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Legislation & Rules
33 CFR 105
This rule sets maritime transportation facility security standards.
Specifically, this rule establishes facility security requirements, and calls
for the completion of a Facility Security Assessment (FSA) and the development
of a Facility Security Plan (FSP). Once approved by the local Captain of the
Port (COPT), a facility’s FSA and FSP are valid for five years from the date of
approval. To view this rule as published in the Federal Register on October 22,
2003, click
here.
Maritime Transportation Security Act (MTSA), Title I: Maritime Transportation
Security, Sec. 102: Port Security, November 25, 2002
MTSA requires “any structure or facility of any kind located in, on, under, or
adjacent to any waters subject to the jurisdiction of the United States” to
conduct a vulnerability assessment and prepare and submit a security plan to the
Secretary of Homeland Security based on the assessment.
Updates, Comments & Other Reports
April 2011
On April 26, DHS implemented a new National Terrorism Advisory System (NTAS) to
replace the former color-coded threat levels. The NTAS
has two levels: elevated and imminent. An "elevated
threat" warns of a potential attack. An "imminent
threat" refers to a specific and impending threat.
Existing maritime security (MARSEC) levels will not change.
The Coast Guard has indicated that terminal operators are not
required to link the new NTAS with MARSEC levels in their facility security
plans. A public guidance document on the new advisory
system is available
here.
October 2010
On October 15,
President
Obama signed the Coast Guard Authorization Act of 2010 (HR3619) into law.
Among other things, the bill addressed port security, maritime safety,
acquisition reform, and oil spills. It included a provision for vessel
crew access. Under the law, facilities are required to include in their
facility security plans a system for seamen assigned to a vessel at that
facility, pilots, and representatives of seamen’s welfare and labor
organizations, to board and depart the vessel through the facility in a timely
manner at no cost to the individual. It also established a training
program leading to certification of facility security officers.
July 2009
On July 19, the
Coast Guard issued
Policy Advisory Council (PAC) 09-09
exempting certain facilities that transfer and store asphalt from 33 CFR
105. Specifically, the exemption applies to asphalt facilities that also store
less than 42,000 gallons of any other regulated cargo and do not receive any
foreign flagged vessels or vessels that make international voyages. Facilities
that meet some, but not all, of the criteria for exemption may request a waiver.
FSP Renewals Due June 30, 2009
ILTA encourages terminal members to submit their renewals ahead of the deadline.
Unlike the initial FSP submittals, the renewals will be reviewed and approved
by local Captains of the Port. Once the new FSP is submitted, the facility can
continue to operate under the old plan until the new one is approved. To view a
document containing guidance on the FSP review process,
click here.
Terminals will be required to
update their FSPs as part of phase II implementation of the Transportation
Worker Identification Credential (TWIC) program. Phase II rules concerning
implementation of TWIC card readers are expected sometime in 2008. For more
information on the TWIC program, click here.
All existing terminal
facilities subject to MTSA are required to have submitted their FSA and FSP in
accordance with 33 CFR 105. For more information contact your local COTP.
RELATED ILTA ARTICLES
ILTA provides a monthly
newsletter to its membership. Members may log in to the Member Resources page to
access archived newsletters. The following is a list of articles ILTA has
published in its newsletter relating to MTSA Security Plans.
-
DHS Implements New Terrorism
Advisory System to Replace Color-Coded Alert Levels, May 2011 (p.3)
-
Coast
Guard Authorization Act Impacts Crew Access, TWIC, and FSO Training,
November
2010 Issue (p.2)
-
Asphalt
Facilities to be Exempt from MTSA Regulation,
September 2009
Issue (p.2)
-
New Chemical Facility Bill May Eliminate the MTSA Port Facility Exemption,
July
2009 Issue (p.2)
-
MTSA Facility Security Plan Renewals Are Due
on June 30 for Most Facilities,
April 2009
Issue (p.3)
-
USCG Inspects Terminal Security Compliance,
August 2004 Issue (p. 3)
-
Coast Guard Rejects Most Facility Security Plans,
May 2004 Issue (p. 2)
-
Coast Guard Issues Final Maritime Security Rule,
November 2003 Issue (p.2-3)
-
ILTA Submits Comments on Coast Guard’s Maritime Security
Rule, July 2003
Issue (p.3)
-
US Coast Guard Issues Maritime Security Regulations,
June 2003 Issue (p.3)
-
The Maritime Transportation Security Act of 2002,
February 2003 Issue (p. 3-4)
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