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

MEBA TELEX TIMES           SEPTEMBER 26, 2008

The Official Union Newsletter

NUMBER 39

In this issue...
CG Medical NVIC released...Advisory on OCMs...Piracy incidents... TWIC news...Elementary! In a sleuth-like, Scotland Yard-style edition, we do a little detective work as we follow the leads for the missing maritime news you need. Don't let the trail go cold with snooping, gumshoe newsletters that haven't got a clue. Tell those private dicks to get off your case! Mystery solved you've discovered the Telex Times. A good newsletter is hard to find!

COAST GUARD ISSUES MEDICAL & PHYSICAL EVALUATION GUIDELINES
The U.S. Coast Guard has released its long anticipated medical and physical evaluation guidelines for merchant mariner credentials. Contained in Navigation and Vessel Inspection Circular (NVIC) No. 04-8, the document provides guidance for evaluating medical and physical conditions of applicants for merchant mariner documents, licenses, certificates of registry and STCW endorsements. The Coast Guard says it represents their current thinking on the issue and was released to outline methods of best practice for compliance with the applicable law. NVIC 04-08 replaces NVIC 02-98.

M.E.B.A., along with several other maritime unions, expressed concerns as the guidance was being developed. Among other things, the unions pointedly urged against an NVIC that would result in additional physical examinations for our people and would increase the number of disqualifications. However, the Coast Guard insists that the NVIC should not result in higher rates of disqualification for service, or in increased processing time for credential applications with physical and/or medical issues. To the contrary, they say, the Coast Guard expects the process to be fairer and less subjective, and we anticipate application processing time to be reduced because all parties will know precisely what information is needed at the outset of the application process. The guidance is a whopping 70 pages. M.E.B.A. will monitor how the NVIC affects our mariners.

If you have specific questions on using the NVIC, please contact the NMC Medical Branch via email at MARINERMEDICAL@uscg.mil or by calling the Mariner Information Call Center at 1-888-IASKNMC (1-888-427-5662). The NVIC 04-08 and the associated enclosures can be found on the Coast Guards website at: www.uscg.mil/hq/cg5/nvic/2000s.asp#2008.

COAST GUARD ADVISORY ON OIL CONTENT MONITOR
The U.S. Coast Guard has been informed by various sources that a particular model Oil Content Monitor (OCM) has a unique vulnerability that facilitates convenient tricking. DECKMA model OMD-2005 utilizes a handle operated ball valve which when rotated allows a metal extension attached to the valve handle plate to come into contact with a magnetic micro-switch. This action in turn causes the unit's internal processor to interpret the position of the handle as indicating that the Oily Water Separator (OWS) discharge sample is being sensed by the monitor. By placing a magnet near the micro-switch or by using items such as a binder clip, this interlocking function is disabled and the valve may be repositioned to allow clean water to flow continuously to the OCM. OMD-2005 units delivered after January 2005 have been fitted with a cover plate which makes this intervention slightly more difficult. Owners of units that do not have this cover plate are being encouraged to obtain one by contacting their equipment's technical representatives. It is important to note that this particular manufactured meter is not the only unit that can be tricked. Units manufactured by other companies may also have similar vulnerabilities. Port and Flag State inspection personnel, auditors, class representatives, and owner /operator technical personnel should always be alert when examining this equipment. USCG inspection and investigation processes have revealed many methods used to disable OCM functionalities. Within the OCM cabinetry simple jumpers, swapped wires, disconnected wires, the addition of internal switches, etc., have been discovered. Externally, the use of flushing water during operations, additional clean water connections to the discharge sample line, additional powering capabilities to the three-way valves or discharge control valves, mechanical overrides limiting the action of electro-pneumatic operated control valves, the use of screwdrivers to over-ride interlocks and switches, etc.., have been noted at one time or another.

The USCG strongly recommends that personnel associated with the maintenance, operation, inspection, and testing of OWS and OCM equipment be alert for the types of improper modifications and deliberate manipulations stated above.

PIRATES? M.E.B.A.-CREWED SHIP WARDS OFF POSSIBLE ATTACK OFF SOMALI COAST
The M.E.B.A.-crewed Military Sealift Command Oiler USNS JOHN LENTHALL warded of two small boats that motored into the ships security zone this week near the coast of Somalia. While it is unclear if personnel on the boats were intent on attacking the 41,000-ton ship, it is clear they were not following the international rules of the road observed by mariners around the globe. More importantly, the location of the incident, the types of boats involved (small open skiffs), and the maneuvering they undertook was consistent with reports from previous attacks on merchant vessels in the region. After initial undisclosed defensive measures were taken as the boats approached, an embarked security team aboard the LENTHALL then fired warning shots in the vicinity of the boats. The rounds impacted the water approximately 50 yards from the closest boat and resulted in both small boats ending their pursuit. No one was injured.

"This incident is clear proof that all mariners must remain vigilant," said Capt. Steve Kelley, the commander responsible for all Military Sealift Command (MSC) ships in the region. "I am extremely pleased with the actions taken by the ship's master and ultimately by the security personnel aboard. They initially used defensive measures and when those weren't enough the security personnel took action to defend the ship."

RUSSIANS RETALIATE OVER HIJACKED UKRAINIAN AMMO SHIP
Russia has dispatched a warship to the Somali Coast following the hijacking of the Ukrainian cargo ship FAINA in an incident of piracy taking place on Thursday. Three small boats of armed pirates boarded the Belize-flagged ship that was carrying 33 Russian T-72 tanks, a substantial quantity of ammunition, rocket-propelled grenades and anti-aircraft guns being sold to Kenya and bound for delivery in Mombasa. They really hit the jackpot this time, said a regional arms expert. There is not much they can do with the tanks, but the RPGs and the Zu-23 anti-aircraft guns will soon find their way into Somalias arms markets. These are the sort of weapons that fighters in Somalia really like.

The FAINA crew consists of 17 Ukrainian nationals, three Russians and one Latvian. The Russian Navy ship was ordered into the area earlier today and will address this particular incident as well as the protection of ongoing Russian shipping in the region for the next two months.

SAIC AWARDED CONTRACT FOR TWIC HANDHELD READERS
The Coast Guard has announced that it has awarded a contract for up to 300 Transportation Worker Identification Credential (TWIC) Hand-Held Readers. Science Applications International Corporation (SAIC) netted the $2,274,366 deal which includes delivery, warranty, training and travel. The device will be used to interpret the biometric information encoded on each of the cards.

HAWAII, ALASKA WILL GET EARLY TWIC START DATES
The U.S. Coast Guard and the Transportation Security Administration have announced that Feb. 12, 2009 is the Transportation Worker Identification Credential (TWIC) compliance date for owners and operators of facilities located within the U.S. Coast Guard Captain of the Port Zones of Honolulu, Hawaii, Prince William Sound, Alaska, Southeast Alaska and Western Alaska. All ports in the state of Hawaii and the state of Alaska are affected by the Feb. 12, 2009, deadline including, among others: Barbers Point, Hawaii, and Ketchikan, Juneau, Anchorage, Kodiak and Valdez, Alaska.

Mariners may use their valid Coast Guard-issued merchant mariner's document, license or certificate of registry, along with a valid photo ID, to be eligible for unescorted access in secure areas of any facility regulated under the Maritime Transportation Security Act of 2002 that has a TWIC compliance date earlier than April 15, 2009. The date by which owners and operators of vessels and outer continental shelf facilities must implement access control procedures utilizing TWIC is also April 15, 2009.

The Coast Guard plans to announce additional dates for the compliance phase of the TWIC program in coming weeks. Compliance will be phased in by Captain of the Port Zones between Oct. 15, 2008, and April 15, 2009, after which all ports must be in compliance and all credentialed mariners must be in possession of a TWIC.

Workers are encouraged to enroll as soon as possible and can pre-enroll for their TWIC online at www.tsa.gov/twic.  Pre-enrollment speeds up the process by allowing workers to provide biographic information and to schedule a time to complete the application process in person. The pre-enrollment process reduces the time it takes to fully enroll in the TWIC program and eliminates waiting at enrollment centers.

TSA ISSUES TWIC INFORMATIONAL BULLETIN
In response to a number of inquiries concerning TWIC requirements and the comparability between TWIC and Hazardous Materials Endorsement, the Transportation Security Administration has provided the following questions and answers:

Can employers require their employees to enroll for a TWIC even if their job does not require them to have unescorted access to facilities and vessels regulated by the Maritime Transportation Security Act (MTSA)?

No. All applicants must certify that they need a TWIC to perform their job. Applicants must currently be, or are applying to be, a port worker who requires unescorted access to secure areas of maritime facilities and vessels regulated by MTSA; or they are a commercial HME driver licensed in Canada or Mexico. Applicants also certify that the information they provide during the enrollment process is true, complete, and correct. If required, civil or criminal action may be taken if an individual provides false information or makes false certifications (per 49 CFR 1570.5 and 18 U.S.C. 1001).

Where in the TWIC regulation is this topic covered?

49 CFR § 1570.5 Fraud and intentional falsification of records. No person may make, cause to be made, attempt, or cause to attempt any of the following:

(a) Any fraudulent or intentionally false statement in any record or report that is kept, made, or used to show compliance with the subchapter, or exercise any privileges under this subchapter. 49 CFR § 1572.17 Applicant information required for TWIC security threat assessment. (e) The applicant must certify the following statement in writing: As part of my employment duties, I am required to have unescorted access to secure areas of maritime facilities or vessels in which a Transportation Worker Identification Credential is required; I am now, or I am applying to be, a credentialed merchant mariner; or I am a commercial driver licensed in Canada or Mexico transporting hazardous materials in accordance with 49 CFR 1572.201.

Where are TWICs required?

The TWIC requirements apply to U.S.-flagged vessels subject to 33 CFR Part 104, with the exception of U.S. vessels operating under the waivers provided for under 46 U.S.C. 8103(b)(3)(A) or (B), Warships, naval auxiliaries (USNS vessels), or other vessels owned or operated by the U.S. government and used only on government non-commercial service. The TWIC requirements also apply to all facilities subject to 33 CFR Parts 105 and 106, except for public access facilities (which are exempt from the access control provisions in 33 CFR Part 105) and facilities that have intermittent operations in their current Coast Guard-approved Facility Security Plans (which includes approved periods when personal identification is not checked).

TWICs are required for unescorted access to secure areas at the above listed vessels and facilities. A secure area is defined as the area over which an owner/operator has implemented security measures for access control. For Outer Continental Shelf (OCS) facilities, the secure area encompasses the entirety of the OCS facility. For vessels, the secure area encompasses the entirety of the vessel, with the exception of any passenger or employee access areas, defined in accordance with 33 CFR 104.106 and 104.107, respectively. For facilities, the secure area is the entire area within the outer-most access control perimeter of a facility, with the exception of public access areas (defined in accordance with 33 CFR 105.106). The secure area is bound by the fence line, gates, waterfront, and other means that provide access control to the area. The secure area is the area regulated by 33 CFR Part 105 and covered by the current Coast Guard-approved security plan.

Facilities with a significant non-maritime transportation portion may request to redefine their secure area to include only the maritime transportation portion of the facility. If the Coast Guard (via the Captain of the Port where the facility is located) approves this redefinition, TWICs will only be required for unescorted access within the newly redefined secure area.

Are the background checks for a TWIC the same as the background checks conducted for an individual applying for Hazardous Materials Endorsement (HME)?

Yes. They have the same eligibility requirements, waiver and appeal process, and fingerprint-based criminal history records check, as described in 49 CFR part 1572. Applicants who hold a valid HME issued after May 31, 2005 are eligible for a reduced fee of $105.25 and this document should be presented at the time of TWIC enrollment.

For additional information related to TWIC enrollment, please visit the TSA TWIC Program website at www.tsa.gov/twic or send an email to credentialing@dhs.gov. For additional information related to TWIC compliance, please visit the U.S. Coast Guard TWIC website at http://homeport.uscg.mil/twic or send an email to uscg-twic-helpdesk@uscg.mil.

MARAD CONTRACT TO HELP BATTLE INVASIVE SPECIES
The Maritime Administration has awarded a $350,000 contract to the Northwest-Midwest Institutes Great Ships Initiative. The requirements of the contract are to design and validate a ballast sampling method that is reliable, replicable, and cost-effective for both ship owner and the regulatory community. It will also be used to develop appropriate protocols for ballast water discharge sampling. The Great Ships Initiative is a collaborative effort to end the problem of ship-mediated introductions of invasive species in the Great Lakes-St. Lawrence Seaway System.

MARAD DONATION FOR COLD IRONING STUDY
The Maritime Administration will donate $150,000 in a partnership with the Port of New Bedford, MA to see if having ships use shore-generated electricity while in port cuts down on air pollution. The use of shore power, also called cold ironing, has been offered as a possible opportunity to reduce emissions from vessels. This new collaborative partnership sets out to examine more closely the efficiency of shore-based power. It focuses on port service or areas where shore power may realistically be used and on  alternative energy sources that would be better for the environment.

LABOR SUPPORTING BACKGROUND CHECK UPDATES
Labor, civil rights, and legal services groups are supporting a new bill introduced by Rep. Bobby Scott (D-VA) to update the background check system. The bill, called the Fairness and Accuracy in Employment Background Checks Act of 2008, would mandate reasonable procedures to ensure accuracy and completeness of federal criminal records. The flaws in the current system have resulted in unnecessary delays for members when seeking work.

In recent years, public and private employers have increasingly used background checks issued by the FBI to investigate potential and current employees. Background checks seek to promote public safety and national security by providing necessary information on persons seeking employment in a wide array of industries, from airport screeners and port workers and mariners, to those who work with vulnerable populations such as children and the elderly. But the system is in need of improvement since many of these background records are inaccurate or misleading and can result in labor shortages for critical industries.

Rep. Scott stated, Flawed background records are a problem for employers, for workers, and for the economy. The purpose of this legislation is to require the relevant government agencies to update old or incomplete arrest information and to afford individuals about whom an inquiry is made an opportunity to challenge the accuracy of the information collected on them.

REGULAR MONTHLY MEETINGS
Monday, October 6 - Boston, Jacksonville, Seattle;
Tuesday, October 7 - Baltimore, Houston, San Francisco;
Wednesday, October 8 - Calhoon School, Charleston, New Orleans, Portland;
Thursday, October 9 - L.A., New York, Norfolk, Tampa;
Friday, October 10 - Honolulu.

--------FINISHED WITH ENGINES---------