Watch Now


AAPA concerned over U.S. port security funding, liability issues

AAPA concerned over U.S. port security funding, liability issues

   The American Association of Port Authorities' legislative policy council has called for more federal funding for port security, and stressed its members' concerns over increasing liability risks for ports.

   The council, which comprises port directors, announced its views on these issues on Tuesday following a meeting held this week in Cura'ao, Netherlands Antilles.

   The port association called for $400 million in federal funding for the Transportation Security Administration’s port security grant program in the federal budget for fiscal year 2005.

   “The fiscal year 2004 level is expected only to be $125 million, while the Coast Guard projects the cost to be $1.125 billion in the first year,” the AAPA said.

   The port association endorsed, for the first time, federal funding for Operation Safe Commerce. Operation Safe Commerce is a Transportation Security Administration grant program that tracks port cargo from its place of origin to its final destination to ensure containers remain secure and tamper-free throughout the entire supply chain. The program has been tested for the last year at three load centers including the ports of Seattle-Tacoma, New York New Jersey and Los Angeles-Long Beach.

   “The program will be expanded next year to other ports,” the port association said.

   AAPA said it will also join with others in the maritime industry to urge Congress to limit the legal liability of those who are in compliance with the Maritime Transportation Security Act.

   Meanwhile, the port association said it joins other major transportation and maritime organizations in opposing the Intermodal Equipment Safety and Responsibility Act of 2003 (H.R. 2865). This law “would dramatically change the current regulatory regime governing liability for chassis roadability,” the association said.

   Under the proposed legislation, “equipment controllers” would be liable for all violations of the Federal Motor Carrier Safety Regulations attributable to the controller's equipment except for those caused by the negligence or willful misconduct of the motor carrier. Such provisions “could impose significant new liabilities on terminal operators,” the port association noted.

   AAPA filed comments with the Federal Highway Administration in 1999 opposing new regulations on chassis roadability and with the Federal Motor Carrier Safety Administration in 2003 supporting a private sector solution to roadability issues versus a Federal negotiated rulemaking.