MTSA: A BLUEPRINT FOR MARITIME SAFETY

By PA2 Judy Silverstein, Seventh District Public Afffairs

MIAMI, FLA. - In response to terrorist attacks on 9/11/2001, the United States Congress passed the Maritime Transportation Security Act (MTSA) in 2002. MTSA directs compliance with international treaty obligations hammered out by the International Maritime Organization (IMO). However, MTSA is part of a broader, layered Department of Homeland Security (DHS) strategy to decrease the vulnerability of our ports and waterways. In addition to MTSA, the IMO's Safety of Life at Sea (SOLAS) conventions have established security requirements that also adopt a new International Ship and Port (Facility) Security Code, known as ISPS.

The United States is one of many countries who signed SOLAS treaties. The group as a whole is committed to bringing maritime industries into compliance with ISPS regulations. The deadline, Jul.1, 2004, sent teams of fully qualified MTSA inspectors into action as deadline and new regulations loomed. With 361 ports open in the United States, inspection teams geared up with training courses for team members and outreach to the maritime community. It was all part of a strategy to implement the new maritime regulations. MTSA includes an increase in identification checks on crewmembers; perimeter fencing equipped with surveillance cameras, X-ray machines on all large cruise ships and increased patrols.

Port of Tampa. Photo by PA3 Beth Reynolds

Any cruise or cargo ship docking in the U.S. must produce documents showing the last 10 ports visited comply with the new rules, required by MTSA and the IMO. For foreign-flagged vessels, every first visit to a U.S. port requires an inspection. If a nation does not comply with or participate with ISPS, we will engage other Department of Homeland Security partners to work toward compliance. To date, most have been in compliance especially in Florida’s 14 ports and the busy Seventh District, according to recently compiled statistics. 

Forty-four reservists were activated to help implement regulations aimed at shoring up international and domestic confidence in port security in the United States. “We’re in this for the long haul,” said Commander Daniel Goldstein, Deputy Chief of Marine Safety for the Seventh District. “This is not a surge operation. This is a new way of doing business.” A Team Effort Most acknowledge a team effort was paramount to the success of meeting the aggressive Jul. 1, 2004 deadline.

In the port of Charleston, teams worked feverishly throughout the year to ensure facilities and vessels were in compliance, said Lt. Kevin Floyd, Chief of the Port Security and Operations Department. “No one has been shut down and vessels are passing inspections,” he said. “It’s a combination of a lot of good work by the maritime industry and our port partners in cooperation with the Coast Guard. We did a lot of outreach to ensure everyone knew what was expected and we gave them guidance every step of the way.”

TAMPA -A team from the Marine Safety Office (MSO) Tampa holds and annual MTSA inspection at IMC Phosphates located in the Port of Tampa.  IMC Phosphates Sr. Security Specialist Hamp Plowden confirms restricted areas on aerial photo of the facility while Petty Officer, 2nd Class Don Vaughn asks questions about their training plans. Coasties L-R - SK2 Don Vaughn (reservist), PS3 Stephanie Decker (reservist) and MST1 Angela Hollis leads the team on this annual inspection. USCG photo by PA3 Beth Reynolds

As teams fanned out across the ports in Savannah, Ga., Brunswick, Ga. and Port Royal, S.C., reservists served side-by-side their active duty counterparts, said Port State Control Branch Chief Lt.j.g. Marc Monpemerlo, MSO Savannah. Currently, Montemerlo’s teams conduct between 6-10 inspections daily, working round- the-clock shifts. He also credits an active pre-inspection phase with compliance amongst members of the maritime community. Capt. Mike Farley, Commanding Officer of MSO Tampa concurs. “We went to the extreme to educate the port community about MTSA and held workshops where they could ask questions." Our facility security staff worked hand-in-glove with the maritime community about application questions. “The security business is the application of good partnerships toward a common goal. We work closely together to achieve the common good.” Farley is quick to point out that work toward MTSA compliance accomplished by both facilities and vessels in the Tampa area have been substantive.

However, Savannah differs a bit from others in the AOR. One of only two ports where liquid natural gas (LNG) tankers arrive in the Seventh District; Montemerlo said his teams worked closely with industry to communicate the specifics and critical need for compliance. MTSA and ISPS certification still require a balance of our varied missions, he said, echoing Floyd’s perspective. “We look at all our missions and balance safety requirements, environmental regulatory compliance with MTSA requirements,” Montemerlo said. “The tempo is high but it’s exactly what we expected,” said Montemerlo. By all accounts, the implementation phase has been going smoothly within all Seventh District ports. “In fact, the compliance in our AOR exceeds our expectations,” said Montemerlo. We had a big push for implementation and everyone was aware of the certification and validation process and what that would mean.”

There is an international side of the maritime security issue as well and that is sometimes where things get a little trickier. Again, many say outreach was the key to success. ISPS Regulations Every ship is now required to sail with a security officer to oversee staff training and document the ship’s compliance with ISPS rules.

Regulations require ships to display a unique identifying number visible from the air, as well as 96-hour notification prior arrival. That time period allows the Coast Guard to cross check crew and passenger lists, cargo manifests, last and next ports of call, vessel history, and intelligence data. and to verify where the ship has been. The ISPS code also includes extensive measures for upgrading ship and port security. This includes perimeter fencing, closed circuit security TV cameras along with a plethora of new documentation procedures. By Dec. 31, 2004, an Automatic Identification System will track a ship’s information and location.,. Should security problems arise, ships and ports will use a series of three levels of alerts. Working in tandem with the Federal Bureau of Investigation (FBI), the Coast Guard wrapped up a 14-month investigation scouring the records of more than 200,000 commercial ship crewmembers. Nine with ties to terrorist organizations were identified.

Balancing heightened awareness and security with the enforcement of free trade is nothing new for the Coast Guard. “In the Coast Guard, we have always had to prioritize what we have to do at any given time,” said Goldstein. Yet despite the implementation deadline, the Coast Guard stresses these initiatives will be fine-tuned as the year progresses. “We are infinitely more secure than we were on Jun. 30,” said Goldstein.

Related Operations Operation Port Shield went into effect Jun. 15 and runs through Jul. 1, 2005. All encompassing, it focuses on the implementation and enforcement phases of the new maritime security requirements. Lt. Mike Russell, Port State Control Delta Team Leader in Miami, Fla., sees many advantages that have improved Coast Guard unity despite some protracted hours in this initial phase of the rollout. “We’re seeing marine safety combine with shore operations now,” he said. “SAR, Law enforcement, response, prevention, had to combine to get the work done. We ride out with the Station to the anchorage, to board vessels and you see us working in step.

Communications have improved and now everybody has a piece of the same pie as we have combined into a Maritime Domain Awareness force.” Although four teams are working 24-hour watches in the Miami area, Russell says everyone was well aware of what the implementation phase would entail. While many vessels responded to informational letters to ship’s owners and operators and were advised of the results of non-compliance, Miami was the first port and first port state in the world to deny entry for vessels since the MTSA/ISPS enactment on Jul.1 “We had three denials and five expulsions all based on non-compliance with MTSA/ISPS,” said Russell. However, Miami is an unusually busy port, he added. “Not only do we have standard (SOLAS) freight ships, but we have Caribbean cargo ships on the Miami River, container ships, passenger vessels and occasionally tank vessels,” said Russell speaking of the port’s diversity. That means varying challenges in meeting the aggressive requirements but Russell feels there was plenty of time. “Everyone knew this was coming and that it required an approved vessel security plan in compliance with MTSA/ISPS,” he said jumping in his car. Headed toward the Port of Miami, he was about to start an evening tour with an ambitious schedule of inspections. “This is the new tempo for the Coast Guard,” he said.

Facilities Inspections

Another facet to MTSA is the facility inspection side. As summer marches forward, inspection teams have established an ambitious schedule that includes randomly picked facilities. Recently, MSO Tampa was singled out in a Coast Guard message for up-to-date paperwork and entries in the Marine Inspection Safety and Law Enforcement (MISLE) system, said Lt.j.g. Nelson Santiago, Facility Compliance Branch Chief. “The plans are looking good and we have received some that are outstanding,” he said. Santiago attributes the high quality of plans to the commitment facility managers made toward understanding what was expected. “Some made a real effort to seek guidance as they wrote their plans,” he said. In turn, Santiago’s crew of nine, which includes five reservists, pores over plans to be sure security procedures and training accurately reflect operations at the facility. “Jul. 1 was D-Day,” said Farley. “We just started the process whereby we secure the ports,” he said. “Now the process entails work by the Coast Guard to verify the plans on paper match…we’re working to get these plans institutionalized.”

In Tampa, Fla. where all 80 facilities met compliance, it has been a meticulous task of laying down groundwork prior to Jul. 1. That mimics work at other MSO's throughout the country. As in every port, inspectors are now checking to see that plans on paper match attitudes, efforts and comprehension of stakeholders. “Good, solid planning led to development of good plans addressing vulnerabilities. But it’s just a start,” he cautioned. “Operationalizing those plans is a critical part of the ongoing process,” said Farley. “If a crew doesn’t understand the plan to our satisfaction, then we may delay them,” he added.

Using inspection check-off sheets and armed with Palm Pilots, the inspection crew painstakingly matches facility use with MTSA guidelines for plans. The information is then meticulously entered into MISLE in MSO’s across the country. Team members attend the Facility Security Inspector class at Yorktown, Va., each bringing a wealth of diverse experience, and Coast Guard background to the table, said Santiago. Teams are comprised of Coasties from different rates including MST, PS and MK and each brings a wealth of experience to the inspection team. Yet to be compliant, facility and ship owners have had invest both time and money to achieve compliance with MTSA/ISPS standards.

The Issue of Cost

Although security upgrades have been costly for ports, vessels and facilities, grants through the Transportation Safety Administration (TSA) have been available. Goldstein reports that to date, grants totaling $71 million have been awarded to offset security upgrade costs for non-federal agencies such as local Port Authorities and private facilities. Phase four grant requests are currently under review. The Future The Coast Guard has received plans and is working hard to assure implementation of MTSA/ISPS is achieved. While compliance with MTSA/ISPS is only the beginning, the Coast Guard plays a vital role in balancing secure ports with the free flow of commerce. Teams will work closely with both domestic and foreign-flagged vessels to achieve the goal of MTSA/ISPS compliance ensure crews and employees at facilities understand and implement the security measures that have been mapped out. With 95,000 miles of coastline and 361 ports, inspectors have their work cut out for them, though by all accounts the process is right on schedule.

-uscg-