16
On November 17, Delaware U.S. District Court Judge Sue Robinson issued an order to deny a motion by the Delaware Department of Natural Resources and Environmental Control to enjoin the project from moving forward. Judge Robin- son’s order also denied a similar motion filed by environmental plaintiffs Delaware Riverkeeper Network, Delaware Nature Society, Natural Wildlife Federation, New Jersey Environmental Federation and Clean Water Action. “This court ruling is a significant step forward on the path to complete this project, which is vital to keeping our tri-state regional port complex com- petitive with other east coast ports,” said Exchange President Dennis Rochford. In a related matter, New Jersey U.S. District Court Judge Joel Pisano rejected an environmen- tal coalition’s petition to delay the lawsuit brought by the State of New Jersey to block the project. He indicated in his ruling that claims by the peti- tioners concerning new endangered risks for the Atlantic Sturgeon were premature and that the Corps of Engineers was already in discussions with the National Marine Fisheries Service to ad- dress this issue. A 12-mile section of the Delaware River main shipping channel between the Delaware Memorial Bridge and the Chesapeake & Delaware Canal has been deepened from 40 to 45 feet. Authorization to initiate this phase of construction was granted by Judge Robinson following a hearing in De- cember of 2009. Captain James Roche, President of the Pilots’ Association for the Bay and River Delaware praised this court decision and asserted the impor- tance of completing this deepening project. “With the completion of the Panama Canal expansion in 2014, Delaware River ports must be positioned to accommodate the larger cargo ships that will be arriving direct from Asia to east coast ports,” said Capt. Roche. “Deepening the channel to 45 feet will allow us to compete as a 21st century port among all east coast ports.” On October 20, Customs and Border Protection announced the long-awaited schedule for the im- plementation of the Automated Commercial Envi- ronment (ACE) Multi-Modal Manifest (M1). Through a Federal Register Notice, CBP laid its plans to implement the new system which will re- place the aging Automated Commercial System (ACS) in 2011. “Customs and carriers have been looking for- ward to this moment since 1993, when Congress passed the “Customs ‘Mod’ Act,” said Exchange Vice President Lisa Himber. “Though the origi- nal five-year plan has long since come and gone, we expect the ultimate product to reflect the tremendous amount of time, money, and dedica- tion invested in the development of the ACE man- ifest module.” The implementation will be completed in stages, beginning with a pilot test starting in late December of this year. During the pilot, selected carriers, port authorities, service centers, terminal operators, rail carriers, and others will submit manifest data and receive cargo release messages from CBP through the new system. Once the pilot is underway and proven successful, other partici- pants will be invited to test and migrate to ACE. While many states and larger cities have created fusion cen- ters to share information and intelligence within their jurisdictions as well as with the federal government – there are over 70 des- ignated fusion centers throughout the country – the Delaware Val- ley Intelligence Center, or DVIC, is the first quad-state center to achieve the federal designation. DVIC is unique in a few other in- teresting ways as well. Plans call for it to serve as an “all-crimes” model, and the center will include not only information analysis, but a response component as well. In early November, DVIC officials announced the kick-off of the second phase of a three-phase deployment. “We are ex- tremely excited about the progress we’ve made over the last sev- eral months,” said Joe Liciardello, who has been among the project team leaders since the idea was first floated in 2005. “Get- ting the DVIC from the drawing board to operation has proved to be a tremendous undertaking,” he said. Development is proceeding under a charter which includes a Managing Board, Executive Advisory Committee and various working groups, such as Technology and Intelligence Sharing & Privacy. Primarily funded by a series of federal and state grants, the DVIC team is leasing space in South Philadelphia and has been working over the last year to complete the requirements as- sessment, cost analyses and space planning. The second phase of the project, expected to last through March of next year, involves five distinct tasks necessary for full implementation. According to Capt. Walt Smith, who serves as co-lead, “The DVIC is operational now to some extent. We are re- ceiving information in a virtual environment, and we’re looking to begin two-way data sharing by late winter.” Among other considerations for Phase II is staffing levels. Be- cause of its regional nature, there is not yet a dedicated funding stream, and officials are not planning for a DVIC staff. “We are not looking to create long-term personnel costs,” Liciardello said. Instead, various agencies, such as Customs, the Joint Terrorism Task Force, and the City of Philadelphia will dedicate personnel to staff the DVIC. The Philadelphia Emergency Operations Center will be housed within the DVIC. “We have long supported this project,” said Police Commissioner Charles Ramsey. “Including our EOC within the regional center will not only improve our intelligence and response capabilities, it is also expected to save costs for both the City and the DVIC by combining resources.” Officials also plan for the DVIC to serve as a beta test site for various new tools and technologies, another function somewhat unique among fusion centers. Tools which work successfully at the DVIC will be deployed to other fusion centers, according to plans. While early assessments have focused primarily on public sector law enforcement and strategic analysts, plans to include the private sector under the DVIC umbrella are integral to its ul- timate success. Several private facility operators are including capabilities to share information with the DVIC in their own secu- rity planning. “The bottom line,” said Kurt Ferry, who is respon- sible for security at the Packer Avenue Marine Terminal, “is that the more information our federal, state and local partners have, the better they can prevent events from respond when they do happen.” DVIC has contracted with SOSSEC, Inc. for the initial plan- ning work. SOSSEC is a system of systems security consortium comprised of industrial companies, research universities and non profit organizations working together for the common good. MARITIME EXCHANGE 240 Cherry Street Philadelphia, PA 19106 ADDRESS SERVICE REQUESTED THE BEACON PRSRT STD U.S. POSTAGE PAID WILMINGTON, DE PERMIT NO. 1635 Serving Delaware, New Jersey and Pennsylvania Winter 2010 Volume 20, No.4 http://www.maritimedelriv.com w [email protected] continued on page 3 CBP Announces ACE Implementation Plan Federal Court Decision Propels 45’ Project Migration to include several features to facilitate cargo movement Exchange Board Privy to a Bit of History In November, newly appointed President and CEO of the Independence Seaport Museum (ISM) Captain John Gazolla invited the Exchange Board of Directors for a tour of the Penn’s Landing museum during which they were shown a revolutionary war artifact. Found in the Delaware River, the fragment of a cheval de frise - an underwater river defense system - is currently undergoing preservative measures. The wooden beam in the vat above would have been capped with an iron pike, mounted below the water line, and was meant to damage or sink approaching British ships. The beam is only one of two ever recovered from the Delaware River. Regional Fusion Center Reaches Major Milestone

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Page 1: The Beacon Winter 2010 - Delaware River · (ACS) in 2011. “Customs and carriers have been looking for-ward to this moment since 1993, when Congress passed the “Customs ‘Mod’

On November 17, Delaware U.S. DistrictCourt Judge Sue Robinson issued an order to denya motion by the Delaware Department of NaturalResources and Environmental Control to enjointhe project from moving forward. Judge Robin-son’s order also denied a similar motion filed byenvironmental plaintiffs Delaware RiverkeeperNetwork, Delaware Nature Society, NaturalWildlife Federation, New Jersey EnvironmentalFederation and Clean Water Action.

“This court ruling is a significant step forwardon the path to complete this project, which is vitalto keeping our tri-state regional port complex com-petitive with other east coast ports,” said ExchangePresident Dennis Rochford.

In a related matter, New Jersey U.S. DistrictCourt Judge Joel Pisano rejected an environmen-tal coalition’s petition to delay the lawsuit broughtby the State of New Jersey to block the project.He indicated in his ruling that claims by the peti-tioners concerning new endangered risks for theAtlantic Sturgeon were premature and that the

Corps of Engineers was already in discussionswith the National Marine Fisheries Service to ad-dress this issue.

A 12-mile section of the Delaware River mainshipping channel between the Delaware MemorialBridge and the Chesapeake & Delaware Canal hasbeen deepened from 40 to 45 feet. Authorizationto initiate this phase of construction was grantedby Judge Robinson following a hearing in De-cember of 2009.

Captain James Roche, President of the Pilots’Association for the Bay and River Delawarepraised this court decision and asserted the impor-tance of completing this deepening project. “Withthe completion of the Panama Canal expansion in2014, Delaware River ports must be positioned toaccommodate the larger cargo ships that will bearriving direct from Asia to east coast ports,” saidCapt. Roche. “Deepening the channel to 45 feetwill allow us to compete as a 21st century portamong all east coast ports.”

On October 20, Customs and Border Protectionannounced the long-awaited schedule for the im-plementation of the Automated Commercial Envi-ronment (ACE) Multi-Modal Manifest (M1).Through a Federal Register Notice, CBP laid itsplans to implement the new system which will re-place the aging Automated Commercial System(ACS) in 2011.

“Customs and carriers have been looking for-ward to this moment since 1993, when Congresspassed the “Customs ‘Mod’ Act,” said ExchangeVice President Lisa Himber. “Though the origi-

nal five-year plan has long since come and gone,we expect the ultimate product to reflect thetremendous amount of time, money, and dedica-tion invested in the development of the ACE man-ifest module.”

The implementation will be completed instages, beginning with a pilot test starting in lateDecember of this year. During the pilot, selectedcarriers, port authorities, service centers, terminaloperators, rail carriers, and others will submitmanifest data and receive cargo release messagesfrom CBP through the new system. Once the pilotis underway and proven successful, other partici-pants will be invited to test and migrate to ACE.

While many states and larger cities have created fusion cen-ters to share information and intelligence within their jurisdictionsas well as with the federal government – there are over 70 des-ignated fusion centers throughout the country – the Delaware Val-ley Intelligence Center, or DVIC, is the first quad-state center toachieve the federal designation. DVIC is unique in a few other in-teresting ways as well. Plans call for it to serve as an “all-crimes”model, and the center will include not only information analysis,but a response component as well.

In early November, DVIC officials announced the kick-off ofthe second phase of a three-phase deployment. “We are ex-tremely excited about the progress we’ve made over the last sev-eral months,” said Joe Liciardello, who has been among theproject team leaders since the idea was first floated in 2005. “Get-ting the DVIC from the drawing board to operation has proved tobe a tremendous undertaking,” he said.

Development is proceeding under a charter which includes aManaging Board, Executive Advisory Committee and variousworking groups, such as Technology and Intelligence Sharing &Privacy. Primarily funded by a series of federal and state grants,the DVIC team is leasing space in South Philadelphia and hasbeen working over the last year to complete the requirements as-sessment, cost analyses and space planning.

The second phase of the project, expected to last throughMarch of next year, involves five distinct tasks necessary for fullimplementation. According to Capt. Walt Smith, who serves asco-lead, “The DVIC is operational now to some extent. We are re-ceiving information in a virtual environment, and we’re looking tobegin two-way data sharing by late winter.”

Among other considerations for Phase II is staffing levels. Be-cause of its regional nature, there is not yet a dedicated fundingstream, and officials are not planning for a DVIC staff. “We arenot looking to create long-term personnel costs,” Liciardello said.Instead, various agencies, such as Customs, the Joint TerrorismTask Force, and the City of Philadelphia will dedicate personnelto staff the DVIC.

The Philadelphia Emergency Operations Center will behoused within the DVIC. “We have long supported this project,”said Police Commissioner Charles Ramsey. “Including our EOCwithin the regional center will not only improve our intelligenceand response capabilities, it is also expected to save costs forboth the City and the DVIC by combining resources.”

Officials also plan for the DVIC to serve as a beta test site forvarious new tools and technologies, another function somewhatunique among fusion centers. Tools which work successfully atthe DVIC will be deployed to other fusion centers, according toplans.

While early assessments have focused primarily on publicsector law enforcement and strategic analysts, plans to includethe private sector under the DVIC umbrella are integral to its ul-timate success. Several private facility operators are includingcapabilities to share information with the DVIC in their own secu-rity planning. “The bottom line,” said Kurt Ferry, who is respon-sible for security at the Packer Avenue Marine Terminal, “is thatthe more information our federal, state and local partners have,the better they can prevent events from respond when they dohappen.”

DVIC has contracted with SOSSEC, Inc. for the initial plan-ning work. SOSSEC is a system of systems security consortiumcomprised of industrial companies, research universities and nonprofit organizations working together for the common good.

MARITIME EXCHANGE240 Cherry Street

Philadelphia, PA 19106

ADDRESS SERVICE REQUESTEDTHEBEACON PRSRT STD

U.S. POSTAGE

PAID

WILMINGTON, DE

PERMIT NO. 1635

Serving Delaware, New Jersey and Pennsylvania

Winter 2010Volume 20, No.4

http://www.maritimedelriv.com w [email protected]

continued on page 3

CBP Announces ACE Implementation Plan

Federal Court Decision Propels 45’ Project

Migration to include several features to

facilitate cargo movement

Exchange Board Privy to a Bit of History

In November, newly appointed President and CEO of the Independence Seaport Museum (ISM) Captain John

Gazolla invited the Exchange Board of Directors for a tour of the Penn’s Landing museum during which they

were shown a revolutionary war artifact. Found in the Delaware River, the fragment of a cheval de frise - an

underwater river defense system - is currently undergoing preservative measures. The wooden beam in the vat

above would have been capped with an iron pike, mounted below the water line, and was meant to damage or

sink approaching British ships. The beam is only one of two ever recovered from the Delaware River.

Regional Fusion Center

Reaches Major Milestone

Page 2: The Beacon Winter 2010 - Delaware River · (ACS) in 2011. “Customs and carriers have been looking for-ward to this moment since 1993, when Congress passed the “Customs ‘Mod’

What turned out to be one of the most un-

precedented election cycles in memory finally

came to an end on November 2. The Tea Party

movement, which came alive in the summer of

2009, upended seven incumbent and endorsed

Republican candidates for the U.S. Senate and

at least one incumbent Democrat Congressman

through the course of this year’s primaries.

Beyond the impact of the Tea Party, an over-

whelming number of voters expressed their frus-

tration and anger in reaction to any number of

issues that resulted in the Republicans taking

back control of the House of Representatives

and increasing their numbers in the Senate to 46,

just five short of reaching a majority.

At the federal level, our tri-state Congres-

sional delegation has changed with two new

Senators: Republican Pat Toomey won in Penn-

sylvania, and Democrat Chris Coons won in

Delaware. Four new members have been

elected to the House of Representatives: Re-

publicans Pat Meehan and Michael Fitzpatrick

in Pennsylvania, Republican Jon Runyan in New

Jersey, and Democrat John Carney in Delaware.

Republican Tom Corbett was elected Gover-

nor of Pennsylvania.

While there has been a great national debate

as to what these election results will portend for

the next two years in Washington, DC – and the

upcoming 2012 presidential election – there is

an immediate relevance to two issues vital to our

regional port.

First, Governor-elect Corbett has publically

stated his support for the Delaware River Main

Channel (45’) Deepening Project on numerous

occasions throughout the course of the cam-

paign. His support will be critical to ongoing ef-

forts to secure federal funding as well as to

working with his fellow governors from New

Jersey and Delaware to keep this project mov-

ing forward.

In addition, with the increase in the number

of Republicans elected to the House and Senate,

both the President and the emboldened Republi-

cans in the Congress will be looking for issues

on which they can collaborate that will demon-

strate a higher level of bi-partisan cooperation

than has been the case during the past two years.

There are a number of issues that fit into this cat-

egory, and one of them is trade policy. The new

spirit of bi-partisanship will provide an oppor-

tunity to work toward ratification of the free

trade agreements with Panama, Columbia and

South Korea. Whether or not this spirit of co-

operation will lead to progress on other trade

fronts is less certain.

One closing thought. This year also brings

the departure of two of our port’s most stalwart

champions. Senator Arlen Specter (D-PA), who

as a member of the Senate Appropriations Com-

mittee, has been one of the strongest and most

effective advocates in Congress in support of the

45’ Deepening Project. He led the fight that to

date has secured almost $75 million for the proj-

ect. And Pennsylvania Governor Ed Rendell,

who is completing his second term, took a hard

stance with opponents – expending significant

political capital, we might add – that ultimately

broke the logjam and got the project moving

again. On this and so many other projects criti-

cal to the overall competitiveness of our port,

these two men have stood tall time and time

again when it really mattered.

The Beacon 2 Winter 2010

Assessing the Impact of the Mid-Term Elections

Page 3: The Beacon Winter 2010 - Delaware River · (ACS) in 2011. “Customs and carriers have been looking for-ward to this moment since 1993, when Congress passed the “Customs ‘Mod’

Delaware River port stakeholders already knowhow valuable the Exchange Maritime On-Line(MOL) system is. With its single-window access toship particulars, schedules, cargo and crew mani-fests, and real-time vessel positioning views, MOLhas evolved into a can’t-live-without-it tool for portbusiness and their customers.

The system, developed and operated in true pri-vate-public partnership fashion with Delaware, NewJersey and Pennsylvania and the private sector allproviding financial support, made its internationaldebut at last September’s annual conference of theAmerican Association of Port Authorities in Hali-fax, Nova Scotia. “In addition to our own commu-nity here in the Delaware Valley, port businesses inthe gulf region and west coast are also using theMOL system,” said Exchange President DennisRochford. “We thought it was time to broaden ouroutreach beyond the borders of the U.S.”

The opportunity was made possible by aserendipitous turn of events. One of the Exchange’sinformation technology providers, Nicom IT Solu-tions, is based in Halifax, and once AAPA officialsannounced the 2010 conference location, the wheelsstarted moving.

“All the key players from ports throughout NorthAmerica participate in this prestigious forum,” saidPat d’Entrement, a principal at Nicom IT. “It provedto be an excellent opportunity to showcase the workwe accomplished with the Maritime Exchange.”

In the midst of a hectic conference meeting sched-ule, Nicom hosted a reception attended by approxi-mately 150 port directors and other personnel. Thebusiness portion of the event included a Maritime On-Line demo and discussion of its origin as a system“designed by and for” the maritime business commu-nity.

Though “marketing” its systems is not a core func-tion of the Exchange, Rochford travelled to Halifaxfor the event, outlining the business approach behindthe 20-plus years of MOL development for other portprofessionals. “We want to help Nicom IT build onthe work it has done for us,” Rochford said, “and wewere pleased to be able to assist Nicom in this verytangible way.”

It helps the Exchange aswell. By creating awarenessabout MOL, the number ofpotential subscribers to theTRACS manifesting and No-tice of Arrival/Departure sys-tems can increase. This isadvantageous not only to thenew system users, who willenjoy the benefits of the onlysystem of its kind operated bymaritime – not IT – profes-sionals, but also to the exist-ing subscribers on theDelaware River and else-where. “Given our unique

focus as a maritime trade association, the Exchangedid not develop these systems as profit centers. Wedid it to provide sorely-needed services to our mem-bers,” Rochford said. “So as the number of systemparticipants increases, the lower everyone’s costs canbe.”

All in all, the Halifax reception was a win-win-win. The Exchange wishes to thank Nicom IT Solu-tion for its support of our mission.

MOL development was financed in part by a grant from the Com-

monwealth of Pennsylvania, Department of Community & Economic

Developmen, the New Jersey DOT Office of Maritime Resources and

the Delaware Department of Transportation

After the pilot, scheduled to last at leastthree months, CBP plans to publish an-other Federal Register Notice announcingthe deadline for the migration to ACE andthe retirement of ACS.

“ACE has been a long-time in coming,and the transportation industry has beenworking with CBP since its inception tohelp guide the direction of the initiativeto help ensure the trade’s interests havebeen adequately represented,” said TimPerry of APL Limited. “We are cau-tiously optimistic on the progress androllout of ACE M1. First and foremost,the trade must be assured that any transi-tion does not interfere with cargo opera-tions and clearance.”

The Exchange has begun the effort tomake the required changes to the TRACSmanifest system to meet the new ACE re-quirements. “Many of the changes inACE will be transparent to TRACS par-ticipants,” Himber said. “The front-endsystem will be essentially the same,though CBP has worked to remove someobsolete data elements.” In addition,ACE is expected to provide new func-tionality to facilitate the movement ofcargo and information. Some of these en-hancements were first requested by filersin the earliest days of the AutomatedManifest System.

For example, CBP will be able toplace holds at the container or piece countlevel, rather than holding an entire bill oflading. “This is a great improvement,”said Bob Anderson, Director of Ports andWarehouse Operations North East for In-dependent Container Lines. “This en-hancement should permit CBP toaccomplish the dual mission of trade en-forcement and facilitation by allowingthem to pinpoint their targeting withoutholding an entire shipment.”

Carriers will also be able to control

which entities use their custodial bonds.

In the current system, any filer could po-

tentially obligate another company’s

bond. M1 will also allow carriers to re-

quest Permits to Transfer at less than full

bill of lading quantity, inform participants

which agency may be holding cargo, and

include up to 25 secondary notify parties

– third party data partners designated to

receive electronic cargo status updates.

Carriers will also be able to manage

vessel profiles through the ACE portal, a

major improvement over the current re-

quirement to fax updates to CBP. In ad-

dition, ACE portal users will have access

to many carrier and broker reports to help

manage transactions and cargo entries and

releases. CBP has provided webinars and

training sessions on the ACE portal. Pre-

viously held webinars are available on the

web at www.cbp.gov/xp/cgov/trade/

trade_outreach/outreach_webinar.xml.

Gone is the data element to indicate

whether the filer is a “paperless master in-

bond” participant. Other new require-

ments include the creation of a unique

voyage identifier, mandatory inclusion of

cargo place of receipt, and edits to the

Harmonized Tariff number to the sixth

position.

Exchange IT Director Michael Fink is

responsible to ensure the TRACS transi-

tion from ACS to ACE goes as smoothly

as possible. “Though most changes will

be transparent,” Fink said, “this is a major

project for us. There is a significant

amount of behind-the-scenes program-

ming to be completed.” He noted that the

Exchange will provide updated technical

documentation to electronic TRACS fil-

ers within the next several weeks.

For more information, contact him at

215-925-2615 or mfink@maritimedel-

riv.com.

The Beacon 3 Winter 2010

Ramping up for ACE

continued from page 1

Maritime Exchange Takes its Message International

The Philadelphia Regional Port Au-thority (PRPA) recently commissioned apilot project with ePortation, a Philadel-phia technology company, to build aTWIC like data base that combined a re-liable biometric measure.

The highly ambitious goal was tocreate an easy to use solution that con-formed to the present TWIC rules andany potential future changes in rules andrequirements.

The result is a state of the art systemwith a wide range of capabilities that pro-vide configurable tools, customizableto reflect the different needs of specificlocations. The solution can link togethermultiple locations to provide a true com-mon operating picture of activities andevents so that global visibility and infor-mation sharing in real time is now possi-ble.

The system provides a secure andencrypted information stream for situa-tional awareness. Alerts, texts andemails are generated if an unauthorizedaccess attempt is made. Randomscreening at percentages that reflect thecurrent MARSEC level is automated.Any Internet-enabled device like asmartphone can be used to randomlychallenge people on the facility, and in-cidents can be generated that are geo-located on a map, one of hundreds offeatures.

With most software today an expec-tation exists that users should adjusttheir reality to demands of software andsystems. We think it should be the otherway around.

The project wanted to incorporate areliable biometric measure to overcomethe problems with finger print recogni-tion. Finger print recognition is prob-lematic. It’s not a failure of technologybut a problem of human physiognomy.Studies indicate something like 23% ofall human fingerprints are unreadable.Age, occupation, or current state ofhealth can affect readability of finger-prints.

Retinal scanning is intrusive and dif-ficult to use. A user is required to placehis face in a mask and the scan is slow.Somehow, I can’t see a rubber mask at-tached to a turnstile as a workable idea.

Facial recognition doesn’t work ei-

ther. We know, we tried. The better therecognition factor the slower the time.On a winter morning in freezing drizzle,time is a key factor for people entering afacility. We decided to get somethingbetter.

So what worked? Iris scanning! Anabsolute measure of identity that you’reborn with which doesn’t change. Youcan’t use dead eyeballs either, “MinorityReport” notwithstanding.

We were invited by Sarnoff Corpo-ration to look at its Iris On The Move™technology. I was skeptical at first as allI had heard, read and seen led me to be-lieve this was slow and deeply annoyingtechnology. However, we were blownaway by how fast and well the technol-ogy performed.

After a lot of collaboration and in-tense work by the various teams in-volved, a special outdoor unit wasdeveloped. The result is a lightning-fastpositive identification of a user at thegate.

How fast you ask? From initial scanof the TWIC card and all the rules vali-dation to positive identification and un-locking a turnstile, well under twoseconds. We have clocked it at 1.3 sec-onds. Now that’s fast.

The TWIC card is the identifying fac-tor. The scan prompts the software toreview the card (Is it real? In date? WhatMARSEC level?). Then the iris is sent tothe device and compared. If a positiveresult, a gate is opened, creating a real-time record. If a failure then the gatestays locked and a real-time alert is gen-erated to cell phones and email sys-tems.

There are five main achievements ofthe project: it works, true security canbe deployed at seaports right now, it isuser-friendly, highly efficient, and does-n’t cost a fortune. It’s true that the de-vices themselves are expensive andthere is a cost for the backbone soft-ware, but the return on investmentcomes very quickly and the cost is anoperating expense.

We want to thank those who havesupported us with this project. First isthe PRPA whose forward-looking visionmade this possible and who bravelywent where no one has gone before. Fi-nally, the guys on the ground whose rib-ald support made the job fun andenriched the solution no end.

Philadelphia Seaports and

Biometric SecurityBy Paul Labow

CEO, ePortation, Inc.

Page 4: The Beacon Winter 2010 - Delaware River · (ACS) in 2011. “Customs and carriers have been looking for-ward to this moment since 1993, when Congress passed the “Customs ‘Mod’

The Beacon 4 Winter 2010

The True Character of Our Partners in ChileOn October 29, the Philadelphia

port community once again opened theChilean fresh fruit season with the FallAnnual Workshop. Held at the OHLoffices in the Philadelphia Navy Yard,the meeting was designed to bring var-ious federal regulatory agencies to-gether with port operators, importers,and services providers. Collectively,these stakeholders reviewed a numberof operational issues with a focus onensuring yet another successfulChilean fruit season this winter.

“A meeting like today’s is not just atestament to the strength of the traderelationship between Chile and theDelaware River region but it speaks tothe tens of thousands of jobs in bothcountries that depend on the trust andfriendship of the people sitting in thisroom,” said Benjamin Leavenworth,Chile’s Honorary Consul in Philadel-phia. “This group of dedicated peoplecomposed of regulators and industryworks tirelessly every year to createthe conditions for a safe and produc-tive fruit season which is a blessing forboth countries.”

The Diamond State Port Corpora-tion holds an annual Chilean fruit sea-son kick-off meeting as well; thisyear’s event has been scheduled forDecember 3.

“The Delaware River port commu-nity places the highest value on ourpartnership with Chile,” said ExchangePresident Dennis Rochford. “As weenter this new season, it is appropriateto reflect on the crises Chile has facedthis past year, and how as a countryand a people, they have triumphed overtwo very catastrophic events.”

First was the devastating earth-

quake that occurred in March of thisyear, and of course, more recently wasthe Copiapó mining accident.

All eyes were riveted on the dailynews reports coming out of Chile whenpart of the San José copper-gold minein the Atacama Desert collapsed, leav-ing 33 men trapped 2,300 feet belowground. The miners and their families,the government of Chile, and all ofthose involved with this Herculean res-cue effort, turned what could havebeen a calamity of catastrophic pro-portions into an unimaginable successstory.

Of particular interest is the role twoPennsylvania companies played in therescue effort. The drill bit used for therescue effort was manufactured byCenter Rock, a Somerset County,Pennsylvania firm, and the drilling rigswere built by Schramm Inc. of WestChester, Pennsylvania. On October 22,the Chilean & American Chamber ofCommerce hosted a luncheon honor-ing Center Rock President BrandonFisher and Ed Breiner, President &CEO of Schramm for their efforts insecuring the safe release of the trappedminers. These two companies played asignificant role in the effort to reachthe trapped miners and provide themwith food and to expand the pilotholes, ultimately resulting in the cre-ation of the 28-inch wide hole largeenough to lift them to the surface.

The resiliency demonstrated by therescue of these 33 miners followedclosely on the heels of the earthquakethat struck Chile in March 2010, anevent of far-reaching consequences forChile. The destruction caused by theearthquake which struck in the middle

of last year’s fruit season affected theentire countryside. To be sure, therewas significant damage to Chile’stransportation network, including thePort of Valparaiso. Coming near theend of the season, there was consider-able concern that a large portion of thegrape crop would not be available forexportation to the U.S. prior to theApril 10 marketing order cutoff date.Yet once again, the government andpeople of Chile displayed keen agilityas they worked together through thiscrisis to restore the country’s infra-

structure in support of both domesticand international commerce. In theend, most of the grape exports arrivedin the U.S. prior to the April 10 dead-line.

In both of these calamitous situa-tions, Chile came through with flyingcolors. This comes as no surprise tothose of us who deal with our Chileanpartners year in and year out as wemove over 25 million crates of grapesand other fresh fruits across our dockshere on the Delaware River.

Chile’s Consular Mission is headed up by Honorary Consul Benjamin Leav-

enworth, appointed in 2005 by the President of Chile and the Minister of

Foreign Affairs. Its Jurisdiction includes the State of Delaware, Pennsylva-

nia and Southern New Jersey.

w The Consulate has a permanent mission located at 6th and Chestnut Streets in Philadelphia (Over 20 years)

w Permanent staff from the Ministry of Foreign Relations includesChancellor Gladys Gordon and Assistant Clarissa Todd

w It provides all Consular services for Chileans and non-Chileans:Passports, Visas, Notarizations, Legalizations

w The Consulate also focuses on trade development

w It provides direct access to the Chilean government on all matters

w It represents the government of Chile in our jurisdiction

Consulate of Chile in Philadelphia

Public Ledger Building

6th and Chestnut Streets, Suite 1030

Philadelphia, PA 19106

Tel: 215-829-9520 ext. 401

Fax: 215-829-0594

Email: [email protected]

Facts About the Consulate of Chile

Page 5: The Beacon Winter 2010 - Delaware River · (ACS) in 2011. “Customs and carriers have been looking for-ward to this moment since 1993, when Congress passed the “Customs ‘Mod’

As a young man of 17, on my firsttrip to sea, I will always rememberthe excitement of reaching my firstforeign port, with no money in mypocket and nowhere to go. Fortuna-tely a van from the local Seamen’sChurch arrived at our ship, offeringto take us to the town and visit theSeamen’s Center. In those days, cal-ling home was difficult, so our mainfocus was to get correct postage tomail our letters home. I will neverforget this experience, which helpsme today, to relate to the lonely lifeof a seafearer and to appreciate allthat is done by so many, to make it abetter world for our seamen.

As many readers of The Beacon

are aware, the International MaritimeOrganization (IMO) has selected”Year of the Seafarer” as the themefor 2010. The purpose, as outlinedby Secretary-General EfthimiosMitropoulos, has been to draw atten-tion to the unique circumstanceswithin which seafarers spend theirworking lives, and also to make amore palpable and beneficial career.

There are many worthy organiza-tions dedicated specifically to meet-ing the needs of seafarers calling ourports, and the Maritime Exchangehas played more of a supporting roleon mariner issues. However, we can-not let the year close without addingour voice to the many who have al-ready worked so hard to ensure thatelected officials, regulators, policymakers, law enforcement – as well as

the maritime industry membersthemselves – are receiving the mes-sage that seafarers play an importantrole in global maritime commerce.As the Secretary-General said, theyare “the lubricant without which theengine of trade would simply grindto a halt.”

As most of us are all too aware,the seaport industry is generallyoverlooked by just about everyone.The people who use the oil, fruit,steel, paper, clothes, cars and mostevery other commodity consumed ineveryday life, rarely, if ever, give amoment’s thought to how it got there.Each Congress and Presidential Ad-ministration has neglected ports infavor of improvements to air, high-way and rail networks.

Even many individuals involvedin the movement of ocean cargoesare less cognizant than they shouldbe of the important role and sacri-fices seafarers make to ensure theworld’s fleet moves safely and ontime. Those not involved directlywith ship operations are not likely togive even a passing thought to theseimportant individuals, despite thefact that the global economy dependson them entirely.

Seafarers live challenging and de-manding lives. Most of us put in oureight hours and go home everyevening. We gripe when we have towork late and complain about thecommute. But think of the mariners:their workplace is also their home,they are away from their families formonths on end, the pay is low, andthe job can certainly be stressful anddangerous. They face storms and pi-rates at sea, and when they get to

port, many are detained on board orhave only a few hours between ar-rival and departure.

“To be a seafarer is to be ignoredat best, and poorly treated at worst,”said Secretary-General Efthimios.

This has certainly been the case inthis country in the post 9/11 environ-ment. I have heard many seamentalk of how they are made to feel likecriminals by U.S. authorities. De-tentions, armed guards, escort re-quirements – these and the manyother measures enacted in the nameof homeland security may or may nothave prevented security incidents,but they have certainly created a mal-treated class of worker.

With its “Year of the Seafarer”theme, IMO wanted not only to drawattention to a workforce that islargely unheralded and unacknowl-edged; it also wanted to extend thetheme beyond the regular WorldMaritime Day celebrations. The ideawas that 2010 should be the start ofthis momentum, but not the end.

We salute the IMO for its efforts.And we salute the mariners who callDelaware River ports, the Seamen’sChurch Institute and the Seamen’sCenter of Wilmington. We appre-ciate what you do and wishyou fair winds and follow-ing seas in all your travels.

The Beacon 5 Winter 2010

Year of the Seafarer

Rochford and Delaware Leaders Discuss

Job Creation and Retention

“We Work for Health” Delaware Chapter Co-Chair Dennis Rochford joinsFormer U.S. House Majority Leader Dick Gephardt, Chairman, Council forAmerican Medical Innovation, and Delaware Governor Jack Markell for aworkshop entitled: “A Call to Promote Medical Innovation, Promote Jobs, andFind Cures in America.” Held at the Delaware Technical and Community Col-lege Wilmington Campus on June 25, 2010, more than 100 leaders in the bio,pharma, and health industries gathered following the release of a report by theCouncil for American Medical Innovation.

"It is critical to our national and economic interests that we own medical in-novation in the future as much as we owned mechanical innovation in the past,"said Governor Markell. "Big and serious companies are moving medical com-panies overseas... We want these companies to stay here and grow here."

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By now, everyone is aware of theDEEPWATER HORIZON incident,which caused the worst oil spill inAmerican history. For months, it wasthe subject of news reports on an al-most daily basis, and even after the wellwas capped, the news stories about theclean up and devastation in the gulfcontinue.

What may not be common knowl-edge, however, is the fact that membersof both the House and Senate have in-troduced legislation which, if passed,will drastically alter the maritime lawof the United States. These changes gowell beyond the obvious environmen-tal issues, and could well have a nega-tive impact on our industry.

It is not unusual for major disastersto spawn equally major legislativechanges, especially in the safety andenvironmental arenas. The sinking ofthe TITANIC prompted the adoption ofSOLAS (Safety of Life at Sea); the lossof the ferry HERALD OF FREE EN-TERPRISE led to the ISM (Interna-tional Safety Management) Code, andthe grounding of the EXXONVALDEZ was the catalyst for the en-actment of OPA 90 (Oil Pollution Actof 1990). Usually, however, thesechanges are not undertaken until thelegislators have an opportunity to studythe impact of the legislation.

In this case, bills have been draftedand introduced in a knee jerk reactionto the outrage of the general public inan election year. The first bill was in-troduced by Representative John Cony-ers, Jr. (D-MI) in June of this year, andwas titled “Securing Protections for theInjured from the Limitation of Liabil-ity Act.“ This bill would repeal theLimitation of Liability Act in its en-tirety. The Limitation Act has been onthe books for over 150 years, and undercertain circumstances, allows a vesselowner to limit its liability to the valueof the vessel after the accident. In thecase of personal injury and death

claims against a seagoing vessel, theLimitation fund available for thoseclaims is set at a certain minimumamount depending on the size of thevessel.

The Act’s most important feature is“concursus,“ which is the ability of thefederal court to require that all claimsarising from a single casualty be as-sembled in a single action. This bene-fits both claimants and vessel owners,as it is a more efficient and equitableway to distribute limited assets to vari-ous claimants, and it avoids a race tothe courthouse and/or to judgment bythe claimants. It should also be notedthat the ship owner has the burden ofproving that it is entitled to limitation,which it does by showing that the casu-alty was an accident that could not havebeen prevented by management’s exer-cise of due diligence.

Certain claims are not subject tolimitation, including liability for oilspills which was preempted by OPA 90.Although injury and death claims aresubject to limitation of liability undercurrent law, such claims are usually thefirst to settle because, as a practicalmatter, most courts are loath to grantlimitation when the claims include seri-ous injuries or death.

By repealing the Limitation Act, theConyers bill eradicates the concursus ofclaims, even for accidents which do notresult in personal injury, loss of life orpollution. In addition, the bill drasti-cally expands the damages recoverableby seamen and their families against theseaman’s employer, despite the fact thatthe remedies available to a similarly sit-uated shoreside worker (i.e. one injuredor killed in a refinery explosion) arelimited by worker’s compensationstatutes. After holding a few short com-mittee hearings, the House of Repre-sentatives passed the bill on July 1,2010, less than three weeks after it wasfirst introduced.

In July, Senate bills were introducedthat would repeal limitation of liabilityand increase remedies for seamen andothers injured or killed at sea. More-over, certain Senate bills would permitunlimited punitive damages in maritimecases, overturning recent precedentfrom the Supreme Court. The latestversion, introduced by Senator JayRockefeller (D-WV) in August, pre-serves limitation of liability for claims

that do not involve personal injury,death or which arise out of pollutionfrom an oil rig. The latter is, in the au-thor’s view, unnecessary, as OPA 90 al-ready excludes pollution claims fromthe Limitation Act. Interesting, thecommercial fishing industry is exemptfrom the operation of this bill, and willstill be entitled to seek limitation for allclaims. An attempt was made to fasttrack this bill as well, but that effortfailed to bring the bill to a vote beforethe summer recess, and no action hasbeen taken as of the end of October,however, the issues are expected toresurface following the mid-term elec-tions on November 2.

The Maritime Law Association andvarious industry groups urged Congressto take a step back and study the unin-tended consequences of the enactmentof this sweeping legislation on the in-dustry and the economy. While manybelieve that the dollar limits of liabilityshould be increased to bring our law inline with other seagoing nations, themaritime industry does not favor thesweeping nature of the changes. Astrong merchant marine is important forboth the economy and security of theUnited States, and the passage of thistype of legislation could put the UnitedStates ship owner at a competitive dis-advantage, resulting in a loss of morejobs to overseas entities. On the otherhand, individual seamen and their at-torneys are generally in favor of theproposed changes.

Reasonable minds may differ as towhether these changes are long over-due, excessive or unnecessary all to-gether. Nonetheless, all in the industryshould agree that such drastic changesshould not be undertaken in an unin-formed rush, or as a knee jerk reactionto a disaster. The law is not static, andchanges should be made when neces-sary, but only after careful study andconsideration of the input of the indus-try stakeholders.

This Article does not address legis-

lation which specifically regulates the

offshore oil industry or proposes

changes to pollution statutes. Legisla-

tive proposals change quickly, and the

information in this article may be

dated when published. For updates or

copies of the bills, please contact Lisa

Reeves at [email protected].

The Beacon 6 Winter 2010

By: Mary Elisa Reeves, Esq.

Donna Adelsberger & Associates, P.C.

Members of Congress Propose Drastic Changes to Vessel Owners’ Liability Under Maritime Law

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The Beacon 7 Winter 2010

In between the annual elections held in March, the Exchange

Board will appoint new directors to fill vacancies as they occur.

At the May 12 meeting Directors named Timothy Pulte, Chief

Operating Officer, Delaware River Port Authority and at the Sep-

tember 8 meeting named Michael Nesbitt, Manager, Marine

Quality and Operational Assurance, of Sunoco, Inc.

Timothy PulteChief Operating Officer,

Delaware River

Port Authority

Michael NesbittManager, Marine Quality &

Operational Assurance

Sunoco, Inc.

Exchange Board Names

New Members

Welcome Aboard!

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The Beacon 8 Winter 2010

The Importance of a Timely Notice of Arrival/Departure (NOA)

The Advanced Notice of Arrivalprocess and associated time require-ments, particularly the 96 hour require-ment, allows all federal agencies thatreceive the NOA information sufficienttime to screen NOA and vessel data forcompliance with safety and securityregulations, prioritize operations, andallocate resources as necessary.

Over the last few months, SectorDelaware Bay has noticed an increasein vessels that are not submitting com-plete and accurate NOAs within the re-quired time frame as described in 33Code of Federal Regulations (CFR)160.212. In several of these cases, thevessels were subject to additional ad-ministrative burdens, schedule delays,and in some cases fines in the form of aNotice of Violation (NOV). Followingthe review of the details surroundingeach individual case, Sector DelawareBay has noticed that the increase inNOA issues generally is due to the fol-lowing reasons: last minute changes inthe vessel’s schedule, poor operationalplanning, or a lack of understanding ofthe regulations. The purpose of this ar-ticle is to address these situations andto clarify the regulations so that indus-try partners will be aware of the re-quirements and methods by which theywill be enforced.

It is not uncommon for vessel Mas-ters to receive short notice or “lastminute” schedule changes from their

companies or charterers for a variety ofreasons, and these changes can make itvery difficult for a vessel to complywith NOA time requirements. For a ex-ample, if a vessel arrives in New York,NY, and receives sailing orders to sub-sequently proceed to Philadelphia, PA– the master would be required by reg-ulation to submit an NOA prior to de-parture from New York AND at least 24hours before entering the port or placeof destination. Due to the short na-ture of the voyage, often lessthan 24 hours, it may beimpossible for a vesselto meet this time re-quirement. In thesecases the vessel may

request a waiverfrom the applicabletime requirementfrom the local Captainof the Port as discussedin 33 CFR 160.214. Uponreceipt of a written waiver request,the COTP will assess the merits of therequest on a case by case basis and may

grant a waiver so long as the vessel hasbeen accurately screened and approvedfor arrival. If it appears, during this as-sessment, that the vessel did not meetthe time requirements due to poor op-erational planning, the waiver likelywill not be approved, and the vesselwill be required to remain outside theUnited States Territorial Sea (12 Nauti-

cal Miles) until the applicable time re-quirement has elapsed.

As stated above, the time require-ments for the NOA process can befound in 33 CFR 160.212. To be clear,an NOA must be submitted 96 hours inadvance of entering the port or place ofdestination for a voyage greater than 96hours. If a vessel has less than a 96-hour voyage, an NOA must be submit-ted prior to departure from port AND atleast 24 hours in advance. In bothcases, the time starts when a completeand accurate (containing all relevant in-

formation from 33 CFR160.206) NOA has been re-

ceived by the NationalVessel Movement Cen-ter (NVMC). The ap-plicable time re-quirement (either 96or 24 hours) begins

once the National Ves-sel Movement Center

(NVMC) has completed apreliminary review of the sub-

mitted NOA, to ensure that a legit-imate NOA has been submitted. Forthose utilizing the e-NOA/D system,the NVMC generally will send back anautomated response with the “date sub-mitted” time indicated. For other sub-mission methods, there currently is noconfirmation of receipt system in place.If confirmation is desired, you may

contact the NVMC.

Ultimately, it is the vessel’s respon-sibility to ensure that the NOA has been

submitted and received by the NVMC.Once the vessel’s NOA has been ac-cepted by COTP Delaware Bay, a Ves-sel Control Notice (VCN) will be sentto the vessel’s Agent indicating whetheror not the vessel may enter the port aswell as whether or not the vessel hasbeen scheduled for an inspection.

Another provision of the regula-tions, commonly referred to as the “six-hour grace period,” has causedconfusion amongst our shippers. 33CFR 160.208(b)(1) states that“changes in arrival or departure timesthat are less than six (6) hours” neednot be reported. Often, this is miscon-strued to mean that the vessel can be sixhours short of meeting the submissiontime requirements and still be in com-pliance with the regulations, i.e. a ves-sel submits an NOA 18 hours inadvance before entering the port orplace of destination. This is an incor-rect interpretation. Correctly inter-preted, a vessel that submits a timelyNOA may physically arrive six hoursearlier than stated on its NOA, but theNOA itself still has to meet the appli-cable time requirement. Rememberthat “arrival” means at the vessels in-tended port or place of destination, not‘at the pilot station.’

Finally, enforcement measures willbe taken for vessels that fail to complywith NOA requirements. Specifically,depending on the nature and type of

By: Lieutenant Chris Nichols, U.S. Coast Guard

continued on page 11

Page 9: The Beacon Winter 2010 - Delaware River · (ACS) in 2011. “Customs and carriers have been looking for-ward to this moment since 1993, when Congress passed the “Customs ‘Mod’

In mid-September, Exchange member Citrosuco, NA,which imports Brazilian juice both in fresh and in con-centrate via specialized juice tankers, announced amajor expansion to its operations at the Port of Wilm-ington, Delaware. “Citrosuco is proud to be a key an-chor tenant for the Port of Wilmington,” said ChiefFinancial Officer Dennis Helms. “This is our fourth addi-tion to our facility since our first build in 1983.”

The expansion was made possible in large measureby the use of Recovery Zone Facility Bonds, a new typeof tax-exempt private activity bond created by the Amer-ican Recovery and Reinvestment Act. “[This program]encouraged our company to undertake this expansion,despite the challenges of financing such a project overthe past year,” Helms said.

In January, New Castle County Council approved the$13.4 million in bonds needed by CNA to expand its op-erations at the port. The program allowed CNA to ob-tain funding through the county at a lower rate of interest

than it could otherwise expect to receive, and in return,the project resulted in over 150 construction jobs at theport.

The project to create aseptic storage (4,500,000 gal-lons) allows Citrosuco to store and deliver in tankertrucks not-from-concentrate orange juice to customersthroughout the Northeast United States. It will also re-sult in over 3,100 tanker loads annually, significantly in-creasing jobs for trucking and support services.

“We congratulate Citrosuco for its success on thisproject and salute the company’s commitment to thisport,” said Exchange President Dennis Rochford. “Thisis just the latest in a series of positive developments un-derway in our region, and we applaud Citrosuco for itsinitiative and forward vision.”

In addition to the County, the State of Delaware andthe City of Wilmington all provided strong support for theproject.

The Beacon 9 Winter 2010

Citrosuco Announces Major Expansion Project at POW

Grand Opening Ceremony of Citrosuco’s Juice Terminal at the Port of Wilmington. Pictured here (L-R) Dennis J.

Helms, CNA CFO; Chris Coons, (then New Castle County Executive) now sworn in as Delaware’s Junior Senator;

James Baker, Wilmington Mayor; Paul Clark (then New Castle County Council President) now New Castle County Ex-

ecutive; Karl Kalbacher, New Castle County Director of Redevelopment; and Gene Bailey, DSPC Executive Director.

Photo courtesy of Vered Nohi-Becker, Diamond State Port Corp

The U.S. Environmental Protection Agency(EPA) has allocated $5.6 million for emerging tech-nologies projects as part of $120 million in cleandiesel grants. The awards will provide opportunitiesto advance cutting-edge technologies in the market-place, and support both environmental innovationand green jobs to reduce diesel emissions. EPA es-timates that every $1 spent on clean diesel projectsproduces up to $13 of public health benefits.

“EPA is promoting innovations that will not onlycreate jobs, but also keep dangerous pollution out ofthe air we breathe,” said Administrator Lisa P. Jack-son. “We’re playing to America’s strengths of inge-nuity and invention to improve the future of oureconomy, our health and our environment.”

Most clean diesel grants involve widely usedstrategies such as retrofits or replacements. How-ever, the emerging technologies program promotesdeployment of innovative approaches that have notyet been verified or certified by EPA or the Califor-nia Air Resources Board. Instead, the program en-ables evaluation of these promising technologies inthe field while providing air quality benefits to thesurrounding area. Diesel engines emit approximately7.3 million tons of nitrogen oxides (NOx) and333,000 tons of soot annually.

EPA’s new heavy-duty highway and non-roaddiesel engine standards taking effect over the nextdecade will significantly reduce emissions from newengines. However, these standards apply only to en-gines manufactured in the year 2007 and beyond.EPA’s National Clean Diesel Campaign and the Smart-Way Partnership assist fleets with controlling diesel

emissions through financial and technical assistance.

EPA Opens Clean

Diesel Grant Program

continued on page 11

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The Beacon 10 Winter 2010

Page 11: The Beacon Winter 2010 - Delaware River · (ACS) in 2011. “Customs and carriers have been looking for-ward to this moment since 1993, when Congress passed the “Customs ‘Mod’

NOA violation, a vessel may be issued a notice of vi-

olation, and be required to either provide a Letter of

Undertaking (LOU) for the maximum fine, or accept

the proposed penalty and pay the fine. Either the LOU

or payment of the fine must be received by the Coast

Guard prior to departure from the Port. Additionally,

if a vessel does not meet the applicable time require-

ment and does not receive a waiver from the COTP,

the vessel will receive an order to remain outside the

Territorial Sea of the United States (12 Nautical Miles)

until the applicable time requirement has elapsed.

Should you have questions regarding NOAs or

the interpretation of the regulations within the Sector

Delaware Bay COTP Zone, please feel free to con-

tact the Port State Control Branch at (215) 271-4887

or email to [email protected].

The Beacon 11 Winter 2010

To assist fleet owners, Congress authorized fund-ing for clean diesel activities in the Diesel EmissionsReduction Act (DERA) as part of the 2005 EnergyPolicy Act.

EPA is now soliciting proposals nationwide for itsNational Clean Diesel Funding Assistance Program.This would include projects that achieve significantreductions in diesel emissions in terms of tons of pol-lution produced and diesel emissions exposure, par-ticularly from fleets operating in areas designated bythe Administrator as poor air quality areas.

Eligible diesel emission reduction solutions in-clude verified emission control technologies such asretrofit devices, cleaner fuels, and engine upgrades,verified idle reduction technologies, verified aerody-namic technologies and low rolling resistance tires,certified engine repowers, and/or vehicle or equip-ment replacement.

Eligible diesel vehicles, engines and equipment

may include buses, medium-duty or heavy-duty

trucks, marine engines, locomotives and non-road

engines, equipment or vehicles used in construction,

handling of cargo (including at a port or airport),

agriculture, mining or energy production (including

stationary generators and pumps).

Eligible entities include regional, State, local or

tribal agencies (or intertribal consortia) or port au-

thorities with jurisdiction over transportation or air

quality, and nonprofit organizations or institutions

that a) represent or provide pollution reduction or ed-

ucational services to persons or organizations that

own or operate diesel fleets or b) have, as their prin-

cipal purpose, the promotion of transportation or air

quality.

The closing date for receipt of proposals is Janu-

ary 13, 2011.

For additional information, see www.mar-

itimedelriv.com/Govaffairs/EPA/DieselGrant.pdf

The Exchange will be sending 2011 membership

renewal notices within the next several weeks. If

you are currently a member, please allow us a mo-

ment to wholeheartedly thank you for your contin-

ued support of the work we do to promote the

Delaware River maritime industry.

For those of you not yet members of the Ex-

change, why not consider joining forces with the al-

most 300 member organizations that currently

benefit from the many services they enjoy. In ad-

dition to this newsletter, services available to Ex-

change members include an aggressive

government affairs program and a comprehensive

on-line suite of port information services for pro-

cessing crew members, ships, and the cargoes they

carry. Clearly Exchange members realize a distinct

advantage when it comes to making decisions re-

garding the day to day activities of and long-term

planning for our regional port community.

Additionally, the Exchange also keeps members

informed through its various publications beyond

The Beacon, available on-line or in hard copy, to in-

clude a daily news clips summary, Federal Register

Highlights, and our annual Port Directory. Yet an-

other plus enjoyed by Exchange members is re-

duced advertising rates in all of our publications!

Last, but certainly not least, Exchange members

are active in one or more of our various commit-

tees, setting the pace for our issues agenda and

prioritizing those found to be of greatest impor-

tance.

Becoming a member of the Exchange can be

accomplished in a few simple steps. Beverly Ford

will be happy to walk you through the process.

Contact her at [email protected] or at

216.925.2615 ext. 206 with questions, or to dis-

cuss the various levels of membership participa-

tion.

It’s That Time of Year Again

EPA Promotes Clean Dieselcontinued from page 9

USCG Stresses NOA/D

Compliance

continued from page 8

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The Beacon 12 Winter 2010

USCG NVMC Updates SANS In October, the U.S. Coast Guard

National Vessel Movement Center

(NVMC) announced an update to its

Ship Arrival Notification System

(SANS). SANS is the system respon-

sible for storing and disseminating all

Electronic Notice of Arrival and Depar-

ture (eNOA/D) submissions received

by the NVMC. The update specifies

eighteen additional data elements for

various fields, including Vessel, Re-

porting Party, Crew and Non Crew as

well as changes to the backend data

structure.

While the NVMC has published

these changes into its production sys-

tem, they are not required under the cur-

rent regulation (33CFR 160). The

Exchange will soon begin work to mod-

ify the NOA/D On-Line module of its

Maritime On-Line system to include the

new data elements.

As always, the Exchange will keep a

close watch for regulation updates and

will pass these along to members and

subscribers.For more information, please contact

Paul Myhre at 215-925-2615 or

[email protected].

At its event held on September 15, WTA President, Joe McDermott (OHL/BarthCo)

presented the 2010 Person of the Year Award to John H. Estey, Esq., Chairman of the

Board of the Delaware River Port Authority and Philadelphia Regional Port Author-

ity for his role in successfully completing agreements related to the Delaware River

Deepening Project.

Estey Named WTA Person of the Year

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The Beacon 13 Winter 2010

Since 1966, the year the MaritimeExchange issued its first Port Direc-

tory, the Exchange has continued toproduce a directory for use by thosewho make their livings on theDelaware River.

Looking through that first issue isa lesson in local maritime history; somany things have changed since1966. Companies have faded awayas others have taken their place.There have been mergers and expan-sions and new development along theriver. The Delaware River itself ischanging from its current 40 footdepth to the 45 feet of its near future.

One thing that hasn’t changed isthe dedication of the staff, past andpresent, who have worked to makethe Exchange annual Port Directory

as comprehensive and practical aspossible. It’s not an easy task com-piling the information that makes upthe Port Directory and we at the Mar-itime Exchange welcome any sug-gestions you may have forimprovements.

Preparations have begun for the2011 Port Directory and advertisingspace is available to those who wishto promote their businesses. The Port

Directory is simply the most compre-

hensive information resource for themaritime trade and transportation in-dustry on the Delaware River.

Maritime Exchange members re-ceive a special rate to advertise and acombined advertising package ratefor The Beacon and the 2011 Port Di-

rectory is also available.

The advertising contract for the2011 edition of the directory is avail-able on the Exchange Web site,www.maritimedelriv.com. An adver-tising package was mailed to mem-bers and previous advertisers inSeptember; please contact us if youhave not received your packet.

Our sincere thanks go out to thosewho continue to support the MaritimeExchange through advertising. In thecurrent economic climate, we knowhow precious every dollar is, and weare grateful these companies chooseto spend their advertising dollars withthe Exchange.

We encourage all members andreaders of The Beacon to support ouradvertisers!

For advertising information or to

make improvement suggestions

please contact Donna Stargell at

[email protected] or

215-925-2615 x 208.

Getting Ready for the 2011

Port Directory

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Several months ago the Chairman of the Sector Delaware Bay Area Mar-itime Security Committee, Russ Sweeney, authored an editorial on these pages.His piece was entitled “AMSC Needs More Private Sector Engagement” and itdetailed how “public agency and private security relationships have beenviewed as critical to preventing terror related acts.” Although Russ hit the nailon the head when it comes to the importance of these relationships, I’d like totake it one step further by detailing the importance of involving the generalpublic to achieve this goal.

Law enforcement (LE) agencies, along with private security, have begun torecognize the critical information possessed by members of our society andhave devised programs to incorporate this information into day to day activitiesand planning. These programs are based upon the principle that the public holdsa more intimate knowledge of specific locations, processes and communitiesthan does LE or private security collectively. They seek to incorporate theknowledge of individuals who spend their lives within these communities - liv-ing, working, raising families, etc. An individual who works day in and day outat a location within the port, spends much more time in that specific environ-ment than either LE or private security. Therefore, it stands to reason that thiscitizen could be more adept at recognizing suspicious behavior and/or noticingsomething out of place than would the professionals who spend much less timethere. It is these employees, business and home owners, recreational boatersand frequent visitors to our waterfront, who are targeted by these programs.

Recognizing that there is an untapped stream of intelligence is only the firstpart of this complicated equation. The next is educating the public on whatmay be deemed suspicious and finally, empowering these people with the con-fidence, and the means, to report what they already know. These “next steps”can be much less daunting than they seem.

Community Policing throughout our cities has been proven to accomplishthis task. The “beat cop” has, for many years, gained the confidence of thosein which he/she has daily contact. It is this type of personal relationship whichLE and private security, within our port areas, must strive to achieve. As onewould imagine, without that trusting relationship, very few members of the pub-lic would have the confidence to share information with public/private officials.

Law Enforcement and Private Security need to foster the above relation-ships on a continuing basis within our own spheres of influence: LE with res-idents, visitors who take advantage of the recreational activities in and aroundthe ports, and private security/industry with employees, contractors and fre-quent visitors to their facilities. It is then that the two need to get together toshare, collate and analyze this information.

The AMSC presents them with the perfect platform to conduct this last func-tion in the above process.

Currently, there are several “outreach” programs that strive to accomplish theabove goal. These are initiatives that can offer models for organizations thatseek to implement similar standards and relationships within their public or pri-vate communities. The AMSC of Sector Delaware Bay possesses a wealth of in-formation on these programs as well as a means by which to gain access tothose who administer the programs. For more information, to get involved orto gather information on any of the below listed programs, please contact theAMSC and/or plan to attend one of our upcoming meetings.

The Beacon 14 Winter 2010

Editorial

The Beacon is the official newsletter of the

Maritime Exchange for the Delaware River and Bay.

The Exchange encourages its readers to submit letters to the edi-

tor at any time in response to articles that appear in

The Beacon or to address other topics of interest to

the port community.

Please direct any correspondence or inquiries regarding

the contents of this newsletter to:

MARITIME EXCHANGEfor the Delaware River and Bay

240 Cherry Street, Philadelphia, PA 19106

tel: 215-925-2615 w fax: 215-925-3422

[email protected] w www.maritimedelriv.com

John Reynolds, Chairman

Uwe Schulz, Vice Chairman

Dennis Rochford, President

Lisa B. Himber, Vice President

A. Robert Degen, Esq., Secretary/Solicitor

James F. Young, Esq., Assistant Secretary

Dorothy Mather Ix, Treasurer

MARITIME EXCHANGEfor the Delaware River and Bay

Leading the Way to

Port Progress

Maritime Security: Utilizing the

Public as a Force Multiplier

By: LT Dennis Tully, New Jersey State Police

United States Coast GuardWaterways Watch,

877-24WATCH (877-249-2824)

New Jersey State PoliceMaritime Security Initiative

866-4-SAFE-NJ (866-472-3365)[email protected]

Pennsylvania State PoliceTerrorism Intervention Program (TIP)

[email protected]

Delaware State PoliceCritical Infrastructure Outreach Program

800-FORCE-12 (800-367-2312)

Contact Information

Page 15: The Beacon Winter 2010 - Delaware River · (ACS) in 2011. “Customs and carriers have been looking for-ward to this moment since 1993, when Congress passed the “Customs ‘Mod’

The Beacon 15 Winter 2010

POW to Provide Logistical Support to

On‐Shore Wind Turbine ProjectsGeneral Electric’s (GE) wind energy di-

vision has again selected the Port of Wilm-ington, Delaware as its port of entry forseveral large shipments of wind turbineblades. M/V Industrial Freedom, which ar-rived November 10, is the first of four ves-sels that are scheduled to discharge a totalof 264 blades in Wilmington through earlyDecember. The 132 foot long blades will bedistributed to land-based wind farms in themid-Atlantic region.

“We are very pleased to have been se-lected by GE’s wind energy group as its portlogistics service provider for the secondconsecutive year,” said Gene Bailey, Exec-utive Director of the Diamond State PortCorporation. “Our terminal facilities, loca-tion, transportation infrastructure, and mostimportant our experienced and high-skilledworkforce provide GE and their project cus-tomers with an efficient and safe distribu-tion solution for these large, fragile and highvalue wind turbine blades.”

The Port has also have received supportfrom Delaware’s Departments of Trans-portation and Public Safety and Homeland

Security to facilitate truck permitting andpolice escort services for the movement ofthis project cargo through the State and toits final destination.

Seamen’s Center of Wilm-ington (SCW) annually recog-nizes those that have shownkindness, friendship and supportto seafarers and the Seamen’sCenter of Wilmington. At thePort of Wilmington MaritimeSociety Annual Dinner on No-vember 10, 2010, SCW awardedMagellan Midstream Partnersthe Seafarers’ Friend Award fortheir efforts and dedication to the

seafarers arriving at the Port ofWilmington.

Past recipients of the Seafar-ers’ Friend Award have includedchurches, individuals and corpo-rations. Community support isvital to the mission of the Sea-men’s Center of Wilmington astheir volunteer staff greets andassists more than 10,000mariners arriving in the State ofDelaware each year.

Magellan Midstream Partners Receives Seafarers’ Friend Award

In other SCW news . . .

The Seamen’s Center of Wilmington held its annual fall fundraiser in Sep-

tember. SCW thanks the port community for its generous support of its

mission. Shown above are (l-r) SCW Executive Director Joan Lyons, and

volunteers Jamie Kate Osman and Phyllis Muyskens.

Did you know... industry job postings and resumes are posted

on the Maritime Exchange web site at

www.maritimedelriv.com/Jobs/jobs.htm

Please visit often to check out the latest opportunities!

For information on listing your resume or job posting, please

contact Donna Stargell, 215-925-2615 or [email protected]

HELP WANTED

Photo courtesy of Vered Nohi-Becker

Diamond State Port Corp

Page 16: The Beacon Winter 2010 - Delaware River · (ACS) in 2011. “Customs and carriers have been looking for-ward to this moment since 1993, when Congress passed the “Customs ‘Mod’

The Beacon 16 Winter 2010

Upcoming Events12/02/10 2010 Joint Holiday Dinner

Ballroom at the Ben, Philadelphia, PAContact Eileen Bartlomiejus: [email protected] or215-922-6293

12/08/10 Maritime Exchange Executive Committee Meeting

12/09/10 Mariner's Advisory Committee MeetingLaVeranda, Philadelphia, PA Contact Scott Anderson: [email protected]

12/15/10 DRPA/PATCO Board Meetings followed by Committee Meetings

Philadelphia Regional Port Authority Board Meeting

01/11/11 Tri-State Maritime Safety Association Board Meeting

01/12/11 Maritime Exchange Board Meeting

01/18/11 Seamen's Center of Wilmington Board Meeting

01/19/11 DRPA/PATCO Board Meetings followed by Committee Meetings

Philadelphia Regional Port Authority Board Meeting

01/27/11 Women’s International Trade Association Dinner MeetingPopi’s Italian Restaurant, Philadelphia, PAContact Yasmeen Johnson: [email protected] or215-925-1524

02/09/11 Maritime Exchange Executive Committee Meeting

02/16/11 World Trade Association LuncheonThe Downtown Club, Philadelphia, PAContact Deborah Ingravallo: [email protected] or 856-642-3957

DRPA/PATCO Board Meetings followed by Committee Meetings

Philadelphia Regional Port Authority Board Meeting

For a complete schedule and event details

visit the Exchange’s web site: www.maritimedelriv.com

Welcome Aboard

Notes & News

ePortation Inc., an information logistics and mobile technology company, has

appointed military veteran Andre C. McCoy as Chief Operating Officer.

Stephen J. Galati, Esq., of the Philadelphia law firm of Mattioni, Ltd. has been

elected to serve on the Board of Directors of the Chilean and American Cham-

ber of Commerce of Greater Philadelphia. Mr. Galati has also been re-elected

to the Board of Directors of the International Refrigerated Transportation Asso-

ciation (IRTA) for a three-year term.

In August, Jim Cooney joined Capes Shipping Agencies as General Man-

ager of their Wilmington office. Jim is a Philadelphia native and brings a wealth

of experience given his career in the maritime industry.

BATA Marine, Inc.

2034 Knotty Pine Drive

Abingdon, MD 21009

410-808-1050

Fax: 410-569-5342

www.batamarineinc.com

Calpine, Inc.

Edge Moore/Hay Road

Energy Center

200 Hay Road

Wilmington, DE 19809

302-761-7020

Fax: 302-761-7050

Delaware City Refining

Company

4550 Wrangle Hill Road

Delaware City, DE 19706

302-834-6000

Fax: 302-834-6498

ePortation

401 South 2nd Street, Suite 305

Philadelphia, PA 19147

215-627-2651

Fax: 215-893-5287

[email protected]

www.eportation.com

Select Greater Philadelphia

200 South Broad Street

Suite 700

Philadelphia, PA 19102

215-790-3727

Fax: 215-790-3720

www.selectgreaterphila.com

Trigen Energy Company –

a Veolia Energy Company

2600 Christian Street

Philadelphia, PA 19146

215-875-6900

Fax: 215-875-6910

www.veoliaenergyna.com

University Consulting

Engineers, LLC

12 Penns Way, Suite 108

New Castle, DE 19720

302-731-3160

Fax: 302-322-4065

[email protected]

www.uce-x.com