Maritime Security Directive 104-6 (Rev. 4); Guidelines for U.S. Vessels Operating in High Risk Waters, 75486-75487 [2010-30314]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Pages 75486-75487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30314]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0384]


Maritime Security Directive 104-6 (Rev. 4); Guidelines for U.S. 
Vessels Operating in High Risk Waters

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the release of Maritime Security 
(MARSEC) Directive 104-6 (Rev. 4). This Directive only applies to U.S. 
flagged vessels subject to the Maritime Transportation Security Act 
(MTSA) on international voyages through or in designated high risk 
waters, and provides additional counter-piracy guidance and mandatory 
measures for these vessels operating in these areas where acts of 
piracy and armed robbery against ships are prevalent. MARSEC Directive 
104-6 (Rev. 4) also includes an annex that provides specific direction 
for vessels operating around the Horn of Africa. MARSEC Directives are 
designated Sensitive Security Information (SSI) and are not subject to 
public release.

DATES: MARSEC Directive 104-6 (Rev. 4) was made available on November 
23, 2010. MARSEC Directive 104-6 (Rev. 3) is no longer valid after this 
date.

ADDRESSES: The latest MARSEC Directives are available at your local 
Captain of the Port (COTP) office. Phone numbers and addresses for your 
local COTP office can be found in the Port Directory at https://homeport.uscg.mil.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call LCDR James T. Fogle, Office of Vessel Activities, Coast Guard, 
telephone 202-372-1038, e-mail James.T.Fogle@uscg.mil. If you have 
questions on viewing material on the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: Somali pirates operate along a 2,300 mile 
coast and in 2.5 million square miles of ocean. Given the size and 
complexity of the affected area, a combination of domestic and 
international efforts is necessary to curb piratical activities. The 
combination of piracy and weak rule of law in the region offers a 
potential breeding ground for other transnational threats. Accordingly, 
the U.S. has used existing statutory authority to develop regulations 
designed to protect U.S.-flagged vessels and continues to work with 
international partners to prevent piracy.
    On February 10, 2006, the Coast Guard announced the release of 
MARSEC Directive 104-6 (71 FR 7054) for those owners and operators of 
vessels subject to 33 CFR parts 101 and 104 to provide direction to 
U.S. flagged vessels operating in high risk areas where acts of piracy 
and armed robbery against ships are prevalent.
    That Directive has been superseded by four revisions updating the 
Directive. MARSEC Directive 104-6 (Rev. 1) provided an updated list of 
the high risk waters based on a biennial review of global piracy and 
terrorism threats.
    MARSEC Directive 104-6 (Rev. 2), issued on May 11, 2009, provided 
additional counter-piracy guidance to U.S. flagged vessels operating in 
high risk waters where acts of piracy and armed robbery against ships 
are prevalent. It also provided a listing of additional high risk 
waters, updated

[[Page 75487]]

from the previous version of the Directive.
    MARSEC Directive 104-6 (Rev. 3) encourages the use of industry best 
management practices that have proven to be successful in thwarting 
pirate attacks and incorporates lessons-learned since the issuance of 
Revision 2.
    MARSEC Directive 104-6 (Rev. 4), the Directive that is the subject 
of this notice of availability, provides clarification for U.S. flagged 
vessels berthed or anchored in high risk waters. Vessels at anchor 
should operate in a manner consistent with vessels that transit through 
high risk waters. Whether at anchor or underway, the vessels are 
subjected to the same type of threats from attacking pirates. Vessels 
berthed in high risk waters should implement enhanced security measures 
as required by the MARSEC Directive. With the issuance of (Rev. 4), 
MARSEC Directive 104-6 (Rev. 3) is no longer valid.
    To support the issuance of MARSEC Directive 104-6 (series), we have 
developed piracy-related Port Security Advisories (PSAs) to provide 
further guidance and direction to U.S. flagged vessels operating in 
high risk waters to help facilitate compliance with this directive. The 
PSAs can be found at https://homeport.uscg.mil/piracy, including a non-
SSI version of this MARSEC Directive.
    Procedural:
    COTPs and District Commanders can access all MARSEC Directives on 
Homeport by logging in and going to Missions > Maritime Security > 
Maritime Transportation Security Act (MTSA) > Policy. Owners and 
operators of U.S. flagged vessels that travel on international voyages 
must contact their local COTP or cognizant District Commander to 
acquire a copy of MARSEC Directive 104-6 (Rev. 4). COTPs or cognizant 
District Commanders may provide this MARSEC Directive to appropriate 
vessel owners and operators via mail or fax in accordance with SSI 
handling procedures.
    Pursuant to 33 CFR 101.405, we consulted with the Department of 
State, Office of the Secretary of Defense, Joint Chiefs of Staff, 
Department of Transportation/Maritime Administration, Office of Naval 
Intelligence, Department of Commerce, Department of Justice, Military 
Sealift Command, Global Maritime Situational Awareness, Overseas 
Security Advisory Council, United States Agency for International 
Development, Naval Criminal Investigative Service, Customs and Border 
Protection, Transportation Security Administration, U.S. Africa 
Command, U.S. Central Command, and U.S. Transportation Command prior to 
issuing these Directives.
    All MARSEC Directives issued pursuant to 33 CFR 101.405 are marked 
as SSI in accordance with 49 CFR Part 1520. COTPs and District 
Commanders will require individuals requesting a MARSEC Directive to 
prove that they meet the standards for a ``covered person'' under 49 
CFR 1520.7, have a ``need to know'' the information, as defined in 49 
CFR 1520.11, and that they will safeguard the SSI in MARSEC Directive 
104-6 (Rev. 4) as required in 49 CFR 1520.9.

    Dated: November 23, 2010.
Kevin S. Cook,
Rear Admiral, USCG, Director of Prevention Policy.
[FR Doc. 2010-30314 Filed 12-2-10; 8:45 am]
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