U.S. Coast Guard: Update to frequently asked questions on Seafarers' Access to Maritime Facilities Final Rule

The following new entries are excerpted from the U.S. Coast Guard's Maritime Commons blog, where an update to frequently asked questions about the Seafarers' Access to Maritime Facilities Final Rule has been posted. The complete blog post is available online. The text of the regulation governing seafarers' shore access is also available online.

Does the Seafarers' Access to Maritime Facilities regulation apply to all seafarers or just foreign seafarers on foreign-flagged or SOLAS applicable vessels?

Seafarers shore access rule (33 CFR 105.237) applies to all seafarers, including U.S. mariners on domestic voyages, who must be allowed access through MTSA-regulated facilities for the purpose of shore leave or crew changes, free of charge to the seafarer. The facility security plan (FSP) needs to address access for mariners that are not already included or covered under the plan such as facility or company employees. Foreign seafarers' that do not have proper paperwork/credentials may be denied access to shore leave by Customs and Border Protection (CBP).

Do facilities or terminals, based on their Facility Security Plan (FSP) or Alternative Security Program (ASP) that have already addressed access or utilize Public Access Areas (33 CFR 105.106) need a separate "system" to address seafarers' shore access?

Security Plans need to address a system for mariner access but if a plan already has a no-cost means for mariner access such as Public Access Areas (33 CFR 105.106), or the facility receives only its own mariners or employees covered by their plan, such as small passenger vessel crews, a separate system need not be re-documented in the plan and plan amendments do not need to be re-submitted to the cognizant COTP.

A defined public access area within a facility is open to all persons and provides a public pathway through the facility from public thoroughfares to the vessel. U.S. mariners with or without a TWIC may transit the facility through the public access area without escort. This process does not apply to cruise ship terminals or any facility interfacing with foreign flagged vessels.

As a reminder, important dates associated with the regulation:

• The facility owner and operator has 14 months after publication of the final rule to implement a system, which is June 1, 2020;
• Seafarers' Access to Maritime Facilities regulation went into effect May 1, 2019;
• The system must be documented in the Facility Security Plan (FSP) on or before February 3, 2020.