Further Amending Executive Order 10173, as Amended, Prescribing Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities of the United States

This executive order amends maritime security regulations to expand Coast Guard enforcement authority following 9/11. It defines 'Area Commander' as a new command level and explicitly subordinates all Coast Guard maritime security authority to the Secretary of the department in which the Coast Guard operates (then the newly transferred Department of Homeland Security).

Federal Register Open PDF 67 FR 56215

Impact dates

Aug 21, 2002
EO takes effect upon signing

Key directives

Add 33 CFR 6.01-6 defining 'Area Commander'
Amend 33 CFR 6.04-1 to establish enforcement hierarchy: Captain of the Port supervised by District Commander, Area Commander, and Commandant
Explicitly vest all Captain of the Port authority in District Commander, Area Commander, and Commandant
Subject all Coast Guard authority under this part to direction of the Secretary of the department in which the Coast Guard operates

Who is ordered

Timeline

Immediate

New 'Area Commander' definition takes effect in 33 CFR Part 6
Expanded enforcement chain of command operational

Near term (90d)

Implementation of supervisory relationships between Captains of the Port, District Commanders, Area Commanders, and Commandant

Long term

Structural integration of Coast Guard security authority under DHS Secretary direction

Risks & tensions

Centralization of authority under Secretary may create tension with Coast Guard operational independence
Timing coincides with Coast Guard transfer to DHS (March 2003); this EO preemptively clarifies civilian control
Vague whether 'Secretary of the Department in which the Coast Guard is operating' was intended to anticipate DHS transfer or referred to DOT at time of signing