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Port Security Rules – Who Will Be Impacted Most?A Company’s survival may depend on its ability torapidly comply with the new standards(May, 2003) If the US governmental timetable is to be kept, the Coast Guard’s new Port Security Regulations will be published very close to July 1, 2003. This is at least in part because of the statutory mandates in the Maritime Transportation Security Act of 2002, in combination with the International Maritime Organization’s (IMO’s) implementation schedule for the and the International Ship and Port Facility Security (ISPS) Code and the Automated Identification System (AIS) requirements which are both July 1, 2004. The USCG has repeatedly stated that the ISPS Code will be applied domestically as well as making Part B mandatory to all ships that call on the US. It is expected that the mandatory application dates will be the same both domestically and internationally. For all this to happen, the USCG Security Regulations must be on the street by July 1, 2003. If the regulations are published on or before July 1, 2003, by law, industry will have 6 months to submit required material to the USCG and the USCG has 6 months to approve all the plans. The MTSA mandates that all operating vessels and facilities have approved plans and have all plant modifications complete and be operating in accordance with those plans within 1 year of publication of the Interim Final Regulations. The Coast Guard has stated that the new regulations will include the ISPS Code for domestic vessels and facilities as well as those engaged in international trade. From what has been seen over the past several months, the USCG is incorporating the ISPS Code into the basic regulations. Who must comply · All SOLAS vessels on an International Voyage o Vessels >500 Gross Tons o All passenger vessels o Self-propelled MODUs · All facilities that service o All vessels carrying Certain Dangerous Cargoes (CDCs) o Foreign vessels · Vessels o All vessels carrying dangerous cargoes (not CDCs) o All passenger vessels on an International Voyage o All domestic passenger vessels carrying over 149 passengers o Towboats over 600 horsepower o All inspected tank vessels o All inspected barges o All inspected freight or cargo vessels · All MODUs & Deep Water Production Units (regardless of propulsion) What does this mean to a vessel or port facility operator to whom these regulations apply? · An ISPS Code type organizational overlay from SOLAS, Chapter XI-2 and Part A will be applied to SOLAS vessels and will also be integral with USCG regulations applicable to domestic vessels, · Part B of the ISPS Code, recommended guidance for application of the Code is mandatory for all vessels calling on US and will also be integral within USCG regulations applicable to domestic vessels, Note: We do not yet know the details of that integration. It will include at least the philosophy of the regulations and may include much of the detail of the ISPS Code including the code itself as well as Part B. · Risk assessments must be performed, · Security plans must be developed and approved by the USCG (maybe not for foreign flag vessels with ISPS Code Certificates) · Physical security must be enhanced, · Incident response plans must be developed and approved by the USCG None of this is rocket science. Most dedicated company security managers should be able to handle it in a pinch with some training and shifting of mind set. The current onslaught is much like that engendered by the Oil Pollution Act of 1990 (OPA ’90). Many can recall that there were great cries from many of us as to how impossible it was to comply with government anti-pollution demands. Here we are 13 years later and OPA ‘90 requirements are accepted as a normal cost of business and are well understood by the regulated industry. The same will no doubt happen with security issues. Company cultures will have to shift somewhat to accommodate the new reality. Current company personnel can readily perform many or all of the mandated tasks with a bit of insight and knowledge as to what the government is demanding. Money will have to be expended for the increased security personnel and plan modifications. Training is the tool that will facilitate the transition. Training of managers, security personnel, and all individuals and companies that interface with vessels and port facilities will make institutional and company survival possible. Publicly, we are getting mixed signals from the USCG. They are stating on one hand that the new rules will include performance standards and be proportional to the risk, with focus or emphasis on high population areas. Local input and control is supposedly the watchword, and yet, national policies will be uniformly applied around the country. How can this be done with the ever understaffed USCG? How can one have central control and local control at the same time? To further confuse the issue, the USCG is telling all who will listen that the new rules will be substantially identical to the voluntary standards published as Navigation and Vessel Circulars. These guidelines are at least somewhat onerous and include no performance standards or proportionality to risk. Philosophically, they tend to make all facilities look like military bases, with at least somewhat commensurate costs. There is no question that we are cursed with living in interesting times. Charley Havnen is a Commander USCG Ret. His organization can help you with your vessel construction project, regulatory problems, vessel manning issues, procedure manuals, accident analysis or serve as an expert witness. His organization can do what you can’t or don’t want to do, and are online at http://www.havnengroup.com. He can also be reached by contacting the Havnen Group in New Orleans: (800) 493-3883 or (504) 394-8933, fax: (504) 394-8869. |
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