Identify and Review Domestic Regulations involving Facility Security
Summary of Domestic Regulations
Maritime Transportation Security Act (MTSA) of 2002 - Aligns the domestic maritime security regulations with the international maritime security standards in SOLAS and ISPS. Parts 101, 103, 104, 105, and 106 respectively address general maritime security, area maritime security, vessel security, facility security, and Outer Continental Shelf (OCS) facility security.
Ports and Waterway Safety Act (PWSA) of 1972 - Its purpose is to promote navigation, vessel safety, and protection of the marine environment. It was amended by the Port and Tanker Safety act (PTSA) of 1978. The PTSA provided broader regulatory authority over regulated and non-regulated areas such as improvements in the supervision and control of all types of vessel operating in U.S. navigable waters and in the safety of foreign or domestic tank vessel that transport or transfer oil or hazardous arose in ports or paces subject to U.S. jurisdiction.
Department of Transportation (DOT) Hazardous Material (HAZMAT) Transportation (49 CFR 172) - Requires that transporters of HAZMAT via air, vessel, rail, or highway and offerors of HAZMAT via air, vessel, rail, or highway to undertake a hazard assessment, have a security plan, conduct training, et al.
Chemical Facility Anti-Terrorism Standards (CFATS) - Requires companies that distribute, store, use, manufacture, or process certain chemicals in excess of specified amounts to identify themselves to the Department of Homeland Security (DHS), prepare a security vulnerability assessment, supply extensive amount of information to DHS concerning security measures, and "harden" the facility to DHS' satisfaction.
Immigration and Naturalization Act (INA) of 1965 - The U.S. has a history of laws concerning immigration and naturalization dating back to 1795. They have detailed you can become a resident of this country, established quotas for various nationalities, addressed the status of Native Americans, et al. The latest law, among other things, set an annual limitation of 300,000 visas; including 170,00 from Eastern Hemisphere countries and 12,000 from Western Hemisphere countries with no more that 20,000 per country.
Tariff Act - There are multiple acts dating back to 1789 that establish taxes on imports and exports. The latest version is the North America Free Trade Act (NFTA).
Act to Prevent Pollution form Ships (AAPS), 33 United States Code §§1905 - 1915 - A U.S. law that implements the provisions of MARPOL. It applies to all U.S.-flagged vessels anywhere in the world and to all foreign-flagged vessels operating in U.S. waters. The regulatory mechanism established in APPS to implement MARPOL is separate and distinct from the Clean Water Act and other federal environmental laws.
Navigation and Vessel Inspection Circular (NVIC) - NVIC documents provide detailed guidance about the enforcement or compliance with a certain Federal marine safety regulations and Coast Guard marine safety programs. While NVIC's are non-directive, meaning that they do not have the force of law, they are important "tools" for complying with the law. Non-compliance with a NVIC is not a violation of the law in and of itself; however non-compliance with a NVIC may be an indication that there is non-compliance with a law, a regulation, or a policy.
NVIC's are used internally by the Coast Guard to ensure that inspections and other regulatory actions conducted by our field personnel are adequate, complete and consistent. Likewise, mariners, the marine industry and the general public use NVIC's as means of determining how the Coast Guard will be enforcing certain regulations or conducting various marine safety programs. NVIC's are issued by the Assistant Commandant for Marine Safety, Security and Environmental Protection and address any of a wide variety of subjects, including vessel construction features; mariner training and licensing requirements; inspection methods and testing techniques; safety and security procedures; requirements for certain Coast Guard regulatory processes; manning requirements; equipment approval methods; and special hazards.
NVIC's are numbered consecutively by year, e.g., NVIC 7-02 would be the seventh NVIC issued in 2002. The "zero" NVIC, numbered 00, is always the index of NVIC's in force or still current at the beginning of the calendar year. Thus, NVIC 00-99 would be a list of all NVIC's that have not been cancelled before January 1, 1999.
MTSA/ISPS Policy Advisory Council (PAC) - PAC documents provides USCG Headquarters guidance on the interpretation of the current International and Domestic regulations as necessary.
Transportation Worker Identification Credential (TWIC) / MTSA Policy Advisor Council (PAC) - TWIC PAC documents provide guidance and interpretations about MTSA and associated matters such as TWIC.
Port Security Information Bulletin (PSIB) - They provide guidance from specific USCG COTP zones about security matters. These guidance documents may be accessed through the USCG HOMEPORT web site and are unique to a specific USCG Sector Command or Area.
Marine Safety Information Bulletin (MSIB) - They provide guidance from specific USCG COTP zones about safety matters. These guidance documents may be accessed through the USCG HOMEPORT web site and are unique to a specific USCG Sector Command or Area.
Notice of Proposed Rule Making (NPRM) - It is a public notice issued by law when one of the independent agencies of the United States government wishes to add, remove, or change a rule or regulation as part of the rulemaking process. It is an important part of United States administrative law.
Certain Dangerous Cargo (CDC) Guidance
