U.S. Maritime Transportation Security Act of 2002
 
What is it?
The U.S. Congress passed the Maritime Transportation Security Act (MTSA) of 2002 on 14 November 2002. The Act seeks to enhance maritime security in a manner that maximizes benefits while minimizing costs. When fully implemented, these regulations will impose broad security requirements on the both the U.S. domestic and international marine industry.
 
When is it effective?
The interim rules required by the Act were published on 1 July 2003, followed by final rules on 19 Nov 2003. These rules implmented 33 CFR 104 (Vessel Security) and 33 CFR 105 (Facility Security) as well as other related security regulations. While U.S. entities face mandatory milestones for the submission of vessel and facility security assessments and plans, the effective date for enforcement of these provisions coincides with the international ISPS compliance date, 1 July, 2004.
 
What vessels and facilities will be affected?
Vessels and facilities determined to pose a “high risk” of being involved in a transportation security incident must comply with these rules. A transportation security incident is defined as a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area. Although not yet developed, the list of affected vessels is likely to include large passenger ships, tank vessels, LNG carriers, and container ships.
 
What does the Act require?
The MTSA contains many diverse requirements, only some of which are of direct interest to the commercial marine industry. The significant provisions affecting the majority of clients engaged in international trade include:
 
Vulnerability Assessments.
Limited Facility and Vessel vulnerability assessments will be completed by the USCG. These vulnerability assessments are intended to identify those vessels and facilities considered to be a “high risk.”

Security Plans.
Similar to OPA ’90, there will be a “family” of plans, including National, Area, and local. Vessels and facilities designated as high risk will be required to submit security plans that are consistent with the National and Area plans.

Qualified Individuals.
Vessels and Facilities must identify a qualified individual having full authority to implement security actions.

Transportation Security Cards.
Only personnel in possession of a Transportation Security Card (TSC), issued by the USCG, will be allowed to enter secure areas of vessels and facilities, unless accompanied by someone who has such a card. Crewmembers, pilots, support personnel, and other persons engaged in port security duties must possess a TSC.

Foreign Port Assessments.
The USCG will evaluate the effectiveness of anti-terrorism measures maintained at foreign ports from which vessels typically depart on voyages to the U.S. Depending on the adequacy of those protective measures, the U.S. may impose additional conditions of entry on vessels arriving from the port.

Enhanced Crewmember Identification.
Crewmembers on vessels calling at U.S. ports will be required to possess credentials acceptable to the USCG. An identification card issued under International Labor Organization (ILO) standards may be acceptable.

Maritime Security Professional Training.
Standards and curriculum for training and certification of maritime security professionals will be developed.
 
How does MTSA differ from the ISPS Code?
The MTSA was intentionally drafted to mirror most requirements in the ISPS Code. The more significant differences that affect shipowners and operators include Ship Security Plans, Identification Credentials and Automated Identification Systems (AIS). The U.S. requirements for AIS will likely impact only U.S. domestic vessels. The differences affecting clients involved in international trade include:
 
Vessel Security Plans.
Appropriate U.S. domestic vessels must have Vessel Security Plans (VSPs) approved by the USCG. Unlike the IMO requirements, the vessels required to have VSPs will not be determined by vessel size. Vessels determined to pose a high risk of a transportation security incident will be required to have a VSP.

Identification Credentials.
The U.S. requirement for mariner credentials may be in addition to the identification card issued under ILO standards. Mariners involved in international trade may be required to carry two identification cards: one issued by their flag state, as well as the Transportation Security Card issued by the USCG.