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U.S. Coast Guard ISPS Code Implementation. Maritime Transportation Security Act of 2002 (MTSA). Signed into law on November 25, 2002 Six Temporary Interim Rules on July 1, 2003 Final Rules published October 22, 2003

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maritime transportation security act of 2002 mtsa
Maritime Transportation Security Act of 2002 (MTSA)
  • Signed into law on November 25, 2002
  • Six Temporary Interim Rules on July 1, 2003
  • Final Rules published October 22, 2003
  • MTSA aligned with the ISPS Code to avoid redundancies and inconsistencies. Makes part B of ISPS mandatory.
mtsa isps implementation
Regulations standardize security measures to protect the nation’s ports and waterways from a terrorist attack.

Requirements include port security committees, port–wide security plans, vulnerability assessments and security plans for port facilities and vessels.

Impact 10K domestic vessels, 4K facilities, 8K foreign vessels.

MTSA-ISPS Implementation
slide4

APPLICATION

  • Vessels:
  • - All foreign ships, both cargo and passenger, required to comply with SOLAS.
  • -Domestic 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
slide5

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

mtsa family of plans

Vsl Sec

Vsl Sec

Fac Sec

Fac Sec

Plans

Plans

Plans

Plans

MTSA “Family of Plans”

MTSA intends that plans work “in conjunction” to deter security incidents.46 USC 70103(b)

National

Vsl Sec

Vsl Sec

Vsl Sec

Vl Sec

Fac Sec

Fac Sec

Fac Sec

Fac Sec

Plans

Plans

Plans

Plans

Plans

Plans

Plans

u s definition of port facility
U.S. Definition of Port Facility
  • Port Area is the Port Facility
  • The US has 43 port areas/facilities.
  • Individual terminals within the port area are also required to have security plans.
slide8

Area Maritime Security

  • Area Maritime Security (AMS) Committee
  • The entire port areas has an AMS Assessment and Plan
  • CG COTP is the Federal Maritime Security Coordinator (FMSC) and Port Facility Security Officer
  • Communication & Coordination Mechanism to protect port during threats/incidents
  • Plans provide for protective measures port-wide at each security level
mtsa isps implementation9
System designed based on risk mitigation minimizing negative impact to the MTS and industry

Set standard

Industry helped define the response

Key is consistency—among companies, among states, and among countries

MTSA-ISPS Implementation
mtsa isps implementation cont d
Performance-based measures allow those regulated to select the best measures for their vessel or facility

Industry trade associations encouraged to customize security standards to their industry segment through Alternative Security Programs

Allows for "equivalent levels of security" to recognize more cost-effective ways of attaining the same security level.

MTSA-ISPS Implementation (cont’d)
alternative security programs asp philosophy
Large segments of the maritime industry share similarities in operations and security vulnerabilities.

33 CFR 101.120 (b) provides the means for an industry group or organization to address these common vulnerabilities through targeted programs for their segment rather than having individual members submit Vessel or Facility Security Plans (VSP or FSP).

Alternative Security Programs (ASP)Philosophy
asp review process
Mirrors the process for individual VSPs and FSPs

Requires that sponsor organizations address all of the required sections of the rule

Recognizes the particular responses of submitting groups in addressing vulnerabilities experienced by their industry segment

ASP Review Process
asp review process cont
Each ASP must contain:

a list of the vessel & facility types that the ASP is designed to cover

a security assessment for the vessel or facility type

an explanation of how the owner/operator is to implement the program

a cross-reference of the ASP’s sections with the regulation

ASP Review Process (cont.)
the contribution of the asp concept to the security plan review mission
ASPs cover approximately 6,000 Vessels and 200 Facilities

Saved 1,000s of man hours and several million dollars over individual plan review costs

The Contribution of the ASP Concept to the Security Plan Review Mission
asp approval
Commandant (G-PC)

provides approval letter

Program valid for 5 years

Compliance inspection by

Coast Guard COTP

ASP Approval
common problems
Member believes just having ASP on board or at facility is sufficient

Member fails to implement ASP in its entirety

Member fails to complete vulnerability assessment

Coast Guard inspector attempts to enact changes to the ASP through individual owners/operators

Coast Guard inspector uses a criteria other than the ASP document in performing a compliance inspection

Common Problems
improving response
Improving Response
  • Passenger & Ferry Vessels
    • Threat to U.S. mass transit system
    • VBIEDs/IEDs Study Completed AUG 05.
    • Lessons learned
passenger ferry vessel way ahead
Passenger & Ferry Vessel - Way Ahead
  • Increase K-9 utilization.
  • Course of Action:
  • -Reevaluation of screening levels (include Deterrence Study)
    • -Expand Scope of PS Grant Program to support K-9s & annual cost
    • -New Technology tests with TSA
      • -SAIL I Cape May (Vehicle Backscatter Tech.)
      • - SAIL II San Fran. (Passenger Document Trace Detection Tech. )
      • -SAIL III New York (Millimeter Wave for Passenger Screening)
  • Develop Screening Training Program & Industry Standards
international port security ips program
International Port Security (IPS) Program

The IPS Program’s focus is to:

  • Engage in bilateral and multilateral security discussions with trading nations
  • Share and align maritime security practices
  • Exchange best practices

www.uscg.mil/hq/g-m/mp/xfaqs.html

ips program country visit
IPS Program Country Visit
  • Information exchange between nations
  • Port facility visits
  • In country visit and information exchange
  • Ongoing dialogue
  • Reciprocal visits
uscg isps best practices website
USCG ISPS Best Practices Website

www.uscg.mil/hq/g-m/mp/xfaqs.html

best practices24
Best Practices
  • 3 stage plan for ISPS implementation, distributing costs over
  • 3 year period.
  • Integration of five agencies into one new agency with
  • exclusive authority over ISPS implementation
  • Entirely new port security training center
  • Frequent moves of security personnel to reduce corruption
  • Portable guard posts to randomly cover different port areas