Noteworthy Developments

January 2, 2004: Security Plan Deadline Submission Passes

The USCG is reporting that about 5,000 vessels and 4 out of every 5 port facilities failed to submit the required security plans by December 31.  This is a big deal, as it is a Class D felony under federal law to not submit the mandated plan in a timely manner.

Is your US flag vessel or facility located in the United States in violation of the Maritime Transportation Security Act of 2002? 

Who was required to submit a security plan by the end of the year:

Vessels (per 33 CFR 104.105): [Self-propelled] Mobile Offshore Drilling Unit (MODU), cargo, or passenger vessel subject to the International Convention for Safety of Life at Sea, 1974, (SOLAS), Chapter XI; Foreign cargo vessel greater than 100 gross register tons; Self-propelled U.S. cargo vessel greater than 100 gross register tons subject to 46 CFR subchapter I, except commercial fishing vessels inspected under 46 CFR part 105; Vessel subject to 46 CFR chapter I, subchapter L; Passenger vessel subject to 46 CFR chapter I, subchapter H; [Any] passenger vessel certificated to carry more than 150 passengers; Other passenger vessel carrying more than 12 passengers, including at least one passenger-for-hire, that is engaged on an international voyage; Barge subject to 46 CFR chapter I, subchapters D or O; Barge subject to 46 CFR chapter I, subchapter I, that carries Certain Dangerous Cargoes in bulk, or that is engaged on an international voyage; Tankship subject to 46 CFR chapter I, subchapters D or O; and Towing vessel greater than eight meters in registered length that is engaged in towing a barge or barges subject to this part, except a towing vessel that— Temporarily assists another vessel engaged in towing a barge or barges subject to this part; Shifts a barge or barges subject to this part at a facility or within a fleeting facility; Assists sections of a tow through a lock; or Provides emergency assistance.

Port Facilities (per 33 CFR 105.105): [Commercial port] facility subject to 33 CFR parts 126, 127, or 154; Facility that receives vessels certificated to carry more than 150 passengers, except those vessels not carrying and not embarking or disembarking passengers at the facility; Facility that receives vessels subject to the International Convention for Safety of Life at Sea, 1974, chapter XI; Facility that receives foreign cargo vessels greater than 100 gross register tons; Facility that receives U.S. cargo vessels, greater than 100 gross register tons, subject to 46 CFR chapter I, subchapter I, except for those facilities that receive only commercial fishing vessels inspected under 46 CFR part 105; or Barge fleeting facility that receives barges carrying, in bulk, cargoes regulated by 46 CFR chapter I, subchapters D or O, or Certain Dangerous Cargoes.

While there are some exceptions for certain types of offshore oil facilities, if you do not have something in writing (signed) by the USCG that it does not apply to your facility, you may be in violation.  There are several vessels and facilities using USCG-approved Alternate Security Plans (ASPs), such as those submitted by American Waterway Operators (AWO), Greater New Orleans Barge Fleeting Association (GNOBFA), National Association of Passenger Vessel Operators (NAPVO), or some other ASP. 

What to do if you think you may be in violation.  You can contact your local USCG Marine Safety Office or ask for assistance from the Havnen Group. In most, cases there would be no charge for our opinion.

If you determine that you should have submitted a security plan to the USCG, you should advise them in writing that you are currently developing one and will submit it within the next several weeks.  It is essential that you take steps to mitigate the violation as soon as possible.

The Havnen Group can assist you with this process if you need help.

December 19, 2003: New NVICs Published

Important documentation regarding maritime security was published, focusing on many facets of the subject.  See our Links Page for more detail, as well as a more comprehensive way to view the documents than is available at the link above.

December 31, 2003: Security Plan Deadline Submission Approaches

The deadline for submission of Vessel and Facility Security Plans to the USCG.  It is our understanding that the Coast Guard may be contracting with outside agencies to ensure uniform and timely review of all Security Plan submissions.

Vessel Security Plans should be submitted to:

Commanding Officer

Marine Safety Center

400 Seventh Street SW

Room 6302

Washington, DC  20590-0001

Facility Security Plans are to be sent to your local Captain of the Port (COTP).

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