The COVID-19 pandemic has resulted in a myriad of unique operating conditions that warrant special considerations. Some challenges have included cruise ships mooring at facilities not approved for passenger operations, garbage removal, and facility and vessel crew interactions.
Because of these operational concerns, the following clarification and guidance is provided to help ensure the safety and security of workers, ports, and facilities:
- Signatures: Both Declarations of Security (DoS) and Declarations of Inspection (DOI) require signatures. Electronic signatures discussed below are acceptable. However, if electronic signatures are not reasonable, in lieu of having one DoS/DOI with two signatures, two separate forms may be used. Each DoS/DOI will be signed and the name of the other Person in Charge (PIC) or Facility Security Officer (FSO)/Vessel Security Officer (VSO) or their designated representative should be written on each form with a date and time. Each PIC and FSO/VSO shall keep their respective copies. Communications are key and both parties should ensure complete understanding of their duties and responsibilities before beginning any operations. (Ch 1)
- Declarations of Security (DoS) – 33 CFR 105.245 and approved Facility Security Plans require a DoS to be completed in certain situations, depending on the Maritime Security (MARSEC) level. While there may be a requirement to complete a DoS, there is no requirement for the coordination of security needs and procedures, signature of the DoS, or implementation of agreed upon measures to be conducted in a face-to-face manner between the FSO and the Master, VSO, or their designated representative. As such, electronic communication may be used for the purposes of completing the DoS, however a conversation should still occur between both the vessel and facility.
- Declarations of Inspection (DOI) – 33 CFR 156.150 requires a DOI to be completed before any transfer of oil or hazardous material to or from a vessel. Prior to the transfer beginning and in accordance with 33 CFR 156.120 and 156.120(w), the PIC from the vessel and facility shall meet to begin completing the DOI and hold a conference to ensure both parties understand the operation. The DOI meeting/conference can be completed over the radio, phone or at a safe social distance and still meet these requirements, however both PIC’s must communicate with each other before beginning any transfer. Additionally, both PIC’s shall sign the DOI, but it can be done electronically. All other requirements of 33 CFR 156.150 must be met before the transfer begins.
- Seafarer’s Access - Maritime facility operators are reminded they are not permitted to impede the embarkation/disembarkation of crew members as permitted under Seafarer's Access regulations. The authority to restrict access resides with Customs and Border Protection (CBP), the Coast Guard, and the Center for Disease Control (CDC) for medical matters. Facility operators should contact their local CBP, Coast Guard, or the CDC, State and local health department offices regarding specific questions or concerns about their individual operations. Nothing in the Seafarer Access requirements prevent the facility from maximizing options to minimize direct interaction that may include use of camera systems, barriers, or other measures. These modifications can be made to the Facility Security Plan or use of Noncompliance, as discussed below, may be used.
- Noncompliance – 33 CFR 105.125 discusses noncompliance with the facility security requirements. If a situation arises where a facility will not be able to comply with the requirements of 33 CFR 105, the facility must contact the Captain of the Port (COTP) to request and receive permission to temporarily deviate from the requirements. Potential situations where this can be used are modified escort requirements in secure areas or mooring a cruise ship at a non-passenger terminal. This request should include any new measures or safeguards the facility plans to employ to mitigate any risk from the non-compliance with 33 CFR 105. While not discussed in 33 CFR 105, the facility operator should also evaluate and consider any safety risks that may be created from the non-compliance. For example, if a facility will receive a different type of vessel than they normally receive, the facility operator should consider if the dock is physically capable of handling that vessel, and any logistical issues that may arise such as movement of personnel from the vessel off the facility, any medical issues or personnel that may be introduced to the facility, supplies for the vessel, and waste removal from the vessel.
- Waste Reception Facilities – Garbage and Medical Waste: 33 CFR 158 regulations require all ports and terminals under the jurisdiction of the United States to provide vessels with reception facilities for garbage (33 CFR 158.133(c)). International regulations require these reception facilities to have a Certificate of Adequacy (COA) issued by the Coast Guard that attests to their ability to offload garbage, which may include medical waste (33 CFR 158.410)…
- TWIC Enrollment Centers – If applicants are planning to visit an enrollment center, please use the “Find an Enrollment Center” feature at the bottom of the Universal Enroll website (https://universalenroll.dhs.gov/locator) to determine if the center is open and its hours of operation.
(For information about operations in the United States, contact GAC North America at [email protected])
Source: Extract from U.S. Coast Guard Marine Safety Information Bulletin No.07-20, Change 1, dated 17 April 2020
