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39292
Federal Register
/Vol. 68, No. 126/Tuesday, July 1, 2003/Rules and Regulations
(9) Other areas that may, if damaged,pose a risk to people, infrastructure, oroperations within the port.(c) AMS Assessments are sensitivesecurity information and must beprotected in accordance with 49 CFRpart 1520.
§
103.410Persons involved in the AreaMaritime Security (AMS) Assessment.
The persons carrying out the AMSAssessment must have the appropriateskills to evaluate the security of the portin accordance with this part. Thisincludes being able to draw upon expertassistance in relation to:(a) Knowledge of current securitythreats and patterns;(b) Recognition and detection of dangerous substances, and devices;(c) Recognition, on a non-discriminatory basis, of characteristicsand behavioral patterns of persons whoare likely to threaten security;(d) Techniques used to circumventsecurity measures;(e) Methods used to cause atransportation security incident;(f) Effects of dangerous substancesand devices on structures and portservices;(g) Port security requirements;(h) Port business practices;(i) Contingency planning, emergencypreparedness, and response;(j) Physical security measures;(k) Radio and telecommunicationssystems, including computer systemsand networks;(l) Transportation and civilengineering;(m) Vessel and port operations; and(n) Knowledge of the impact,including cost impacts of implementingsecurity measures on port operations.
Subpart E
 —
Area Maritime Security(AMS) Plan
§
103.500General.
(a) The Area Maritime Security (AMS)Plan is developed by the COTP, inconsultation with the AMS Committee,and is based on an AMS Assessmentthat meets the provisions of subpart Dof this part. The AMS Plan must beconsistent with the National MaritimeTransportation Security Plan and theNational Transportation Security Plan.(b) AMS Plans are sensitive securityinformation and must be protected inaccordance with 49 CFR part 1520.
§
103.505Elements of the Area MaritimeSecurity (AMS) Plan.
The AMS Plan should address thefollowing elements, as applicable:(a) Details of both operational andphysical measures that are in place inthe port at MARSEC Level 1;(b) Details of the additional securitymeasures that enable the port toprogress, without delay, to MARSECLevel 2 and, when necessary, toMARSEC Level 3;(c) Details of the security incidentcommand-and-response structure;(d) Details for regular audit of theAMS Plan, and for its amendment inresponse to experience or changingcircumstances;(e) Measures to prevent theintroduction of dangerous substancesand devices into designated restrictedareas within the port;(f) Measures to prevent unauthorizedaccess to designated restricted areaswithin the port;(g) Procedures and expectedtimeframes for responding to securitythreats or breaches of security,including provisions for maintaininginfrastructure and operations in theport;(h) Procedures for responding to anysecurity instructions the Coast Guardannounces at MARSEC Level 3;(i) Procedures for evacuation withinthe port in case of security threats or breaches of security;(j) Procedures for periodic planreview, exercise, and updating;(k) Procedures for reportingtransportation security incidents (TSI);(l) Identification of, and methods tocommunicate with, Facility SecurityOfficers (FSO), Company SecurityOfficers (CSO), Vessel Security Officers(VSO), public safety officers, emergencyresponse personnel, and crisismanagement organizationrepresentatives within the port,including 24-hour contact details;(m) Measures to ensure the security of the information contained in the AMSPlan;(n) Security measures designed toensure effective security of infrastructure, special events, vessels,passengers, cargo, and cargo handlingequipment at facilities within the portnot otherwise covered by a Vessel orFacility Security Plan, approved underpart 104, 105, or 106 of this subchapter;(o) Procedures to be taken when avessel is at a higher security level thanthe facility or port it is visiting;(p) Procedures for responding if avessel security alert system on board avessel within or near the port has beenactivated;(q) Procedures for communicatingappropriate security and threatinformation to the public;(r) Procedures for handling reportsfrom the public and maritime industryregarding suspicious activity;(s) Security resources available forincident response and their capabilities;(t) Procedures for responding to a TSI;and(u) Procedures to facilitate therecovery of the Marine TransportationSystem after a TSI.
§
103.510Area Maritime Security (AMS)Plan review and approval.
Each AMS Plan will be submitted tothe cognizant District Commander forreview and then forwarded to the AreaCommander for approval.
§
103.515Exercises.
(a) The COTP shall coordinate withthe Area Maritime Security (AMS)Committee to conduct an exercise atleast once each calendar year, with nomore than 18 months between exercises,to test the effectiveness of the AMSPlan.(b) An exercise may consist of any of the following:(1) A tabletop exercise to validate theAMS Plan. No equipment or personneldeployment is required;(2) A field training exercise consistingof personnel deployment and use of security equipment; or(3) A combination of 
§
103.515(b)(1)and (b)(2).(c) Upon concurrence of the cognizantDistrict Commander, an actual increasein MARSEC Level, or implementation of enhanced security measures duringperiods of critical port operations orspecial marine events may satisfy theexercise requirements of this section.
§
103.520Recordkeeping.
(a) All records pertaining to the AreaMaritime Security (AMS) Assessmentand AMS Plan will be retained by theCOTP for 5 years.(b) Exercise documentation will bekept by the COTP for 2 years.
Dated: June 23, 2003.
Thomas H. Collins,
Admiral, Coast Guard Commandant.
[FR Doc. 03
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16187 Filed 6
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27
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03; 8:45 am]
BILLING CODE 4910
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15
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P
DEPARTMENT OF HOMELANDSECURITYCoast Guard33 CFR Parts 104, 160, and 16546 CFR Parts 2, 31, 71, 91, 115, 126,and 176
[USCG
 –
2003
 –
14749]RIN 1625
 –
AA46
Vessel Security
AGENCY
:
Coast Guard, DHS.
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39293
Federal Register
/Vol. 68, No. 126/Tuesday, July 1, 2003/Rules and Regulations
ACTION
:
Temporary interim rule withrequest for comments and notice of meeting.
SUMMARY
:
This interim rule providessecurity measures for certain vesselscalling on U.S. ports. It requires theowners or operators of vessels todesignate security officers for vessels,develop security plans based on securityassessments, implement securitymeasures specific to the vessel
’
soperation, and comply with MaritimeSecurity Levels. This interim rule is oneof six interim rules in today
’
s
FederalRegister
that comprise a new subchapteron the requirements for maritimesecurity mandated by the MaritimeTransportation Security Act of 2002.These six interim rules implementnational maritime security initiativesconcerning general provisions, AreaMaritime Security (ports), vessels,facilities, Outer Continental Shelf facilities, and the AutomaticIdentification System. Whereappropriate, they align these domesticmaritime security requirements withthose of the International Ship and PortFacility Security Code and recentamendments to the InternationalConvention for the Safety of Life at Sea.To best understand these interim rules,first read the interim rule titled
‘‘
Implementation of National MaritimeSecurity Initiatives
’’
(USCG
–
2003
–
14792).
DATES
:
Effective date. This interim ruleis effective from July 1, 2003 untilNovember 25, 2003, with the exceptionof amendatory instructions 2, 5, 6, 8, 9,10, 12, 14, 15, 16, 18, and 19 which areeffective July 1, 2003. The Coast Guardintends to finalize these amendments byNovember 25, 2003. On July 31, 2003,the Director of the Federal Registerapproved the incorporation by referenceof certain publications listed in thisrule.
Comments
. Comments and relatedmaterial must reach the DocketManagement Facility on or before.Comments on collection of informationsent to the Office of Management andBudget (OMB) must reach OMB on or before July 31, 2003.
Meeting 
. A public meeting will beheld on July 23, 2003, from 9 a.m. to 5p.m., in Washington, DC.
ADDRESSES
:
Comments
. To ensure thatyour comments and related material arenot entered more than once in thedocket, please submit them by only oneof the following means:(1) Electronically to the DocketManagement System Web site at
http://dms.dot.gov.
 (2) By mail to the Docket ManagementFacility (USCG
–
2003
–
14749), U.S.Department of Transportation, room PL
–
401, 400 Seventh Street, SW.,Washington, DC 20590
–
0001.(3) By fax to the Docket ManagementFacility at 202
–
493
–
2251.(4) By delivery to room PL
–
401 on thePlaza level of the Nassif Building, 400Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Mondaythrough Friday, except Federal holidays.The telephone number is 202
–
366
–
9329.You must also mail comments oncollection of information to the Office of Information and Regulatory Affairs,Office of Management and Budget, 72517th Street NW., Washington, DC 20503,ATTN: Desk Officer, U.S. Coast Guard.
Meeting.
A public meeting will beheld on July 23, 2003 in Washington,DC at the Grand Hyatt Washington, DC,1000 H Street, NW., Washington, DC20001.
Availability.
Electronic forms of allcomments received into any of ourdockets can be searched by the name of the individual submitting the comment(or signing the comment, if submittedon behalf of an association, business,labor unit, etc.) and is open to thepublic without restriction. You may alsoreview the Department of Transportation
’
s complete Privacy ActStatement in the
Federal Register
 published on April 11, 2000 (65 FR19477
–
78), or you may visit
http:// dms.dot.gov/ 
.
FOR FURTHER INFORMATION CONTACT
:
If you have questions on this rule, callLieutenant Kevin Oditt (G-MP), U.S.Coast Guard by telephone 202
–
267
–
1103, toll-free telephone 1
–
800
–
842
–
8740 ext. 7
–
1103, or electronic mail
msregs@comdt.uscg.mil 
.If you have questions on viewing orsubmitting material to the docket, callMs. Dorothy Beard, Chief, Dockets,Department of Transportation, andtelephone 202
–
366
–
5149.
SUPPLEMENTARY INFORMATION
:
Due to theshort timeframe given to implementthese National Maritime TransportationSecurity initiatives, as directed by theMaritime Transportation Security Act(MTSA), and to ensure all comments arein the public venue for these importantrulemakings, we are not acceptingcomments containing protectedinformation for these interim rules. Werequest you submit comments, asexplained in the
Request for Comments
 section below, and discuss yourconcerns or support in a manner that isnot security sensitive. We also requestthat you not submit proprietaryinformation as part of your comment.The Docket Management Facilitymaintains the public docket for thisrulemaking. Comments and materialreceived from the public, as well asdocuments mentioned in this preambleas being available in the docket, will become part of this docket and will beavailable for inspection or copying atroom PL
–
401 on the Plaza level of theNassif Building, 400 Seventh StreetSW., Washington, DC, between 9 a.m.and 5 p.m., Monday through Friday,except Federal holidays. You may alsofind this docket on the Internet at
http://dms.dot.gov 
. 
Request for Comments
We encourage you to participate inthis rulemaking by submittingcomments and related material. Yourcomments will be considered for thefinal rule we plan to issue beforeNovember 25, 2003, to replace thisinterim rule. If you choose to commenton this rule, please include your nameand address, identify the specific docketnumber for this interim rule (USCG
–
2003
–
14749), indicate the specificheading of this document to which eachcomment applies, and give the reasonfor each comment. If you havecomments on another rule, pleasesubmit those comments in a separateletter to the docket for that rulemaking.You may submit your comments andmaterial by mail, hand delivery, fax, orelectronic means to the DocketManagement Facility at the addressunder
ADDRESSES
.
Please submit yourcomments and material by only onemeans. If you submit them by mail orhand delivery, submit them in anunbound format, no larger than 8
1
 ⁄ 
2
 by11 inches, suitable for copying andelectronic filing. If you submit them bymail and would like to know that theyreached the facility, please enclose astamped, self-addressed postcard orenvelope. We will consider allcomments and material received duringthe comment period. We may changethis rule in view of them.
Public Meetings
We will hold a public meeting on July23, 2003, in Washington, DC at theGrand Hyatt Hotel, at the address listedunder
ADDRESSES
.
The meeting will befrom 9 a.m. to 5 p.m. to discuss all of the maritime security interim rules, andthe Automatic Identification System(AIS) interim rule, found in today
’
s
Federal Register
. In addition, you maysubmit a request for other publicmeetings to the Docket ManagementFacility at the address under
ADDRESSES
 explaining why another one would be beneficial. If we determine that othermeetings would aid this rulemaking, wewill hold them at a time and place
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39294
Federal Register
/Vol. 68, No. 126/Tuesday, July 1, 2003/Rules and Regulations
announced by a later notice in the
Federal Register
.
Regulatory Information
We did not publish a notice of proposed rulemaking for thisrulemaking and are making this ruleeffective upon publication. Section102(d)(1) of the Maritime TransportationSecurity Act of 2002 (MTSA, Pub. L.107
–
295, 116 STAT. 2064) requires thepublication of an interim rule as soon aspracticable without regard to theprovisions of chapter 5 of title 5, U.S.Code (Administrative Procedure Act).The Coast Guard finds thatharmonization of U.S. regulations withmaritime security measures adopted bythe International Maritime Organization(IMO) in December 2002, and the needto institute measures for the protectionof U.S. maritime security as soon aspracticable, furnish good cause for thisinterim rule to take effect immediatelyunder both the AdministrativeProcedure Act and section 808 of theCongressional Review Act.
Background and Purpose
A summary of the Coast Guard
’
sregulatory initiatives for maritimesecurity can be found under the
Background and Purpose
section in thepreamble to the interim rule titled
‘‘
Implementation of National MaritimeSecurity Initiatives
’’
(USCG
–
2003
–
14792) published elsewhere in today
’
s
Federal Register
.
Discussion of Comments AddressingVessel Issues in the Notice of Meeting
For a discussion of comments onvessels at the public meetings and in thedocket, see the interim rule titled
‘‘
Implementation of National MaritimeSecurity Initiatives
’’
(USCG
–
2003
–
14792) published elsewhere in today
’
s
Federal Register
.
Discussion of Interim Rule
This interim rule regulates the ownersor operators of certain classes of vessels,in order to provide greater security tothese vessels and to other vessels orports with which a vessel interfaces.The interim rule adds part 104, VesselSecurity, to the new subchapter H,Maritime Security of Title 33 of theCode of Federal Regulation. A generaldescription of the process used indeveloping subchapter H and itscomponent parts appears in the interimrule titled
‘‘
Implementation of NationalMaritime Security Initiatives
’’
(USCG
–
2003
–
14792).The MTSA and the International Shipand Port Facility Security (ISPS) Codeuse different terms to define similar, if not identical, persons or things. Thesediffering terms sometimes match upwith the terms used in subchapter H, but sometimes they do not. For a tableof the terms used in subchapter H andtheir related terms in the MTSA and theISPS Code, see the
Discussion of InterimRule
section in the preamble for theinterim rule titled
‘‘
Implementation of National Maritime Security Initiatives
’’
 (USCG
–
2003
–
14792), publishedelsewhere in today
’
s
Federal Register
.The purpose of this rulemaking is torequire certain vessels to performsecurity assessments, develop securityplans, and implement security measuresand procedures in order to reduce therisk of and to mitigate the results of anact that threatens the security of thecrew, the vessel, or the public. Thisrulemaking combines internationalrequirements and existing domesticpolicy and is published as a part of anew subchapter on maritime security.The MTSA mandates vessels that arerequired to conduct securityassessments and develop security plansto submit their vessel security planwithin 6 months of the publication of this interim rule. It also mandates thatthe vessels shall be in compliance withtheir approved security plan within 12months of the publication of thisinterim rule. However, consistent withcustomary international law, therequirements in part 104 do not applyto vessels engaged in innocent passagethrough the territorial sea of the U.S. orin transit passage through the navigablewaters of the U.S. that form part of aninternational strait.Part 104 consists of four Subparts:Subpart A (General), subpart B (VesselSecurity Requirements), subpart C(Vessel Security Assessment), andsubpart D (Vessel Security Plan). Whereappropriate, the requirements discussedin part 104 are consistent withrequirements in the ISPS Code, andinclude the requirements discussed below.
Compliance
U.S. flag vessel compliance with thispart will be verified during inspections by the Coast Guard as provided in 46CFR part 2. 46 CFR subchapters D, H,I, K, L, and T will be amended to requirethat a certificate of inspection be basedon the condition that the vessel meetsthe requirements of 33 CFR subchapterH and specifically this part.Foreign vessels that have on board avalid International Ship SecurityCertificate that attests to the vessel
’
scompliance with InternationalConvention for Safety of Life at Sea,1974, (SOLAS) and the ISPS Code, partA, and the relevant provisions in theISPS Code, part B, of will be deemed incompliance with this part, except forthose sections otherwise specified.Foreign vessel compliance will beverified during Port State Controlverification exams.The interim rule also affects theNotice of Arrival rule in part 160 of title33, U.S. Code. These changes providethe Coast Guard with additionalinformation essential to our exercise of Port State Control functions and to ourimposition of control and compliancemeasures on foreign vessels bound for aport or place in the U.S., consistent withMTSA and with SOLAS regulation XI
–
2/9. A foreign vessel already covered bythe Notice of Arrival rule will have toprovide information about itsInternational Ship Security Certificateand its implementation of an approvedsecurity plan.As required by SOLAS Chapter XI
–
2Regulation 3 and the ISPS Code, part A,section 5, the Coast Guard haspublished additional requirements forvessels calling in the U.S. in
§§
104.240and 104.255 of 33 CFR 104. Thesesections provide the U.S. requirementsfor setting and communicating changesin Maritime Security Level, completingDeclarations of Security, and additionalinstructions for all vessels whenMaritime Security Level 3 is set.
Waivers
The waiver section details proceduresfor requesting a waiver for the benefit of vessel owners or operators who findspecific requirements of the rulemakingto be unnecessary.
Equivalents
The equivalents section detailsprocedures for requesting anequivalency for specific requirements of the rulemaking. Equivalents areintended to allow vessel owners oroperators to provide an alternativeprovision or arrangement that providesthe same level of security as a specificrequirement contained within this part.
Alternative Security Program
This part makes provision to allowowners or operators of vessels ondomestic voyages only to implement anAlternative Security Program that has been reviewed and accepted by theCommandant (G
–
MP), to meet therequirements of this part. AlternativeSecurity Programs must becomprehensive and based on a securityassessment to demonstrate it meets theintent of each section of this part.Owners or operators are required toimplement an appropriate AlternativeSecurity Program in its entirety to bedeemed in compliance with this part.
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