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state and Federal law enforcement agen- cies. The Conference Report implies that the vessel operator is responsible for providing antiterrorism deterrence secu- rity measures, but may rely fully on government agencies, such as the Coast Guard, Federal Bureau of Investigation (FBI), and the Department of Defense to handle any response that may be required in the event that a terrorist inci- dent does occur. It is recommended that the Coast Guard immediately provide the regulat- ed community with guidance regarding how it interprets this provision and seek comment thereon. It is recommended that the Coast Guard limit itself to rec- ommending that vessel owners and operators identify responsible providers of security measures for potential use, while relying primarily on government law enforcement agencies, as indicated in the Conference Report. The MTSA. though, allows such a short deadline between promulgation of the interim rule by the Coast Guard and compliance by the ship owner or operator that it will be extremely difficult for owners and operators to vet responsible providers of security measures unless they have some earlier indication of what may be required. This early indication could be provided by means of a Notice, a Navigation and Vessel Inspection Circular (NVIC), or even a news release. After all, the MTSA has exempted this rulemaking from various requirements of the Administrative Procedures Act. Consistency with National and Area Maritime Security Plans The MTSA, at 46 U.S.C. § 70103(c)(3)(A), requires that the U.S. VSP "be consistent with the require- ments of the National Maritime Transportation Security Plan and Area Maritime Transportation Security Plans." When will a National Maritime Transportation Security Plan be issued? When will all of the various Area Maritime Security Plans be issued? Rather than rushing to publish such National and Area plans so that vessel operators can make their security plans consistent, it is recommended that the Coast Guard waive compliance with this provision until the next iteration of a ship's U.S. VSP following publication of the National and Area Maritime Transportation Security Plans. This will provide the Coast Guard time to draft well-considered plans and to put them out for public comment. Security Incident Response Plans The MTSA. at 46 U.S.C. § 70104, requires that the Secretary establish security incident response plans for ves- sels and facilities that may be involved in a transportation security incident. These plans, which may be included in the U.S. VSP. must provide for a com- prehensive response to an emergency, including notifying and coordinating Government Update with local, state, and federal authorities (including FEMA): securing the vessel or facility; and evacuating the vessel or facility personnel. It is unclear from this provision exactly what Congress Peel Strip Remove An improved method for removing paint, rust, adhesives & coatings from concrete. Aurand tools literally "peel" any accumulation from any hard surface. Here is the power of sandblasting in a compact, hand-held tool that can be used wherever a hard surface needs to be prepped prior to painting, refinishing or coating. Available in several widths, and in gasoline, pneumatic and electric models. TAKE IT OFF, TAKE IT ALL OFF Since 1937 JAJBAN) 1210 Ellis Street Cincinnati, Ohio 45223-1843 (513) 541 -7200 • FAX (513) 541 -3065 Email: sales@aurand.net • web: www.aurand.net • (800)860-2872 Circle 233 on Reader Service Card Next time you think of steering steer to Jastram! Circle 207 on Reader Service Card North American Shipbuilding chose Jastram steering when building this 260ft. anchor handling tug and supply vessel. Jastram Hydraulic Steering Systems are the ideal choice when designing a new vessel or planning a retrofit. ENGINEERING LTD. 467 Mountain Highway North Vancouver, B.C. Canada V7J 2L3 Tel: (604) 986-0714 Fax: (604) 986-0334 Web: www.jastram.ca e-mail: marketing@jastram.ca Americ Corporation 1910 E. Devon Ave. Elk Grove Village, IL 60007 For more information, call 800-364-4642 or Fax 847-364-4695 www.americ.com B. Kep»|th and Co. Ltd. fSi, * i incorporating Hepworth Marine INTERNATIONAL subsidiary Window Wiper Technologies Inc. Hepworth House, Brook Street, Redditch. Worcestershire B98 8NF Tel: +44 (0)1527 61243 Fax: +44 (0)1527 66836 Email: bhepworthi&>b-hepworth com Website: www b-hepworth com March 2003 Circle 239 on Reader Service Card Circle 201 on Reader Service Card
