Many Facilities and Vessels Have Not Yet Submitted Their Security Plans to the Coast Guard
In October 2003, the Coast Guard issued six final rules which adopted, with changes, a series of July 2003 interim rules that promulgated maritime security requirements mandated by the Maritime Transportation Security Act of 2002 (MTSA).
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Among other things, these regulations required the owners and/or operators of over 10,000 vessels and 5,000 facilities to develop and implement security plans. These security plans were required to be submitted to the applicable authority on or before December 31, 2003.
However, Coast Guard sources state that as of January 21, 2004 they have not received approximately 25% of the required vessel security plans and 50% of the required facility security plans. (These sources explain that these statistics are approximations because some security plans have been submitted to field offices and contractors and have not yet been received by Coast Guard Headquarters.)
Coast Guard May Assess Civil Penalties for Failure to Submit Security Plans
Sources explain that while the Coast Guard is continuing to reach out to those entities that are required to submit vessel and facility security plans, it may issue civil penalties of $25,000 for each instance in which a security plan was required but not submitted.
As of January 21, 2004, the Coast Guard had issued no such penalties for delinquent submissions. However, sources state that the Coast Guard has the authority to assess these civil penalties on or after January 1, 2004 and could begin doing so at any time. These sources suggested that any security plans that have missed the December 31, 2003 deadline be submitted as soon as possible.
Highlights of Vessel and Facility Security Plan Requirements
According to the Department of Homeland Security (DHS), vessel and facility security plans required by MTSA may include passenger, vehicle, and baggage screening procedures; security patrols, establishing restricted areas; personnel identification procedures; access control measures; and/or installation of surveillance equipment.
The Coast Guard's regulations concerning vessel security plans are set forth in 33 CFR 104.400-415 and include information on the format of the vessel security plan, submission and approval of the plan, amendment and audit of the plan, etc.
The Coast Guard's regulations at 33 CFR 5.400 and 105.405-415 contain general information on the facility security plan, as well as the format and content of the plan, information on submission and approval, amendment and audit of the plan, etc.
(See ITT's Online Archives or 10/24/03 news, 03102420, for BP summary of the Coast Guard's six final rules.)
DHS Information on MTSA Requirements available at http://www.uscg.mil/news/Headquarters/MTSAPressKit.pdf
Coast Guard final rule on vessel security (FR Pub 10/22/03) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/pdf/03-26347.pdf
Coast Guard final rule on facility security (FR Pub 10/22/03) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/pdf/03-26348.pdf