Marine Transportation System National Advisory Council

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Marine Transportation SystemNational Advisory
Council

• SEA-21 Working Group Report
• May 13-14, 2002
• New Orleans, LA

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SEA-21 Working Group Overview

• MTSNAC SEA-21 Working Group convened twice
• October 31 November 1, 2001, McLean, Virginia
• February 22, 2002, McLean, Virginia.
• Recommendations developed following brainstorming
  and discussion
• Legislative or program opportunities likely to be
  effective in addressing MTS needs
• Politically, technically, and institutionally
  feasible
• Sufficient common ground among various MTS
  constituencies to move recommendations forward
• Recommendations organized into five major areas
• Security (S),
• Infrastructure (I),
• RD and Information Technology (R),
• Human Resources (H), and
• Environment and Safety (E)

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SEA-21 Working Session Objective

• Develop and prioritize a list of legislative and
  programmatic actions required to address
  nationally significant marine transportation
  system needs

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Working Group Process Overview

• Organized discussion around the 10 categories
  used in the SEA-21 industry perspective briefing
• Built on MTSNAC white paper, MTSNAC Subcommittee
  efforts, and other related work
• Focused on common ground initiatives where
  success is most likely, including both
  programmatic and legislative actions
• Developed modules that can be considered
  individually or collectively, depending on the
  legislative process
• Used computer-based tools to assist in capturing,
  organizing, prioritizing, and developing proposed
  actions

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Background Materials

• Report to Congress, September 1999
• MTSNAC Challenges and Opportunities paper, July
  16, 2001
• SEA-21 Industry Perspective briefing, October
  2001
• MTSNAC Subcommittee meeting minutes and reports,
  various dates, 2000-01
• ICMTS needs assessment, October 2001
• Other

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SEA-21 Industry Brief Categories

• System Capacity
• Congestion
• Intermodal Connectors
• Port Channels
• Lock and Dam Infrastructure

• Skilled Workforce
• Technology Research
• Information Systems
• Security
• The Environment

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Review, Clarify, Propose, Prioritize

• For each of the SEA-21 industry briefing
  categories the SEA-21 Working Group
• Reviewed challenges, opportunities, and needs as
  expressed in briefings and papers
• Discussed, clarified, and augmented as
  appropriate
• Proposed specific legislative or programmatic
  actions to address needs
• Prioritized actions within category

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Develop Selected Initiatives

• Beginning with highest priority initiatives, use
  the templates provided to indicate
• Issue/Need from white papers, briefing,
  subcommittee reports
• SEA-21 Category(ies) one or more of the 10
• Proposed Action from prioritized list developed
  during workshop
• Rationale for Action make the case for the
  need/opportunity based on data, analysis, past
  studies
• Order of Magnitude Estimate of Funding
  Requirement - M, B, etc.

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SEA-21 Working Group Summary
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SEA-21 Working Group Summary (contd)
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SEA-21 Working Group Summary (contd)
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SEA-21 Working Group Recommendations - Security

• Define the jurisdiction, roles and
  responsibilities
• Implement positive access controls for terminal
  facilities (anywhere in the supply chain)
  landside and waterside.
• Cargo Security Develop/revise information
  systems to allow screening of shipments
• Assessment of vulnerability to prioritize
  assignment of resources and reduce risk
• Federal legislation to limit liability for
  damages due to acts of terrorism
• Provide federal funding for seaports and
  waterways security
• International Maritime Security standards

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S-1 Define the Jurisdiction, Roles and
Responsibilities

• Define the jurisdiction, roles and
  responsibilities and levels of authority of the
  Federal, State, local law enforcement entities
  and other statutorily authorized entities within
  the intermodal transportation system.
• Assess overlaps, redundancies, and gaps.
• Craft legislation and regulations that result in
  enhanced communication, staffing, planning, and
  execution/reaction consistent with the objectives
  of Homeland Security needs.

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S-1 Define the Jurisdiction, Roles and
Responsibilities

• Additional comments
• This activity should be expanded beyond a focus
  on Security to also define the jurisdiction,
  roles and responsibilities for the other four
  areas identified in the working draft (I,R,H E)
• This activity should also address the
  jurisdictional interfaces between the Marine
  Transportation System and the Surface
  Transportation System for these same areas.

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S-2 Implement Positive Access Controls for
Terminal Facilities Landside and Waterside

• Create a single universal uniform standard
  credential and credentialing system for
  transportation and longshore workers (national in
  scope).
• Covers marine terminal workers, longshoremen,
  truckers, supervisors, intermodal railway
  workers, off dock container yard workers, U.S.
  Merchant Mariners, service providers and others
  determined by the Secretary to have access to
  information regarding shipment consists, cargo
  plans, container loading plans, cargo lists,
  Bills of Lading and planned vessel movements.
• Issued by government agency as designated by TSA
  to authorized individuals and should have
  meaningful appeal process for those denied
  credentials.
• This credential should be valid for a reasonable
  period of time (e.g. 5 years) and the credential
  should be obtained by the individual.

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S-2 Implement Positive Access Controls for
Terminal Facilities Landside and Waterside

• Additional comments
• The stated assumption that the Coast Guard will
  continue to work with the IMO to develop and
  coordinate international credentialing does not
  appear to recognize that a DOT action group, the
  Transportation Workers Identification Card(TWIC)
  group is well along in its analysis of this
  issue. Any initiatives recommended by the MTSNAC
  should reflect and coordinate with other
  government efforts.
• Recommendations should also take into
  consideration the many already-existing private
  sector worker identification systems when
  developing a federally-mandated ID process.

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S-3 Cargo Security Develop/revise Information
Systems to Allow Screening of Shipments

• Enhance intelligence on the planned and actual
  movement of goods.
• Define standards and fund enhanced information
  systems that identify planned shipments and
  shipper and beneficial owner in advance of
  freight movement.
• Provide edits to identify variations from planned
  transportation events, such as volume, route,
  commodity, destination, points of origin,
  beneficial owner, dwell times at ports.
• Require verifiable vessel owner and operator
  identification of all arriving, transiting and
  departing vessels within US territorial waters.

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S-3 Cargo Security Develop/revise Information
Systems to Allow Screening of Shipments

• Additional comments
• Action recommendations should include the need to
  designate one federal agency as the collector and
  disseminator of information. Companies should not
  have to provide the same info to multiple
  organizations. Meetings with the US DOT Business
  Practices working group have identified US
  Customs as the potential agency to handle this.

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S-4 Assessment of Vulnerability to Prioritize
Assignment of Resources and Reduce Risk

• Perform an assessment of the current security
  risks and threats to the nation's critical ports
  and waterways, including territories.
• Use assessment to allocate resources and to
  support port security planning.

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S-5 Federal Legislation to Limit Liability for
Damages Due to Acts of Terrorism

• Federal legislation that includes liability
  limitations for conveyance and facilities owners
  and operators for all claims and damages arising
  out of terrorist acts.

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S-6 Provide Federal Funding for Seaports and
Waterways Security

• Increase Coast Guard funding to insure enhanced
  security efforts do not detract from other USCG
  roles and missions.
• Provide federal funds to expedite
  security/credentialing enhancements throughout
  the entire MTS.

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S-7 International Maritime Security Standards

• Task USCG to seek agreement on international
  cargo transportation standards at IMO.
• MARAD negotiate bilateral arrangements with key
  trading partners for standards in this area

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SEA-21 Working Group Recommendations -
Infrastructure

• Funding sources
• Elevate intermodalism to pursue an integrated
  approach to infrastructure investment
• NOAA PORTS Program
• Inland Waterways Infrastructure Improvements

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I-1 Funding sources

• Spend the money already collected from existing
  sources (Harbor Maintenance Tax and Inland
  Waterway User Fees) for the purposes that they
  were collected, including the deepening and
  maintaining of authorized channels and the
  construction of new locks and dams.
• Give maritime intermodal connectors a higher
  priority under TEA-21 or the next TEA-21.
• Allocate general revenues to match industry user
  fees when needed and to solve social problems
  (congestion, safety, pollution, etc) when a
  project encourages the movement of cargo from a
  high congestion mode to a low congestion mode
  (water or rail) a maritime CMAQ type program.
• Provide tax incentives for private companies that
  invest in these facilities and for shippers that
  utilize them.
• Find additional funds for beneficial uses of
  dredge materials
• Create a funding mechanism to utilize revenue
  generated from fees and taxes on maritime
  commerce (i.e. Customs, etc.) to provide for
  unmet needs of MTS infrastructure.

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I-1 Funding sources

• Additional comments
• IANA supports a higher priority for all
  intermodal connectors, not just maritime. The
  intermodal infrastructure is a system and inland
  connectors are just as important to the seaports
  as purely "maritime" segments of highways.
• There is concern with the wording of
  Recommendation I-1, which addresses the subject
  of "Funding sources." AAR opposes initiatives
  that call for the imposition of user fees on the
  rail sector.
• Carriers would oppose any effort to redirect the
  4.3 cent per gallon fuel tax presently paid by
  the rail sector from the general fund of the
  Treasury into a transportation trust fund. As
  you may be aware, the House has already passed
  legislation phasing out the 4.3 cent tax.

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I-2 Elevate Intermodalism to Pursue an
Integrated Approach to Infrastructure Investment

• Create an undersecretary position for
  intermodalism
• Formalize MTS intermodal and freight forecasting,
  research, and technology applications
• Integrate funding mechanisms so that projects are
  evaluated across modes (i.e., if a maritime
  project is not funded, what are the highway
  impacts)
• Fund the MTSNAC.
• Elevate the priority of federally funded freight
  and intermodal MTS projects at the local and
  state level.
• Expand public education and MTS awareness.
• Assess capacity of current intermodal system and
  ways to enhance system efficiency.
• Redefine and broaden the role of MARAD to include
  a focus on the integration of the intermodal
  system.

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I-2 Elevate Intermodalism to Pursue an
Integrated Approach to Infrastructure Investment

• Additional Comments
• The proposed undersecretary for intermodalism
  should assess the planning needs for the MTS and
  develop recommendations for appropriate planning
  funding levels.
• The issue of planning should be given more
  emphasis both in terms of resources and in terms
  of interfacing with ongoing State and
  Metropolitan Surface Transportation planning.
• MTSNAC should recognize the important role of
  regional councils as conveners of effective,
  collaborative planning processes and should take
  advantage of these established organizations .
• The intermodal and freight forecasting
  recommendation does not appear to recognize the
  freight forecasting database that has been
  developed by the FHWA's. This effort should be
  reviewed before recommending that a separate and
  new initiative be undertaken.

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I-3 NOAA PORTS

• Provide NOAA with sufficient funding for the
  "PORTS" program to provide real time information
  to mariners.

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I-4 Inland Waterways Infrastructure Improvements

• Engage in an aggressive research and technology
  application program, in partnership with users of
  the inland waterway, to increase the safety,
  security and throughput productivity of the
  inland waterways system, including
• Integrated displays of ENC, AIS, GIS, GPS,
  virtual maritime charts, real time depth
  information and communication systems
• Automatic/laser guided lock approach systems
• Predictive water level and severe weather alerts
• Enhanced fog navigation vision system
• Improved crew safety systems and early fatigue
  warning systems
• Remote security, operation and maintenance outage
  scheduling for L/D
• Tow thrusters

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SEA-21 Working Group Recommendations Research
and IT

• Develop standards for both hardware and
  documentation to facilitate the use of
  interoperable automated identification technology
  systems in cargo/ equipment tracking

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R-1 Support the development of standards for
both hardware and documentation for AIT

• Develop standards for both hardware and
  documentation to facilitate the use of
  interoperable automated identification technology
  systems in cargo/ equipment tracking
• AIT considerations include
• the frequency (or frequencies) of each type of
  device
• the location of the tag on the piece of equipment
  (i.e. container, chassis)
• the numbering of the tag
• documentation format for collecting and
  transferring data
• Activities must include bringing the stakeholders
  together, demonstration projects, and evaluation
  of alternative solutions

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R-1 Support the development of standards for
both hardware and documentation for AIT

• Additional comments
• Much work has already been done in this area.
  Instead of reinventing this process for the
  maritime industry perhaps we can work with the
  Secretary of Transportation to expand the
  National ITS Architecture and standards processes
  to address MTS user services and requirements.

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SEA-21 Working Group Recommendations - Human
Resources

• Promote careers, retention and security of MTS
  jobs to ensure that we have a stable and
  qualified workforce for the future MTS

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H-1 Promote careers, retention and security of
MTS jobs to ensure that we have a stable and
qualified workforce for the future MTS

• Promote public education and awareness of careers
  in MTS.
• Initiate public education and awareness through
  technical schools at the secondary level.
• Provide grant incentives to U.S. Merchant Seaman
  and U.S. flag operators to help create a larger
  workforce and more stable industry.

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SEA-21 Working Group Recommendations -
Environment and Safety

• Develop ballast water standard benchmark
• Annex VI Ratification - United States Congress
  needs to ratify Annex VI of Marpol
• Public Education - Funding for education of MTS
  safety and environmental issues
• Significantly shorten (streamline) the length of
  time for a project to move from study to
  permitting to completion

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E-1 Develop Ballast Water Standard Benchmark

• Develop an acceptable standard of ballast water
  cleanliness

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E-2 Annex VI Ratification - United States
Congress Needs to Ratify Annex VI of Marpol

• Secretary of Transportation support sending Annex
  VI to Senate for advice and consent (approval)

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E-3 Public Education - Funding for Education of
MTS Safety and Environmental Issues

• Provide funding to improve public education and
  awareness of MTS to ensure public understanding
  that the MTS is safe and friendly to the
  environment
• Develop brochures, videos, websites
• Conduct another MTS Fair in conjunction with
  Maritime Day 2002 which highlights maritime
  safety and protection of the environment

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E-4 Significantly Shorten the Length of Time
for a Project to Move From Study to Permitting to
Completion

• Make the Secretary of Transportation aware of the
  lengthy process currently involved to take an MTS
  project from study to completion
• Promote the need to expedite the process through
  streaming, especially permitting
• Ensure coordination with federal agencies

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Next Steps

• Review and, as necessary, refine initiatives
• Recommendations to the Secretary from the full
  Council
• Actions required to move recommendations forward
• Leadership and schedule for taking agreed actions