US Coast Guard published the Seafarers’ Access to Maritime Facilities Final Rule in the Federal Register on April 1, 2019, informing owners and operators of Maritime Transportation Security Act-regulated facilities that they are required to provide seafarers, holding valid US visas and other covered individuals, with the ability to transit through the facility in a timely manner and at no cost to the individuals.
Specifically, the Rule orders that each owner or operator of a maritime facility regulated by the Coast Guard is required to implement a system providing seafarers, pilots, and representatives of seamen’s welfare and labour organisations access between vessels moored at the facility and the facility gate, in a timely manner and at no cost to the seafarer or other individuals.
The official rule provides to owners and operators regulatory flexibility to decide the method of shore access that best suits the size and function of their facility.
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These methods may include, but are not limited to, providing regularly scheduled or on-call shuttle service, taxi service, arrangements with seafarers’ welfare organizations, or monitoring of pedestrian routes.
Moreover, according to the Rule, the access procedures should be documented in the Facility Security plan for each facility, and have to be approved by the local Captain of the Port.
Although the final rule will be in effect on May 1, 2019, each facility owner or operator has 14 months after publication of the final rule to implement a system.
The delay in the implementation of the Rule, enables the Captain of the Port to collaborate with each facility under the possibility of deficiencies in the plan.
In 2014, when the Notice of Proposed Rulemaking was published, the USCG held one public meeting as it was open for the public’s feedback. Overall, the Coast Guard received 163 comments.
The commenters that participated, represented private individuals, port authorities, pilots’ associations, industry groups, professional mariner associations, seafarers’ unions, seafarers’ churches and centers, other mariner non-governmental organizations, the World Shipping Council, and the Company of Master Mariners of Canada.
Capt. Ryan Manning, Chief of the Coast Guard’s Office of Port and Facility Compliance highlighted that
This final rule is important because mariners may be at sea for days, weeks, or even months as part of their employment on a ship, and shore leave is a critical part of maintaining their health, welfare, morale, and overall quality of life.
He concluded that the Coast Guard’s final rule makes sure that mariners are provided with secure, and reasonable no-cost opportunities to transit through MTSA-regulated facilities in order to access fundamental human services shore side, and to visit with family and friends.
The Coast Guard thanks the entire maritime community for their input in drafting this rule to ensure covered individuals are not denied access.