Coast Guard Issues Final Rule Concerning U.S. And Foreign Crewmember Identification Documents

New Development

The Coast Guard issued a final rule on April 28, 2009 that requires each crewmember on a foreign flag commercial vessel en route to the U.S., or on a U.S. flag commercial vessel coming from a foreign port or place to the U.S., to carry and present acceptable identification when in the navigable waters of the United States (i.e. internal waters and within 12 miles of the shoreline). The final rule can be found at http://edocket.access.gpo.gov/2009/pdf/E9-9634.pdf and is effective May 28, 2009.

Background

As a means to alleviate security concerns, Section 102 of the Maritime Transportation Security Act of 2002 ("MTSA") required that all crewmembers possess acceptable identification when calling at U.S. ports. On May 14, 2008, the Coast Guard issued its notice of proposed rulemaking ("NPRM") to implement this requirement. The following is a link to our previous advisory that discussed the provisions of the NPRM: http://www.blankrome.com/siteFiles/Pu