Page 20: of Maritime Reporter Magazine (November 2003)

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Government Update • Maritime Security

Dennis L. Bryant, Senior Maritime

Counsel at the law firm of Holland & Knight, Washington, D.C., is a contributing editor of MR/EN. v • f -i-iVi v. ' t' • r* •

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At Sea with U.S. Maritime Security

By Dennis L. Bryant

Senior Maritime Counsel,

Holland & Knight

The U.S. Coast Guard issued its final regulations implementing the Maritime

Transportation Security Act of 2002 (MTSA). These regulations replace the interim rules issued on July 1, 2003 and take into account comments received thereon. Few substantive changes, though, have been made. The majority of the changes are in the nature of clari- fications. The submission date for secu- rity plans was changed from December 29 to December 31, 2003. Vessel and facility security plans must be in full effect not later than July 1, 2004.

Various alternative security programs submitted by specialized industry groups were approved. Overall, the

Coast Guard is to be congratulated for its development of a program for enhancing U.S. maritime security while maintaining consistency with the inter- national regime. The rulemaking fails, though, to acknowledge the ongoing dispute with Congress over whether this approach is consistent with that mandat- ed by the Maritime Transportation

Security Act (MTSA). This leaves the owners and operators of foreign-flag

SOLAS vessels stuck in the middle, with Congress having told them to sub- mit security plans to the Coast Guard. while the Coast Guard says such sub- mittals are unnecessary.

The problem has been building for almost two years - from the time bills were introduced in the House of

Representatives and the Senate to enhance the maritime security of the

United States following the horrific ter- rorist attacks of September 11. 2001.

These bills contained provisions that were unilateral, that would require for- eign ship owners and operators to do things that were not going to be dupli- cated internationally, such as making the

U.S. government the arbiter of how secure a ship coming to U.S. waters had to be and setting security standards for

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