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Charley Havnen News

12 Oct 2001

Terrorist Attacks Will Affect Port Operations

The entire United States (and anyone else in the world with access to cable or for that matter any TV) has become intimately involved in what is sure to become the seminal event of our time. The World Trade Center terrorism will change all of our lives in some respect from the day of the event onward. The only question is how much our lives will be changed. Even after the current threats pass our lives will ever be altered. It is up to our government and us as to the direction our country and our lives will take. If we leave it to our enemies, they would destroy us. Security of our airborne and waterborne commerce has now become a major national issue. This is an opportunity for the USCG to bring the maritime industry together for the common good.

12 Oct 2001

Terrorist Attacks Will Affect Port Operations

The entire United States (and anyone else in the world with access to cable or for that matter any TV) has become intimately involved in what is sure to become the seminal event of our time. The World Trade Center terrorism will change all of our lives in some respect from the day of the event onward. The only question is how much our lives will be changed. Even after the current threats pass our lives will ever be altered. It is up to our government and us as to the direction our country and our lives will take. If we leave it to our enemies, they would destroy us. Security of our airborne and waterborne commerce has now become a major national issue. This is an opportunity for the USCG to bring the maritime industry together for the common good.

26 Sep 2001

Port Security Takes Center Stage

The entire United States (and anyone else in the world with access to cable or for that matter any TV) has become intimately involved in what is sure to become the seminal event of our time. The World Trade Center terrorism will change all of our lives in some respect from the day of the event onward. The only question is how much our lives will be changed. Even after the current threats pass our lives will ever be altered. It is up to our government and us as to the direction our country and our lives will take. If we leave it to our enemies, they would destroy us. Security of our airborne and waterborne commerce has now become a major national issue. This is an opportunity for the USCG to bring the maritime industry together for the common good.

08 Oct 2001

Port Security Strengthened in Wake of Disaster

The entire United States (and anyone else in the world with access to cable or for that matter any TV) has become intimately involved in what is sure to become the seminal event of our time. The World Trade Center terrorism will change all of our lives in some respect from the day of the event onward. The only question is how much our lives will be changed. Even after the current threats pass our lives will ever be altered. It is up to our government and us as to the direction our country and our lives will take. If we leave it to our enemies, they would destroy us. Security of our airborne and waterborne commerce has now become a major national issue. This is an opportunity for the USCG to bring the maritime industry together for the common good.

24 Jan 2002

The Threat Is Real

One can only be troubled by the fact that there was at least one confirmed American fighting for the Al Qaeda. This young American, John Walker, was attending an Islamic school in or near Saudi Arabia when he became embroiled in the Al Qaeda (probably with his classmates). This means the extremist Islamic teachings that build terrorist mentality are not just in the Madrasus of poor Pakistan but are located in middle and upper class locales of Saudi Arabia and elsewhere in the Islamic world. The arrest in October of Armed Farid Rizk in a well appointed intermodal container bound for Canada must give one pause. The container was equipped with satellite phone, laptop computer and all the comforts of home. He had credentials giving access to airports in Canada, Egypt and Thailand.

08 May 2002

OSHA Standards Applicable on Uninspected Vessels

There has been much ado over the recent Supreme Court ruling that a commercial uninspected drilling vessel must comply with applicable Occupational Safety and Health Administration (OSHA) standards since the vessel was not regulated by under the USCG inspected vessel standards. Those in the know within the industry do not regard this ruling as anything of great consequence, but rather a return to nationally uniform rulings of the law. The case Choa V. Mallard Bay Drilling, Inc. involved an explosion onboard the inland drilling barge RIG 52 in June of 1997. The RIG 52 was in Louisiana waters and was nearing completion of a well when an explosion occurred killing four crewmen and injuring two others.

06 Dec 2000

USCG 12-Hour Clause Policy Letter Issued

The USCG recently published a letter concerning watchkeeping policy and workhour limitations on towing vessels, offshore supply vessels (OSVs) and crewboats using a two watch system. This letter is labeled G-MOC POLICY LETTER 4-00 and is dated Sept. 1, 2000. The letter is too long to publish here but may be found online at the USCG web site (www.uscg.mil/hq/g-m/gmhome.htm and using the “Search” button look for “G-MOC Policy 4-00”). It is unfortunate that the letter must be read with several other references handy. They include Title 46 USCA and at least part of the Code of Federal Regulations. The letter goes into a good bit of detail concerning interpretation of the law and regulations concerning hours of work on vessels authorized to use a two watch system.

08 Mar 2001

USCG Towboat Licensing Rules Are Still Pending

The saga of the USCG modification of the towing licensing rules continues. On Oct. 27, 2000 the USCG delayed by six months the implementation of the new towboat licensing requirements published November 19, 1999. They were to go into effect on Nov. 20, 2000. As you may recall, these rules make far reaching changes to the licensing system for towing vessels. They completely split towboat license off from the rest of the maritime licensing system. In general terms towboat licenses will not be accepted in non-towing service and visa versa. In the future, mariners without a specific endorsement for Towing on their license will not be able to operate a towing vessel.

17 Jul 2002

Will the USCG be Properly Funded?

The White House has embarked on a full-scale effort to sell the new federal cabinet level Department of Homeland Security. While the Congress does not seem to oppose the creation of the new department, they will no doubt reshape the make up as the project works its way through the system. Once the Congress starts adding and subtracting from what will go into the agency the process will become quite unpredictable. The stated purpose of the new agency would be to be the repository or clearinghouse of all domestic terrorism intelligence, merging some 22 agencies with 170,000 employees. At first blush it would appear the agency would be driven by the US Customs and Secret Service [both from Treasury] and the Transportation Security Agency [from Transportation (DOT)].

24 Jul 2003

New Security Regs Will Challenge

(Photo Credit: U.S. On July 1, 2003 the Coast Guard published in the Federal Register the long anticipated regulations concerning maritime port and vessel security. This is a major rulemaking printed in seven separate individual rulemakings. These rulemakings concern compliance with provisions of the Maritime Transportation Security Act of 2002 (MTSA) and implementation of the International Maritime Organization's (IMO's) International Ship and Port Facility Security (ISPS) Code. The regulations incorporate the ISPS Code into the domestic maritime trade. For more, see full published article in the August 11, 2003 edition of MarineNews.

23 Jul 2003

Column: Security Plans Here to Stay

Everyone in the transportation business will be dealing with security plans. Maritime, highway and railway transporters of cargo will become very familiar with the preparation and maintenance of security plans. The USCG security requirements will specify submission of security assessments and plans by January and full compliance with approved security plans by July 2004. On the other hand, the Department of Transportation (DOT) has issued interim regulations requiring security plans be in place for highway and rail transporters of placarded hazardous material (and some other commodities) by September 25, 2003, and training of transportation employees before the end of the year.

24 Jul 2003

Security Seminar Series a Success

"An excellent and useful presentation. The program provided the high level information I needed to further my understanding of the new security regulations as they are currently written," said Tom Smith, VP Human Resources, QI & CSO, Canal Barge Company, Inc. Mr. Smith's comments were taken following the first of a series of seminars designed to explain the new Coast Guard Maritime Security regulations, published July 01, 2003, which was held at the New Orleans Airport Hilton Hotel on Tuesday, July 22, 2003. The seminar was co-sponsored by the Havnen Group of New Orleans, well known maritime consultants and The Maritime Group of New York, publishers of Maritime Reporter and Engineering News, Marine News, the Marine Security Sourcebook and marinelink.com .

07 Aug 2003

Column: Maritime Security Regulations Published

On July 1, 2003 the Coast Guard published in the Federal Register the long anticipated regulations concerning maritime port and vessel security. This is a major rulemaking printed in seven separate individual rulemakings. These rulemakings concern compliance with provisions of the Maritime Transportation Security Act of 2002 (MTSA) and implementation of the International Maritime Organization's (IMO's) International Ship and Port Facility Security (ISPS) Code. The regulations incorporate the ISPS Code into the domestic maritime trade. The ISPS Code applies to all port facilities and vessels (MODUs, cargo & passenger vessels subject to SOLAS) in international trade. Any vessel not on the above list must still comply with the new security provisions of 33 CFR Parts 101 and 103.

10 Jan 2003

Havnen:Port Security has Become the Dominant Maritime Issue

Much has been happening in the area of Transportation Security. The Department of Homeland Security has been created and will officially open its doors on March 1, 2003. The Coast Guard will remain intact and be an integral part of the new department. The International Maritime Organization (IMO) in London has been furiously at work generating new international standards. Last and not at all least, the Maritime Transportation Safety Act of 2002 (MTSA) is now the law of the land. For almost a year the Congress has been at an absolute impasse on the subject of maritime security. Suddenly, it has become sufficiently important (after the election) to draw the full attention of the Congress. The Lame Duck session of the Congress performed what had been impossible for the entire year.

07 Jul 2003

Feature: New Maritime Security Rules: Will Your Company be Ready?

A new series of seminars, starting in July and ending in September, aims to educate the maritime community on fast developing new rules and regulations, and more importantly, on how these changes will affect individual companies. Starting in July and ending in September, The Havnen Group — in conjunction with The Maritime Group, publishers of Maritime Reporter & Engineering News, MarineNews and the Marine Security Sourcebook — will host a nine-seminar series, starting in the Gulf of Mexico and ending in New York. Since 9/11, the U.S. has been exerting increased security upon all means of transportation. The international maritime community perceives increased security as a necessity to continuing commerce.

07 Jul 2003

Feature: Barge Movement Tracking of Certain Dangerous Cargoes (CDCs) Mandated

On May 2, 2003, the USCG published two Temporary Final Rules establishing Regulated Navigation Areas (RNAs) in the Federal Register governing the movement (by barge) of Certain Dangerous Cargoes (CDCs) upon the inland rivers of the Eighth Coast Guard District and the Illinois Waterway System in the Ninth Coast Guard District. The rules will apply from April 16, 2003, until October 31, 2003. Any movement of CDCs by barge within the waters specified must be reported to the Inland River Vessel Movement Center (IRVMC) by telephone, fax, or e-mail. The USCG indicates that no Notice of Proposed Rulemaking was published as this notice falls under the exemption to the Administrative Procedures Act contained in the Maritime Transportation Security Act (MTSA) of 2002.

25 Nov 2002

US Anti-Terrorism Posture Solidifies

The elections held on November 6th have helped to focus on some significant issues that have been mired within the halls of Congress for the past year. It is now clear that our President will get his agenda accomplished in short order. The lame-duck session of Congress has been tasked with creating the Department of Homeland Security. This will probably be done almost exactly in the manner the White House originally requested. It also seems extremely likely that we will see a strong port security statute out of the same Congressional lame-duck session. The next round of port security grant money is also nigh, with predictions that it will contain $120 million in grants. Submission deadlines are rumored to be before the first of the year.

06 Dec 2002

US Anti-Terrorism Posture Solidifies

The elections held on November 6th have helped to focus on some significant issues that have been mired within the halls of Congress for the past year. It is now clear that our President will get his agenda accomplished in short order. The lame-duck session of Congress has been tasked with creating the Department of Homeland Security. This will probably be done almost exactly in the manner the White House originally requested. It also seems extremely likely that we will see a strong port security statute out of the same Congressional lame-duck session. The next round of port security grant money is also nigh, with predictions that it will contain $120 million in grants. Submission deadlines are rumored to be before the first of the year.

29 Jan 2003

MARINE SECURITY:The New Faces of Security

The U.S. maritime world is rapidly changing direction as security becomes an ever larger and more important issue to the federal government. We have seen the Department of Homeland Security created, the Maritime Transportation Security Act of 2002 become law, and the International Maritime Organization (IMO) establish new standards. The new international requirements will go into effect in July 2004, and will apply to US vessels in international trade, foreign vessels that call on US ports and US facilities that engage in international trade. In many respects they mirror MSTA '02. The USCG has made it very clear that these international…

11 Feb 2003

News Analysis: The New Faces of Security

The U.S. maritime world is rapidly changing direction as security becomes an ever larger and more important issue to the federal government. We have seen the Department of Homeland Security created, the Maritime Transportation Security Act of 2002 become law, and the International Maritime Organization (IMO) establish new standards. The new international requirements will go into effect in July 2004, and will apply to US vessels in international trade, foreign vessels that call on US ports and US facilities that engage in international trade. In many respects they mirror MSTA '02. The USCG has made it very clear that these international…

30 Apr 2001

USCG Regulations Lag Behind Offshore Activity

The loss of the world’s largest floating deepwater production platform, Petrobras’ P-36, last month off the coast of Brazil with the loss of 10 men will reverberate throughout the oil industry for years to come. We do not yet know what happened to the unit other than that there were reported to be three separate explosions after which the unit took on severe list of about 24 degrees and sank several days later. Was the unit unsafe? Was it operated improperly? We do not yet know the answers and may never know all the answers. Here in the U.S., the USCG continues to go forward with the regulatory project that would modify the rules on the US Outer Continental Shelf (OCS).

29 Jul 1999

Chemical Spill Rules for Tank Vessels Proposed by USCG

We all know OPA 1990 contained directions to EPA and the USCG concerning incident response planning and handling with respect to oil. Many of us forget the Act contained similar requirements for chemical incidents. The major difference between the two was oil pollution planning requirements were to be completed by EPA and the USCG within a specified time. There were no such time-directed response planning requirements concerning chemical incidents within the Act. Initially, in 1990, the USCG took the lead on oil spill response planning and EPA was to take the lead on chemical response planning. For some reason, EPA was unable to move forward and develop effective rules for chemical response plan incident planning.

17 Aug 1999

Hazardous Substance Proposal

A recent article mentioned the USCG's March 22, 1999, Notice of Proposed RuleMaking (NPRM) concerning Tank Vessel Response Plans for Hazardous Substances. Since that time I've spent a good deal of time thinking about this NPRM. I feel it appropriate to address some additional aspects of the proposal. There are many issues seemingly unresolved within the proposal. Is it the USCG's intent to establish a new industry for hazardous substance response recovery, developing techniques and recovery equipment not widely in use? If one takes seriously what the USCG has written, such would seem to be the case. It would seem the USCG is taking the experience gained from many years of working with oil recovery and attempting to apply it to chemical responses. Is that possible? Many think it isn't.