MARINE ENGINEERS' BENEFICIAL ASSOCIATION (AFL-CIO)
         "On Watch in Peace and War Since 1875"

MEBA TELEX TIMES           JUNE 13, 2008

The Official Union Newsletter

NUMBER 24

In this issue...
EMOLA directors meet...Customs says 100% cargo checks by 2012 unlikely...TWIC news...CAA Reunion coming up...Soooooooo-eeeeee! We go to the maritime trough and ham it up with a porky, potbelly edition of baloney-free industry news that brings home the bacon. Keep your snout away from swine-herding, spamming newsletters that oink out hogwash. That pig-headed slop will give you literary trichinosis! Wee wee wee! Never a boar, the curly-tailed Telex Times will make you squeal with delight!

MOLA PRINCIPALS MEET
The six directors of the Merchant Officers' Labor Alliance (MOLA) had their first meeting as a group this week in Linthicum, MD. As part of the pact, M.E.B.A. and MM&P have three representatives each on the MOLA's Joint Operating Committee (JOC). The MOLA charts out a system for our unions to work together on items of mutual interest. On the M.E.B.A. side, MOLA officers include President Don Keefe, Secretary-Treasurer Bill Van Loo and Executive V.P. Ed MacCormack. MM&P MOLA directors include President Tim Brown, Offshore Gulf Coast V.P. Bob Groh and Pacific Coast V.P. Don Marcus.

Among other topics, the JOC discussed efforts to work together on lobbying and legislative endeavors and better develop the relationship between MIRAID and the American Maritime Congress. They also talked about other avenues of cooperation that could result in cost savings for both sides. MOLA Directors are eyeing a September date for their next meeting.

100% CARGO CHECKS UNLIKELY BY 2012
At a Congressional hearing this week, witnesses cast doubt on the likelihood of 100% cargo scanning by 2012 as required by law.

Sen. Frank Lautenberg (D-N.J.), Chairman of the Surface Transportation and Merchant Marine Infrastructure Subcommittee (part of the Senate Commerce Committee), was dismayed to hear much of the testimony from several government witnesses concerning the Secure Freight Initiative International Container Security pilot program and the implementation of the 100% scanning requirement. In August 2007, the 9/11 Commission Act was enacted, which revised the SAFE Port Act and stipulated that by 2012, 100% of containers sailing into the U.S. should be scanned at the ports of departure.

Though he steered clear of it in his written testimony, when pressed in the question and answer session, Customs and Border Protection Deputy Commissioner Jayson Ahern told the subcommittee that the 2012 deadline was unlikely due to a number of factors including cost and the slow development of technology necessary for the job. "Scanning 100% of the containers at 700 ports around the world is not sensible," he stated. "We didn't come up with the date of 2012. Congress put that in there." Further, Ahern did not have an answer upon being asked when 100% scanning would be achievable.

Stephen Caldwell of the Government Accountability Office laid out a number of apprehensions the agency has uncovered with the 100% requirement including costs, the concern that the program could divert resources away from other security threats and the worry that this could be a barrier to trade and spur foreign governments to call for reciprocity.

Sen. Lautenberg held his ground and vowed to introduce legislation in the near future that "will make real improvements to our port security programs-and keep our economy and families safe."

"We're playing with people's lives, with security, with risk that we know is inherently built into shipping," he announced venting his frustration at the turtle-like pace of efforts to get the requirement implemented. "I don't consider that political grandstanding," he said. Criticizing the administration and the agencies that he says are explaining away the delays, he noted, "They're doing the political grandstanding. They're protecting the decisions made within the administration."

CONGRESS MAY TIGHTEN JONES ACT RULES ON OVERSEAS SHIPYARD WORK
A House Coast Guard and Maritime Transportation Subcommittee meeting this week (part of the Transportation & Infrastructure Committee) has left the impression that Congress will demand clarifying language in the Jones Act regarding the rebuilding of U.S. vessels in overseas yards.

Prior to 1956, U.S. law did not prohibit vessels that were rebuilt abroad from operating in the domestic trades. In 1956, Congress enacted the Second Proviso to the Jones Act to provide additional assistance to U.S. shipyards by excluding vessels rebuilt in foreign yards from the coastwise trades. However, the term "rebuilt" was not immediately defined by the Proviso and through the years a number of clarifications have further defined the term. Traditionally, the Coast Guard has determined whether a vessel has complied with the Proviso on a case-by-case basis. Yet, as Subcommittee Chairman Elijah Cummings (D-MD) asserted, "There is currently significant confusion regarding the exact meaning of some of the terminology utilized in existing regulations, as well as how those regulations are to be applied. Such confusion appears likely to undermine efforts to ensure that the Second Proviso is enforced as intended. It is my hope that the Coast Guard will take the opportunity to clarify its regulations."

Chairman Cummings said that, "increased transparency in administration of the processes used to assess the extent of vessel rebuilds would enhance enforcement and enable all parties in the Jones Act trade to understand the specific standards that are being applied by the Coast Guard. Additionally, there needs to be enhanced oversight of the processes that the Coast Guard utilizes to implement Jones Act regulations, as well as an effort to verify that the alterations made to vessels at foreign shipyards do not violate the Second Proviso."

ARMY CORPS REIMBURSING MEMBERS FOR TWIC COSTS
A good labor-management relationship with the Army Corps of Engineers has enabled a situation where members working for the Corps will be reimbursed for the costs of obtaining their Transportation Worker Identification Credentials (TWIC). The agency released a memo saying that the Corps has determined that, "it is prudent for the organization to comply with USCG inspection and certification regulations, and [since] the USCG requires a TWIC for USCG certification..the expense of obtaining a TWIC by any USACE employee required to do so is reasonably related to accomplishing the purposes for which USACE appropriations are made." They therefore determined that TWIC cards are a necessary expense and that "the use of appropriated funds for this purpose is accordingly authorized."

Members serving in the Army Corps should get in touch with their Chain of Command to learn more details about the reimbursement process in their district. You can also contact M.E.B.A.'s Government Fleet Representative Randi Ciszewski to learn more.

BENNIE THOMPSON DISGUSTED AT TWIC PRINTER FAILURES
The Chairman of the House Homeland Security Committee Rep. Bennie Thompson (D-Miss.) has fired off a letter to Department of Homeland Security Secretary Michael Chertoff leveling criticism at DHS for recent equipment problems that have led to additional production delays with the Transportation Worker Identification Credential (TWIC) program.

He said, "It has come to my attention that eight of the twelve machines used to make TWIC cards have been returned to the manufacturers for repairs and system upgrades. Due to this machinery malfunction, the previous one-day time frame for card production has increased to a ten-day time period."

The incredulous Congressman pointed out that over a million transportation workers must have TWIC credentials by April 15, 2009 and that continued delays could hurt efforts to meet that goal. "It would be both unfortunate and unfair if the necessary activities of these employees and their respective employers are hampered due to unavoidable delay in card production." He served up a list of questions for the Secretary to answer regarding the equipment and the contract with the manufacturer and asked Chertoff to get back to him with the answers in a timely fashion.

"At this juncture, it is difficult to determine which is more astonishing - the fact that the facility producing these cards is experiencing a 66% machine failure rate or the fact that this machine failure rate has resulted in a ten-fold increase in the card production schedule," the Congressman noted. ".This is yet another link in a chain of problems hampering the nation's transportation workers from meeting the April 2009 deadline."

COAST GUARD NOTICE ON TWIC
The Coast Guard issued another notice regarding the Transportation Worker Identification Credential (TWIC) program and how it affects merchant mariners. Our members should already be very aware of this information, but just in case, the text of the notice follows:

The September 25, 2008 deadline for all U.S. Coast Guard credentialed mariners has been extended to April 15, 2009. By law, all U.S. Coast Guard-credentialed mariners with an active Merchant Mariner's Document (MMD), License, and/or Certificate of Registry (COR), with or without an STCW endorsement, must hold a valid Transportation Worker Identification Credential (TWIC) to maintain their mariner credentials. Failure to obtain and continue to hold a valid TWIC may result in suspension or revocation of your marine credentials. After April 15, 2009, the Coast Guard will not issue a merchant mariner credential to an applicant who does not hold a valid TWIC.

To apply for a TWIC, you must first enroll at any TWIC enrollment center. Pre-enrollment through the TSA website, www.tsa.gov/twic, will expedite processing time at the center. You will need to pick up your TWIC, after being notified that it is ready, at the same enrollment center where you applied. In order to ensure the information on your TWIC application is forwarded to the U.S. Coast Guard for the processing of your merchant mariner credential application, you must identify yourself as a mariner at the TWIC enrollment center. You must also provide proof of citizenship and/or alien status and your Social Security Number.

For now, you must still apply separately for your original or renewal merchant mariner credential through the U.S. Coast Guard in person at a Regional Exam Center. In the future, TWIC holders may be able to conduct their merchant mariner credential transactions with the Coast Guard entirely by mail. If your MMD was issued after February 3, 2003, or your License was issued after January 13, 2006, you are eligible for a reduced-fee TWIC because those credentials are based on similar threat assessments. However, a reduced-fee TWIC will expire at the same time as your mariner credential. The full-fee TWIC will be valid for five years after issuance. To get the most for your money, we suggest that you only choose to receive the reduced-fee TWIC if your MMD or License was issued less than 14 months prior to the date of your TWIC enrollment.

The requirement to obtain a TWIC was established by the Maritime Transportation Security Act of 2002 (MTSA) and is outlined in Title 46, Code of Federal Regulations, Sections 10.113 and 12.01-11. The TWIC program is administered by the Transportation Security Administration (TSA) and the U.S. Coast Guard.

For those mariners who have already applied for a TWIC, please call TSA's TWIC helpdesk at 1-866-347-8942 to ensure you are listed as a mariner in the TWIC system. You can visit the helpdesk online at http://twicinformation.tsa.dhs.gov/twicinfo/contact.jsp. The site states that you should receive a response to queries submitted online within three
days.

GOOD NEWS FOR M.E.B.A. MATES: LIFETIME TERMS SET FOR RADIO OPERATOR LICENSES
M.E.B.A. deck officers will benefit from a recent regulation change at the Federal Communications Commission that will allow our officers to avoid having to renew required radio operator licenses.

Before March 25, 2008, the GMDSS Radio Operator's License term was for five years for all licenses issued prior to 2008. But an FCC rulemaking that went into effect on the March date established lifetime license terms for MROP, GMDSS, and Restricted GMDSS licenses. Therefore renewed licenses issued after 3/25/08 will be renewed as lifetime licenses.

The following licenses are issued for the holder's lifetime:

General Radiotelephone Operator Permit; Restricted Radiotelephone Operator Permit; Restricted Radiotelephone Operator Permit-Limited Use; GMDSS Radio Operator's License; Restricted GMDSS Operator's License; GMDSS Radio Maintainer's License; GMDSS Operator/Maintainer License; Marine Radio Operator Permit.

The following licenses are issued for a 5 year term:

Third Class Radiotelegraph Operator's Certificate; Second Class Radiotelegraph Operator's Certificate; First Class Radiotelegraph Operator's Certificate.

Those licenses that remain a five-year term license have a five-year grace period for renewal. After that grace period expires, applicants must retake the requisite written and/or telegraphy examination(s). An expired certificate is not valid for any radio operations.

USTRANSCOM's SCHWARTZ TAPPED AS NEXT AIR FORCE CHIEF OF STAFF
Secretary of Defense Robert Gates has announced his recommendation of Gen. Norton A. Schwartz, commander of the U.S. Transportation Command, to become the next Air Force Chief of Staff. Schwartz would replace Gen. T. Michael Moseley, who with Air Force Secretary Michael W. Wynne, resigned last week. That pair are part of a shake-up due to publicized incidents of "lapses in the handling of nuclear weapons." Gen. Schwartz had planned to retire from USTRANSCOM in November with Air Force Lt. Gen. William M. Fraser III penciled in to replace him. Now, Secretary Gates has announced that Gen. Duncan J. McNabb has been nominated as the next commander of U.S. Transportation Command. Lt. Gen. Fraser has now been recommended to serve as the Air Force Vice Chief of Staff instead.

In late May, the United Seamens' Service announced that Gen. Schwartz would be the recipient of a special AOTOS Award at the annual ceremony in New York later this year.

CAA REUNION FILLING UP - ACT NOW!!!
Calhoon Alumni Association President Mike Fanning encourages you to get your act together and sign up soon for this year's CAA Reunion. Procrastinators risk getting shut out of "The Event of the Summer" that will likely fuel stories that you'll be telling your grandkids one day.

The CAA hosts the Reunion for members and retirees as well as their friends and families. It is set to take place at the Calhoon M.E.B.A. Engineering School from June 27-29. Can you really look yourself in the mirror if you miss this barn-burning blowout!? Rooms are going quick, so sign up now. More participants for the golf tournament that kicks off the long weekend can be accommodated. At the very least, members who are at sea or anyone else who can't get out to Easton, MD during that weekend can make their presence felt by sponsoring a golf hole, keg, or bushel of crabs. Mike will let people know about your generosity! Further Reunion details and necessary forms can be accessed from the School's website at www.mebaschool.org.

If you want to reserve a room at the School, book it soon. They are on a first-come, first-serve basis and no phone reservations will be accepted. Mike says that you should leave your fireworks and pets at home that weekend but says that boaters and RVs are welcome (electrical hook-ups are only available on a limited basis). If you have any questions or concerns please contact Mike Fanning at caa@mebaschool.org.

MARAD NAMES MARINE HIGHWAYS DIRECTOR
The Maritime Administration has named James D. Pugh to head its Office of Marine Highways and Passenger Services in Washington, D.C. Jim will focus on expanding the use of America's coastal, intracoastal and inland waterways to reduce landside congestion, reduce energy consumption and increase opportunities for American mariners, shipbuilding and the overall economy. He will also oversee the office of Passenger Vessel Services, which was established to support the passenger and cruise industry and its multi-billion dollar contribution to the economy as well as the congestion relief that passenger ferries offer nationwide. Prior to this assignment, Jim was the Deputy Division Chief in the U.S. Coast Guard's Domestic Ports Division. He brings over three decades of marine transportation experience to the position, including Executive Director of the Port of Houston, Executive Director of the Indiana Port Commission, Senior Director in the Port of San Diego, President of the first scheduled containership service from Memphis to Central America. Jim also served as Vice Chairman of the American Association of Port Authorities.

REGULAR MONTHLY MEETINGS
Monday, July 7 - Boston, Jacksonville, Seattle;
Tuesday, July 8 - Baltimore, Houston, San Francisco;
Wednesday, July 9 - Charleston, New Orleans, Portland;
Thursday, July 10 - L.A., New York, Norfolk, Tampa;
Friday, July 11 - Honolulu. 

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