Marine Safety Unit Toledo U.S. Coast Guard

Marine Safety Office Toledo U.S. Coast Guard

Press Release

Date: June 30, 2004 Contact: Lt.Cdr. Mark Skolnicki 419-418-6011

U.S. Coast Guard Maritime Transportation Security Act Implementation TOLEDO, Ohio--The Maritime Transportation Security Act (MTSA) final regulations were published on October 22, 2003 and became effective November 22, 2003.  They are aligned with the international standards set forth by the International Convention for the Safety of Life at Sea and the International Ship and Port Facility Security (ISPS) Code.  Under MTSA, certain U.S flagged vessels and facilities were required by Dec. 31, 2003 to submit a security plan to the Coast Guard for approval in order to conduct operations after July 1, 2004.  Failure to submit a Security Plan subjected the owner or operator to possible civil penalty action.  Coast Guard enforcement policies for the MTSA regulations in the six months following Dec 31, 2003 have afforded every opportunity for voluntary compliance while subjecting those not in compliance to enforcement actions.  The primary goal of the Coast Guard’s enforcement efforts is to achieve compliance with the applicable regulations through a two-step civil penalty system.  Civil penalty violations could be issued for “failure to submit a security plan.”  The enforcement tools are varied and will run from letters of warning to substantial civil penalties and potential criminal charges.  Full enforcement of MTSA, its regulations, and the ISPS Code, will commence July 1, 2004.  Coast Guard enforcement procedures will provide a standard of consistency across companies, across states, and among countries.  The Coast Guard’s intention is to strengthen the security of American ports and waterways and the ships that use them, while maintaining the free flow of commerce.  A vessel’s or port facility’s record of compliance on security incidents will be an important factor in determining the control measures to be taken by the Coast Guard.  Owners or operators who failed to submit a security plan by February 1st received a $10,000 penalty assessment.  Non-compliance after July 1, 2004 will subject an owner or operator to a range of measures that could include denial of entry into port, significant cargo delays, or closure of a facility.  The area of responsibility for Marine Safety Office (MSO) Toledo extends along Lake Erie from just north of Monroe, Michigan to just west of Vermillion, Ohio.  Within this zone, there are 32 waterfront facilities that are subject to the new security regulations.  In MSO Toledo’s area of responsibility, 25 U.S.-flagged vessels are required to have an approved security plan.  Compliance in the Toledo zone is consistent with the numbers across the nation.  Please call LCDR Mark Skolnicki, MSO Toledo Public Affairs Officer, with any questions.