NEW MARITIME SECURITY REQUIREMENTS
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NEW MARITIME SECURITY REQUIREMENTS. Commander Don Goldstein Deputy Chief 7 th District Marine Safety Div. Telephone: (305) 415-6864 Email: [email protected] WHAT HAVE WE DONE SO FAR?.

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Commander Don Goldstein Deputy Chief 7 th District Marine Safety Div.

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Commander don goldstein deputy chief 7 th district marine safety div

NEW MARITIME SECURITY REQUIREMENTS

Commander Don Goldstein

Deputy Chief

7th District Marine Safety Div.

Telephone: (305) 415-6864

Email: [email protected]


Commander don goldstein deputy chief 7 th district marine safety div

WHAT HAVE WE DONE SO FAR?

- 96-hour Advanced Notice of Arrival (Final Rule in March 2003)- Developed and are refining port security assessment methodology- Policy Notice on Maritime Credentials * Laminated and tamper resistant * Current photo and full name * Name of issuing authority

- Navigation and Vessel Inspection Circulars- Sea Marshals and MSSTs


Commander don goldstein deputy chief 7 th district marine safety div

NEW MARITIME SECURITY REQUIREMENTS

SOLAS amendments adopted in December 2002 Chapter V: -Automated Identifications Systems Chapter XI-1: -Ship identification number -Continuous Synopsis Record Chapter XI-2: -Measures to enhance maritime security -International Ship and Port Facility Security (ISPS) Code (Parts A & B)

Maritime Transportation Security Act of 2002 (MTSA) New Chapter 701 in title 46 of the U.S. Code Aligned with SOLAS and ISPS Code Intend to make Part B mandatory


Commander don goldstein deputy chief 7 th district marine safety div

Applicability

SOLAS - Ships on International Voyages * Passenger ships * cargo ships > 500 gt * MODUs - Port Facilities serving such ships (Governments define what constitutes a port facility, which may include anchorages and approaches)MTSA - facilities and vessels that may be involved in a transportation security incident - located on or adjacent to waters subject to the jurisdiction of the U.S.

MTSA is broader than SOLAS


Commander don goldstein deputy chief 7 th district marine safety div

REGULATORY RECONCILIATION OF APPLICATION

  • Vessels:

  • - All foreign ships, both cargo and passenger, required to comply with SOLAS.

  • - Vessels >100 gross tons subject to 46 CFR Subchapter I.

  • - Offshore Supply Vessels subject to 46 CFR Subchapter L.

  • - Passenger vessels subject to 46 CFR Subchapters H and K.

  • Passenger vessels subject to 46 CFR T engaged on an International voyage.

  • - Barges subject to 46 CFR Subchapter D, I, and O.

  • - Tankships subject to 46 CFR Subchapters D and O.

  • - Mobile Offshore Drilling Units subject to 46 CFR Sub. I-A.

  • - Towing vessels >6 meters in registered length


Commander don goldstein deputy chief 7 th district marine safety div

REGULATORY RECONCILIATION OF APPLICATION

Facilities:

- Facilities that handle cargo subject to the regulations in 33 CFR Part 126, 127, or 154;

- Facilities that service vessels that carry more than 150 passengers;

- Facilities that receive vessels on international voyages, including vessels solely navigating the Great Lakes.

- Additional requirements for facilities handling CDCs


Commander don goldstein deputy chief 7 th district marine safety div

REGULATORY TIMELINE

SOLAS amendments and ISPS Code- Entry into force through tacit amendment procedure on 1 July 2004- Resolution: Efforts to implement must begin as soon as practical to meet entry into force date

MTSA- Issue interim final rule (IFR) as soon as practical- Waives APA+ 6 months: submit plans for approval+ 12 months: approved plans

TimingIFR - June 2003Plan submittal - Nov 2003Final rule - Nov 25, 2003USCG approves plans - NLT 1 Jul 2004


Family of plans regulatory structure

FAMILY OF PLANSRegulatory Structure


Commander don goldstein deputy chief 7 th district marine safety div

BASIC CONCEPT

(1) Port Security Plan - broad Vessel and Facility Plan - specific(2) All plans constructed based on vulnerability assessments(3) Goal is to mitigate vulnerabilites(4) Detail specific measures to be implemented at threeMARSEC levels(5) Issuance of security directives(6) exercise existing COTP authority when necessary


Commander don goldstein deputy chief 7 th district marine safety div

MARSEC DEFINTIONS

MARSEC 1 - New normalcy; minimum measures that have to be maintained at all timesMARSEC 2 - Heightened threat of a transportation security incident; set for as long as threat lastsMARSEC 3 - Transportation security incident probable or imminent; envisioned to be set for shorter period of time


Commander don goldstein deputy chief 7 th district marine safety div

New Math: 3 = 5

MARSECHSAS

1 = green, blue, yellow

2 = orange

3 = red


Commander don goldstein deputy chief 7 th district marine safety div

SHIP AND FACILITYSECURITY ASSESSMENTS

- Physical security- Structural integrity- personnel protection systems- security procedures

-communications procedures- impact of incidents/consequences- identified weaknesses- define threats and likelihood of occurrence- select and prioritize countermeasures* Those doing assessment have to be qualified


Commander don goldstein deputy chief 7 th district marine safety div

ELEMENTS OF VESSEL

AND

FACILITY SECURITY PLANS

Plan approval: Ships - Administration or RSO - certificate issuedPort Facilities - Government

For Each MARSEC level:- Access control- Restricted Areas- Handling of Cargo- Delivery of Stores/supplies- Security monitoring- Security duties


Commander don goldstein deputy chief 7 th district marine safety div

Security Officers

Must assign:

Company Security Officer Ship Security Officer Facility Security OfficerMTSA - “qualified individual” to implement measures*Security officers have key responsibilities for: - ensuring assessments are done - ensuring development and implementation of security plan - training of security personnel - drills and exercises


Commander don goldstein deputy chief 7 th district marine safety div

TRAINING AND DRILLS

All personnel must be adequately trained to perform security duties (detailed requirements for security officers)

Drills - one every three months to test individual elements of plan- additionally for ships, when 25% of ships crew changes with those who haven’t drilled in last three months

Exercises

- at least annually- full scale or live; or tabletop; can combined with other exercises

- encourage coordination with other stakeholders


Commander don goldstein deputy chief 7 th district marine safety div

MTSA PLAN APPROVAL

  • Requires Secretary to approve plans of vessels and facilities likely to be involved in a transportation security incident.

  • Approval for Vessels:

  • flag state issuance of SOLAS certificate- industry standard (accepted by USCG) for large segment of domestic fleet and non-SOLAS facilities- USCG (Marine Safety Center) for US flag vessels required to comply with SOLAS

  • Approval for Facilities:

  • - COTP for facilities

  • District Commander for equivalencies


Commander don goldstein deputy chief 7 th district marine safety div

Future International Efforts

International Maritime Organization- Long-range ship tracking

- Standards for designating Recognized Security Organizations

- Training guidance for security officers and security personnel

- Guidance on safe manning

- Standardized forms and electronic data to facilitate commerce

- Additional guidance for control and compliance measures

World Customs Organization- Security of container supply chainInternational Labour Organization- Seafarer Identification- Considering wider port security issues, similar to our port security plan approach


Commander don goldstein deputy chief 7 th district marine safety div

Putting the puzzle together

-NVICs provide interim guidance until regulations and SOLAS requirements enter into force-NVICs were drafted based on the developing work of IMO-Any differences between the NVICs and IMO are not significantand are due primarily to:

* IMO work was a moving target until December 2002 * IMO requirements allow discretion in many areas and NVICs add the detail-NVICs provide a snapshot of our vision for the domestic regulations-Implementing guidance in NVICs will not guarantee approval of your plan but should get you very close-NVICs will not be reissued to conform with results of diplomatic conference-Use NVIC and adjust to the IFR when published


Commander don goldstein deputy chief 7 th district marine safety div

Important Outstanding Issues

- What vessels and facilities may be involved in transportation security incident; and what is the boundary of a facility- Definition of critical infrastructure and key assets- How far do we extend AIS domestically for security- Process for setting MARSEC- Do we designate RSOs- Do we develop formal training requirements/standards- Seafarer identification- Policy on use and dissemination of SSI


Commander don goldstein deputy chief 7 th district marine safety div

QUESTIONS


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