COMDTINST 5420.37A
f. Non-Government Committee. One sponsored by any organization not part of the Federal
government.
g. Harbor Safety Committee (HSC).
(1) A committee established and controlled by local non-Federal entities to address local port or
waterway issues, such as waterway safety, security, mobility and environmental concerns.
The membership of HSCs include local port facility operators and users, maritime labor and
industry organizations, environmental groups, public interest groups, and local government
representatives. HSCs may also have Federal government members, including Coast Guard
personnel.
(2) For the most part, HSCs fall under the FACA exemption for local civic groups because they
are organized and run by local non-Federal entities. Coast Guard personnel may serve as
members of HSCs, but any control of the committee's structure, membership, or agenda by
the Coast Guard would convert the committee to a FACA. However, an HSC may be exempt
from FACA as an operational committee even though created and controlled by Coast Guard
personnel. The sponsoring office shall consult with their servicing legal office for guidance.
See "Guidance for the Establishment and Development of Harbor Safety Committees Under
the Marine Transportation System (MTS) Initiative," Navigation and Vessel Inspection
Circular No. 1-00 (NVIC 1-00), COMDTPUB P16700.4.
h. Port Security Committee (PSC).
(1) A committee established and managed in accordance with the guidance contained in
"Guidance for Port Security Committees, and Port Security Plans Required for U. S. Ports,"
Navigation and Inspection Circular No. 9-02 (NVIC 9-02), COMDTPUB P16700.4, in order
to provide a framework to communicate threats, identify risks, and coordinate resources to
mitigate threats and vulnerabilities, including the development, review, and update of a Port
Security Plan.
(2) PSCs, when managed in accordance with NVIC 9-02, are exempt from FACA as operational
committees, even though they are created and controlled by Coast Guard personnel.
i. Operational Committee. A committee established to perform primarily operational functions as
opposed to advisory functions. Operational functions are those specifically authorized by statute
or Presidential directive, such as making or implementing government decisions or policy.
7. DEFINITIONS.
a. Approving Official. The official having authority to approve committee actions (e.g., establish
modify, extend, or terminate committees) and to appoint members. For FACA committees, the
Secretary approves committee actions and appoints members based on the recommendations of
the Commandant.
b. Chairperson. The presiding officer of the committee appointed to direct the committee's efforts
in the effective completion of its assigned tasks.
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