regasification processes conducted within three nautical miles from land versus such processes conducted more than three nautical miles from land. This study would need to be completed and presented to the House Committees on Homeland Security, Transportation and Infrastructure, and Energy and Commerce and the Senate Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation within a year of the enactment of the Bill. Section 719: Seamen's Shoreside Access: Section 719 would require each facility security plan to provide a system for seamen to board and depart vessels at a facility in a timely manner at no cost to the individual. Section 720: Waterside Security around LNG Terminals and LNG Tankers: Section 720 would require enforcement, by the Coast Guard, of any security zone established by the Coast Guard around an LNG tanker, offshore or within navigable waters. In the event multiple security zones are established, the Coast Guard would be required to make
a decision to allocate adequate resources to deter a Transportation Security Incident ("TSI"), to the maximum extent practicable. A TSI is defined as a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area. In order to carry out these enforcement activities, the Bill would permit limited reliance on state and local governments as long as the state or local government enters into a contract, cooperative agreement, or other arrangement with the terminal operator to provide such services. This is the specific provision of the Bill that is the source of the Administration's threatened veto. Section 721: Review of LNG Facilities: Section 721 would require DHS to notify the Federal Energy Regulatory Commission ("FERC") when a determination is made that the waterway to a proposed land-based facility is suitable or unsuitable for the maritime traffic associated with such a facility. Within 90 days of such notice of determination, FERC would have to notify DHS of
what action it intends to take regarding a proposal to construct and operate an LNG terminal. Section 723: Report on State and Local Law Enforcement Augmentation of Coast Guard Resources with Respect to Security Zones and U.S. Ports Section 723 would require a report, within 180 days of the enactment of the Bill, to the House Committees on Homeland Security, Transportation and Infrastructure, and Energy and Commerce and the Senate Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation regarding the state and local law enforcement augmentation of certain Coast Guard resources. Specifically, the report would have to address the extent to which state and local law enforcement resources are augmenting Coast Guard resources that are being used to enforce security zones around vessels transiting to, through, or from a United States port or conducting port security patrols. Even though it appears unlikely that new security legislation will be enacted in 2008, given that over 95% of the U.S.
About the Authors
Left: Jonathan K. Waldron, Partner, Blank Rome LLP tel: 202.772.5964; Email: Waldron@BlankRome.com Waldron concentrates his practice in maritime, international, and environmental law, including maritime security. Right: Charles T. Blocksidge, Associate, Blank Rome LLP tel: 202.772.5834; Email: Blocksidge-C@BlankRome.com Charles Blocksidge, a former naval officer, concentrates his practice in the areas of maritime and environmental law for domestic and international clients.
international trade is transported by water, maritime security issues will continue to be a priority for Congress and the public at a minimum by next year. Owners and operators of vessels and other interested stakeholders must continue to be ever-vigilant in monitoring and implementing evolving security requirements as they are rolled out. Thus, this article is intended to meet that goal.
August 2008
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