The Specific Roles and Responsibilities of Owners & Operators of Regulated Maritime Transportation Security Act for 33 CFR Part 105 Facilities

 

What are the specific duties and responsibilities of MTSA 33 CFR Part 105 Facility Owners and Operators?

33 CFR Part 105 Subpart B – Facility Security Requirements, outlines and describes the roles and responsibilities of owners and operators of 33 CFR Part 105 Facilities. 

As mentioned in the previous blog, the absolute responsibility for a regulated facility’s security management regime starts and ends with the owners and operators.  While 33 CFR Part 105 Subparts B, C and D sections are most familiar to Facility Security Officers (FSO), 33 CFR Part 105 Subpart B – Facility Security Requirements, identifies more specific requirements that owners and operators are responsible for.  Subpart B also addresses the knowledge, training and experience requirements for Facility Security Officers, Maritime Personnel with Security Duties and All Other persons who work at the facility.  For this blog we are focused on owners and operators of 33 CFR Part 105 Facilities and the specific roles and responsibilities of owners and operators are listed below:

  • Each facility owner or operator must ensure that the facility operates in compliance with the requirements of Subpart B.
  • For each facility, the facility owner or operator must:
    1. Define the security organizational structure and provide each person exercising security duties and responsibilities within that structure the support needed to fulfill those obligations;
    2. Designate, in writing, by name or by title, a Facility Security Officer (FSO) and identify how the officer can be contacted at any time;
    3. Ensure that a Facility Security Assessment (FSA) is conducted;
    4. Ensure the development and submission for approval of an FSP;
    5. Ensure that the facility operates in compliance with the approved FSP;
    6. Ensure that the TWIC program is properly implemented as set forth in Subpart B, including:
      • Ensuring that only individuals who hold a TWIC and are authorized to be in the secure area in accordance with the FSP are permitted to escort;
      • Identifying what action is to be taken by an escort, or other authorized individual, should individuals under escort engage in activities other than those for which escorted access was granted; and
      • Notifying facility employees, and passengers if applicable, of what parts of the facility are secure areas
      • Identifying what action is to be taken by an escort, or other authorized individual, should individuals under escort engage in activities other than those for which escorted access was granted; and
      • Notifying facility employees, and passengers if applicable, of what parts of the facility are secure areas and public access areas, as applicable, and ensuring such areas are clearly marked.
    7. Ensure that restricted areas are controlled, and TWIC provisions are coordinated, if applied to such restricted areas;
    8. Ensure that adequate coordination of security issues takes place between the facility and vessels that call on it, including the execution of a Declaration of Security (DoS) as required by Subpart B;
    9. Ensure coordination of shore leave for vessel personnel or crew change- out, as well as access through the facility for visitors to the vessel (including representatives of seafarers’ welfare and labor organizations), with vessel operators in advance of a vessel’s arrival. In coordinating such leave, facility owners or operators may refer to treaties of friendship, commerce, and navigation between the U.S. and other nations;
    10. Ensure, within 12 hours of notification of an increase in MARSEC Level, implementation of the additional security measures required for the new MARSEC Level;
    11. Ensure security for unattended vessels moored at the facility;
    12. Ensure the report of all breaches of security and transportation security incidents to the National Response Center in accordance with Part 101 of Subchapter H;
    13. Ensure consistency between security requirements and safety requirements;
    14. Inform facility personnel of their responsibility to apply for and maintain a TWIC, including the deadlines and methods for such applications, and of their obligation to inform TSA of any event that would render them ineligible for a TWIC, or which would invalidate their existing TWIC;
    15. Ensure that protocols consistent with section 105.255(c) of Subpart B, for dealing with individuals requiring access who report a lost, damaged, or stolen TWIC, or who have applied for and not yet received a TWIC, are in place; and
    16. If applicable, ensure that protocols consistent with 105.257 of Subpart B, for dealing with newly hired employees who have applied for and not yet received a TWIC, are in place.

FSOs of CFR Parts 105, knowing the roles and responsibilities of your owners and operators will help you help them, especially when new persons come on board your facilities in leadership or management roles of your maritime security regime and have no prior experience with MTSA requirements.  Remember any violation issued by U.S. Coast Guard security compliance inspectors is permanently recorded in a database that is shared across the Coast Guard.

Owners and operators, security directors and managers, to ensure your plan renewals and announced and unannounced U.S. Coast Guard compliance inspections will pass training standards, register yourself, FSOs and Alternates to attend a U.S. Coast Guard approved Seebald & Associates CSO/FSO training course.  To view a list of current and upcoming courses and for more information on how to register for a course visit www.seebald.com .