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House Report 111-303 - Part 1 - COAST GUARD AUTHORIZATION ACT OF 2010

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SEC. 1116. SEAMEN'S SHORESIDE ACCESS.

Each facility security plan approved under section 70103(c) of title 46, United
States Code, shall provide a system for seamen assigned to a vessel at that facility,
pilots, and representatives of seamen's welfare and labor organizations to board
and depart the vessel through the facility in a timely manner at no cost to the
individual.

SEC. 1117. WATERSIDE SECURITY AROUND ESPECIALLY

HAZARDOUS MATERIAL TERMINALS AND TANKERS.

(a) Enforcement of Security Zones- Consistent with other provisions of Federal law,
any security zone established by the Coast Guard around a tanker containing an
especially hazardous material shall be enforced by the Coast Guard. If the Coast
Guard must enforce multiple simultaneous security zones, the Coast Guard shall
allocate resources so as to deter to the maximum extent practicable a
transportation security incident (as that term is defined in section 70101 of title 46,
United States Code).

(b) Limitation on Reliance on State and Local Government- Any security

arrangement approved as part of a facility security plan approved after the date of
enactment of this Act under section 70103 of title 46, United States Code, to assist
in the enforcement of any security zone established by the Coast Guard around a
tanker containing an especially hazardous material, or around an especially
hazardous material terminal on or adjacent to the navigable waters of the United
States and served by tankers carrying especially hazardous materials, may not be
based upon the provision of security by a State or local government unless the
State or local government has entered into a contract, cooperative agreement, or
other arrangement with the terminal operator to provide such services and the
Secretary of the department in which the Coast Guard is operating, acting through
the Commandant of the Coast Guard, ensures that the waterborne patrols operated
as part of that security arrangement by a State or local government have the
training, resources, personnel, equipment, and experience necessary to deter to

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the maximum extent practicable a transportation security incident (as that term is
defined in section 70101 of title 46, United States Code).

(c) Determination Required for New Terminals- The Secretary of the department in
which the Coast Guard is operating, acting through the Commandant of the Coast
Guard, may not approve a facility security plan under section 70103 of title 46,
United States Code, for a new especially hazardous material terminal the
construction of which is begun after the date of enactment of this Act unless the
Secretary determines that the Coast Guard sector in which the terminal is located
has available the resources, including State and local government resources in
accordance with subsection (b), to carry out the navigation and maritime security
risk management measures identified by the Coast Guard pursuant to the Ports
and Waterways Safety Act.

(d) Especially Hazardous Material Defined- The term `especially hazardous

material' means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural
gas, liquefied petroleum gas, and any other substance identified by the Secretary
of the department in which the Coast Guard is operating as an especially hazardous
material.

SEC. 1118. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

(a) Notice of Determination- Consistent with other provisions of law, the Secretary
of Homeland Security must notify the Federal Energy Regulatory Commission when
a determination is made that the waterway to a proposed waterside liquefied
natural gas facility is suitable or unsuitable for the marine traffic associated with
such facility.

(b) Federal Energy Regulatory Commission Response- The Federal Energy

Regulatory Commission shall respond to the Secretary's determination under
subsection (a) by informing the Secretary within 90 days of notification or at the
conclusion of any available appeal process, whichever is later, of what action the
Commission has taken, pursuant to its authorities under the Natural Gas Act,
regarding a proposal to construct and operate a waterside liquefied natural gas
facility subject to a determination made under subsection (a).

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