Maritime Security Directive 104-6 (Rev 5); Guidelines for U.S. Vessels Operating in High Risk Waters, 2402-2403 [2011-578]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2402-2403]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-578]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0384]


Maritime Security Directive 104-6 (Rev 5); 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

[[Page 2403]]

(MARSEC) Directive 104-6 (Rev 5). 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 5) 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 5) is available on January 13, 2011. 
MARSEC Directive 104-6 (Rev 4) is no longer valid after this date.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:

Background and Purpose

    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 has been 
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. uses existing 
statutory authority to develop security standards 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 is prevalent.
    MARSEC Directive 104-6 has been revised five times. 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) 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 from the 
previous version of the Directive.
    MARSEC Directive 104-6 (Rev 3) encouraged 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) provided 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 described in the MARSEC Directive.
    MARSEC Directive 104-6 (Rev 5), the Directive that is the subject 
of this notice of availability, addresses the expanding operating area 
of Somali pirates and provides U.S. flagged vessels additional guidance 
for operations in the Indian Ocean. With the issuance of (Rev 5), 
MARSEC Directive 104-6 (Rev 4) is no longer valid.
    To support the issuance of MARSEC Directive 104-6 (series), we 
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 in PSA (2-09) (Rev 3).

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, cognizant District Commander or the 
Office of Vessel Activities to acquire a copy of MARSEC Directive 104-6 
(Rev 5). 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 5) as required in 49 CFR 1520.9.

    Dated: January 7, 2011.
Kevin S. Cook, USCG,
Director of Prevention Policy.
[FR Doc. 2011-578 Filed 1-12-11; 8:45 am]
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