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33 CFR 105 This rule sets maritime transportation facility security standards. Specifically, this rule establishes facility security requirements, and calls for the completion of a Facility Security Assessment (FSA) and the development of a Facility Security Plan (FSP). Once approved by the local Captain of the Port (COPT), a facility’s FSA and FSP are valid for five years from the date of approval.  To view this rule as published in the Federal Register on October 22, 2003, click here.

 

Maritime Transportation Security Act (MTSA), Title I: Maritime Transportation Security, Sec. 102: Port Security, November 25, 2002 MTSA requires “any structure or facility of any kind located in, on, under, or adjacent to any waters subject to the jurisdiction of the United States” to conduct a vulnerability assessment and prepare and submit a security plan to the Secretary of Homeland Security based on the assessment.

 

 

Updates, Comments & Other Reports

 

July 2009 On July 19, the Coast Guard issued Policy Advisory Council (PAC) 09-09 exempting certain facilities that transfer and store asphalt from 33 CFR  105.  Specifically, the exemption applies to asphalt facilities that also store less than 42,000 gallons of any other regulated cargo and do not receive any foreign flagged vessels or vessels that make international voyages.  Facilities that meet some, but not all, of the criteria for exemption may request a waiver.

 

FSP Renewals Due June 30, 2009  ILTA encourages terminal members to submit their renewals ahead of the deadline.  Unlike the initial FSP submittals, the renewals will be reviewed and approved by local Captains of the Port.  Once the new FSP is submitted, the facility can continue to operate under the old plan until the new one is approved.  To view a document containing guidance on the FSP review process, click here.

 

Terminals will be required to update their FSPs as part of phase II implementation of the Transportation Worker Identification Credential (TWIC) program. Phase II rules concerning implementation of TWIC card readers are expected sometime in 2008. For more information on the TWIC program, click here.

 

All existing terminal facilities subject to MTSA are required to have submitted their FSA and FSP in accordance with 33 CFR 105. For more information contact your local COTP.

 

 

RELATED ILTA ARTICLES

 

ILTA provides a monthly newsletter to its membership. Members may log in to the Member Resources page to access archived newsletters. The following is a list of articles ILTA has published in its newsletter relating to MTSA Security Plans.

 

  • Asphalt Facilities to be Exempt from MTSA Regulation, September 2009 Issue (p.2)

  • New Chemical Facility Bill May Eliminate the MTSA Port Facility Exemption, July 2009 Issue (p.2)

  • MTSA Facility Security Plan Renewals Are Due on June 30 for Most Facilities, April 2009 Issue (p.3)

  • USCG Inspects Terminal Security Compliance, August 2004 Issue (p. 3)

  • Coast Guard Rejects Most Facility Security Plans, May 2004 Issue (p. 2)

  • Coast Guard Issues Final Maritime Security Rule, November 2003 Issue (p.2-3)

  • ILTA Submits Comments on Coast Guard’s Maritime Security Rule, July 2003 Issue (p.3)

  • US Coast Guard Issues Maritime Security Regulations, June 2003 Issue (p.3)

  • The Maritime Transportation Security Act of 2002, February 2003 Issue (p. 3-4)

 

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