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House Report 111-303 - Par t 1 - COAST GUARD AUTHORIZATION ACT OF 2010

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SEC. 1116. SEAMEN'S SHORESIDE ACCESS.

Each facility security plan approved under section 70103(c) of title 46, UnitedStates Code, shall provide a system for seamen assigned to a vessel at that facility,pilots, and representatives of seamen's welfare and labor organizations to boardand depart the vessel through the facility in a timely manner at no cost to theindividual.

SEC. 1117. WATERSIDE SECURITY AROUND ESPECIALLY

HAZARDOUS MATERIAL TERMINALS AND TANKERS.

(a) Enforcement of Security Zones- Consistent with other provisions of Federal law,any security zone established by the Coast Guard around a tanker containing an

especially hazardous material shall be enforced by the Coast Guard. If the CoastGuard must enforce multiple simultaneous security zones, the Coast Guard shallallocate resources so as to deter to the maximum extent practicable atransportation security incident (as that term is defined in section 70101 of title 46,United States Code).

(b) Limitation on Reliance on State and Local Government- Any securityarrangement approved as part of a facility security plan approved after the date ofenactment of this Act under section 70103 of title 46, United States Code, to assistin the enforcement of any security zone established by the Coast Guard around atanker containing an especially hazardous material, or around an especiallyhazardous material terminal on or adjacent to the navigable waters of the United

States and served by tankers carrying especially hazardous materials, may not bebased upon the provision of security by a State or local government unless theState or local government has entered into a contract, cooperative agreement, orother arrangement with the terminal operator to provide such services and theSecretary of the department in which the Coast Guard is operating, acting throughthe Commandant of the Coast Guard, ensures that the waterborne patrols operatedas part of that security arrangement by a State or local government have thetraining, resources, personnel, equipment, and experience necessary to deter to

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the maximum extent practicable a transportation security incident (as that term isdefined in section 70101 of title 46, United States Code).

(c) Determination Required for New Terminals- The Secretary of the department inwhich the Coast Guard is operating, acting through the Commandant of the CoastGuard, may not approve a facility security plan under section 70103 of title 46,United States Code, for a new especially hazardous material terminal the

construction of which is begun after the date of enactment of this Act unless theSecretary determines that the Coast Guard sector in which the terminal is locatedhas available the resources, including State and local government resources inaccordance with subsection (b), to carry out the navigation and maritime securityrisk management measures identified by the Coast Guard pursuant to the Portsand Waterways Safety Act.

(d) Especially Hazardous Material Defined- The term `especially hazardousmaterial' means anhydrous ammonia, ammonium nitrate, chlorine, liquefied naturalgas, liquefied petroleum gas, and any other substance identified by the Secretaryof the department in which the Coast Guard is operating as an especially hazardousmaterial.

SEC. 1118. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

(a) Notice of Determination- Consistent with other provisions of law, the Secretaryof Homeland Security must notify the Federal Energy Regulatory Commission whena determination is made that the waterway to a proposed waterside liquefiednatural gas facility is suitable or unsuitable for the marine traffic associated withsuch facility.

(b) Federal Energy Regulatory Commission Response- The Federal EnergyRegulatory Commission shall respond to the Secretary's determination undersubsection (a) by informing the Secretary within 90 days of notification or at the

conclusion of any available appeal process, whichever is later, of what action theCommission has taken, pursuant to its authorities under the Natural Gas Act,regarding a proposal to construct and operate a waterside liquefied natural gasfacility subject to a determination made under subsection (a).

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