria to be discussed at this working group meeting, when developed, will be announced by a notice in the Federal Register and made available for review and comment. Sample Towing Officer Assessment Records (TOARs) were published on May 21, 2001, as part of the Navigation and Vessel Inspection Circular 4-01 (NVIC 4-01) entitled "Licensing and Manning for Officers of Towing Vessels." This NVIC provides guidance on the implementation of a recent interim rule, also titled Licensing and Manning for Officers of Towing Vessels (Docket Number USCG 1999-6224), published in the Federal Register on April 26, 2001 (66 FR 20931). The NVIC is available on the Internet at http://www.uscg.mil/hq/g-m/nvic/4_01/n4_01.pdf. The rulemaking history is also available on the Internet at http://dms.dot.gov under the same docket number (USCG 1999-6224).


Recent Coast Guard Navigation and Vessel Inspection Circulars
The Coast Guard has issued several recent NVIC's concerning guidelines for assessment of skills for seafarers and rescue craft.

a. NVIC 1-02 Concerning Guidelines for Assessment of Seafarers, Proficiency in Advanced Fire-Fighting- December 11, 2001.
Guidelines in the circular are for use in training programs approved or accepted by the Coast Guard as meeting STCW requirements and by designated examiners (DEs) when carrying out their assessments.

b.NVIC 2-02 Concerning Assessment of Seafarers' Proficiency
This circular provides national guidelines for assessment of seafarers' proficiency through demonstrations of skills of applicants for STCW certification as ratings forming part of a navigational watch (RFPNW). The guidelines are for use in training programs approved or accepted by the Cast Guard as meeting STCW regulations, and by designated examiners (DEs) when carrying out their assessments. Enclosure (1) provides an overview of the Coast Guard's policy on assessments of mariners as required by STCW. Enclosure (2) contains the national assessment guidelines.

c. NVIC 3-02 Concerning Guidelines for Assessment of Proficiency in Survival-Craft or Rescue-Boats- January 4, 2002
Guidelines in the circular are for use in training programs approved or accepted by the Coast Guard as meeting STCW requirements and by designated examiners (DEs) when carrying out their assessments. Enclosure (1) provides an overview of the Coast Guard's policy on assessments of mariners as required by the STCW. Enclosure (2) and (3) contain the final version of the national guidelines.


Coast Guard Issues Numerous Policy Letters Concerning Implementation of STCW
The Coast Guard's National Maritime Center (NMC) has issued a series of Policy Letters in anticipation of the February 1, 2002, implementation of amendments to the Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as amended.....

a. Licenses for Ocean or Near Coastal Mate on Vessels of 500 or More GT
On January 8, 2002, the USCG National Maritime Center (NMC) issued NMC Policy Letter No. 01-02, Applicants for Ocean or Near Coastal Mate License for Service on Vessels of 500 or More Gross Tonnage (GT) (200 Gross Register Tons [GRT]) with Qualifying Service or Training beginning on or after 1 August 1998 and All Applicants beginning 1 February 2002. This policy letter provides guidance about the requirements for processing and evaluating an application, and issuance of, a mate's license valid for service on seagoing vessels of 200 or more gross register tons (GRT) and STCW certification as an officer in charge of a navigational watch. It applies only to applicants who do not participate in an approved training program. Enclosures include qualifications, instructions for assessment of applicants, record keeping, performance standards, records of sea service , and an alternative scheme for compliance.

b. Administration of Exams for Certain Deck and Engine Licenses Subject to STCW
On January 11, 2002, the USCG National Maritime Center (NMC) issued NMC Policy Letter No. 02-02, Administration of Examination for Certain Deck and Engine Licenses Subject to the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as Amended (STCW). This policy letter provides guidance to the Regional Examination Centers about amending the format of the examination it administers for certain deck and engine licenses in order to comply with the STCW. These changes will take effect on February 1, 2002.

c. Radar Observer (Unlimited) Courses Under STCW
On January 14, 2002, the USCG National Maritime Center (NMC) issued NMC Policy Letter No. 03-02, Acceptance of Radar Observer (Unlimited) Courses to Satisfy Requirements of the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as Amended (STCW). This policy letter provides guidance about the STCW requirements that candidates for the certifications specified in STCW regulations be trained and assessed in the operation of Radar.

d. License Applications for Master or Chief Mate
On January 11, 2002, the USCG National Maritime Center (NMC) issued NMC Policy Letter No. 04-02, Applicants for Ocean and Near Coastal Master and Chief Mate Licenses for Service on Vessels of 3000 Gross Tonnage (GT) or More With Qualifying Service or Training Beginning On Or After 1 August 1998 and All Applicants Beginning 1 February 2002. This policy letter provides guidance about the requirements for processing and evaluating an application, and issuance of, a master or chief mate license valid for service on ships of 3,000 gross tonnage or more and STCW certification for master or chief mate. It applies to applicants who began the service or training to qualify for the license after August 1, 1998, and all applicants beginning February 1, 2002. Five enclosures to the policy letter discuss qualifications, assessment of applicants, records, performance standards and an alternate scheme effective until February 2003.

e. Processing of Applications for Licenses and Ratings
On January 17, 2002, the USCG National Maritime Center (NMC) issued NMC Policy Letter No. 06-02, Processing Applications for Licenses and Ratings Received Before February 1, 2002. This policy letter provides guidance to USCG Regional Examination Centers (RECs) about the validity and acceptance of applications for issuance of an original credential or upgrade of an existing credential when the application is received before February 1, 2002. It applies only to applications for a qualification that is subject to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW). Applications for qualifications subject to STCW, submitted before February 1, 2002 will be processed under the rules applicable at the time of submission, even if they are processed after 1 February.


USCG Issues Policy Letter Concerning Administration of Oaths to Applicants for Merchant Mariner Credentials
On January 14, 2002, the USCG National Maritime Center (NMC) issued NMC Policy Letter No. 05-02, Administration of Oaths to Applicants for Merchant Mariners' Credentials. This policy letter provides guidance about the administration statutorily required oaths to applicants for merchant mariners credentials. Under the new guidelines, oaths must be administered by designated Coast Guard Officials. Oaths administered by notaries will no longer be accepted.

If you have a regulatory-issue meeting planned, let us know, and we'll announce it in both our Vessel and Facility Newsletter and our DOT Pipeline Newsletter.

Yours,
W. R. (Bill) Byrd, PE
President
RCP Inc.
888-727-9937
wrbyrd@your-rcp.com
RCP - Your Regulatory Compliance Partner!