ILTA PROTESTS UNREASONABLE SECURITY REQUIREMENTS
IMPOSED BY COAST GUARD
ILTA has
requested the Coast Guard to withdraw or rescind a large number of
security requirements imposed on bulk liquid terminals by “overly
aggressive” Captains of the Port. In
a letter to Rear Admiral Larry Hereth, the Coast Guard’s Director of
Port Security, ILTA asserted that some of these requirements are beyond
the scope of the regulations that implement the Maritime Transportation
Security Act of 2002. ILTA
also identified several types of procedural orders that it described as
“contrary to the common sense approach” traditionally used by the
Coast Guard in its regulation of port facilities. The letter pointed out that these regulatory actions have
created wide variations in security policies and enforcement procedures
throughout the country, which amount to a major flaw in the national
regulatory program.
Five
specific issues were raised by ILTA:
(1) requiring 24/7 guards at bulk liquid terminals; (2) requiring
security guards to screen marine transfers, trucks and railcars; (3)
allowing insufficient time to comply with orders of inspectors; (4)
requiring terminal loading racks to be included in restricted areas; and
(5) threatening to order the shutdown of facilities.
For each issue, ILTA provided background information provided by
ILTA members. It also
provided an analysis of the regulatory provisions relevant to each issue,
as well as a statement of ILTA’s position.
ILTA pointed out that the access controls and compliance procedures
are imposing severe economic hardship and irreparable harm on a large
number of terminals. These
facilities are now facing sharp increases in personnel costs.
They are also adversely affected by the competitive advantage
conferred on other terminals that are not subject to Coast Guard
jurisdiction.
In
requesting an immediate Coast Guard review of each issue, ILTA suggested
that the review focus on the limits of the Coast Guard’s authority over
facility security, as established by the actual language of the security
regulations in 33 CFR 105.
ILTA also requested that the Coast Guard establish strict
guidelines and procedural requirements that limit the regulatory
discretion of the Captains of the Port to those actions expressly
authorized by the regulations.
ILTA informed Admiral Hereth that it would welcome the opportunity
to work with him and his staff in a joint effort to develop reasonable
guidelines for facility access controls and compliance procedures.
This process will involve a substantial education effort by the
terminal industry.
The Coast Guard needs to have a much better understanding of the
security measures that are already being implemented at terminals.
More importantly, the Coast Guard needs to more carefully consider
the actual security benefits of the measures it requires.
Download
ILTA letter and Statement of Issues
Maritime
Security Transportation Act (MTSA) - International Ship & Port
Facility Security Code (ISPS) Help Desk
Maritime
Security - Final Rule issued October 22, 2003
The final rule
adopts, with changes, the temporary interim rule published earlier this
year, requiring security measures in and around US
ports. The preamble to the final rule addresses individual comments
on the temporary interim rule and then lists the changes made to the
interim rule.
The difference in the final and interim rules are reflected in bold letters in the documents
below: In the Federal Register, the entire rule as changed is
not restated. Each of the final rules can be separately downloaded here
in PDF format.
Regulation
33 CFR 101
General
Provisions
Federal
Register version
33 CFR 103 Area
Maritime Security
Federal
Register version
33 CFR 104 Vessel
Security
Federal
Register version
33 CFR 105 Facility
Security
Federal
Register version
33 CFR 106 Outer
Continental Shelf
Federal
Register version
33 CFR 26, 161,
164, and
165 Automatic Identification
Federal
Register version
The effective date of the final rule is November 21, 2003.
Important
reminders:
·
All FSPs must be
submitted in 2003.
Any plan submitted after December 31, 2003, is subject to a $25,000
administrative penalty.
·
No jurisdictional facility
can operate after July 1, 2004, unless it has a Stage 2 approved plan or
secures a “Letter of Authorization to Operate” (granted if a plan that
is in the Stage 2 process is being amended).
Facilities in caretaker status do not require an FSP.
·
Owners or operators of
facilities not in service on or before December 31, 2003, must comply with
the final rule 60 days prior to beginning operations.
New MARSEC Directives have been issued in
many COPT Zones. These are Security Sensitive Information (SSI) and are
provided on a “need-to-know”
basis. Contact your local
Marine Safety Office (MSO) for more information.
Navigation and Vessel Inspection Circulars
(NVICs) are being revised to match the final rule.
The
Coast Guard's Port Security Directorate (GM-P) Helpdesk can be contacted
by phone at (202) 366-9991 or by e-mail uscgregs@comdt.uscg.mil
with any questions, or visit their Web site for up-to the minute
information and updates http://www.uscg.mil/hq/g-m/mp/index.shtml.
Maritime
Security - Interim Final Rule issued July 1, 2003
The U.S. Coast Guard
has issued a massive “temporary interim rule” to
implement the security requirements mandated by the Maritime
Transportation Security Act of 2002.
The rule has been conveniently divided into six separate rules,
including the “Facility Security” rule that covers all bulk liquid
terminals subject to U.S. Coast Guard jurisdiction.
Each of the six interim rules can be separately downloaded here
in PDF format:
Implementation
of National Maritime Security Initiatives
Area
Maritime Security
Vessel
Security
Facility
Security
Outer
Continental Shelf Facility Security
Automatic
Identification System; Vessel Carriage Requirement
Opportunity
for Comments and Questions – The immediate
priority for ILTA terminal members is to determine if there is anything in
the Facility Security Rule that needs to be changed.
The Coast Guard will accept written comments through July 31, 2003.
In addition, the Coast Guard will hold a public meeting to answer
questions on the rule and receive oral comments from interested parties.
The meeting will be held on July 23, 2003, in Washington, DC at the
Grand Hyatt Hotel located at 1000 H Street, NW.
ILTA will participate in the meeting and will ask questions or make
comments on behalf of terminal members.
Basically, the Coast Guard is offering the public the opportunity
to call attention to any major mistakes or any regulatory language that
obviously needs clarification. The
window has already closed for suggesting further policy changes.
The interim final rule will remain effective until November 25,
2003, when it will be replaced by a final rule.
Download
ILTA's Comments
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