However, according to 33CFR105.200 (b)(7) – the facility owner or operator must ensure that restricted areas are controlled and TWIC provisions are coordinated, if applied to such restricted areas. [emphasis added]
INTERPRETATION: This tells us that if a portion of your Secure Area is also a Restricted Area, e.g. a Secure/Restricted Area, TWIC provisions must be coordinated.
Join us this month while we review these regulatory definitions and how they apply to your facility. Suggested Reading - National Maritime Security Initiatives , 33 CFR 101.105 and 33 CFR 105.200.
Last week we reviewed the regulatory definitions of Secure Areas and Restricted Areas. Now let’s look at guidance provided by the Coast Guard. NVIC 03-07 GUIDANCE FOR THE IMPLEMENTATION OF THE TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL (TWIC) PROGRAM IN THE MARITIME SECTOR issued July 2, 2007 provides additional information regarding these designations in Paragraph 5; which states:
- The term “secure area” is defined as “the area over which the owner/operator has implemented security measures for access control in accordance with their security plan.” The terms “secure area” and “restricted area” have different definitions and purposes. Regulations at 33 CFR 101.105 define restricted area as “a location requiring a higher degree of security protection” which is used in a number of regulatory requirements. A secure area covers a broader space encompassing restricted areas and includes everything within an access control boundary, as defined in existing security plans. For facilities, the secure area encompasses the entire facility footprint as described in their currently approved facility security plan, with the exception of public access areas and those facilities with significant non-maritime transportation portions who submit an amendment to redefine their secure area. All of these provisions are explained in Enclosure (3) (section 3.3 b) [which follows].
- 3.3 b Secure Areas
(1) A key element of the TWIC Program is the definition of the secure area. A secure area is defined as “the area over which an owner/operator has implemented security measures for access control.” For facilities, the secure area is the entire area within the outer-most access control perimeter of a facility, with the exception of public access areas, and encompasses all restricted areas, with the exception of paragraph 3.3 b (3) below. The secure area is bound by the fence line, gates, waterfront, and other means that provide access control to the area. The secure area is the area regulated by 33 CFR Part 105 and is encompassed by the currently approved security plan.
(2) The terms “secure area” and “restricted area” do not mean the same thing. The restricted area is already defined in 33 CFR Parts 101-106 as “the infrastructure or locations identified in a facility security assessment or by the operator that require limited access and a higher degree of security protection.” (33 CFR 101.105) Additionally, reference (a) spells out certain areas within facilities that must be included as restricted areas (see 33 CFR 105.260). Restricted areas of a facility present a heightened opportunity for a TSI. By virtue of the fact that the secure area encompasses the entire facility or vessel, restricted areas fall within this perimeter.
(3) Facilities with a significant non-maritime transportation portion may submit an amendment to their FSP to request to redefine their secure area to include only the maritime transportation portion of the facility. During this redefinition process, some restricted areas may be eligible for placement outside of the new secure area [emphasis added] depending on their type. (see discussion in section 3.4) …which states in 3.4.a. (3) Some restricted areas may be authorized to lie outside the secure area if owners/operators can demonstrate that they do not directly support or interface with the maritime transportation related portions of the facility. The Coast Guard will generally consider that the following restricted areas have a maritime transportation nexus and should always be included in the secure area:
(a) Shore areas immediately adjacent to each vessel moored at the facility
(b) Areas designated for loading, unloading or storage of cargo and stores*
(c) Areas containing cargo consisting of dangerous goods or hazardous substances, including certain dangerous cargoes*.
*However, in some cases, tank farms or cargo storage areas directly support both maritime transportation and industrial processes (e.g. a coal pile supplied by vessel and consumed in a power plant or a tank farm storing product refined onsite intended for shipment by a vessel). In determining whether these directly support or interface with the maritime transportation portion of the facility, owners/operators should consider the following: risk of a TSI, proximity to vessels and the waterfront, and hazards of cargo. The Coast Guard expects that cargo storage areas near vessels or the waterfront will be included in the secure area, regardless of whether or not they also serve an industrial purpose.
This is the reason why your Seebald & Associates’ prepared FSP may use the terms Restricted Area, Secure Area, and Secure/Restricted Area.