TWIC Deadlines Approaching

Click Here for a link to the official TSA TWIC deadline web page.

Some of these dates are subject to change, but most are now set in stone. Once these deadlines are published in the Federal Register, they are law. Due to the 90 day publishing deadline, all the dates for 2008 are now fixed, and will not be changed or updated. So, find your general AOR (area of operation) in the list below and be sure you are TWICilicious. If your AOR isn't explicitly listed, figure the closest major port to your location.

It's a bit unclear if these are the deadlines to actually have a TWIC, or if these deadlines only apply to secure access. The difference between those two things has been the source of so much confusion, and the USCG has done very little to set anyone on the course to enlightenment.

These dates supersede any renewal dates on your credential. This means that you must get a TWIC before your credential expires if the TWIC deadline comes before your ticket is up for renewal.

My guess is that if you have applied for TWIC by the deadline, you will be granted some leeway, but don't risk it. The old way of doing things is over. Everything is now centralized at the National Maritime Center (NMC), and you should forget about appealing to your local Regional Exam Center (REC), 'cause its history! There may be some battles for us to fight in the future, but the TWIC isn't one of them.

Will there be a bunch of guys who don't comply with the deadlines? You bet. Probably huge numbers. But do you really want to part of the "test case population"?

...................................

fixed in stone:

October 15, 2008: Northern New England – Boston - Southeastern New England

October 31, 2008: Buffalo – Duluth – Detroit - Lake Michigan - Sault Ste. Marie

November 28, 2008: Corpus Christi - Port Arthur - North Carolina - Cape Fear River

December 1, 2008: Long Island Sound - Charleston - Savannah - Jacksonville

December 30, 2008: Baltimore - Delaware Bay - Mobile - Pittsburgh - Ohio Valley - Lower Mississippi River - San Diego

.....................................

tentative deadlines:

January 13, 2009: Hampton Roads - Morgan City - New Orleans - Upper Mississippi River - Miami - Key West - St. Petersburg

February 09: Honolulu - South East Alaska/ Prince William Sound/Western Alaska - Puget Sound Portland(OR )- San Francisco Bay

March/April 09: New York - Guam - Houston/Galveston - Los Angeles/Long Beach - San

All TWIC Enrollment Sites Are Now Open and Ready for Business

Press release:

Sept. 17, 2008
TSA Public Affairs: (571) 227-2829
WASHINGTON – The Transportation Security Administration (TSA) today announced that all Transportation Worker Identification Credential (TWIC) fixed enrollment sites are open and ready for worker registration. Port and longshore workers, truckers and others nationwide are now able to enroll in the Department of Homeland Security's TWIC program at any one of the nearly 150 sites.

[click here to go to the TSA announcment]

In case any captains out there still operate under the misunderstanding that they will not need a TWIC, here is a snippet from the official USCG
NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 03-07. (from page 7 of that document):

Also by (the deadline), all mariners will be required to hold a TWIC in order for their license, MMD, COR, or STCW endorsement to remain valid.

Without a TWIC, your license is invalid. Don't think you can wait. This whole program has been plagued by confusion, delays, and poor communications, especially on the part of the USCG, who at the local level are barely up to speed on this issue. I still see Internet forums with captains quoting local CG personel that they won't need a TWIC. Do not make the mistake of going to the USCG for advice about the TWIC. The USCG has made their official position very clear with the NVIC quoted above.

iPhone becomes part of my cockpit

Those who know him (most of my readers) know that the owner of Safe/Sea likes to stay cutting edge. If there is a new computer out, he's gotta have one. So of course, all the Safe/Sea captains and full-time staff just had to have iPhones. I mean, all you could do on those old Nextel phones was talk to someone. How pedestrian!

I'm a big fan of technology if it actually improves something, or makes my job easier. Buying the latest gadget just because it's new or cool is a waste of money, IMO.

The iPhone has a number of very useful applications for towers, and today I was very glad to have it along as this very nasty thunderstorm passed over Block Island.

Note: this photo was taken with the iPhone. While the built in camera has practically no options (no zoom, no flash), it takes beautiful pictures.

Ok, the camera is fine, but as the storm approached, I was able to bring up Wunderground's iPhone weather page on the phone's web browser, and watch the Nexrad radar image to see exactly where the storm was. Here is an image I took (with another camera) of the iPhone's screen. The little shape in the middle is Block Island, with a big red cell approaching from the south. Turning on "animated radar" shows the movement of the storm, and the images are only a few minutes old. (click on photo to see larger image)

Sure, you can get weather radar overlapped on your GPS plotter with an XM radio subscription, but can you carry that in your pocket? Or, you can see rain on your ship's radar; I was able to monitor this storm while standing in line for coffee and walking around the docks. I watched this front approach for over an hour, and I knew when it would get here and how big it was. I was able to anticipate the wind direction based on the storm's movement, and once it started pouring rain on the pond, I could see how long the storm would last.

That kind of information is more than just a gimmick. The iPhone allowed me to stay informed about an approaching weather system without being tied to a desk or TV or radio.

A few nights ago, I neighboring tower called me at 2300 and warned me about a large thunderstorm that had just passed over his harbor and was heading my direction. With my head still on my pillow, I pulled up the radar on the iPhone, and I could see that the storm would pass north of me. I turned out the light and went back to sleep.

More about the iPhone next week.

Results are IN!

Well, the first annual Red Right Returning July 4th service survey is now complete. An exhaustively unscientific study of the results has been carelessly compiled by Rusty Shackle, VP of our market research division, who may have spilled some beer on the data before he had a chance to enter it all....

So, the overall grade for the 4th was about a B-, meaning that most markets experienced a "slow" 4th of July weekend. Not dead, not crazy busy. I think the best word for now will be soft. Business is soft, but boaters are going out, and breaking down. It will definitely be an off year, and no one is going to break any new records. (Except for, funny enough, my favorite bar on Block Island, which broke sales records 3 days in a row over the weekend. Rumor has it their profits increase when I'm not out towing boats...) To be sure, some areas are doing better than others, but the B- kinda sums up the overall. If your area was gang-busters, knock on wood; if your weekend sucked wind, take heart as there is hope.

SeaTow International released a statement today, which included this quote from JoeFro

Boaters across the country celebrated the holiday despite high fuel prices both on land and on the water,” said Capt. Joseph Frohnhoefer III, Sea Tow’s vice president of operations. “Reports from across the country indicate that boaters stayed close to home this year, however, that trend could be equally reflective of the unpredictable weather patterns that plagued much of the East Coast as it is of current economic conditions. [click here to read it all]

I think the "close to home" thing is right on, and distant harbors or island destinations like Block Island will probably suffer more during a soft year. For instance, the official boat count for Great Salt Pond was 1485 on Friday; 1800-2000 would be more typical numbers for a 4th of July. So, boaters showed up, just not in droves.

SeaTow also reported

While call volume at the company’s 24-hour national dispatch center was statistically on par with last year, it experienced a 30-percent increase in the number of requests for on-water assistance.

Wow, 30 percent increase over last year? The fuel docks would kill for those numbers...

Evidently, SeaTow's research budget exceeds ours here at RRR, because they go on with a bunch of impressive statistics about how many calls they did and exactly which hours were the most popular for their services and how many knots the entire SeaTow fleet tied in 24 hrs - that kind of stuff. [editors note: why doesn't BoatUS publish these kinds of stats?]

Now, a soft year should benefit the SeaTow business model, because if fewer members break down, the local franchisee keeps more of the membership income. But this dramatic report of a 30% increase doesn't sound like a soft year. Is there something about the color yellow that attracts boater who break down? With every segment of the recreational boating industry experiencing a slowdown, why would SeaTow be so busy?

Vicious Rumor: I heard a report that there were empty moorings over at Avalon, Catalina, over the weekend. I'm still contacting my sources to confirm, but it its true, that would be an unprecedented event.

New Websites

Kent Dresser from Confident Captain has created a new webpage targeting mariners:
http://www.ecaptain.com/

Pete Andrews of Safe/Sea started a blog highlighting the "Adventures of a Safe/Sea captain..."
http://www.boatdriver.blogspot.com/

If you send some time surfing the Internet, you will find 100's of marine oriented websites, some good, some not so good. The trick is to find the ones that you will want to regularly return to. Here are a few I've found:

USCG News: http://coastguardnews.com/ . The official news source of the USCG. Hard to find any thing critical about the CG here.

gCaptain: http://gcaptain.com/maritime/blog/ . Somewhat geared towards ships and Merchant Mariners, but I aways find something interesting here.

Unofficial CG Blog:http://www.cgblog.org/ This is where you will find out what is really going on inside the USCG.

Professional Mariner: http://www.professionalmariner.com/ME2/Default.asp All around super source of news and info.

Travelers buys its umbrella logo back.

I found this back in April, but I forgot to post it:

Travelers snatches its umbrella logo back from Citi. - By Seth Stevenson - Slate Magazine

How much did this cost? Travelers wouldn't tell me, but newspaper reports peg the transaction in the millions. "It was a substantial investment," says Shane Boyd, vice president of communications and branding for Travelers, "but we think well worth it.

Or, another article here says:

"All I can tell you is that it was not an insignificant amount," says Marlene Ibsen, spokesperson for Travelers. "Our research shows that the umbrella is well-recognized as a symbol of insurance protection and as a symbol of Travelers as well."

Now, if you get a salvage on a boat with golf clubs inside, maybe they can find some money here:

.....St. Paul Travelers Companies Inc., along with the PGA Tour and the Greater Hartford Jaycees Community Foundation Inc., last April 2006 into a four-year agreement to be the title sponsor of the PGA Tour tournament. The initial investment to Travelers was $10 million. The tournament purse will be raised to $6 million this year, $1 million more than in 2006, and will increase by an additional $100,000 in each of the remaining years of the four-year agreement. The event will be played June 18-24 and televised live by CBS Sports and the Golf Channel.

Thought I should post this, just in case you've had a Travelers claim recently, and they complained about belt tightening and hurricanes and lions and Tiger Woods and bears, oh my!

If they want to negotiate you down on a big claim, just tell 'em to open the umbrella, 'cause when it rains, it pours....

Yacht Sinks, Insurance company sues: The Princess Gigi decision.

If you attended the 2007 C-PORT conference, you probably remember my somewhat abbreviated seminar on salvage and insurance. Once the session was aborted, there were some heated debates about why insurance companies fight salvage bills. Indeed, some of the participants singled out one company as primarily responsible for the industry's billing problems with the insurance industry in general. I believe the term (supposedly used in the derogatory) was "[They] always swing for the fences." In baseball, that would be a good thing, but somehow when salvage invoice negotiations are the topic, there is an assumption that the salvors and the insurance companies are on the same team. If you believe that, I have some news for you; insurance companies are always on their own team, and do not invite other to sit in their dugout.
In fact, I have argued that insurance companies are financially obligated to negotiate whenever they can. They have a fiduciary responsibility to their shareholders, after all, to maximize their profits, not to recruit teammates. So they put up a good fight, and that fact isn’t evidence that one company has been charging too much.

Another reason marine salvage cases seem to be so vehemently contested is that most insurance companies have very little admiralty experience; they treat a marine loss like it was an automobile or a house, and hence their arguments are colored by landlubber laws, rather than admiralty.

Probably the best reason to fight an insurance claim is to avoid paying out over $7.2 million. In a recent case, Federal Insurance Company (connected with Chubb Ins) didn’t want to pay a total loss claim on a Mega-yacht that sank in the Bahamas. They didn’t have a single reason to deny the claim, but that didn’t stop them from seeking a declaratory judgment in federal court, denying any liability for the loss. You can read the judges decision here.

The decision is 40 pages long, but it is very interesting reading. A variety of surveyors, at least two yacht builders, banks, brokers, insurance agents are all called on to offer their opinions as to whether the yacht Princess Gigi was actually covered at the time of the sinking.

Point by point, judge Rakoff finds that the insurance company's evidence is immaterial, and in almost every example, he further states that even if you consider that the evidence was material, it doesn't constitute a legal reason to deny coverage. On more than one occasion, the judge questions the veracity of Federal employee's sworn testimony:

"....the court does not credit their self-serving and largely conclusory testimony." (bottom of page 13)

I urge you to read the entire decision. In this case, an insurance company wrote a $7.2m yacht policy without requiring a survey, and when provided the survey, didn't even read it. Once the yacht sank, all of a sudden everything in the survey is important. By their own admission, waiting for surveys is bad for business.

Lest you think this is just an isolated incident, driven by recent hurricane losses or the huge dollar amount involved, here is a $60,000 case from 1971 where the same Federal Insurance Co. attempted to weasel out of paying a total loss claim: http://bulk.resource.org/courts.gov/c/old/F2/450/450.F2d.779.19381.html

Back to my original point: how is it that one salvage company that started "swingin' for the fences" in 1984 somehow accounts for the actions of the insurance industry in 1971? Of course it doesn't, and the idea is completely bankrupt. The billing practices of one or two small salvage companies, attempting to maximize their profits, have zero bearing on how insurance industry acts, or reacts, when faced with paying out claims. They hate to pay claims, they are not in the business of paying claims, and they will employ a variety of strategies to avoid paying claims.

TWIC Deadline extended to April 2009

The DHS issued this statement today:

The U.S. Department of Homeland Security (DHS) today announced that the final
compliance date for the Transportation Worker Identification Credential (TWIC)
program will be April 15, 2009, which reflects a realignment of the Sept. 25,
2008 compliance date set in the final rule. The seven month extension is a
direct result of collaboration with port officials and industry, and realigns
the enrollment period with the original intent of the TWIC final rule.

Owners and operators of facilities located within Captain of the Port Zones Boston, Northern New England, and Southeastern New England will need to comply by October 15, 2008. These three ports were selected based on favorable conditions that facilitate near-term implementation. These ports are ideal for initial compliance based upon geographic proximity, the size of their TWIC enrollment population, and respective enrollment efforts to date. Additional ports will be announced in the coming weeks, and the Coast Guard will provide at least 90 days notice prior to enforcement

The deadline has now been extended from Sept 25, 2008 until April 15, 2009 for licensed mariners to get a TWIC. But why wait? The gas costs for two trips to the TWICCEN will be more if you wait.

I love the part about "collaboration with port officials and industry". What a bunch of crap. They have been working on this for 5 years, and every step of the way, the 'industry' has been involved (mostly fighting the TWIC), and has said all along that the enrollment period was way too short and unworkable. Suddenly, with the original deadline only 20 weeks away, the TSA and DHS have reconsidered - sorry, realigned - the deadline.

DHS Small Vessel Security Strategy - Good News/Bad News?

Well, we have suspected this was coming along now for some time. We worried, we speculated, we conjectured...we wondered. Finally, the Department of Homeland Security has issued a one hundred percent positively, absolutely sure, here is what the DHS might kinda sorta think about doing but we're not really sure but here is our best guess - strategy about small vessels.

You can start by reading this press release which says in part,

As the U.S.S. Cole attack vividly demonstrated, there is a clear need to close security gaps and enhance the small vessel security environment. The Department of Homeland Security (DHS) Small Vessel Security Strategy (SVSS) addresses these concerns, providing a coherent framework to improve maritime security and safety. It envisions a coordinated effort of federal, state, local and tribal authorities, together with international partners, private industry, and the recreational users of the waterways.

If you are having trouble sleeping, try reading the entire SVSS in PDF format. Be warned, it is filled with forward thinking solution based frameworks that provide stakeholder strategic options for multi-platform leveraged partnerships focused on risk adverse implementation plans to enhance maritime domain awareness....you know, stuff like that.

In other words, 58 pages of BS that basically say, "We don't want any trouble, so everyone should be keeping an eye out for trouble."

The Good News? There will be money to be made "keeping an eye out", especially by companies with small, fast boats and local knowledge.

The Bad News? They want to register every recreational boat, and every recreational boater, and that will drive more people out of the recreational boating market.

No TWIC for homeless guy

Does this kind of stuff make you crazy too? I gotta have a TWIC card, even though I never have to enter a secure area, meanwhile, some homeless bum takes a nap inside a Unitied Parcel Service cargo plane that is parked in a secure area of an airport, and they just write him a ticket. The Sacramento Bee reports it this way:

Security personnel at Mather Airport made a surprise discovery Monday night -- a homeless man sound asleep inside a cargo plane. A sheriff's summary released today does not indicate how long the 44-year-old man had been sleeping or how he gained entry into the area off Truemper Way. Deputies were called about 11:40 p.m. after United Parcel Service security guards found him. The security guards then checked the plane and "found it to be clear of suspicious items," the summary states. The man was issued a citation and deputies gave him a ride to a nearby light-rail station, where he was released from custody.

A friend who is a pilot for UPS sent me this email today about the same story:

The IPA and its Security Committee are awaiting additional information from UPS Security on the discovery Monday night of a homeless man asleep inside of a UPS A300 at Mather Airport in Sacramento. Media reports suggest the 44-year-old man followed a fuel truck through the gate and onto the ramp. He then boarded a parked A300 where he apparently stayed for one or two days. However, a sheriff’s summary does not indicate exactly how the man gained entry into the area. It's unclear if maintenance crews or UPS security actually found the man. However, Sheriff deputies were called to the scene and “found it to be clear of suspicious items.”

They just let him GO?? There are dive boat operators in Key West trying to figure out where to install a TWIC card reader on the bridge of their 45' dive boats, because god forbid some terrorist highjacks a Hatteras and trys to blow up Sloppy Joe's Bar; meanwhile, some bum sets up housekeeping inside an empty Airbus at a major airport, and the authorities just write him a citation?

Go figure...

Changes in CPR techniques

The American Heart Association has made some changes in how CPR is done, and its probably different than when you last took a CPR class.

Here is a PDF document that explains what was changed and why. Highlights of the 2005 American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiovascular Care.

The major changes for Lay Rescuers (i.e. not medical professionals) are highlighted on page 4. Two changes that caught my attention are: they do not teach us to feel for a pulse any more, just begin chest compressions. And, they no longer teach rescue breathing without chest compressions. If you do one, you do both.

These are some major changes from the way I've been taught. This year might be a good one for you and your staff to get re-certified in FirstAid/CPR.

Ethanol Lawsuit in California

LOS ANGELES - The law firm of Kabateck Brown Kellner LLP reported it filed a class action lawsuit on April 7 against the major oil companies that sell ethanol-blended fuel, charging that the fuel causes serious damage to marine engines and fuel tanks.

Read the entire article here: The Log.com News

Gosh, how great is it to have these nice lawyers fighting for us boaters? According to the article, "Kabateck Brown Kellner LLP reported it has previously won more than $750 million in cases involving Google, Farmers Insurance, Eli Lilly and other major corporations." You know what? I use Google all the time, but I haven't received a dime from that case.

I was a party to a class action suit involving a credit card company: I got a check last month for $3.48. My guess is the lawyers got more than that. You know what happens in the class action suits? The corporations that get sued raise their price points to make up the lost dollars; i.e. they just pass the costs onto the consumer. The end result of this class action suit will be higher marine fuel prices for all Californians, and about 10 lawyers will get nice new yachts...

NBOA and SeaRay

Press release today:

KNOXVILLE, Tenn., March 31, 2008 – Sea Ray Boats, the world's largest manufacturer of superior quality pleasure boats in business since 1959, has announced their “Platinum Partnership” with the National Boat Owners Association, also known as NBOA. It is only natural that Sea Ray partner with NBOA, an organization with a history of being one of the largest U.S. agencies to specialize in marine insurance. NBOA takes great pride in providing their customers with unparalleled rates. [click here for complete release]

Please note that I pulled the press release from the Brunswick corportate website. Here is a screenshot of all their marine brands:

Now, if NBOA can leverage the SeaRay deal deeper into the Brunswick line-up, could it have an effect on Boat/US and SeaTow's memberships? I doubt it, because if you tow an NBOA member, you will charge them up front, and they have to seek re-imbursment. Boaters have fully embraced the no hassle, no hourly charges, "just tow me I'm a member" concept offered by SeaTow and BOAT/US.

NBOA doesn't have any towboats, so what service are they trying to market?

The “Platinum” insurance package including exclusive rates, free towing
coverage, discounts on boating safety products and more. The customary towing
program, for example, is a favorable feature of the new partnership, offering
members $1,000 in additional on-water coverage, as well as $150 on-road towing
assistance, guaranteeing members complete coverage

How does $1000 of on-water coverage guarantee complete coverage? How far is $1000 going to tow the average 40' SeaRay?

Well, the deal is more about hull insurance than towing coverage, I guess. We've seen these deals before. I remember in 2001 when Vessel Assist Asso. announced their participation in MercuryCare; every Mercury (a Brunswick brand, by the way) product came with a free membership. Didn't SeaTow announce a partnership with Genmar a few years ago?

So, all in all, this press release is just a big yawn.

SeaTow Press Release

By now, most of you have seen the latest press release from SeaTow , announcing SeaTow's "evolution into a full-service organization dedicated to the savings, services and security of the recreational boating public". Because SeaTow is one of the two largest assistance membership networks, Red Right Returning is obligated to weigh in.

First of all, Joe Frohnhoefer has every right to claim bragging rights as the brainchild of what is perhaps the very best possible choice for a brand name for an assistance towing company. Brand name 101: keep it simple. SeaTow - two distinct syllables, almost impossible to garble on VHF radios, easy to remember when you actually need the service.

But, as the saying goes, be careful what you ask for. SeaTow is now facing an age old problem in marketing: how do you expand beyond your own trademark image? Can SeaTow convince the recreational boating market to think beyond the syllable tow, and understand that the company offers more than towing? From the press release:

Our brand and our reputation have been based on providing the most professional marine assistance to recreational boaters in need...Now it’s time for us to start taking credit with the boating population for all this organization has to offer its members....[like] Trailer Care™, Sea Smart™ VHF, Sea Insure®, Sea Loans™ and the Boating Safety & Education Foundation, while also expanding its member-exclusive Advantage Network™ savings program

The concept of a full service boating membership organization isn't new. Yacht insurance, boat financing, group discounts and foundations to promote boater safety & education have been available to members of BOAT/US for many years.

Indeed, BOAT/US began as an insurance and education organization, and was actually a late comer to the branded towboat idea. Their towing brand, TowBOAT/US, just doesn't roll off the tongue though, now does it? When your brand name rhymes with tuberculosis....

Anyway, SeaTow's press release basically announces their hope that a new slogan - Where Boaters Belong™ - will help them break the stigma of their own brand name success.

I have to admit, Joe Fro has done it again. I think Where Boaters Belong™ is a fabulous slogan. Whether it will achieve the goal remains to be seen.

Ship pilot charged in spill - San Jose Mercury News

In case you hadn't heard.

Ship pilot charged in spill - San Jose Mercury News

Prosecutors on Monday charged John Joseph Cota with misdemeanor violations of
the federal Clean Water Act and the Migratory Bird Treaty Act, saying that his
negligence caused the Nov. 7, 2007, collision of the Cosco Busan, spoiled miles
of ocean waters and killed thousands of birds. The U.S. Department of Justice
previously filed a civil lawsuit against Cota and the ship's owner, but the
criminal charges signal an even more aggressive response to a near-disaster.....

Web site: PlanetData

I found this PlanetData last week while surfing around.

PlanetData "The Security News Network" is a security news and information website organized by important security industry markets including Global Security, Aviation Security, Corporate Security, Cyber Security, Homeland Security, Maritime Security, Law Enforcement and Intelligence.
Our goal is to be the trusted source for the timely, relevant and vital information our members need in order to stay abreast of the security threats and concerns that can affect their lives, businesses and communities at large.

They have an entire section dedicated to Maritime Security, and while the content would generally be focused on shipping, there is some news that is of interest to us, like this interesting read:

PlanetData / Maritime Security / Articles / The Small Boat Threat: No Easy Answers

There are two reasons that you should be watching the small boat threat topic: 1) regulations being contemplated for small boats will probably effect your business. 2) I think there will be profitable opportunities for those in our industry willing to branch out into security work.

Boat America Corporation sold to Berkshire Hathaway

Boat America Corporation sold to Berkshire Hathaway

I'm not sure there is anything to add to this news. But, I do claim my blog is "news, notes and commentary about the towing and salvage industry", so I would be remiss if I didn't at least note this as a news item.