Page 5: of Maritime Reporter Magazine (September 2004)

issue of the breadth of the regulations include those submitted by the

American Petroleum Institute (API) and

Protection ot Sensitive Security

Information (SSI) are overbroad.

Comments were received from some readers stating that the recent USCG

Navigation and Vessel Inspection

Circular (NVIC) regarding Guidelines for Handling of SSI was not, as I assert- ed, SSI because the NVIC stated that

USCG policy is that only USCG docu-

NTSB Reports on 1-40 Accident; AWO

Pledges Support

The American Waterways Operators (AWO) pledged as the National Transportation Safety

Board (NTSB) released the results of its investi- gation of the May 2002 1-40 bridge accident at

Webbers Falls, Oklahoma.

AWO President Thomas A. Allegretti called the

NTSB findings "important information that will help our industry and make the traveling public safer. AWO is a partner with the NTSB and the

Coast Guard in improving marine transportation safety. We are committed to studying, learning from and applying the lessons of this investiga- tion for our industry. In particular, AWO would be pleased to provide any assistance possible with regard to the NTSB recommendation that the

Coast Guard evaluate the utility and effective- ness of wheelhouse alerter systems on inland towing vessels for preventing accidents."

Since the 1-40 accident, AWO has worked coop- eratively with government to understand the causes of barge/bridge accidents and take action to make marine transportation safer.

Highlights include:

The Coast Guard-AWO Bridge Allision Working

Group, established immediately after the 1-40 accident to study the frequency and causes of towing vessel bridge accidents. The Working

Group report, released in May 2003, recom- mended a package of prevention measures to improve bridge safety.

A pilot project with the U.S. Coast Guard to implement Crew Endurance Management sys- tems as a means of improving decision-making fitness and increasing safety levels on towing vessels.

Sample policies on Bridge Transit Safety and

Operator Incapacitation, developed by AWO safety experts for use as tools for inland and coastal operations. AWO's Board of Directors will vote in October to add requirements for safe bridge transit and operator incapacitation pro- cedures to the AWO Responsible Carrier

Program, a third-party-audited safety manage- ment system with which all AWO members must comply as a condition of membership in the association.

September 2004

SSI Concerns Continue

By Dennis Bryant, Senior Maritime

Counsel, Holland & Knight LLP

I recently expressed concern that the regulations promulgated by the

Transportation Security Administration (TSA) on May 18, 2004 relating to ments marked 'SSI' are actually SSI. I do not concur. Under the TSA regula- tions, which are controlling. SSI con- sists of a long list of information the dis- closure of which would, in the opinion of TSA, be detrimental to the security of transportation. USCG NVICs "related to maritime security" are specifically included in this list, and there is no caveat that the NVIC be marked 'SSI'. I have been advised that TSA is reconsid- ering its policy regarding SSI in light of the various comments received on its rulemaking. Comments addressing the the Coalition of Journalists for Open

Government. In the meantime, though, the current rule is controlling. One can only hope that moderation (such as that exhibited in the USCG NVIC) continues to be exercised until this situation can be resolved.

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