U.S. Coast Guard ISPS Code Implementation

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U.S. Coast Guard ISPS Code Implementation

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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.

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MTSA-ISPS Implementation

• Regulations standardize security measures to
  protect the nations ports and waterways from a
  terrorist attack.
• Requirements include port security committees,
  portwide security plans, vulnerability
  assessments and security plans for port
  facilities and vessels.
• Impact 10K domestic vessels, 4K facilities, 8K
  foreign vessels.

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APPLICATION

• Vessels
• - All foreign ships, both cargo and passenger,
  required to comply with SOLAS.
• -Domestic Vessels gt100 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 gt6 meters in registered length

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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
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MTSA Family of Plans
MTSA intends that plans work in conjunction to
deter security incidents.46 USC 70103(b)
National
Fac Sec
Fac Sec
Fac Sec
Fac Sec
Vsl Sec
Vl Sec
Vsl Sec
Vsl Sec
Plans
Plans
Plans
Plans
Plans
Plans
Plans
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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.

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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

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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 consistencyamong companies, among states,
  and among countries

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MTSA-ISPS Implementation (contd)

• 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.

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Alternative Security Programs
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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).

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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

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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 ASPs sections with the
  regulation

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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

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ASP Approval

• Commandant (G-PC)
• provides approval letter
• Program valid for 5 years
• Compliance inspection by
• Coast Guard COTP

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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

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Improving Response

• Passenger Ferry Vessels
• Threat to U.S. mass transit system
• VBIEDs/IEDs Study Completed AUG 05.
• Lessons learned

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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

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International Port Security (IPS) Program

• The IPS Programs 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

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IPS Program Country Visit

• Information exchange between nations
• Port facility visits
• In country visit and information exchange
• Ongoing dialogue
• Reciprocal visits

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USCG ISPS Best Practices Website
www.uscg.mil/hq/g-m/mp/xfaqs.html
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Best Practices
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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

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Questions?