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U.S. Coast Guard ISPS Code
Implementation
U.S.
Coast Guard
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.
U.S.
Coast Guard
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.
U.S.
Coast Guard
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
U.S.
Coast Guard
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
U.S.
Coast Guard
MTSA “Family of Plans”
National
Vsl Sec
Plans
Vl Sec
Vsl
Sec
Plans
Fac Sec
Plans
Fac Sec
Plans
MTSA intends that
plans work “in
conjunction” to
deter security
incidents.
46 USC 70103(b)
U.S.
Coast Guard
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.
U.S.
Coast Guard
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
U.S.
Coast Guard
MTSA-ISPS Implementation
 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
U.S.
Coast Guard
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.
U.S.
Coast Guard
Alternative Security Programs
U.S.
Coast Guard
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).
U.S.
Coast Guard
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
U.S.
Coast Guard
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
U.S.
Coast Guard
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
U.S.
Coast Guard
ASP Approval
• Commandant (G-PC)
provides approval letter
• Program valid for 5 years
• Compliance inspection by
Coast Guard COTP
U.S.
Coast Guard
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
U.S.
Coast Guard
Improving Response
•Passenger & Ferry Vessels
•Threat to U.S. mass transit system
•VBIEDs/IEDs Study Completed AUG 05.
•Lessons learned
U.S.
Coast Guard
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
U.S.
Coast Guard
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
U.S.
Coast Guard
IPS Program Country Visit
•Information exchange
between nations
•Port facility visits
•In country visit and
information exchange
•Ongoing dialogue
•Reciprocal visits
U.S.
Coast Guard
USCG ISPS Best Practices Website
www.uscg.mil/hq/g-m/mp/xfaqs.html
U.S.
Coast Guard
Best Practices
U.S.
Coast Guard
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
U.S.
Coast Guard
Questions?
U.S.
Coast Guard