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  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.

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 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 APPLICATION

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

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.

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 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

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.

Alternative Security Programs

Alternative Security Programs (ASP) Philosophy  Large segments of the maritime industry share similarities in operations and security vulnerabilities.  33 CFR (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).

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 (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

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

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

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

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 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 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

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

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

Questions?