Maritime Security Regulations News

With supply chain attacks on the rise, and nation-state attackers constantly looking for new ways to disrupt national security and economic stability, one of the most vulnerable areas is the security around our maritime operations. The Biden-Harris Administration's recent Executive Order to fortify the cybersecurity of U.S. ports underscores this concern, spotlighting the urgency of addressing vulnerabilities in a sector that drives over $5.4 trillion in economic activity annually.

It is expected that the USCG will begin stepping up compliance measures and holding companies more accountable to the codes and regulations of the Maritime Security Act of 2002 (MTSA). The anticipated actions by the USCG, combined with the current cost of normal security procedures, will make it increasingly more difficult for companies to balance compliance with manageable security budgets. In addition, companies that lack the knowledge and experience to maintain full compliance run the risk of compounding the cost burden with regulatory financial penalties. Complicating matters even further, affected U.S. companies must now also comply with the Safety and Security of Every Port Act (Safe Port) and the Transportation Workers Identification Credential (TWIC).

The U.S. Maritime Administration (MARAD) released its quarterly report on port and shipping safety and environmental protection. This report discusses the latest session of the IMO Marine Environment Protection Committee; the bill to reauthorize the Transportation Equity Act for the 21st Century (TEA-21); the Coast Guard’s interim maritime security regulations; and the OECD report on Security in Maritime Transportation.

The Office of Management and Budget (OMB) has cleared the U.S. Coast Guard final regulations on maritime security. These regulations are intended to replace the interim regulations published on July 1, 2003. This version will take into account comments submitted with regard to the interim regulations. The final regulations might be published as early as the end of this week, but more likely next week. Source: HK Law

By Dennis L. The U.S. Coast Guard issued its final regulations implementing the Maritime Transportation Security Act of 2002 (MTSA). These regulations replace the interim rules issued on July 1, 2003 and take into account comments received thereon. Few substantive changes, though, have been made. The majority of the changes are in the nature of clarifications. The submission date for security plans was changed from December 29 to December 31, 2003. Vessel and facility security plans must be in full effect not later than July 1, 2004. Various alternative security programs submitted by specialized industry groups were approved. Overall, the Coast Guard is to be congratulated for its development of a program for enhancing U.S.

The South Carolina Ports Authority (SCPA) amended its tariff for the Port of Charleston to add a Terminal Security Surcharge of $1.00 per lineal foot for ships and barges utilizing any terminal within the agency’s jurisdiction. The surcharge is intended to provide a partial offset to increased maritime security measures implemented by the agency, including measures mandated but not compensated by the Maritime Transportation Security Act of 2002. The tariff amendment ( which was issued on January 29) is shown as coming into effect on March 1, 2004, but there are indications that it might be delayed until July 1, 2004, when the USCG maritime security regulations come into effect. Charleston Tariff (Source: HK Law)

The U.S. Coast Guard issued a Notice stating that it has developed an Application for Continuous Synopsis Record (CSR) for U.S vessels. The application must be completed and submitted to the CSR Desk at the USCG National Vessel Documentation Center (NVDC). This submittal should be done promptly because, under both the SOLAS Convention and USCG maritime security regulations, affected vessels must have a CSR on board by July 1, 2004. Affected vessels are cargo vessels of 500 gross tons and over and passenger vessels that carry more than 12 passengers when either type vessel is engaged on an international voyage. The Coast Guard has also developed a form for Amendments to the CSR. 69 Fed. Reg. 9206 (February 27, 2004).

Port facilities and Shipping companies are rushing to comply with new international and national maritime security requirements. The ISPS (International Ship and Port Security) and the U.S. maritime security requirements mandate security assessments, plans and training of security personnel. The Maritime Institute of Technology (MITAGS) and its satellite school, the Pacific Maritime Institute (PMI) offer training for port facility, shipping company and ship security officers. MITAGS/PMI is now offering training for Maritime Security Professionals.The ISPS Code, the Maritime Transportation Security Act (MTSA) of 2002 and in the Code of Federal Regulations (CFR) mandate training for port facility personnel with specific security duties.

task of creating new rules and policies to protect the homeland. Security Act (MTSA) of 2002. including minimally regulated or previously unregulated entities. implementation and enforcement. inquiries from both the public and governmental entities. during the various phases of MTSA and ISPS implementation and enforcement. directory, e-mail and telephone.

The U.S. Coast Guard issued a Notice interpreting the phase “international voyage” for purposes of its maritime security regulations. For purposes of vessel security, the Coast Guard will consider that each voyage of a U.S. vessel originates at a port in the United States regardless of when the voyage actually began. Therefore, each U.S. vessel that otherwise meets the applicable tonnage requirements in SOLAS and is operating in waters of another country must meet ISPS requirements and obtain an International Ship Security Certificate (ISSC). This interpretation is effective immediately, but comments may be submitted on or before July 6, 2004. 69 Fed. Reg. 17927 (HK Law).

The U.S. Coast Guard issued Policy Guidance regarding use of the Alternative Security Program (ASP) for U.S. vessels subject to the ISPS Code. The guidance advises how to utilize the ASP while continuing to meet requirements of the ISPS Code. It also reminds operators of uninspected domestic vessels that the vessel security plan must clearly describe the security measures that will be employed during voyages to which the maritime security regulations are applicable. (HK Law)

The U.S. Coast Guard issued Policy Guidance regarding use of the Alternative Security Program (ASP) for U.S. vessels subject to the ISPS Code. The guidance advises how to utilize the ASP while continuing to meet requirements of the ISPS Code. It also reminds operators of uninspected domestic vessels that the vessel security plan must clearly describe the security measures that will be employed during voyages to which the maritime security regulations are applicable. (HK Law).

The U.S. Coast Guard issued voluntary screening guidance for owners and operators of vessels and facilities regulated under parts 104, 105, and 106 of the maritime security regulations. The guidance addresses screening of persons, cargo, vehicles, and baggage prior to allowing access to the vessel or facility. Details of the guidance are classified as security sensitive information (SSI) and will only be provided to those with a need to know. NVIC 06-04 (HK Law).

The U.S. Coast Guard issued a Press Release stating that it is rapidly preparing for the July 1 deadline for implementation of the maritime security regulations. Security plans have been received from 99% of U.S. vessels and facilities subject to the regulations. The agency will verify compliance with the corresponding international requirements by all foreign vessels calling in U.S. ports. Source: HK Law

This year, The American Waterways Operators (AWO), the national trade association for the tugboat, towboat and barge industry, celebrates its 60th anniversary. AWO members, representing the inland, coastal and harbor sectors of the industry, recently marked this milestone at its Spring Convention, recalling the reasons for the association's founding and recognizing the remarkable evolution of the industry over the past six decades. AWO was formed in 1944 in the midst of emerging regulations, priorities and demands for transportation during World War II. Today, AWO members account for 80 percent of the towing industry's active fleet.

Like most other tasks involving two or more parties, maritime security becomes less difficult if each party understands what the others are going to be doing. The method for achieving this understanding in the marine sector, under both the International Ship and Port Facility Security (ISPS) Code and the U.S. Maritime Transportation Security Act (MTSA), is by means of the Declaration of Security. Declaration of Security (DoS) is defined by the Safety of Life at Sea (SOLAS) Convention as "an agreement reached between a ship and either a port facility or another ship with which it interfaces, specifying the security measures each will implement". Maritime security regulations promulgated by the U.S.

operators. visa was still the reason why most foreign seafarers are denied shore leave. security-based obstacles to shore leave have not gone away. getting a U.S. visa is still an issue for many seafarers," said Douglas B. Stevenson, Esq., Director of SCI's Center for Seafarers' Rights. Transportation Security Act (mandatory as of 1 July 2004). conducted previous surveys in February 2003 and in October 2003. shore leave. crew detentions. reason. terminal operators denying shore leave to ships' crews. in being allowed to board cruise vessels. ships by representatives of seafarers' welfare organizations. Oceanport, DE City). security regulations, including shore leave denial, worldwide.

(C-TPAT) Program. validation audit, which can provide a host of benefits for customers. transfer of cargo from point of origin loading to delivery destination. Customs targeting and inspection of their shipments upon arrival in U.S. Ports. move to the head of the line for inspection scheduling. preference in restarting trade operations. Commissioner Robert Bonner. sector partnership program between U.S. worldwide supply chain. program's inception. threat awareness and personnel background clearances and identification. years," said Ed Alford, Crowley's Director of Security. security standards in the industry. manufacturers. validated. years. recognized by Customs. international operation areas. security regulations.

The Seamen's Church Institute's Center for Seafarers' Rights is actively promoting a single internationally developed seafarers' identity card. Currently, seafarers entering U.S. in most countries. These U.S. whose security procedures may deny shore leave to all crew members. League City Texas, Douglas B. organizations. "Clearly our reliance on visas did not protect us from the 9-11 attacks. need new tools to respond to these new threats," said Mr. Stevenson. card. Organization (ILO), which already had a convention on this topic. adopt a Protocol to the Seafarers' Identity Documents Convention next June. cards hold a lot of promise. and internationally acceptable identification card," said Mr. attended recent IMO and ILO meetings. Early in October 2001, the U.S.

On July 1, 2003 the Coast Guard published in the Federal Register the long anticipated regulations concerning maritime port and vessel security. This is a major rulemaking printed in seven separate individual rulemakings. These rulemakings concern compliance with provisions of the Maritime Transportation Security Act of 2002 (MTSA) and implementation of the International Maritime Organization's (IMO's) International Ship and Port Facility Security (ISPS) Code. The regulations incorporate the ISPS Code into the domestic maritime trade. The ISPS Code applies to all port facilities and vessels (MODUs, cargo & passenger vessels subject to SOLAS) in international trade. Any vessel not on the above list must still comply with the new security provisions of 33 CFR Parts 101 and 103.

Navigating through U.S. By Dennis L. Holland & Knight, Washington, D.C. The U.S. Maritime Transportation Security Act (MTSA) imposes various maritime security requirements on operating in waters subject to the jurisdiction of the United States. Maritime security regulations promulgated by the U.S. Coast Guard implement some (but not all) of the MTSA requirements and impose some additional requirements. In other words, Congress has imposed various requirements on the owners and operators of ships navigating waters of the United States and the U.S. Coast Guard has not provided full guidance on how to comply with those legislative mandates.

"An excellent and useful presentation. The program provided the high level information I needed to further my understanding of the new security regulations as they are currently written," said Tom Smith, VP Human Resources, QI & CSO, Canal Barge Company, Inc. Mr. Smith's comments were taken following the first of a series of seminars designed to explain the new Coast Guard Maritime Security regulations, published July 01, 2003, which was held at the New Orleans Airport Hilton Hotel on Tuesday, July 22, 2003. The seminar was co-sponsored by the Havnen Group of New Orleans, well known maritime consultants and The Maritime Group of New York, publishers of Maritime Reporter and Engineering News, Marine News, the Marine Security Sourcebook and marinelink.com .

The U.S. Coast Guard released its annual Port State Control Report for calendar year 2004. During the year, 7,241 individual foreign ships made 72,178 calls at U.S. ports. The Coast Guard conducted 11,054 safety examinations of these ships. The detention level of 2.43% was higher than 2003, but lower than 2002. During the six month period in which the maritime security regulations were in force during the year, the agency conducted 6,087 security inspections, but detained, denied entry to, or expelled only 92 ships.