Spotlight - Port Security

Welcome to the Maritime Spotlight. Here you'll find hundreds of pages of information on current and recent developments, port security, government compliance, legislation and court decisions. You can access links to industry resources and organizations and archived materials on maritime matters, as well.


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TSA – false statements regarding security background checks

The Transportation Security Administration (TSA) issued an interim rule prohibiting public transportation agencies, railroad carriers, and their respective contractors and subcontractors from knowingly misrepresenting Federal guidance or regulations concerning security background checks for certain individuals. The rule comes into effect immediately. Comments on the rule should be submitted by September 2.

73 Fed. Reg. 44665 (July 31, 2008).

Hearing on nuclear detection architecture

The Senate Committee on Homeland Security and Governmental Affairs conducted an oversight hearing on the

Global Nuclear Detection Architecture. Committee Chair Joseph Lieberman (I-CT) discussed redundancies and gaps in the current system. Ranking Member Susan Collins (R-ME) discussed the importance of a multi-layered defense. Mr. Charles Gallaway and Mr. Mark Mullen, Domestic Nuclear Detection Office, testified concerning the status of the program. Mr. David C. Maurer, Government Accountability Office, testified on the challenges faced in implementing the architecture, including efforts to enhance detection of radiological and nuclear materials on small vessels. Ms. Dana A. Shea, Congressional Research Service, testified concerning the development of the program and various policy issues related thereto. Mr. Robert F. Nesbit, The MITRE Corporation, testified that it would be very difficult to detect a nuclear device in transit. (7/16/08).

USCG – training requirements for escorts

The US Coast Guard issued a

Frequently Asked Question (FAQ) regarding training requirements for escorts on regulated facilities and vessels. (7/10/08).

USCG – TWIC implementation – North Carolina & Texas

The US Coast Guard issued a notice stating that owners and operators of waterfront facilities in USCG Captain of the Port (COTP) Zones North Carolina, Cape Fear River, Corpus Christi, and Port Arthur must implement access control procedures utilizing the Transportation Worker Identification Credential (TWIC) no later than November 28.

73 Fed. Reg. 40739 (July 16, 2008).

G8 Summit – statement on counter-terrorism

The White House released a statement of the national leaders attending the Summit of the Group of Eight (G8) on

Counter-Terrorism. The leaders acknowledge the central role of the United Nations in countering terrorism and call on all UN Member States to implement appropriate measures and relevant Security Council resolutions. (7/8/08)

USCG – TWIC compliance date for Great Lakes

The US Coast Guard issued a notice stating that owners and operators of waterfront facilities located within USCG Captain of the Port (COTP) Zones Buffalo, Duluth, Detroit, Lake Michigan, and Sault Ste. Marie must implement access control procedures utilizing the Transportation Worker Identification Credential (TWIC) no later than October 31.

73 Fed. Reg. 39323 (July 9, 2008).

USCG – TWIC compliance date for Great Lakes

The US Coast Guard issued a

press release stating that the Transportation Worker Identification Credential (TWIC) program compliance date for owners and operators of facilities located within the USCG Captain of the Port (COTP) Zones of Buffalo, Duluth, Detroit, Sault Ste. Marie, and Lake Michigan is October 31, 2008. This date is in addition to the October 15, 2008 compliance date for facilities located in the COTP Zones of Boston, Northern New England, and Southeastern New England. Further compliance dates will be announced in the future. A Framework of expected compliance dates will, though, provide guidance regarding this point. By April 15, 2009, all US port facilities must be in compliance and all credentialed US mariners must be in possession of a TWIC. (7/2/08).

DHS OIG – cargo container targeting

The Department of Homeland Security (DHS) Office of Inspector General (OIG) issued the report of its review of the Cargo Enforcement Reporting and Tracking System (CERTS) administered by US Customs and Border Protection (CBP). CERTS is intended to gather data on cargo examination findings and report on how efficiently examination equipment is being used. Analysis of this information can be used to improve CBP’s ability to identify high-risk cargo containers entering the United States and examination methodologies. The review found that CBP has not updated its CERTS project plan. In addition, CBP bypassed key Customs Standard Life Cycle reviews designed to ensure end-users have a properly working system and have received management’s approval to continue the project. As a result, CERTS project development was delayed and not fully available to end-users as CBP originally planned.

OIG-08-65 (7/1/08).

GAO – DHS risk-based grant methodology reasonable

The Government Accountability Office (GAO) issued a report concluding that the risk-based methodology utilized by the Department of Homeland Security (DHS) to award grants (such as the port security grants) is reasonable, but that the current measure of vulnerability should be enhanced to account for variations across different geographic areas.

GAO-08-852 (6/27/08).

GAO – report on implementation of maritime security strategy

The Government Accountability Office (GAO) issued a report on implementation of the national maritime security strategy. Of the six desirable characteristics of an effective national strategy, the National Strategy for Maritime Security and its eight supporting implementation plans fully address four and partially address the remaining two.

GAO-08-672 (6/20/08).