America’s economic strength is dependent on freedom of the seas as well as an efficient system of ports and waterways for commercial movement of people, cargo, and conveyances. The United States has the largest system of ports, waterways, and coastal seas in the world, which includes some 95,000 miles of coastline. The U.S. Marine Transportation System (MTS) contains 26,000 miles of commercial waterways that serve 361 ports; 3,700 marine terminals (ranging from marinas to mega-ports); and 25,000 miles of navigable channels. The system also includes more than 1,500 miles of international maritime border with Canada, connecting population centers to the Atlantic Ocean through the Great Lakes and the St. Lawrence Seaway System.

The individual security plans are not approved at Coast Guard Headquarters in Washington, D.C. Facility security plans are submitted to the captain of the port (COTP), who is in the best position to review the plan. Facility security plans are submitted to and approved by the service’s COTP. The COTP is responsible for ensuring regulatory compliance by vessels and facilities operating within his/her area of responsibility. Local Coast Guard personnel are familiar with each facility and how their operations affect the safety and security of the maritime environment as a whole. With the local sector or marine safety unit, the COTP is familiar with the area, the geography, the traffic and the commerce, and the environment.

The “Commandant’s Strategic Intent 2015-2019” states, “Over 90 percent of global trade travels through maritime conveyance, making the safety, security, and environmental stewardship of the MTS a national security and economic imperative.”

The Maritime Transportation Security Act of 2002 (MTSA) calls for vulnerability assessments and security plans for vessels and port facilities, and establishment of Area Maritime Security Committees (AMSCs) for ports to coordinate security so that America’s oceans and sea ports can continue to be gateways for economic growth, opportunity, and prosperity.

Dedicated professionals at U.S. Coast Guard Headquarters and in the field ensure that the requirements of MTSA are met.

 

Plan for success

While safety is always emphasized, Betty McMenemy, a marine transportation specialist at U.S. Coast Guard Headquarters, said her job’s main focus is to look at security in support of MTSA. “Facilities and vessels have to adhere to rules of MTSA, and the cornerstone is the security plan. Plans have to specify security measures for access control, and how you will keep unauthorized people out.”

McMenemy said the standards are not prescriptive. “Facilities tell us what they’re going to do, and, based on operations and location, the Coast Guard can approve.”

Each facility is different. Some cruise terminals have thousands of incoming and outgoing passengers and crewmembers passing through every day. Others are not much more than a shack on the dock selling trinkets, T-shirts, and tickets.

Not every cruise terminal is like Miami, Florida; not every ferry terminal is like Staten Island, New York; and not every cargo terminal is like Los Angeles or Long Beach, California. “That’s why the rules are not prescriptive. When we review the security plan, we want to know how they will protect their perimeter, restricted areas, and critical infrastructure like cargo-handling equipment, power, and potable water supplies.

“We approve the plan, or work with them until they are compliant,” she said. “I’m proud to say that we have a really good working relationship with industry.

“A lot of agencies work from the top down,” McMenemy said. “We work from bottom up.”

The individual security plans are not approved at Coast Guard Headquarters in Washington, D.C. Facility security plans are submitted to the captain of the port (COTP), who is in the best position to review the plan. Facility security plans are submitted to and approved by the service’s COTP. The COTP is responsible for ensuring regulatory compliance by vessels and facilities operating within his/her area of responsibility. Local Coast Guard personnel are familiar with each facility and how their operations affect the safety and security of the maritime environment as a whole. With the local sector or marine safety unit, the COTP is familiar with the area, the geography, the traffic and the commerce, and the environment.

 

According to Mark Dubina, vice president of security for Port Tampa Bay, the plan process encourages plan holders to customize protection options that best suit the needs of the facility, while creating meaningful protective measures. “Ports contain a multitude of diverse port industries that cover all types of maritime businesses, from cruise terminals to container facilities, and all types of bulk products. The plan process allows flexibility in each situation, allowing each port to maximize efficiencies and deploy innovative solutions.”

 

Alternative Security Programs

But there are Alternative Security Programs, or ASPs, that provide a sort of blanket coverage for groups. For example, industry associations such as the Passenger Vessel Association (PVA) and American Chemistry Council (ACC) have developed plans that cover their broad membership so that each member organization doesn’t have to create an individual plan.

If the commandant approves an ASP for a group of vessels, such as those that belong to an organization like the PVA, “Their members can use the ASP and fill in the necessary information so the security program becomes vessel specific,” McMenemy said.

The company doesn’t have to write the plan, and the COTP doesn’t have to go through a line-by-line review process. More vessels are covered by the various ASPs offered through their respective associations than those with individual security plans. There are about 3,300 vessels with individual security plans, and approximately 7,200 covered under an ASP.

 

 

PVA members include owners and operators of dinner cruise vessels, sightseeing and excursion vessels, car and passenger ferries, gaming vessels, private charter boats, whale watching and eco-tour vessels, day sailers, and windjammer sailing vessels, overnight cruise ships, and amphibious vessels. PVA members operate U.S. Coast Guard certificated, as well as Canadian Coast Guard or state-inspected vessels. The passenger vessel industry safely carries more than 200 million passengers each year, according to the PVA.

To be MTSA compliant, PVA members can write and implement an individual security plan and have it approved by the Coast Guard, or, said PVA’s Jen Wilk, director of public affairs, security, and development, they can use an already-developed and approved industry-wide alternative. “The Alternate Security Program, developed by the Passenger Vessel Association and approved by the Coast Guard, provides a comprehensive and well-established means of compliance for those domestic passenger vessels, small passenger vessels, and facilities subject to maritime security requirements.”

Compliance with the PVA program meets all the security requirements as an approved alternative under Title 33 Code of Federal Regulations parts 101, 104, and 105. “PVA members with a vessel with a passenger capacity of 151 or more may elect to satisfy the requirement to implement a vessel and/or facility security plan using the PVA program,” Wilk said.

PVA’s ASP is an important tool to help members meet their security requirements, and Wilk said PVA members in good standing can use this exclusive benefit as a formal security program that meets the functional requirements of the MTSA and its implementing regulations. This ASP addresses security for both vessels and facilities.

“Passenger vessel operators take security seriously, and ensure that there are robust security measures in place. PVA’s ASP provides a comprehensive framework for security procedures while at the same time allowing companies the flexibility to address the unique features of their operations and make the program their own,” she said.

“PVA’s ASP was developed by PVA member volunteers with years of operations experience. Our ASP is pre-approved by Coast Guard Headquarters, and members do not need to undergo the challenges of creating their own individual program and subsequently having it approved – especially when it’s time for revisions and renewal every five years,” she said.

Wilk said PVA works with the Coast Guard to update the ASP in advance of its regular five-year renewal to make appropriate revisions and federal security policy changes, such as the recent Transportation Worker Identification Credential (TWIC^®) reader requirements.

“Most facilities include a fenced security perimeter surrounding the plant, which is considered the restricted area for regulatory purposes, with discrete access points that are effectively monitored and managed to safely control who and what can be allowed to enter and leave the facility. Personnel access is tightly controlled and restricted to only those who have been authorized for entry, possess a current Transportation Worker Identification Credential or who are escorted by security personnel.”

PVA communicates with Coast Guard leadership through quality partnership meetings and ASP sponsoring-organizations’ group meetings. PVA also meets regularly with the Transportation Security Administration (TSA). “PVA appreciates the open dialogue we have with the Coast Guard,” Wilk said.

 

Formula for Success

Transporting chemicals is a significant business for oceangoing carriers, inland barge operators, and other water freight transportation companies. “The chemical industry conducting port operations must comply with the MTSA, and implement rigorous security measures to prevent unauthorized access to restricted areas within covered facilities, such as the loading dock. Such security measures employed include access control, background checks, fencing, monitoring, and security guard patrols,” said Bill Erny of the ACC.

In addition to MTSA, the ACC has imposed its own Responsible Care® Security Code, which mandates an additional layer of security and third-party auditing for members. “Both programs together ensure an effective approach to protecting the maritime environment from [an] intentional act of terrorism and other types of criminal behavior to prevent the disruption in the flow of marine commerce,” said Erny.

Because MTSA allows for regulated facilities to implement an alternative security program in lieu of submitting a facility security plan (FSP) to the local COTP, Erny said the ASP is a highly effective and efficient means to comply with Coast Guard security regulations using a sector approach. “In this case, ACC members can opt to comply with the chemical sector ASP that addresses security practices common to chemical plant operations. This approach focuses regulatory requirements that are common to the chemical sector, providing for an efficient process that minimizes duplication and enhances clarity during implementation.”

Port security begins with the people in the port.Transportation Worker Identification Credential cards are issued to personnel who work in or bring vehicles or vessels in and out of ports, based upon successfully completing a common vetting process. The TWIC card access control is required to be compliant with the Maritime Transportation Security Act of 2002 .

Since ASPs are developed by the private sector in cooperation with the Coast Guard, Erny said the requirements can be updated more frequently to keep pace with the changing security environment. “For example, ACC is finalizing the third edition of the chemical sector ASP. When approved, the new third edition will include a new section on cybersecurity.”

Across the industry, Erny said chemical facilities that operate at the port have numerous aspects in common. “Most facilities include a fenced security perimeter surrounding the plant, which is considered the restricted area for regulatory purposes, with discrete access points that are effectively monitored and managed to safely control who and what can be allowed to enter and leave the facility. Personnel access is tightly controlled and restricted to only those who have been authorized for entry, possess a current Transportation Worker Identification Credential or who are escorted by security personnel.”

Erny said the chemical industry has a very good relationship with the U.S. Coast Guard, starting at the local level with the COTP. “We take our security responsibilities under MTSA very seriously – it’s an integral part of safe marine commerce. Our ability to move chemical products in bulk through the inland waterways and along the coastal system is crucial to our nation’s economy, our standard of living, and to the well-being of our communities. To do this effectively, it takes a collaborative approach between the chemical industry and the U.S. Coast Guard. This can be evidenced through the development and effective implement of the ACC Alternative Security Program.”

 

TWIC

Port security begins with the people in the port. TWIC cards are issued to personnel who work in or bring vehicles or vessels in and out of ports, based upon successfully completing a common vetting process. The TWIC card access control is required to be compliant with MTSA.

According to Lt. Cmdr. Brett Thompson, who is in charge of TWIC implementation, the TSA issues the card following a verification of an individual’s background. “The Coast Guard is responsible for enforcement of facilities and vessels to incorporate TWIC as part of their access control measures under MTSA.”

Security plans for vessels and facilities must be reviewed and approved every five years to ensure they are current and compliant. If a facility or vessel is subject to MTSA, then it’s subject to TWIC.

“We conduct random checks to make sure the correct processes are in place for access control,” Thompson said.

A recently promulgated rule requires owners and operators of certain vessels and facilities regulated by the Coast Guard to conduct electronic inspections of TWICs as an access control measure. The new rule requires electronic inspection of the TWIC credentials, to include biometrics, to verify people for access at designated high-risk MTSA-regulated vessels and facilities.

According to Cmdr. Frances Fazio, chief of the Cargo and Facility Division, “There are 525 facilities and one vessel designated as part of ‘Risk Group A,’ which come under the ruling. Risk Group A encompasses facilities that handle certain dangerous cargoes [CDCs] in bulk, receive vessels that carry CDC in bulk, or receive vessels that carry more than 1,000 passengers. Additionally, Risk Group A encompasses vessels that carry CDC in bulk, certificated to carry more than 1,000 passengers, or vessels engaged in towing either of the above.

“For those facilities with an existing physical access control system, they will need to incorporate certain requirements explained in the rule-making into their existing system to be compliant,” Fazio said.

The TWIC reader rule builds upon existing regulations designed to ensure that only individuals who hold a valid TWIC are granted unescorted access to secure areas of Coast Guard-regulated vessels and facilities.

“TWIC is a huge part of port security and it goes hand in hand with security plans and programs,” McMenemy said.

 

FEMA Port Security Grant Program

A number of facilities have procured necessary security equipment and systems using Federal Emergency Management Agency (FEMA) port security grants. Many facilities in lower risk groups already have the equipment, although lower risk-group vessels and facilities may continue to verify TWIC visually.

For example, Port Everglades, Florida, has a very short approach from the sea buoys to the dock. While that can be efficient, it also means that there are short reaction times to respond to potential threats.

The FEMA Port Security Grant Program has helped ports make tangible improvements to their security. “The Port Security Grant Program has funded patrol vessels, video surveillance and access control systems, TWIC readers and infrastructure, sonar equipment, cybersecurity assessments, and numerous other projects to enhance maritime domain awareness and improve response and mitigation capabilities of first responders,” said John N. Young, director of Freight and Surface Transportation Policy for the American Association of Port Authorities (AAPA).

“Seaports are the international borders and gateways to America. That’s why AAPA is concerned that drastic cuts in recent years to the Federal Emergency Management Agency’s preparedness grant programs, and in particular to the Port Security Grant Program, threaten the ability of our nation to maintain or expand our current level of security,” Young said.

 

Area Maritime Security Committees

Cmdr. Nicholas Wong is the Coast Guard’s chief of Domestic Ports Division and the program manager for the AMSCs. As the local Federal Maritime Security Coordinator (FMSC), the COTP chairs the AMSC. There are 43 COTP zones, and each has an AMSC. Working together, the AMSC develops the overall security plan for that region.

The committees assist and advise the FMSC in the development, review, and implementation of a coordination and communication framework to identify risks and vulnerabilities in and around ports. Additionally, AMSCs coordinate resources to prevent, protect against, respond to, and recover from security incidents.

In addition to the Coast Guard, AMSC membership includes other federal, state, local, tribal, and commercial entities. “The AMSC fosters relationships and partnerships at the local level,” said Wong.

The AMSC brings key stakeholders together to create a true partnership to ensure the safe, secure, environmentally responsible, and efficient operation of the Marine Transportation System in that area. As an enterprise, the MTS encompasses more than a port itself, but also includes the waterways, roads, rails, and other intermodal landside connections that move people and goods to, from, and on the water.

According to Wong, collaborative planning, coordination, open lines of communication, working relationships, and unity of effort are essential to providing layered security and effective measures across all segments of the MTS.

“Everyone benefits from the marine transportation system,” said Wong. “In my position, I see the big picture of the intricacies, and the cause-and-effect relationships. It’s all interdependent, so we work together to ensure the MTS is safe, secure, and environmentally responsible. There are so many moving parts, and there [are] so many second- and third-order effects to everything that happens. Working with the partners at the different levels is the most fulfilling part of the job,” he said.

Stakeholder membership and participation is voluntary. While the Coast Guard has a leadership role, Wong said industry’s role is equally important as many of the problems identified and solutions proposed come from industry. “They can inform us of what works best,” said Wong.

“The AMSCs foster partnership by identifying shared concerns and collaborating to reach a common consensus on strategies and goals,” said Dubina. “Face-to-face meetings create trust and familiarity among diverse groups and disciplines.

“The partnerships between federal, state, and local authorities foster … the AMSCs and regular joint training opportunities act as a force multiplier that magnifies and enhances the Coast Guard’s unique powers and expertise,” Dubina said.

 

Ed Alford, director of corporate security for Jacksonville, Florida-based Crowley Maritime, said his company is an active participant in the local AMSCs. Having industry partners on the water and the waterfront helps with safety and security. “We have [a] good understanding of what’s normal, and what isn’t,” Alford said.

For example, Port Everglades, Florida, has a very short approach from the sea buoys to the dock. While that can be efficient, it also means that there are short reaction times to respond to potential threats. “Everyone has to be vigilant,” said Alford.

Alford said the AMSCs help industry learn about trends that can affect their business, such as narcotics trafficking routes or locations where stowaways are coming aboard vessels bound for the United States. They also share information about new vessels, port facilities, or regulations that have an impact on their operations. Trusted members of the AMSC may also be briefed on highly sensitive information from law enforcement or intelligence sources.

Whether his company is dealing with security of vessels or ports, Alford said the Coast Guard team is superb. “They have a real tough job. South Florida is a busy maritime environment, with fishing, cruise, cargo, pleasure boaters, natural disasters, and crime. Everything is coming at you. The Coast Guard people we deal with are ultra-professional. They know their stuff. It makes the whole community stronger.”

A key strength in the maritime community is the seasoned veterans, said Alford. “There are a lot of knowledgeable and experienced people you can turn to.”

The key, Wong said, is to have the right people working with each other. “Fortunately, we have a lot of very experienced people who know how to work with the right partners at all levels.”

This article was first published in Coast Guard Outlook 2016-2017 Edition.