The Coast Guard Authorization Act Of 2010

The Coast Guard Authorization Act of 2010 (Public Law No. 111-281, October 15, 2010) (the "Authorization Act") was signed into law by President Obama on October 15, 2010. This legislation represents the first major piece of maritime legislation enacted by Congress in four years when both the Coast Guard and Maritime Transportation Act of 2006 and the Security and Accountability for Every Port Act of 2006 (commonly known as the SAFE Port Act) were enacted.

The Authorization Act includes measures to address Coast Guard Modernization and reform of the acquisition directorate of the Coast Guard, and ensure that maritime safety is put on an equal footing with other Coast Guard responsibilities. It also includes measures relating to oil pollution prevention, port security, implementation of the Convention on the Control of Harmful Anti-Fouling Systems on Ships (2001), and general maritime safety laws that have been under consideration since 2006. Specifically, the Authorization Act is divided into ten titles as follows:

Title I: Authorization Title II: Coast Guard Title III: Shipping and Navigation Title IV: Acquisition Reform Title V: Coast Guard Modernization Title VI: Marine Safety Title VII: Oil Pollution Prevention Title VIII: Port Security Title IX: Miscellaneous Provisions Title X: Clean Hulls Following is a section-by-section analysis of the Authorization Act primarily focusing on the various provisions of the new law that affect commercial interests. Owners and operators of vessels and facilities and other maritime interests, in particular, should review this advisory to determine possible effects on their activities. Other sections are noted by descriptive title only or omitted completely if not deemed relevant to commercial interests.

TITLE I: Appropriations and Authorized Levels of Military Strength and Training

Section 101: Authorization of Appropriations

Authorizes funds for the U.S. Coast Guard as follows:

$6,970,681,000 for the operation of the Coast Guard, of which $24.5M is derived from the Oil Spill Liability Trust Fund ("OSLTF") to carry out the implementation, administration, and enforcement of OPA 90. 1.64B for the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including related equipment, of which: $20M is derived from the OSLTF to carry out the implementation, administration, and enforcement of OPA 90. $1,233,502,000 is for the Integrated Deepwater System Program. $100M is for shore facilities and aids to navigation. $28.034M for research, development, test, and evaluation. $1,400,700,000 for retired pay. $16M for alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation. $13.329M for environmental compliance and restoration at Coast Guard facilities. $135.675M for the Coast Guard Reserve program. Section 102: Authorized Levels of Military Strength and Training

Active Duty Strength: The Coast Guard is authorized an end-of-year strength for active duty personnel of 47,000 for the fiscal year ending on September 30, 2011. Military Training Student Loads: For fiscal year 2011, the Coast Guard is authorized average military training student loads as follows: For recruiting and special training: 2,500 student years. For flight training: 165 student years. For professional training in military and civilian institutions: 350 student years. For officer acquisition: 1,200 student years. TITLE II: Coast Guard

Section 206: Grants to International Maritime Organizations

Authorizes the Commandant of the Coast Guard to make grants or enter into cooperative agreements or contracts with international maritime organizations for acquiring information about merchant vessel inspections, security, safety and environmental protection, classification, and port state or flag state law enforcement or oversight.

Section 208: Enforcement Authority

Enhances current law enforcement authority by authorizing Coast Guard members to carry a firearm and, while at a facility: (1) make an arrest without a warrant, and (2) as otherwise provided by law, seize property.

Section 210: Merchant Mariner Medical Advisory Committee

Establishes a 14-member Committee to advise the Secretary of Transportation on medical matters pertaining to: (1) medical certification determinations for issuance of licenses, certificates of registry, and merchant mariners' documents; (2) medical standards and guidelines for the physical qualifications of operators of commercial vessels; (3) medical examiner education; and (4) medical research.

Section 213: Coast Guard Vessels and Aircraft

Authorizes firing by Coast Guard personnel from any vessel or aircraft in government non-commercial service if the vessel or aircraft is under Coast Guard tactical control, and if at least one Coast Guard member is assigned and conducting a Coast Guard mission on the vessel or aircraft. Extends the current statutory indemnification for Coast Guard personnel engaged in this activity from any penalties or actions for damages for firing at or into a vessel or aircraft that fails to stop on being ordered to do so.

Section 216: Enforcement of Coastwise Trade Laws

Authorizes the Coast Guard to enforce the coastwise trade laws and requires a program to be established for officers and members to enforce these laws. It also directs the Secretary of Transportation to report to Congress in one year on enforcement strategies and actions taken to enforce the coastwise trade laws. Section 219: Supplemental Positioning System

Requires the completion of the study and report to Congress of whether a single, domestic system is needed as a back-up navigation system to the Global Positioning System.

Section 220: Assistance to Foreign Governments and Maritime Authorities

Authorizes the Coast Guard to use funds in specified areas to assist foreign governments or maritime authorities, subject to approval by the Secretary of State.

TITLE III: Shipping and Navigation

Section 301: Seaward Extension of Anchorage Grounds Jurisdiction

Increases the civil penalty for an owner of a vessel that violates regulations establishing anchorage grounds for safe navigation in U.S. waters and extends the Coast Guard's authority to establish anchorage grounds from three to 12 nautical miles.

Section 302: Maritime Drug Law Enforcement Act Penalty

Establishes a new civil penalty for the simple possession of a controlled substance.

Section 303: Technical Amendments to Tonnage Measurement Law

Makes various technical amendments to the tonnage measurement laws.

Section 304: Merchant Mariner Document ("MMD") Standards

Requires a plan to be submitted to Congress within 270 days of enactment for how an MMD application can be completed by mail and an assessment of the feasibility for integrating redesign of an MMD to include biometrics, and whether a single document can be designed for all purposes.

Section 305: Ship Emission Reduction Technology Demonstration Project

Requires the Coast Guard and EPA to conduct a study and submit a report to Congress on new technologies for reduction of air emission for vessels in U.S. waters within 180 days of enactment.

Section 306: Phase-out of Vessels Supporting Oil and Gas Development

Authorizes the use of foreign-flag vessels for anchor handling operations involving a mobile offshore drilling unit related to OCS operations off Alaska under certain circumstances and for a limited period of time.

Section 307: Arctic Marine Shipping Assessment Implementation

Requires steps to ensure safe and secure maritime shipping in the Arctic, including the availability of aids to navigation, vessel escorts, spill response capability, maritime domain awareness, including long-range vessel tracking, and maritime search and rescue in the Arctic through the...