1.0 Coast Guard Authority and Jurisdiction

Ports and Waterway Safety Act (PWSA)

1. Authorizes the COTP to take action to prevent damage to, or destruction of, any bridge or structure on or in the navigable waters of the US. 2. COTP enforcement of the waterfront facilities regs, found in 33 CFR 126 and 160.109, is geographically limited to waterfront facilities 3. Actions include, but are not limited to: establishing loading procedures, measures, and standards for the handling, unloading, storage, stowage, and movement on the structures of explosives or other dangerous articles. 4. COTP orders may be issued to detain a container if it poses a threat to the environment, it does not need to contain hazmat. 5. Authorizes civil penalties up to 50K/violation, with each day of continuing violation constituting a separate violation.

International Safe Container Act (ISCA)

1. Congress passed the International Safe Container Act (ISCA) in 1977, prior to ratifying the International Convention for Safe Containers (CSC) in 1978. 3. ISCA directs the USCG to develop regulations to: a. establish procedures for the initial approval, testing, and inspection of new and existing containers and approve designs for new containers. b. establish procedures for affixing, invalidating, and removing safety approval plates for containers and b. establish procedures to be followed by container owners relating to the periodic examination. 4. Found in 49 CFR 450-453. Penalties?

Executive Order 10173

1. Issued pursuant to the Magnuson Act of 1950, expanded the role of the CG in safeguarding vessels, harbors, ports, and waterfront facilities during times of war or threat. 2. Codified in 33 CFR Part 6, is broad authority that may be used by the COTP to inspect all containers and vehicles on a facility during a Multi-Agency Strike Force Operation (MASFO), or during periods of heightened security. 3. Violations of EO10173 are criminal with up to 10 years in prison and up to a $10K fine.

MARPOL 73/78, ANNEX III Convention

1. The International Convention for the Prevention of Pollution from ships (MARPOL) is the main international convention to prevent pollution from ships due to operational or accidental causes. 2. Annex III entered into force in 1992. a. it applies to all ships carrying Marine Pollutants in packaged form and contains requirements on packing, marking, labeling, documentation, stowage, quantity limitations, exceptions and notifications for preventing pollution by harmful substances.

1.1 Federal Hazardous Materials Transportation Law [formerly HMTA (Hazardous Materials Transportation Act)]

1. the main statute regulating hazmat transportation in the US 2. The COTP has the authority and responsibility to enforce compliance whenever US/foreign vessels will, at any time during the transportation stream, transport haz mat to, from, or within the US. 3. Regulations are found in 49 CFR 171-180 4. Overall, the Pipeline Hazardous Materials Safety Administration coordinates the DOT hazmat program. a. Federal Motor Carrier Safety Administration: Vehicles b. Federal Railroad Administration: railroads c. Federal Aviation Administration: air 4. Civil penalty of a minimum of $463 (for training violations and not >$77,114K per violation unless it involves death, serious illness, or severe injury to any person or substantial destruction of property, then the maximum civil penalty is $179,933.

1.2 Define the container inspection and search jurisdictional limitations for conducting: Consensual search of general cargo containers

Any container may be inspected without a warrant, whether or not marked or manifested as containing hazardous material, if consent to search is granted by the container's owner or the agent of the container's owner. This exception applies anywhere within the COTP's zone of jurisdiction. Inspectors are cautioned that merely being the custodian of a container does not necessarily imply authority to provide consent. (COMDSTINST M16616.11C)

1.2 Define the container inspection and search jurisdictional limitations for conducting: Random inspection of general cargo containers

Compare the day's date (last digit of the day) to the check digit of the container ID numbers. For example, select containers having a check digit of 7 if the inspection date is June 7th, 17th, or 27th

1.2 Define the container inspection and search jurisdictional limitations for conducting: Search based on reasonable suspicion

If the inspector has an objectively reasonable and articulable belief that there are hazardous materials or contraband within the container, it may be inspected without a warrant. An "objectively reasonable and articulable belief" is something less than probable cause but something more than mere suspicion. The inspector must be able to specifically articulate what factor or factors led him or her to believe the package contained a hazardous material. (COMDSTINST M16616.11C)

1.2 Define the container inspection and search jurisdictional limitations for conducting: Declared Hazardous Materials/Dangerous Goods

Under this exception, if a container is declared as containing hazardous materials (placarded, listed on the dangerous cargo manifest (DCM), declared on shipping papers, etc.) it may be inspected without a warrant. This applies anywhere within the COTP's zone of jurisdiction as long as the container was, is being, or is intended to be transported by water mode. (COMDSTINST M16616.11C)

1.3 Define the consequences of an illegal search

Violation of the 4th amendment and generally the evidence gathered is inadmissible at trial (exclusionary rule)