[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Notices]
[Pages 4573-4574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1908]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0384]


Maritime Security Directive 104-6 (Rev 6); Guidelines for U.S. 
Vessels Operating in High Risk Waters

AGENCY: Coast Guard, DHS.

ACTION: Notice of Availability.

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SUMMARY: The Coast Guard announces the release of Maritime Security 
(MARSEC) Directive 104-6 (Rev 6). This Directive only applies to U.S.-
flagged vessels subject to the Maritime Transportation Security Act 
(MTSA) on international voyages through or in designated high risk 
waters, and provides additional counter-piracy guidance and mandatory 
measures for these vessels operating in these areas where acts of 
piracy and armed robbery against ships are prevalent. MARSEC Directive 
104-6 (Rev 6) also includes an annex that provides specific direction 
for vessels operating around the Horn of Africa. Although MARSEC 
Directives are designated Sensitive Security Information (SSI) and are 
not subject to public release, a non-SSI version of this directive is 
available.

DATES: MARSEC Directive 104-6 (Rev 6) has been available since December 
30, 2011. MARSEC Directive 104-6 (Rev 5) is no longer valid after that 
date.

ADDRESSES: The latest MARSEC Directives are available at your local 
Captain of the Port (COTP) office. Phone numbers and addresses for your 
local COTP office can be found in the Port Directory at http://homeport.uscg.mil.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call LCDR James T. Fogle, Office of Vessel Activities, Coast Guard, 
telephone (202) 372-1038, email [email protected]. If you have 
questions on viewing material in the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    Somali pirates operate along a 2,300 mile coast and in 2.5 million 
square miles of ocean. The international community has engaged with 
local officials in a focused domestic and international anti-piracy 
effort to address the enforcement difficulties caused by the affected 
area's size and political complexity. Despite these efforts, piracy 
persists and the combination of piracy and weak rule of law in the 
region provides a potential breeding ground for additional 
transnational threats. Accordingly, the United States uses existing 
statutory authority to develop security standards designed to protect 
U.S.-flagged vessels and continues to work with international partners 
to prevent piracy.
    On February 10, 2006, the Coast Guard announced the release of 
MARSEC Directive 104-6 (71 FR 7054) for those owners and operators of 
vessels subject to 33 CFR parts 101 and 104. MARSEC Directive 104-6 
provides direction to U.S.-flagged vessels operating in high risk areas 
where acts of piracy and armed robbery against ships are prevalent.
    MARSEC Directive 104-6 has been revised five times. MARSEC 
Directive 104-6 (Rev 1) provided an updated list of high risk waters 
based on a biennial review of global piracy and terrorism threats.
    MARSEC Directive 104-6 (Rev 2) provided additional counter-piracy 
guidance to U.S.-flagged vessels operating in high risk waters where 
acts of piracy and armed robbery against ships are prevalent. It also 
provided a listing of additional high risk waters, updated from the 
previous version of the Directive.
    MARSEC Directive 104-6 (Rev 3) encouraged the use of industry best 
management practices that have proven to be successful in thwarting 
pirate attacks and incorporates lessons-learned since the issuance of 
Revision 2.
    MARSEC Directive 104-6 (Rev 4) provided clarification for U.S.-
flagged vessels berthed or anchored in high risk waters. Vessels at 
anchor should operate in a manner consistent with vessels that transit 
through high risk waters. Whether at anchor or underway, the vessels 
are subjected to the same type of threats from attacking pirates. 
Vessels berthed in high risk waters should implement enhanced security 
measures as required by the MARSEC Directive.
    MARSEC Directive 104-6 (Rev 5) addressed the expanding operating 
area of Somali pirates and provides U.S.-flagged vessels additional 
guidance for operations in the Indian Ocean.
    MARSEC Directive 104-6 (Rev 6), the Directive that is the subject 
of this notice of availability, provides a revised and updated list of 
designated high risk waters and areas. MARSEC Directive 104-6 (Rev 5) 
is no longer valid with the issuance of (Rev 6).
    We developed piracy-related Port Security Advisories (PSAs) to 
provide further guidance and direction to U.S.-flagged vessels 
operating in high risk waters to help facilitate compliance with MARSEC 
Directive 104-6 (series). The PSAs can be found at http://homeport.uscg.mil/piracy, including a non-SSI version of this MARSEC 
Directive in PSA (2-09) (Rev 3).

Procedural

    COTPs and District Commanders can access all MARSEC directives on 
Homeport by logging in and going to Missions > Maritime Security > 
Maritime Transportation Security Act (MTSA) > Policy. Owners and 
operators of U.S.-flagged vessels that travel on international voyages 
must contact their local COTP, cognizant District Commander or the 
Office of Vessel Activities to acquire a copy of MARSEC Directive 104-6 
(Rev 6). COTPs or cognizant District Commanders may provide this MARSEC 
Directive to appropriate vessel owners and operators via mail or fax in 
accordance with SSI handling procedures.
    Pursuant to 33 CFR 101.405, we consulted with the Department of 
State, Office of the Secretary of Defense, Joint Chiefs of Staff, 
Department of Transportation/Maritime Administration, Office of Naval 
Intelligence, Department of Commerce, Department of Justice, Military 
Sealift Command, Global Maritime Situational Awareness, Overseas 
Security Advisory Council, United States Agency for International 
Development, Naval Criminal Investigative Service, Customs and Border 
Protection, Transportation Security Administration, U.S. Africa 
Command, U.S. Central Command, and

[[Page 4574]]

U.S. Transportation Command prior to issuing these Directives.
    All MARSEC Directives issued pursuant to 33 CFR 101.405 are marked 
as SSI in accordance with 49 CFR Part 1520. COTPs and District 
Commanders will require individuals requesting a MARSEC Directive to 
prove that they meet the standards for a ``covered person'' under 49 
CFR 1520.7, have a ``need to know'' the information, as defined in 49 
CFR 1520.11, and that they will safeguard the SSI in MARSEC Directive 
104-6 (Rev 6) as required in 49 CFR 1520.9.

    Dated: January 20, 2012.
Paul F. Thomas, USCG,
Acting Director, Prevention Policy
[FR Doc. 2012-1908 Filed 1-27-12; 8:45 am]
BILLING CODE 9110-04-P