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APPENDIX A Summary of Regulations and Guidance Table A1. Summary table of maritime security policy and its impact on the USFS. Year Title of Legislation Objective of Legislation Impact on the USFS Enacted Created requirement for certain types of vessel and maritime Significantly increased International Ships & facilities to have security plans international security 2001 Port Facility Security and undertake other security- requirements for vessels and (ISPS) Code related activities to prevent maritime facilities. maritime terrorism. Mandated numerous security measures to include specific types of passenger vessels and Established security protection maritime facilities. Also, Maritime Transportation measures to enhance the required the U.S. Coast Guard 2002 Security Act (MTSA) security of vessels, facilities, to implement security programs cargo, and people at U.S. ports. to evaluate and identify security issues and mitigate vulnerabilities by implementing security protective measures. Obligated passenger vessels and facility owners/operators meeting specified criteria to 33 CFR Navigation and Established an organizational, implement and follow maritime Navigable Waters, operational, and administrative security guidelines. Each part 2003 Chapter I, Subchapter structure for the implementation addressed a specific maritime H--Maritime Security, of security protective measures security topic: Parts 101 and 103-106 within the maritime industry. Part 101: General Security Part 103: The AMS Committee Part 104: Vessel Security Part 105: Facility Security Sources: Federal Highway Administration. Transportation Equity Act for the 21st Century (TEA-21), http://www.fhwa.dot.gov/tea21/, and U.S. Coast Guard, Maritime Transportation Security Act (MTSA) 2002, http://www.uscg.mil/hq/g-m/mp/mtsa.shtml. 51
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52 Part II: Characteristics of the U.S. Ferry System Table A2. Summary table of security-related NVICs and their impact on the USFS. NVIC Title of NVIC Impact on the USFS Number Outlines procedures for conducting the International Port Security (IPS) Program, details the process for 02-05 International Port Security (IPS) Programs conducting information exchanges with other countries to learn how they are implementing the ISPS Code. Provides guidance detailing the Facility Security Implementation Guidance for the Regulations 03-03 Plan review process and compliance inspection Mandated by the Maritime Transportation Change 1 information and clarifies MTSA guidance mandated Security Act (MTSA) of 2002 for Facilities in 33 CFR 105. Establishes new guidance for developing security Security for Passenger Vessels and Passenger 04-02 plans and implementing security measures for Terminals passenger vessels and terminals. Guidance for Verification of Vessel Security Provides guidelines for implementing the security Plans on Domestic Vessels in Accordance with regulations mandated by MTSA 2002 and the ISPS the Regulations Mandated by the Maritime 04-03 Code and guidance for conducting verification Transportation Security Act (MTSA) of 2002 inspections of affected U.S. vessels operating in and International Ship & Port Security (ISPS) domestic waters. Code Part 1 provides updated procedures for risk-based vessel targeting, reporting, notification, boarding, 06-03 Coast Guard Port State Control Targeting and and control and enforcement, including revised Change 1 Boarding Policy for Vessel Security and Safety examination checklists. Part 2 provides updated enclosures to NVIC 06-03. Provides guidance on the development and Voluntary Screening Guidance for Owners and implementation of a screening regime for vessels and Operators Regulated under Parts 104, 105, and 06-04 facilities. An overview of what owners and operators 106 of Subchapter H of Title 33, Code of Federal should consider is provided. Other equivalent Regulations methods are permitted. Provides guidance on the development of area maritime security (AMS) committees and area Guidelines for Development of Area Maritime maritime security plans, describes responsibilities of 09-02 Security Committees and Area Maritime Security the Captain of the Port acting as the Federal Ch-1 Plans Required for U.S. Ports Maritime Security Coordinator, provides a template for the AMS plan, and addresses port security issues shared by stakeholders and the AMS committees. Provides recommendations for performing security 10-02 Security Guidelines for Vessels assessments, developing security plans, and implementing security measures and procedures. Provides maritime industry guidance on the access, Guidelines for Handling Sensitive Security 10-04 safeguarding, and disclosure of information to ensure Information transportation security. Provides guidance on developing security plans, 11-02 Recommended Security Guidelines for Facilities procedures, and measures for facilities. Establishes maritime security procedures for vessels Maritime Security Compliance and Enforcement 12-04 operating in the boundary waters of the United States for U.S./Canadian Boundary and Coastal Waters and Canada. Source: U.S. Coast Guard, List of Issued NVICs, http://www.uscg.mil/hq/g-m/mp/nvic.html.
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Appendix A: Summary of Regulations and Guidance 53 Other Sources of Maritime Guidance Other sources of maritime guidance that may have security implications are described briefly below. Local Notices to Mariners (LNMs) LNMs are published by the U.S. Coast Guard and are the primary means for disseminating information concerning navigation issues and other items of interest to mariners on waters under U.S. jurisdiction. The LNMs are essential to all navigators for the purpose of keeping their charts, lists, coast pilots, and other nautical publications up-to-date as well as to inform the maritime community of general security information (e.g., the temporary or permanent extension or reduction of a security zone or naval vessel protective zone [NVPZ]). The LNMs may be used to disseminate maritime security information, encourage the public to report suspicious activities to their local Federal Bureau of Investigation (FBI) Joint Terrorism Task Force (JTTF) office, and so forth. The Department of Homeland Security (DHS) encourages the maritime public to report information concerning suspicious activity to their local JTTF office. For more information, visit the U.S. Coast Guard's "LNM Frequently Asked Questions" page at http://www.navcen.uscg.gov/ faq/lnmfaq.htm. Naval Vessel Protection Zones (NVPZs) As a security precaution in 33 CFR 165, the U.S. Coast Guard designated concentric zones around U.S. Navy warships as NVPZs. Passenger vessels may encounter a naval warship during their travel on or near their route. Vigilance and caution on behalf of the vessel's master while in the area of the warship are necessary to ensure safe passage around or through the zone. The NVPZs surrounding all U.S. Navy ships over 100 feet in length consist of two concentric rings. The outer ring of the zone is a regulated area that encompasses a 500-yard standoff distance of water area around the naval vessel. The inner ring of the zone encompasses a 100-yard standoff distance and area surrounding the naval vessel. Zones are in force whether the vessel is moored or underway (i.e., in motion). Maritime vessels operating within the 500-yard zone, but outside of the 100-yard zone, must operate at minimum speed and proceed as directed by the naval ves- sel's commanding officer or official patrol. Vessels passing within the 100-yard inner ring must first contact the respective U.S. Navy or U.S. Coast Guard vessel via the designated maritime VHF-FM channel before continuing. This precaution is to ensure safe passage through the zone in accordance with the navigation rules.