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City Priorities & Issues, W D.CMEMORANDUM January 13,2003 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:City Priorities and Issues: Washington, D.C. In anticipation of participating in the Dubuque Area Chamber of Commerce February trip to Washington, D.C., and in furtherance of the City Council priority to work closely with the Federal government, Economic Development Director Bill Baum is recommending City Council approval of the City of Dubuque Priorities and Requests for Federal Appropriations. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Bill Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM January 10,2003 TO:Michael Van Milligen, City Manager FROM:Bill Baum, Economic Development Director SUBJECT:City Priorities and Issues: Washington, D.C. INTRODUCTION AND DISCUSSION On February 12, 13, and 14 the Mayor and majority of the City Council will be in Washington D.C., participating in the annual information sharing discussion with the Iowa Congressional Delegation. In preparation for the meeting Congressional staff are requesting information on the priorities or issues of the City. In reviewing the City Council goals for 2003, as well as the information provided to the staff in the past, I have developed the attached report entitled "City of Dubuque Priorities and Requests for Federal Appropriations." RECOMMENDATION I recommend the City Council approval of the "City of Dubuque Priorities and Requests for Federal Appropriations." F:\USERS\WBaum\Federal Initiatives\Memo to Mike 2003 priorities.doc February 2003 City of Dubuque Priorities and Requests for Federal Appropriations 1. DUBUQUE'S STORMWATER MANAGEMENT PLAN Bee Branch Watershed Flood Mitigation Project Purpose: To limit flooding in Iow/moderate income neighborhoods. In 1999, an unusually intense spring storm deluged Dubuque with rainfall. The storm produced in excess of four feet of stormwater in city streets and five feet of stormwater in basements, and resulted in a Presidential Disaster Declaration for Dubuque County. Flood damage devastated hundreds of homes in the City of Dubuque. At the time of the flood, the City was in the process of adopting a Stormwater Management Plan. On July 23, 2001, HDR Engineering, of Omaha, Neb., the consulting firm hired by the City to produce the Stormwater Management Plan, presented its findings to City Council. The solution proposed by the consultants includes the construction of the Bee Branch Watershed Flood Mitigation project: The 4200-foot proposed open waterway would extend from 16th Street and Sycamore, to 24th and Elm Streets at an estimated cost of $17.1 Million. Of this total, approximately 2000 feet of the open waterway would extend through a Iow/moderate income target neighborhood at an estimated cost of $10.2 Million. The City Council has not yet made a final decision on what elements will be in the final plan. The City has requested an earmark through the State and Tribal Grant program "STAG ." The City is studying the concept of a storm water utility. The City's consultants have indicated a potential of Corps of Engineers grant program that might be available to assist in this project. The City is looking at any possible EPA source of funding from Washington, D.C. to assist us in this project. 2. TRANSPORTATION IA 32 - (Southwest Arterial): The Dubuque City Council, the Dubuque County Board of Supervisors, and Dubuque Metropolitan Planning Organization (DMATS) have identified the completion of the IA 32 (Southwest Arterial) as the No. 1 surface transportation pdority in the Dubuque area. The IA 32 connects the new Dubuque Technology Park on U.S. 61/151 with the new Dubuque Industrial Center West, and the existing Dubuque Industrial Center near U.S. 20. The highway then extends north to John Deers Dubuque Works. In October 2001, McGraw Hill Publishing Company made a decision to locate a new 330,000-squats-foot distribution center in the Dubuque Industrial Center West. Assurances that US 32 was under study and construction was in the Iowa Department of Transportation five-year plan weighed heavily in that decision. Other companies asking for a connection between U.S. 20 and U.S. 61/151 include John Deers, Nordstrom Distribution Center, A.Y. McDonald, Swiss Valley Farms, Flexsteel, and Dubuque Stamping and Manufacturing. Total Project Cost: Current estimate: $52,000,000 - $71,000,000. City and County have agreed to cost share in the Environmental Assessment Phase, and have contracted for $594,000 to complete the EA. The State of Iowa has committed $21 million for the project in the Iowa Department of Transportation's five-year plan. The Metropolitan Planning Organization, DMATS, has committed $7 million in Surface Transportation Program funds for the facility. The funding "gap" in the project is $24 Million on the Iow side to $43 Million-on the high end. The City is requesting this project be identified and earmarked in the next federal transportation bill. Current Status: Work continues on the Environmental Assessment. The consultants have identified 14 sites requiring intensive level amheological study, and each study is estimated to cost $300,000. Therefore, $4.2 million of additional work could be completed in FY03/04, according to City consultants and IDOT. City has requested an earmark, and on July 25, the City was informed of Senate committee approval of $3,000,000 to assist in accomplishing this work. 2 Capacity Improvements to U.S.20/Julien Dubuque Bridge The U.S. 20/Julien Dubuque Bridge spans the Mississippi River and provides one eastbound and one westbound lane of traffic. On either side of the river, the highway immediately expands to four or more lanes. The result is a bottleneck in traffic on both sides of the bridge. This link is important for an east-west connection between Dubuque and other communities. To the west: Galena, 1114 Rockford, 1114 and Chicago. To the east: Waterloo, Iowa and the 1-35 interchange. This project is a very high priority with the City Council and the Metropolitan Planning Organization, DMATS. The City of Dubuque appreciates the $28 million commitment to the bridge secured by Dubuque's Congressional delegation. Current Status: The location study and environmental documentation are complete. IDOT has selected the firm of Parsons of Chicago, Illinois, in conjunction with WHKS of Dubuque, to perform the preliminary and final design of the bridge, bridge approaches, and roadway improvements. The City had hoped to see completion of Phase I construction plans for the new approaches in June, 2003. Phase I construction on the bridge approaches and roadway improvements on both sides of the River was scheduled for the latter part of Calendar Year 2003 and Calendar Year 2004 with the current money available. New cost estimates raising the total bridge project cost from $96 Million to $165 Million has derailed these plans. The design and land acquisition will be completed with existing funds, however no funding is currently available for construction of the project. Additionally, the City has been informed of City responsibility to pay the cost of relocation of utilities, estimated to be approximately $3,000,000. Latest estimates to complete the project are $130 Million. Therefore, the City is requesting 80% - 90% funding for construction, and utility relocation in the amount of $104 - $117 Million in the next federal transportation bill. If legislation needs to be amended to recognize utility relocation as an eligible expense, we request that change in the law. Dubuque Regional Airport The Airport Commission is nearing completion of an airport terminal study. The study identifies the need for a new terminal approximately 3 times the size of the existing facility. Estimated cost is $25 million. After the study is finalized and approved, the City will be requesting federal assistance for construction of the new terminal. 3 3. AMERICA'S RIVER AT THE PORT OF DUBUQUE Property Acquisition/Environmental Assessment in Port of Dubuque. The City has, in the past year, invested in the purchase these properties in the Port of Dubuque: Peavey (ConAgra) property: 5 acres Dubuque Hardwoods property: 5 acres Mississippi Valley Trucking: 1.4 acres Klauer Manufacturing: .529 acres Current status: The Economic Development Administration (EDA) recently announced award of a $2,000,000 grant for the acquisition of the Adams Company property. In October, The Environmental Protection Agency (EPA) announced the award of a $200,000 grant to the City for Phase I and Phase II Environmental Assessments in the Port of Dubuque. Consultant selection has been completed. In August, the City was informed that a Senate committee had approved an earmark of $400,000 to assist in property acquisition and/or cleanup activities. These funds are yet to be appropriated. City is now seeking funds to assist in the mitigation of environmental issues on the properties acquired by the City. Specifically, EPA's new grant program for cleanup and HUD's Brownfield Economic Development Initiative are two potential funding sources. Dubuque Star Brewery Located on the Mississippi River and a prominent landmark in the Port of Dubuque campus, this City-owned inactive brewery is a unique historical structure. Eligible for National Register designation, the brewery requires stabilization and is proposed to be redeveloped into a mixed-use project. The estimated cost of renovation is $6,000,000. City has requested $1,500,000 through Save America's Treasures, but the request has not been funded. The City has issued an RFQ/RFP to potential developers, one response has been received, and the City is negotiating with the potential developer, 4 Shot Tower Located on East Fourth Street in the Port of Dubuque, the City-owned Shot Tower is a unique National Register structure used in the early munitions industry to produce lead shot during the Civil War. The Shot Tower needs to be renovated, landscaped, and improved to make it a strong part of the Amedca's River project. The City has submitted an application to the Department of Interior for the Save America's Treasures grant program, but the application has been denied. The City anticipates applying again for $250,000 in matching funds for Phase I of the renovation. Passenqer Boardinq Facilities in Port of Dubuque; City Garage Maintenance Facility. The City has requested an earmark of $880,000 through Federal Transit Authority. Purpose: design and construction of passenger boarding facilities within the Port of Dubuque in conjunction with the America's River Project, and new City garage on City property north of Kerper Court. 4. Neighborhood Strategy Lead Paint Poisoning Prevention Program Purpose: To reduce the incidence of childhood lead poisoning through "lead- safe" rehabilitation of older residential buildings Problem statement: Dubuque's residential housing stock is the oldest in the State; Iowa's is the sixth oldest in the nation. 41% of Dubuque's housing was built pre-1940; approximately 90% was constructed before 1978, the year lead paint was banned for residential uses. More than half of the city's housing units are assumed to have an incidence of lead-based paint. Our incidence of childhood lead poisoning - for children from birth to age six - Is twice the national average. Background: Dubuque received a $3.69 million HUD Lead Hazard Prevention grant in 1997. We will have made heady 500 residential units lead-safe by the scheduled termination of this contract, in March 2003. 5 In addition, we have trained and certified more than 200 local contractors, workers and landlords in safe lead paint removal practices. We are the only Iowa Department of Public Health-certified state-wide provider of these training services. We have held these training classes around the State for contractors, risk assessors and municipal health officials, since 1998, certifying 200 additional personnel. We have made application for renewal of these HUD funds, from the Office of Lead Hazard Control, for the past three years. These applications have been denied. At this time, we will be without HUD funding by the end of this fiscal year. Solution: We need to continue our lead paint hazard reduction activities, in the interest of the public health and welfare. Specifically, this program, as we have developed it over the past five years, must: 1. Provide subsidized loans or grants to Dubuque home and apartment owners for the high costs of lead paint removal 2. Continue our program of testing in older housing stock, using specialized technology to identify the presence of lead-based paint 3. Continue our programs of public education, alerting the public to the dangers of this invisible health hazard 4. Continue our training certification programs for area contractors and apartment owners, in safe work and hazard reduction practices 5. Continue our training programs for lead paint contractors and health officials throughout the State. As the only certified training provider, all other Iowa cities are dependent on us to do this, in order to remain in compliance with HUD regulations requiring certification. 6. Continue to respond with medical and environmental investigations, in cases of childhood lead paint poisoning Cost: With existing staff capacity, we can generate 75-80 units annually, At $7000/unit subsidy, this cost is approximately $540,000. Staff and program costs are an additional $225,000 annually. To continue our existing programs and provide all the services listed above, both locally and throughout Iowa, this program cost is approximately $750,000 per year, and the City will be resubmitting an application to HUD early in 2003. 6 5. Dubuque Post Office Renovations The City is very concerned about the ongoing deterioration of the Federal Building downtown currently housing the Post Office. Our understanding is that the Social Security Administration will soon be moving out of the facility, leaving only the Post Office operation in this magnificent building, and that the building would soon be for sale. The City requests the Congressional delegation work with GSA to fund renovations to this building, and encourage federal agencies to lease space in this downtown facility. 6. Cable TV Rate Regulation The City of Dubuque recently received a letter from our cable TV franchise operator announcing the addition of three program services to the basic cable service package (which they now call "Family Cable") in Dubuque, and a plan to implement an increase in the rate they charge for that service, effective February 1,2003. Pdor to February 1, rate for "Family Cable" was $36.95/mo., plus taxes and federal fees. The new rate will be $41.95/mo., plus taxes and fees. Senior Citizens will receive a $4.20 (10%) discount. This new rate represents a '13.5% increase in one year, and a 90.7% increase since the City's limited rate regulation authority was lost in July, 1996. Inflation for that same 6.5 year period has been about 15%. The $5.00 increase will be the largest single increase in the basic rate in Dubuque's 49-year cable history. The current provider and its predecessors raised basic cable service rates on the first of February in 2001, 2002, and 2003, and on the first of January in 1997, 1998, 1999, and 2000. Many major cable operators are implementing their annual increases across the country. However, the amount of this increase, particularly as compared to inflation, is once again very disturbing and cleady reflects the combined effects of a vertically- integrated industry which is subject neither to regulation nor to effective market competition. Dubuque's need for an entry-level "broadcast basic" package, which includes area broadcast stations and PEG access channels, will be a key topic in franchise renewal negotiations, but local rate controls, per se, cannot be restored via the franchise renewal process. The solution is federal legislation. Deregulation of this industry was passed to create competition and lower prices. Just the opposite has occurred in Dubuque: a monopoly is contrelling higher prices. The 1996 law limiting the City's ability to regulate rates should be repealed. 7 7. Homeland Security Regional Emergency Responder Training Facility PROJECT SUMMARY The Dubuque Fire Department is part of the group developing the training facility as a joint venture with all emergency response agencies in Dubuque County. OUR VISION: To develop an emergency responder training facility including training tower, an indoor/outdoor evolution lab and classroom to enable firefighters, law enforcement officers, EMS personnel, and safety workers in local manufacturing/commercial industry to safely train in real-life emergency situations. Firefighters, law enforcement officers, and EMS workers will now be able to participate in joint training exercises, enabling: -Preparation for multiple disaster scenarios -The sharing of ideas and training techniques -Introduction to and training with new and more efficient equipment -Team building between departments and communities FUNDING CHALLENGES: Private/public partnerships have been established to assist with funding this project. However, additional funding assistance is necessary. Since much of the training will be related to homeland security disasters, we are hopeful that some funding may be possible from the federal government. The total cost of the facility is $2,600,000. Proposed Requirements For Security Measures for Ports, Vessels, and Facilities. (See attached memo from Cindy Steinhauser, Assistant City Manager) 8 MEMORANDUM January 14,2003 TO: Michael C. Van Milligen, City Manager FROM: Cindy Steinhauser, Assistant City Manager SUBJECT: Federal Register Maritime Security Notice Discussion Attached is a summary of a notice published in the Federal Register on Monday, December 30, 2002. The content of this Notice relates to Maritime Security and its impact locally could be quite significant. In summary the notice is being proposed by the United States Coast Guard in response to terrorist acts of September 11, 2001. The Coast Guard's comments indicate the need for specific threat identification, analysis of threats, and methods for developing performance standards to plan for response to maritime threats. The most significant piece of this notice as it relates to Dubuque, is that the notice extends beyond maritime vessel owners and operators and will be extended to include commercials vessels and facilities as well as to such entities as facilities that 1 ) transfer, store or otherwise handle dry bulk or general cargo; 2) recreational vessels and 3) waterfront areas that are densely populated or host large public events. This includes all of the major facilities at the Port of Dubuque (National Mississippi Museum and Aquarium, Diamond Jo Casino, Spirit of Dubuque, Grand Harbor Resort, The Grand River Center, Dubuque Star Brewery, Peavey Grain, Newt Marine, Dodds Terminal) as well as the Port itself. This may also includes facilities at Schmitt and Dove Harbor and Riprow Valley. Kevin Stier from the Diamond Jo has participated in early discussions related to this proposal and has raised concerns about cost and operational challenges that will face impacted facilities. There is no information on whether there will be funds available to assist in these costs. Recommendation I would suggest that a copy of this Federal Register be distributed to the property owners at the Port of Dubuque, Greater Dubuque Development Corporation, Dubuque Area Chamber of Commerce as well as city departments including Economic Development, Police, Fire and Water. We may also want to consider this in our discussion with federal legislators in Washington to make sure that Homeland Security Funds are appropriated for implementation of security measures. Cc: Pauline Joyce, Administrative Services Manager Barry Lindahl, Corporation Counsel Monday, December 30, 2002 Part Ill Department of Transportation Coast Guard Maritime Security; Notice 79742 Federal Register/VoL 67, No. 250/Monday, December 30, 2002/Notices DEPARTMENT OF TRANSPORTATION Coast Guard [USCG-2062-14D69] Maritime Security AGENCY: Coast Guard, DOT. ACTION: Notice of meetings; request for ADDRESSES: The meetings will be held at the following locations: · New Orleans, LA--Hilton Riverside, 2 Poydras St., New Orleans, LA 70140. · Cleveland, OH--Sheraton Cleveland City Centre Hotel, Dorothy Fu]dhalm Room, 777 St. Clair Ave., Cleveland, OH 44144. · St. Louis, MO--Robert A. Young Federal Building CR.A.Y. Building), SUMMARY: The Coast Guard is holding 1222 Spruce St., St. Louis, MO 63017. seven public meetings to discuss · Seattle, WA--Boeing Field, 7755 requirements for securiW assess~mant~. East Marginal Way South, Building 2- ~lans, and specific security measures for 22, Auditorium, Seattle, WA 98108. errs vessels and facil~ Discussions wi--~ald the Coast Guard in determining of Los Angeles, 425 S. Palos Verdes St., the Lvpes of vessels and facilities that pose a risk of being involved in a transportation security incident, and in identifying security measures and standards to deter such incidents. Discussions will also focus on aligning domestic maritime security requirements with the International Ship and Port Facility Security [ISPS) Code and recent amendments to the International Convention for the Safety of Life at Sea [SOLAS), to comply with section 102 [Port security) of the recently enacted Maritime Transportation Security Act of 2002 (MTSA). We encourage interested individuals and organizations to attend the meetings and submit comments for discussion during the meetings. We also seek comments from anyone unable to attend the meetings. DATES: The public meetIngs will be held on the following dates and at the following locations. · January 27, 2903, 9 a.m. to 5 p.m., New Orleans, LA. · January 30, 2003, 2 p.m. to 7 p.m., Cleveland, OH. · January 31, 2003, 12 (noonl to 6 p,m., St. Louis, MO. · February 3, 2003, 9 a,m. te 5 p.m., Seattle, WA. · February 5, 2003, 9 a.m. to 5 p.m., Los Angeles-Long Beach, CA. · February 7, 2003, 9 a.m. to 5 p.m., Jacksonville, FL. · February 11, 2003, § a.m. to 5 p.m., New York City, NY. Comments and related material intended for inclusion in the public docket [USCC~-2002-14069) must reach the Docket Management Facility on or before Februm"y 28, 2003. Comments and related material containing protected information, such as proprietary or security information, intended for inclusion in the Coast Guard's internal docket for protected information al~o must reach the Coast Guard's Office of Regulations and Administrative Law (C-LRA) on or before February 28, 2003. · Los Angeles-Long Beech, CA--Port San Pedro, CA 90731. · Jacksonville, FL--Florida Department of Law Enforcement (FDLE), 921 N. Davis St., Building E. Jacksonville, FL 32209. · New York City, NY~ustams House Auditorium, Alexander Hamilton U.S. Customs House, 1 Bowling Green, New York, NY 10004. You may submit your public comments directly to the Docket Management Facility. Please see the Request for Comments section below for more information regardIng submitting comments that contaIn protected information. To make sure that public comments and related material do not enter the docket (USCC~-2002- 14069) more than once, please submit them by orfly one ofthe following means: (1) Electronically through the Web Site for the Docket Management System at htip://dms.dot.$ov/. (2) By fax to the Docket Management Facility at 202-493-2251. [3) By delivery to room PL-401 on the Plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366- 9329. [4) By mail to the Docket Management Facility, (USCCr-2002-14069), U.S. Depariment of Transportation, room PL- 401,400 Seventh Street, SW., Washington, DC 20590-0001, The Docket Management Facility maintains the public docket for this notice. Comments and material received from the public, as well as documents mentioned in this notice as being available in the public docket, will become part of this public docket and will be available for inspection or copying at room PL-40I on the Plaza ]eve] of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this notice In the public docket on the Internet at http:// dins.dot.soy~. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or si~ning the comment, if submitted on behalf of an association, business, labor uninn, etc.), You may review the Department of Transportation's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 Fl% 19477-78), or you may visit ht~p:// dine. dot.gev~. Comments containing protected information, as explained in the Request for Comments section below, must be submit[ed in ~riting and must be mailed or hand-delivered to Commandant (C-LRA)/Room 3406, U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washinglon, DC 20593. FOR FURTHER INFORMATION CONTACT: For information concerning this notice or the public meetings, write or call Mr. Mar~in Jackson of the Office' of Standards Evaluation and Development (C-MSR), U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 20593, mfackson@comdt.usc&miI, or at 202- For questions regarding submissions of protected information, contact Ms. Kathryn Sirmiger of the Office of Regulations and Administrative Law (G-Lika), U.S. Coast Guard Headquarters, 2100 Second Street, SW. Washington, DC 20593, or at 202-267- 1534. For questions on viewing er submitting material to the public docket, call Ma. Dorothy Beard, Chief of Dockets, Department of Transportation, at 202-366-5149. SUPPLEMENTARY INFORMATION: Request for Connuents We encourage you to parficipate in these meetings by submitting comments and related material. If you do so, please include ymtr name and address, identify the docket number [USCG-2002-14069) and give the reason for each comment, If you wish to submit any protected information in your comments, you must submit your comment by mail or hand delivery to the Office of Regulations and Administrative Law {G-LRA) at the address under ADDRESSES. Protected information includes confidential or privileged business or commercial information that is not normally released to the public. It also includes secarily information that, if released, would be detrimental to the safety of persons in transportation. Federal l~egister/VoL 67, No. 250/Monday, December 30, 200g/Notices 79743 Examples of the latter include vulnerability assessments (or portions thereof), specific security actions to be taken by your company or vessel, and draft plans that would comply with the International Ship and Per; Facility Security (ISPS) Code or any of the Navigation and Vessel Inspection Circulars [NVICs) referenced in this notice. Please be sure to indicate whether the entire submission constitutes protected information, or if it is only portions of the submission that need to be protected. If the latter, please identify those portions which constitute protected information clearly within your submission. If you are submitting confidential or privileged business information, please explain, within your submission, how this information is normally treated within your company or orgai~ization. You may submit your public comments and material electronically, by fax, by delivery, or by mail to the Docket Management Facility at the address under ADDRESSES; but please submit your public comments and Atiendees will be responsible for making their own arrangements for lunch at the m~d-day break, scheduled for I p.m, each day. The meetings will reconvene at 2 p.m. and are scheduled meetings early if we have covered all of the agenda topics and if the people attending have no further comments. comments made orally at the public meetings will become part of the public docket, hi addition to these public meetings, the Coast Guard will request its Federal Advisory Committees, as appropriate, to include maritime security issues and the content of this provide farther oppor~anities for Information on Services for Individuals With Disabilities To obtain information on facilities or services for individuals with disabilities or to ask that we provide special assistance at the meetings, please notify material by only one means, If you Mr. Mar[in Jackson at the address or submit them by mail or delivery, submit phone number under FOR FURTHER them in an unbound format, no larger INFORmATIOR CONTACt. than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would llke to know that they reached the Facility. please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. Public Meetings The Coast Guard encourages the following individuals and organization representatives to attend the public meetings: · Owners and operators of vessels, facilities, and other structures located on or adjacent to U.S. navigable waters; · Federal, State, and local agencies in law enforcement and emergency planning; · Port authorities; · State and local government organizations; · Shipping agents; Insurance companies; ~ Protection and Indemnity Clubs; · Classification societies; · Marithne industry associations; and · Other interested persor~s. Meeting attendees will have the opportunity to erally comment on topics scheduled for discussion on the agenda. Appendix A provides the intended format of the meetings. We may ask questions to clarify comments given by an atrendea. Unless otherwise noted, the meetings will be held each day from § a.m. to 5 p.m. on the dates and locations Background and Purpose In the aftermath of September 11, 2001, the Commandant of the Coast Guard re~rrand the Coast Guard's Maritime Homeland Security mission and its lead role, in coordination with the Department of Defense; Federal, State, and local agencies; owners and operators of vessels and maritime facilities; and others with interests in our nation's marine transportation system, to detect, deter, disrupt, and respond to attacks against U.S. territory, population, vessels, facilities, and critical maritime infrastructure by terrorist organizations. In November 2001, the Commandant of the Coast Guard addressed the International Maritime Organization (rMo] General Assembly, urging that body to consider an international scheme for port and shippIng security. Recommendations and proposals for comprehensive security requirements, includIng amendments to SOLAS and the new ISPS Code, were developed at a series of intersessional maritime security work group meetings held at the direction of the lMO's Maritime Safety Committee. The Coast Guard submitted comprehensive security proposals to the intersessional maritime security work group meetings based on work it had been coordinating since October 2001. Prior to each intersessional meeting, the Coast Guard held public meetings as well as coordinated several industry meetings with representatives from major U.S, and foreign associations for shipping, labor, and ports. Maritime security was also a major agenda item at Federal Advisory Committee meetings held by the Coast Guard during the past year. Additional meetings were also held with Federal agencies having complementary secarity responsibilities. In January 2002, the Coast Guard held a lwo-day public workshop In Washington, DC, attended by more than 300 individuals, including members of the public and private sectors, and representatives of the national and international marine Industry (66 FR 65020, December 17, 2001; docket number USCC-2001-11138). Their comments indicated the need for specific threat identification, analysis of threats, and methods for developing performance standards to plan for response to maritime threats. Additionally, the public comments stressed the importance of uniformity in the application and enforcement of requirements and the need to establish threat levels with a means to communicate threats to the marine transportation system. The Coast Guard considered and advanced U.S. proposals for maritime security that took into account this public and agency input. We consider the International Convention for the Safety of Life at Sea (SOLAS) amendments and the ISPS Code, as adopted by the International Me,time Organization tIMe) Diplomatic Conference in December 2002, to reflect current Industry, public, and agency concerns. The entry into force date of both the ISPS Code and related SOLAS amendments is July 1, 2004, with the exception of the Automatic Identification System (ALS) whose implementation was accelerated to no later than December 31, 2004, depending on the particular class of SOLAS vessel. DomesticaJly, the Coast Guard had previously developed regulations for security that are contained In 33 CFR parts 120 and 128. Complementary guidance can be found In Navigation and Vessel Inspection Circular [NVIC) 3-96, Change 2, Security for Passenger Vessels and Passenger Terminals. Prior to development of additional regulations, the Coast Guard, with input from the public, needed to assess the current state of port and vessel security and their vulnerabilities. As mentioned previously, to accomplish this, the Coast Guard conducted a public workshop January 26-30, 2002, to assess existing Maritime Transportation System 79744 Federal Register/Vol. 67, No. 250 / Monday, December 30, 2002 / Notices security standards and measures and to gather ideas on possible improvements. Based on the comments received at the workshop, the Coast Guard cancelled NVIC 3-96 (Security for Passenger Vessels and Passenger Terminals) and issued a new NVIC 4-02 (Secu~rity for Passenger Vessels and Passenger Terminals) that incorporated guidelines consistent with international initiatives (the ISPS Code and SOLAS amendments). Additional NV]Cs were also published, including lXrVIC 9-02 (Guidelines for Port Security Commitlees, and Port Security Plans Required for U.S. Ports), NVIC 10-02 (Security Guidelines for Vessels); and N-VIC 11-02 (Security Guidelines for Facilities [not yet available)). The documents are or will be available in the public docket [USCC-2002-14069) for review at the locations under ADDRESSES. On November 25, 2002, Pres[dent George W. Bush signed into effect Public Law 107-295, the Maritime Transportation Security Act of 2002 (MTSA], which had been proposed to Congress the year before as the Port and Maritime Security Act (S. 1214). The MTSA requires the Secretary to issue an interim final rule, as soon as practicable, as a temporary regulation to implement the Port Security section of the Act. The MTSA expressly waives the requirements of the Administrative Procedure Act, including notice and comment, for this purpose. Nevertheless, the Coast Guard believes it is important to get the preliminary views of the public, especially affected maritime interests, prior to issuing the interim final mlle. The temporary interim rule may be superseded by a final rule within one year of the enactment of the MTSA. The requirements of MTSA section 102 directly align with the security requirements embodied in the SOLAS amendments and ISPS Code; however, the MTSA has broader application that includes domestic vessels and facilities. Thus, the Coast Guard intends to implement the MTSA through the requirements in the SOLiS amendments and the ISPS Code parts A and B for all vessels and facilities that are currently required to meet SOLAS, as well as those vessels exclusively on domestic trade and facilities that are at risk of being involved in a transportation security incident. The Coast Guard considers that the implementation of these requirements is best done through mandating compliance with the SOLAS amendments and the ISPS Code including part A and part B (see Appendix B). The Coast Guard considers part B an essential element in ensure full and effective compliance with the intent of the MTSA. Foreign flag vessels entering the U.S. would be expected to verify compliance with part B or provide proof that any alternatives are equivalent to that part. Verification of compliance could be established by flag administration documents or endorsements that indicate that the Ship Security Certificate was issued based upon full compliance with part B. Because of the broad application in the MTSA, the discussions in this notice use the term "vessels" rather than the term "ships" as found in the SOLAS amendments and the ISPS Code. These terms can be used interchangeably but serve to emphasize the Coast Guard's intention to apply security measures to those vessels we have determined are at risk of being involved in a transportation security incident. In addition, under MTSA, the terms "A~ea Maritime Transportation Security Plan" means a Port Security Plan developed in accordance with NVIC 9- 02; "Area Security Advisory CommiRee' means the Port Security Committee; and "Federal Maritime Security Coordinator" means the cognizant Captain of the Port. The Coast Guard intends to align any future rulemaking with the MTSA terminology. The Coast Guard plans to publish a temporary interim rule no later than June 2003 and a final rule by November 2003. These dates are critical in order to uniformly implement the ISPS Code and SOLAS amendments, as we]] as meet the urgency set by the mandates in the MTSA. As such, the Coast Guard is announcing seven public meetings and requesting comments that will aid them in drafting the mandated interim rule and final rule. Wha! Will Be Discussed at the Public Meetings? Attendees should be prepared to discuss the implementation of SOLAS amendments and ISPS Code, including application to vessels engaged in domestic voyages in accordance with the MTSA, as well as domestic implications of implementing the recommended security measures described in recently published guidance (NVICs). How Should I Prepare for the Public Meetinz? Attendees should review the SOLAS amendments and ISPS Code, published N¥ICs, existing regulations in 33 CFR parts 120 and 128, section 102 of the MTSA, preliminary cost analysis, and associated supporting documents to evaluate the feasibility of recommended or required security measures. The ISPS Code and SOLAS amendments, and the preliminary costs analysis are included in this notice as Appendix B and Appendix C, respectively. The NViCs, MTSA, related pubhc comments, and associated supporting documents are available for review in the public docket (USCG- 2002-14069) at the locations under ADDRESSES. After evaluating these documents, the public shquld then prepare statements to be presented at the meetings or submit to the public docket (USCC- 2002-14069) expressing any concerns and suggesting ways to implement the required measures. Attendees also should propose possible equivalencies to the SOLAS amendments and ISPS Code, and the MTSA requirements. Who Should Attend the Public Meetings? Port Stakeholders. While the Coast Guard will be primarily responsible for ensuring the new SOLAS amendments and ISPS Code, and section 102 of the MTSA for U.S. ports are implemented tkrough the development of Port Security Plans and establishment of Port Security Committees, we will need the cooperation of other Federal agencies, port authorities, State and loca~l governments, local em r~ responaers, maritime industry assoc~auons, tacility and vessel owners a~d operators aha other port community staJceholaers such as the owners of other structares located on or adjacent to U.S, navigable waters. .... Because Port Security Plans are overarching and address many areas of the marltime community, the plans will apply to commercial vessels and~ facilities, as well as to such entities a~-- % Recreational vessels and_ uninfected p~ssengers vessels. ~ Nautical school vessels and sailing school vessels. · Small passenger vessels on domestic voyages. · uninspected fishing vessels. · Oil spill response vessels. · Military installations and vessels. · Facilities that transfer, store, ar otherw~ise handle dry bulk or general ca__r~.~_. · Ship repair facilities. · Waterfront areas that are d~nselv populated or Host large public events, ' '- Gd~er areas wimin me port that critical to port operations or public safety. Vessel Owners, Operators, and Charterers. RBquirements are being Federal Register/Vol. 67, No. 250/Monday, December 30, 2002/Notices 79745 considered for operators of certain vessels to develop Vessel Security Assessments and Plans, designate Company and Vessel Security Officers, and implement security measures (see Appendix A). The Coast Guard considers these security measures to be integral for vessel security and appropriate for the majority of vessels operating in U.S. waters. Therefore, the Coast Guard would apply these requirements to such commercial vessels as-- , All foreign ships, both cargo and passenger, required to comply with SOLAS; · All foreign ships, both cargo and passenger, of countries not signatory to SOLAS; · All vessels subject to 46 CFR subchapter I (cargo vessels); · All vessels subiect to 46 CFR subchapter L (offshore supply vessels); · All passenger vessels subject to 46 CFR subchapters H and K; · All passenger vessels subject to 46 CFR subchapter T engaged on an International voyage; · Ali barges subiect to 46 CFR subchapters D, I, and O; · All tankships subiect to 46 CFR subchapters D and O; · All Mobile Offshore Drilling Units (MODUs) subject to 45 CFR subchaptar I-A; and · All towing vessels greater than 6 meters in registered length. Facility Owners or Operators. Requirements are being considered for operators of certain facilities to develop Facility Security Assessments and Plans, designate Facility Security Officers, and implement security measures (see Appendix A). The Coast Guard considers these security measures to be integra~ for facility security and appropriate for the majority of facilities servicing vessels that operate in U.S. waters or facilities that are on or adiacent to U.S. waters and pose a risk to them. Therefore, the Coast Guard would apply these requirements to such facilities as- . Facilities that handle cargo regulated under 33 CFR parts 126, 127, and 154; · Facilities that service vessels certified to carry more than 15o passengers; and · Facilities that receive vessels on international voyages including vessels solely navigating the Great Lakes. As an Affected Entity, What Information Should I Bzing to the Public Meetings? Attendees should bring their recommendations and responses to the questions provided in Appendix A. · Attendees should also be prepared to offer their best practices with regard to the security issues and comments on application, implementation and operating costs. What Will Be the Format of the Public Meetings? The public meetings will follow a question-answer format. A facilitator will describe the SOLAS amendment and ISPS Cod~ requirements and the Coast Guard's implementation strategy. The facilitator then will pose a series of questions and solicit attendees' responses. We will discuss, in order, general security provisions, port security provisions, vessel security provisions, facility security provisions, and other security provisions. Appendix A provides the intended format of the meetings. What Other lnformation Would Assist the Coast Guard in Drafting the Temporary Interim Security Rule? We request information about all current Federal, State, and local govarrunental laws, procedures, regulations, and standards that are either functioning or that are planned. We also request industry to provide any currant and planned standards and procedures covering the security of vessels and facilities, and recommendations toward additional regulations. What Are the Estimated Costs of Implementing the SOLAS Amendments, the ISPS Code, and Section 102 of the MTSA, as Discussed in This Noffce? For the purposes of good business practice and in order to comply with regulations promulgated by other Federal and State agencies, many companies have spent, to date, a substantial amount of money and resources to upgrade and improve security. The costs discussed in Appendix C do not include resources these companies have already spent to enhance security. To estimate costs, we contacted operators to determine what specific security improvements they had made and the costs they had incurred since the events of September 11, 2001. We found that these operators were reluctant to share their information with us. Consequently, the estimates in the following analysis are based heavily on Coast Guard judgments. We realize that each company engaged in maritime commerce would not implement the ISPS Code exactly as presented in this analysis. Depending on each company's choices, some companies could spend much less thou what is estimated herein while others could spend significantly more. in general, we assume that each company would implement the ISPS Code based on the types of vessels alld facilities it owns or operates and whether it engages in international or domestic trade. Based on this analysis, the first year cost would be approximately $1.4 billion, with costs of approximately Present Value (pV) $6.0 billion over the next 10 years (2003-2012, 7 percent discount rate). The preliminary cost analysis in Appendix C presents the costs in three sections: vessel security, facility security, and port security. The following is a summary of the preliminary cost analysis. · yesse] SecuritY. The first-year cost of purchasing equipment, hiring security officers, and preparing paperwork is approximately $188. millio_n. F611~wing initial implementation, the annual cost is__ approximately $144 million. Ove~ the T~ext lU years~ ti~e cost woui~ be PV $1.1 billion approximately. The paperwork burden associated with planr6ng would b~ approximately 140,000 hours in the f~rst year and ?,000 hours in subsequent years. · Facility Security. The first-year cost of purchasing equipment, hiring security officers, and preparing paperwork is an estimated $963 million. Following initial implementation, the annual cost is approximately $535 _ million. Over tke next 10 years, the cost wouTa'be PV $4.4 billion approximately. The pape~vork burden associated with planning would be approximately 465,000 hours in the first year and 17,000 hours in subsequent years. · Port Security. The first-year cost of establishing Port Security Committees and creating Port Security Plans for all port areas is an estimated $120 million. The second-year cost is approximately $106 million. In subsequent years, the annual cost is approximately $46 million. Over the next 10 years, the cost would be PV $477 million approximately, The paperwork burden associated with planning would be approximately 1,090,000 hours in 2003; 1,278,000 hours in 2004, and 827,000 hours in subsequent years. Dated: Dec~unber 20, 2002. Paul J. Pluto, Rear Admtral, U.S. Coast Guard, Assistant Commandant for Marine Safety, Sectudty and Env/ronmental Protection. Appendix A: Maritime Security Issues for Discussion