Page 16: of Maritime Reporter Magazine (March 2004)

Government Update

Seen in an historical perspective, the recent Coast Guard activities are anoth- er example of that service's prompt response to new challenges.

Security Challenges at

Chem Facilities

At a hearing before the Subcommittee

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John B. Stephenson. Director of

Natural Resources and Environment of the U.S. General Accounting Office (GAO) testified that chemical facilities may be an attractive target for terrorists.

Only those chemical facilities located adjacent to waterways are currently required to prepare and submit security plans.

In accordance with the Maritime

Transportation Security Act (MTSA). such chemical plant and other water- front facilities are required to submit

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GAO-04-482T (Source: HK Law).

Delayed Enforcement of

Change to "Shipper"

Element

The U.S. Bureau of Customs and

Border Protection (CBP) issued a Notice stating that is delaying indefinitely implementation of the change to the "shipper" element of the advance mani- fest filing requirement as provided for in its December 5. 2003 rulemaking under the Trade Act of 2002.

The change was scheduled to come into effect on March 4, 2004 and would have changed the "shipper" element of the advance manifest filing required of carriers from "the shipper's complete name and address, or identification number, from all bills of lading" (as pro- vided for in the October 31, 2002 rule- making establishing the 24-Hour Rule) to "the identity of the foreign vendor, supplier, manufacturer, or other similar party" (as provided for in the December 5, 2003 rulemaking).

The purpose of the indefinite delay is to allow CBP time to review a petition submitted by trade representatives chal- lenging the definition of shipper. The trade representatives contended that car- riers normally do not have access to the identity of the foreign vendor, supplier, manufacturer, or similar party. The extent of the carrier's information is gen- erally limited to that found on the bill of lading. Until this issue is resolved, CBP will continue to enforce the require- ments for the data element "shipper" as promulgated in the 24-Hour Rule. (Source: HK Law).

NVIC - Environmental

Inspection of Foreign

Vessels

The U.S. Coast Guard issued a

Navigation and Vessel Inspection

Circular (NVIC) providing an adden- dum to its Foreign Passenger Vessel

Inspection Book consisting of an envi- ronmental inspection checklist. The checklist was developed with the partic- ipation of the Florida Caribbean Cruise

Association (FCCA) and the Florida

Department of Environmental

Protection (FDEP) and takes into con- sideration new regulations on cruise vessel operations in certain Alaska waters.

The checklist does not change the reg- ulations, but provides an extensive list of possible inspection items related to pollution prevention equipment, opera- tion, plans, and records. (HK Law)

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