The Facility Security Rule applies to:
- Facilities that receive explosives, liquefied natural or hazardous gas, or oil and other hazardous materials in bulk);
- Transfer oil or hazardous materials;
- Facilities that receive vessels certified to carry more than 150 passengers, if passengers embark or disembark at the facility;
- Facilities that receive foreign cargo vessels greater than 100 gross register tons;
- Facilities that receive vessels subject to SOLAS; or
- Barge fleeting facilities that receive barges carrying, in bulk, cargoes regulated by 46 CFR Chapter I, subchapters D or O, or Certain Dangerous Cargoes (CDCs).
MTSA compliance is performance-based. However, the Coast Guard must ultimately approve each Facility Security Plan (FSP). In general, each FSP must:
- Designate a Facility Security Officer in charge of implementing the FSP;
- 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 May 2004, the Coast Guard issued NVIC 03-03: Implementation Guidance for the Regulations Mandated by the Maritime Transportation Security Act of 2002 (MTSA) for Facilities. The NVIC was later amended.