On 14 May 2008, the US Coast Guard (USCG) issued a Notice of Proposed Rulemaking (NPRM) that would require crewmembers onboard foreign-flag and US-flag ships to carry and present upon demand acceptable identification. Vessel operators would be responsible for crewmember compliance. Comments are due on 14 July 2008. The following is a link to the proposed rule: http://edocket.access.gpo.gov/2008/pdf/E8-10707.pdf

Background
Section 102 of the Maritime Transportation Security Act of 2002 (MTSA) mandated that crewmembers be required to have acceptable identification when calling at US ports as one means to alleviate security concerns. Because of the Coast Guard’s delay in implementing these requirements, section 110 of the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), set a deadline of 13 October 2007, for these requirements to be put in place. This NPRM is intended to meet that requirement, albeit belatedly.

Discussion
The NPRM would require crewmembers on certain vessels to carry and present on demand acceptable identification when the vessel is in the navigable waters (i.e., within 12 nautical miles of the US coastline) of the United States. Vessel operators, including owners, charterers, or other contractors responsible for the operation of a vessel, would be responsible for ensuring crewmember compliance with the requirement. The NPRM would allow crewmembers to store their identification with the ship’s master, so long as the identification is onboard the ship and can be presented on demand. Under the NPRM, acceptable forms of identification would include:

• Passport
• US Permanent Resident Card
• US Merchant Mariner’s Document
• Transportation Worker Identification Credential (TWIC)
• Seafarer’s Identification Document (SID) issued by or under the authority of the government of a country that has ratified the International Labour Organization Seafarers’ Identity Documents Convention (Revised), 2003 (ILO 185).

The new requirements would apply to all crewmembers onboard foreign-flag vessels or US-flag vessels coming from a foreign port or place, and calling at a port or place in the United States. The rule would not cover vessels simply passing through the navigable waters or public vessels not engaged in commercial service. Additionally, the NPRM would provide an exception for vessels that unexpectedly visit a US port due to unforeseen factors under force majeure.

Upon implementation, these crewmember ID requirements would subject (1) the offending crewmember and vessel operator to civil penalties of up to $25,000 per violation under MTSA; and (2) the vessel to control actions by the Coast Guard under the Ports and Waterways Safety Act.

The Coast Guard notes in the NPRM that few crewmembers, either US or foreign, would be required to procure additional identification in order to meet the requirements of the proposed regulation due to existing seafarer identification requirements.

Conclusions and Recommendations
Vessel owners and operators should review the NPRM and consider filing comments concerning the acceptable forms of identification, the impact of the regulation on the industry, or the penalties for noncompliance. Comments must be submitted on or before July 14, 2008.

Source of information:

Blank Rome LLP Maritmie Developments Advisory No. 18 (July 2008) www.BlankRome.com