State & Regional Issues
Legislation & Rules
Notice of Proposed Rulemaking, Federal Register March 22, 2013
For facilities subject to regulation
under 33 CFR part 105, this proposal would place them into one of three
Risk Group classifications. Facilities handling
Certain Dangerous Cargoes (CDC) in bulk would be in Risk Group A.
Facilities in Risk Group B would be any that receive a vessel carrying flammable
or combustible liquid cargoes or bulk hazardous materials other than a CDC.
Risk Group C includes facilities carrying non-hazardous cargoes. Additional
classification criteria have also been proposed for vessels and for facilities
handling passenger vessels.
Facilities in Risk Group A, which
pose the highest risk of being involved in a transportation security incident (TSI),
would have new card reader requirements under this rule. Specifically, all
persons seeking unescorted access to secure areas would be required to present
their TWIC and a fingerprint for card authentication, card validity check, and
biometric identity identification upon each entry. TWIC-integrated Physical
Access Control Systems (PACS) with an alternate biometric would also be allowed
as a means of compliance. Facilities in groups B and C would continue to follow
existing regulatory requirements for visual TWIC inspections and would be
allowed to voluntarily deploy TWIC readers.
USCG clarified that while this
proposal attempts to address the highest risks first, it leaves open the
possibility of revising reader requirements through future rulemaking. Comments
are due May 21.
Advance Notice of Proposed Rulemaking (ANPR),
Federal Register March 27, 2009
Under the ANPR, MTSA-regulated facilities would be assigned to one of three risk
tiers. Most terminals would be part of Group B, which include facilities that
handle vessels carrying hazardous materials or flammable/combustible liquids.
Group B facilities would be required to have a TWIC card reader at every gate.
All unescorted personnel would be required to scan their TWIC and would only be
required to use biometric verification at MARSEC Level 1 on randomly selected
periods during the month. At MARSEC Level 2 and 3, all personnel would be
required to verify their biometric identity once per day. Facilities that
dangerous cargos” would be in the highest risk tier and would
require more extensive use of biometrics.
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,
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
2012 TSA will offer a new "Extended Expiration Date" (EED) TWIC.
On June 15, TSA Administrator John Pistole issued a Notice of Exemption that
would provide for a one-time extension of TWIC Card expiration dates by 3 years
for cards that currently expire by December 31, 2014. Mr. Pistole’s Notice
of Exemption is available,
The program will go into effect on August 31.
The EED TWIC
is obtained through a process similar to that for lost card replacement, with a
cost of $60 and requiring only one trip to the enrollment center. The EED
TWIC Policy on Expiring TWICs is available,
information on this program, including TSA’s responses to Frequently Asked
Questions is available,
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
On October 15,
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.
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,
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)
Guard Authorization Act Impacts Crew Access, TWIC, and FSO Training,
2010 Issue (p.2)
Facilities to be Exempt from MTSA Regulation,
New Chemical Facility Bill May Eliminate the MTSA Port Facility Exemption,
2009 Issue (p.2)
MTSA Facility Security Plan Renewals Are Due
on June 30 for Most Facilities,
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
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)