Does My Boat Need a Secure Area?
Someone asked me to research the new TWIC rules to find out if our assistance towboats would need to comply with the new security rules. Its not actually the TWIC rules that govern vessel security, it was all set forth by the Maritime Transportation Security Act of 2002, which is the Act that imposed the TWIC. The CFR for Vessel Security is in 33 CFR104.105, which I cut & pasted here:
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Title 33: Navigation and Navigable Waters
PART 104—MARITIME SECURITY: VESSELS
Subpart A—General
§ 104.105 Applicability.
This part applies to the owner or operator of any:
(1) Mobile Offshore Drilling Unit (MODU), cargo, or passenger vessel subject to the International Convention for Safety of Life at Sea, 1974, (SOLAS), Chapter XI–1 or Chapter XI–2;
(2) Foreign cargo vessel greater than 100 gross register tons;
(3) Self-propelled U.S. cargo vessel greater than 100 gross register tons subject to 46 CFR subchapter I, except commercial fishing vessels inspected under 46 CFR part 105;
(4) Vessel subject to 46 CFR chapter I, subchapter L; [Cargo & Offshore Supply vessels]
(5) Passenger vessel subject to 46 CFR chapter I, subchapter H; [cargo & inspected pass. vessels]
(6) Passenger vessel certificated to carry more than 150 passengers;
(7) Other passenger vessel carrying more than 12 passengers, including at least one passenger-for-hire, that is engaged on an international voyage;
(8) Barge subject to 46 CFR chapter I, subchapters D or O; [Cargo, Tank & Bulk Cargo]
(9) Barge carrying certain dangerous cargo in bulk or barge that is subject to 46 CFR Chapter I, subchapter I, that is engaged on an international voyage.
(10) Tankship subject to 46 CFR chapter I, subchapters D or O; and
(11) Towing vessel greater than eight meters in registered length that is engaged in towing a barge or barges subject to this part, except a towing vessel that—
(i) Temporarily assists another vessel engaged in towing a barge or barges subject to this part;
(ii) Shifts a barge or barges subject to this part at a facility or within a fleeting facility;
(iii) Assists sections of a tow through a lock; or
(iv) Provides emergency assistance.
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So, you guys that tow barges or run a crew boats will need to check into the rules more carefully, but the Marine Assistance & Towing industry boats are generally exempt, based on #11 above. If your towboat is 8 meters or less, you are exempt. If you are greater than 8 meters and providing emergency assistance, you are still exempt. Towing a disabled vessel in a NON-emergency situation isn't specifically mentioned, but I think that "provides emergency assistance" was meant to exempt a class of vessels, rather than an act. The way I read this is "Vessels that are routinely employed for providing emergency assistance to other vessels are exempt from the rule," assuming they don't fall under one of the other 10 criteria. I will try and get a clarification from USCG to confirm that.
UPDATE: Please don't confuse the vessel security rules with the requirements for all licensed mariners to get a TWIC card. Even if your boat doesn't have a security plan or secure areas, you MUST TWIC!
