MTSA


VESSELS

The Vessel Security Rule applies to:
  • Mobile Offshore Drilling Units (MODU), cargo, or passenger vessel subject to the International Convention for Safety of Life at Sea (SOLAS);
  • Foreign cargo vessels greater than 100 gross register tons;
  • Self-propelled U.S. cargo vessels greater than 100 gross register tons subject to 46 CFR subchapter I, except commercial fishing vessels inspected under 46 CFR part 105;
  • Vessels subject to 46 CFR chapter I, subchapter L;
  • Passenger vessels subject to 46 CFR chapter I, subchapter H;
  • Passenger vessels certified to carry more than 150 passengers;
  • Other passenger vessels carrying more than 12 passengers, including at least one passenger-for-hire, that is engaged on an international voyage;
  • Barge subject to 46 CFR chapter I, subchapters D or O;
  • Barges carrying Certain Dangerous Cargoes (CDCs) in bulk or barges that are subject to 46 CFR Chapter I, subchapter I, that are engaged on an international voyage;
  • Tankships subject to 46 CFR chapter I, subchapters D or O; and
  • Towing vessels greater than eight meters in registered length that are engaged in towing a barge or barges subject to this part, except a towing vessel that (1) temporarily assists another vessel engaged in towing a barge or barges subject to this part; (2) shifts a barge or barges subject to this part at a facility or within a fleeting facility; (3) assists sections of a tow through a lock; or (4) provides emergency assistance.
MTSA compliance is performance-based, and the terms of individual Vessel Security Plans (VSPs) are therefore left up to the owners and operators of each regulated vessel.  However, the Coast Guard must ultimately approve the plan.  In general, each VSP must:
  • Designate a Vessel Security Officer in charge of implementing VSP;
  • Describe how security measures will be implemented to ensure physical, passenger, cargo, and personnel security;
  • Identify the availability of security measures that increase in conjunction with increases in the Coast Guard’s MARSEC Level (i.e., with increases in national terrorism threat levels); and
  • Be updated at least every 5 years.

In December 2003, the Coast Guard issued NVIC 04-03: Guidance for Verification of Vessel Security Plans on Domestic Vessels in Accordance with the Regulations Mandated by the Maritime Transportation Security Act (MTSA) of 2002 and International Ship & Port Facility Security (ISPS) Code. Changes to this NVIC were made in May 2004 (Change to NVIC 04-03), December 2006 (Change to NVIC 04-03), and again in April 2008: (Change to NVIC 04-03).