NEW MARITIME SECURITY REGULATIONS
MAKING OUR WATERS SAFER: The Maritime Transportation Security Act of 2002 (MTSA), the new security amendments to the International Convention for the Safety of Life at Sea 1974 (SOLAS), and its complementary International Ship and Port Facility Security Code (ISPS) strengthen and add additional protective layers of defense to our Nation’s port security.
MTSA: Designed to protect the nation's ports and waterways from a terrorist attack. Landmark legislation that requires area maritime security committees, security plans for facilities and vessels that may be involved in a transportation security incident
ISPS: First multilateral ship and port security standard ever created. Implementation scheduled for 2004; requires all nations to develop port and ship security plans.
Regulations specify requirements for:
Security assessments, development of security plans, implementation of measures to address access control, security monitoring, and physical, passenger, personnel, baggage and cargo security.
Annual exercises and/or drills
Designation of security personnel for each vessel or facility
Installation of Automatic Identification System (AIS), equipment that automatically sends detailed ship information to other ships and shore-based agencies
WHO THE REGULATIONS WILL APPLY TO: The regulations focus on those entities that may be involved in a transportation security incident, including various tank vessels, barges, large passenger vessels, cargo vessels, towing vessels, offshore oil and gas platforms, and port facilities that handle certain kinds of dangerous cargo or service the vessels listed above.
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WHEN:
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July 1, 2003 Temporary Interim Rules published; Effective date of regulations
July 23, 2003 Public Meeting in Washington, D.C.
July 31, 2003 Deadline for submission of written comments
October 2003 Projected publication of Final Rule
November 2003 Effective date of Final Rules (30 days from publication)
Dec. 31, 2003 Deadline for submission of security plans
July 1, 2004 International and domestic deadline for implementation of MTSA regulations & ISPS requirements.
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WHERE:
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Ports of all sizes throughout the country and the world
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REGULATORY HIGHLIGHTS
The new MTSA security regulations cover vessels and facilities operating on or adjacent to waters subject to the jurisdiction of the United States and are split into six separate parts. Following a general section that discusses general requirements and definitions, each of the sections focuses on a specific segment of the marine industry: ports, vessels, facilities, and outer continental shelf facilities. A final regulation addresses the installation of Automatic Identification Systems (AIS). These regulations are part of the new Subchapter H of Title 33 of the Code of Federal Regulations (CFR), except for AIS, which amends several sections of the CFR.
The regulations have common elements, including:
Security Officers & Training for all Personnel
Requires the designation of an individual who will be responsible for the vessel or facility security program, outlines the qualifications for security officers, and requires all personnel to have training so that they are ready and able to implement the security plan.
Security Assessments and Plans
Requires owners and operators to assess the vulnerabilities, and develop plans that may include passenger, vehicle and baggage screening procedures; security patrols; establishing restricted areas; personnel identification procedures; access control measures; and/or installation of surveillance equipment.
GENERAL – Parts 101 & 102
Alternative Security Programs/Equivalencies
Provides flexibility and encourages innovation by allowing industry to submit, for Coast Guard approval, alternative security programs that provide an equal level of security as required in the regulations.
Maritime Security Directives
Gives the Coast Guard the authority to issue supplemental directives that require the implementation of specific security measures within the context of security plans, allowing the government to communicate sensitive security information to industry
Increased threat = increased security
Establishes three levels of security, which align with an international system, and correspond to the Homeland Security Advisory System. These levels allow industry to increase and decrease security measures based on threat conditions, providing reasonable and effective security.
Communication of Maritime Security Information
Requires the Coast Guard to communicate information on threats to the appropriate members of maritime industry and other authorities in the port.
PORTS – Part 103
Federal Maritime Security Coordinators
Designates the Coast Guard Captains of the Port as Federal Maritime Security Coordinators, giving them the authority to oversee and direct the necessary activities of increasing security of our ports.
Area Maritime Security Committees (AMS)
Establishes Area Maritime Security Committees, made up of members of other federal, state and local agencies, industry and others, to assess the specific vulnerabilities in each of our 361 ports and develop plans for very complex and diverse security requirements within the port areas.
Risk Assessments and Security Plans
Requires the AMS Committees to conduct risk assessments, building on preliminary assessments already conducted in 47 key ports, which examine the threats, consequences, and vulnerabilities of the port. Details the elements of Area Maritime Security Plans, including requiring an annual exercise.
VESSELS – Part 104
Examples of vessels most directly impacted by the new regulations
Small cruise ship traveling from Chicago to Montreal
SOLAS-certified cargo ship carrying grain traveling from Jacksonville to New York
Container vessel carrying cargo from New Orleans to San Juan
Container vessel carrying cargo from Hong Kong to Los Angeles
Barge carrying auto part containers traveling from Seattle to Vancouver
Cruise ship on a Caribbean voyage
Dinner boat on the Chesapeake Bay carrying more than 150 people
Gaming boat on the Mississippi
Ferries operating in Puget Sound, Washington
Barge carrying home heating oil on the Hudson River
Tanker carrying liquefied natural gas
Supply vessel heading to an offshore oil rig
Towing vessel pushing an oil barge on the Mississippi River
FACILITIES – Part 105
Examples of maritime facilities most directly impacted by the new regulations
Facility that handles dangerous cargo, including oil, chemicals, and explosives
Facility that services vessels that carry more than 150 passengers
Facility that receives vessels on international voyages, including vessels solely navigating the Great Lakes.
OUTER CONTINENTAL SHELF FACILITIES – Part 106
Examples of offshore oil & gas platforms most directly impacted by the new regulations
Oil rig that produces more than 100,000 barrels of oil per day
Platform that produces more than 200 million cubic feet of natural gas per day
Platform that is consistently manned by more than 150 people
AUTOMATIC IDENTIFICATION SYSTEMS
The regulations require the installation of Automatic Identification System (AIS) on certain vessels. AIS equipment is a system that automatically sends detailed ship information to other ships and shore-based agencies. Installing AIS equipment on certain vessels traveling in our waters will allow comprehensive, virtually instantaneous vessel tracking and monitoring, increasing security and safety in our shipping channels.
Examples of vessels required to install an Automatic Identification System
Ships on an international voyage
Large passenger vessels
Other commercial vessels operating in a Vessel Traffic System
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